CELEX: 31983R2938
Language: en
Date: 1983-10-20 00:00:00
Title: Commission Regulation (EEC) No 2938/83 of 20 October 1983 on delivery of milled long-grain rice as food aid to the Kingdom of Lesotho

No L 288/22                           Official Journal of the European Communities                            21 . 10 . 83
                                  COMMISSION REGULATION (EEC) No 2938/83
                                                    of 20 October 1983
                 on delivery of milled long-grain rice as food aid to the Kingdom of Lesotho
THE COMMISSION OF THE EUROPEAN                                  that the successful tenderer complies with his obliga­
COMMUNITIES,                                                    tions ;
Having regard to the Treaty establishing the European           Whereas, however, the specific provisions concerning
Economic Community,                                             delivery to destination must be set out ; whereas the
Having regard to Council Regulation (EEC) No                    successful tenderer must thus bear all risk in the goods
1418/76 of 21 June 1976 on the common organization              up to unloading at the stipulated destination ; whereas
of the market in rice (!), as last amended by Regulation        payment can be made only when proof of delivery to
(EEC) No 1566/83 (2), and in particular Article 25              the destination is provided ;
thereof,
                                                                Whereas it must be made clear who is to bear any
Having regard to Council Regulation (EEC) No                     costs which arise in the event that for reasons of force
2750/75 of 29 October 1975 fixing criteria for the               majeure the operation in question is not completed
mobilization of cereals intended as food aid (3), as            within the period stipulated ;
amended by Regulation (EEC) No 3331 /82 (4), and in
particular Article 6 thereof,                                    Whereas the Italian intervention agency should be
                                                                 made responsible for the tendering procedure in ques­
Having regard to Council Regulation No 129 of 23                 tion ;
October 1962 on the value of the unit of account and
the exchange rates to be applied for the purposes of             Whereas the measures provided for in this Regulation
the common agricultural policy 0, as last amended by             are in accordance with the opinion of the Management
Regulation (EEC) No 2543/73 (% and in particular                 Committee for Cereals,
Article 3 thereof,
Having regard to the opinion of the Monetary
Committee,                                                       HAS ADOPTED THIS REGULATION :
Whereas on 26 April 1982 the Council of the Euro­
pean Communities declared that by way of Commu­
                                                                                        Article 1
nity action it proposed to grant Lesotho 862 tonnes of
milled long-grain rice under its 1982 food-aid
programme ;                                                      1 . The intervention agency mentioned in Annex I
                                                                 hereto is hereby required to implement the mobiliza­
Whereas pursuant to Article 3 (3) of Council Regula­             tion and supply of the product stated in the said
 tion (EEC) No 2750/75 the goods may be purchased                Annex as food aid, subject to the provisions of this
anywhere on the Community market ;                               Regulation.
Whereas an invitation to tender should be issued for
                                                                 2. Supply of the products shall be organized under
 supply of the products delivered unloaded at Maseru             the tender procedure.
via Durban in view of the final use to be made of the
goods delivered ;                                                3. Annex I shall take the place of a notice of invita­
Whereas the provisions of Commission Regulation                  tion to tender. The intervention agency responsible
 (EEC) No 1974/80 of 22 July 1980 laying down                    shall make further publications as necessary.
general implementing rules in respect of certain food­
 aid operations involving cereals and rice (J), as last
                                                                                        Article 2
 amended by Regulation (EEC) No 3323/81 (8), should
 be applied as far as possible, particularly in respect of
 the procedure for submission of tenders, since the               1 . For the purposes of the invitation to tender, the
 manner in which the security is lodged must guarantee            following provisions of Regulation (EEC) No 1974/80
                                                                  shall apply :
 (■) OJ No L 166, 25. 6. 1976, p. 1 .                            — Article 4, except the provisions of paragraph 3 (e)
 (2) OJ No L 163, 22. 6. 1983, p. 5.                                  and paragraph 4 (d) and (e), in respect of submis­
 0   OJ No L 281 , 1 . 11 . 1975, p. 89.                              sion of tenders,
  4  OJ No L 352, 14. 12. 1982, p. 1 .
 0   OJ No 106, 30. 10 . 1962, p. 2553/62.                       — Article 5 in respect of provision of security,
 0   OJ No L 263, 19. 9. 1973, p. 1 .
 0   OJ No L 192, 26. 7. 1980, p. 11 .                            — Article 6 in respect of opening and reading
 (8) OJ No L 334, 21 . 11 . 1981 , p. 27.                             tenders.
 ---pagebreak---    21 . 10 . 83                       Official Journal of the European Communities                           No L 288/23
   2.    The tender shall indicate the amount of the            tion to which the goods are subject, until they have
   tender expressed per tonne of product, in the currency       effectively been unloaded and delivered to the final
   of the Member State where the tendering procedure is         destination .
   taking place. The tender must include the cost of
   fumigation, unloading and warehousing at the final           3.     The successful tenderer shall communicate as
   destination stated in Annex I.                               soon as possible to the recipient's representative the
                                                                date of loading, the means of transport used to consign
  The tender shall state separately the amount of cost in       the goods to the final destination, and the probable
'  respect of sea and land transport to the stipulated final    date of arrival. He shall immediately send this infor­
   destination .                                                mation to the intervention agency responsible for
                                                                payment, which shall forward it without delay to the
  The tender shall indicate the Member State in which           Commission .
   the tenderer, in the event of his being declared
   successful, undertakes to complete the customs export        The tenderer shall advise the recipient's representative,
   formalities .                                                at least three days in advance, of the probable date of
                                                                arrival of the goods at the final destination.
   3.    The tenderer shall carry out his obligations
  pursuant to this Regulation and the undertakings
  referred to in Article 4 (4) of Regulation (EEC) No                                    Article 5
   1974/80, with the exception of subparagraphs (d) and
  (e) thereof.                                                   1 . The intervention agency of the country of ship­
                                                                ment shall arrange for a check at the port before
  4. The tenderer shall undertake to ship in vessels            loading on the quantity, quality and packaging of the
  listed in the larger classes in recognized classification     goods. Following inspection an attestation shall be
  registers, not more than 1 5 years old, and attested by a     issued by the intervention agency. The costs relating
  competent body as meeting hygiene requirements.               thereto shall be borne by the successful tenderer.
                                                                The successful tenderer shall provide that intervention
                          Article 3                             agency with a certificate from the organization which
                                                                undertook fumigation, showing that that operation has
   1.    Without prejudice to paragraphs 2 and 3, the           been carried out.
  contract shall be awarded within 48 hours to the
  tenderer who has submitted the most favourable                2. Samples intended for analysis shall be taken and
  tender.                                                       the inspection shall be carried out in accordance with
                                                                the trade practices in force in the country of shipment.
  2.     Where the most favourable tender is submitted          The successful tenderer and the recipient's representa­
  by more than one tenderer, the intervention agency            tive shall be invited to take part in the operation.
  shall award 1 the contract to one of those tenderers by
  drawing lots.                                                 Two sealed samples shall be kept by the intervention
                                                                agency until issue by the recipient of the taking-over
  3. If the tenders do not appear to be in line with            certificate or until issue of the certificate referred to in
  the prices normally prevailing on the market, the             Article 6 (2).
  intervention agency may, with the agreement of the
  Commission, decide not to award the contract.                 3 . If the inspection referred to in paragraph 1 gives
                                                                rise to a dispute, the intervention agency shall arrange
  4. The intervention agency shall communicate the              for a second inspection by a service different from that
  results of the tendering procedure to all the tenderers       mentioned in paragraph 1 , the findings of which shall
  by letter or telex sent not later than the first working      be final. The costs relating thereto shall be borne by
  day following the award decision.                             the losing party.
                                                                4. Where the inspection provided for in the pre­
                          Article 4                             ceding paragraphs reveals that the goods do not satisfy
                                                                the requirements stipulated, they must be refused and
  1.    The successful tenderer shall contract as neces­        replaced. Where some quantities are missing the
  sary, at his own expense, for carriage of the goods to        successful tenderer must make up the cargo.
  the final destination and shall bear all the costs
  involved, including those of unloading and ware­
  housing at the destination . He shall take out suitable                                Article 6
  insurance .
                                                                1 . A taking-over certificate shall be issued by the
  2. > The successful tenderer shall bear all the risks         recipient immediately following unloading at the final
  relating to the goods, in particular of loss or deteriora­    destination. It shall state the place and date of taking
 ---pagebreak---       I
 No L 288 /24                        Official Journal of the European Communities                             21 . 10 . 83
over and give a description of the goods taken over in         — every tenderer whose tender was not successful or
the form given in Annex II and any comments by the                 was not accepted,
recipient.                                                     — the successful tenderer in respect of quantities not
                                                                   delivered on account of force majeure,
2. Where the taking-over certificate is not issued for         — the successful tenderer in respect of the quantities
reasons other than a dispute about the goods, proof of             delivered in accordance with this Regulation and
delivery may be provided by means of a certificate of              on presentation of the original of the taking-over
the form given in Annex II endorsed by the Commu­                  certificate or a certified true copy thereof or,
nity representative in the country of destination.                 where appropriate, the certificate referred to in
                                                                   Article 6 (2).
                                                               2. The security referred to in Article 7 (4) shall be
                         Article 7
                                                               released immediately when the successful tenderer
                                                               furnishes the proof in accordance with Article 6 that at
1 . Payment to the /successful tenderer shall be made          least 80 % of the quantity provided for has been
by the intervention agency of the Member State in              delivered in conformity with the conditions laid down
which the customs export formalities are completed.            in this Regulation.
2. The amount to be paid shall be that of the tender                                    Article 9
plus, where appropriate, the costs referred to in
Article 9. It shall be paid in the currency of the
                                                               If the successful tenderer, for reasons of force majeure,
Member State which is responsible for payment. For
                                                               has to bear exceptional costs in respect of the delivery
this purpose this amount shall be converted by using :
                                                               made under this Regulation which cannot be covered
— where the currencies in question are maintained              by insurance, he may receive compensation therefor
    within a maximum spread at any one time of                 on production of supporting documents and with the
    2,25 % , the conversion rate resulting from their          prior agreement of the Commission.
    central rate,
— in other cases, the relationship between the two                                     Article 10
    currencies concerned established by using the
    latest statement of their spot exchange rates made         Except in case of force majeure the successful tenderer
    immediately prior to the closing date for the              shall bear all the financial consequences of the non­
    submission of tenders as published in the 'C' series       delivery of the goods under the conditions laid down
    of the Official Journal of the European Commu­             in this Regulation if the recipient had made delivery
    nities.
                                                               possible under such conditions.
3 . The amount referred to in paragraph 2 shall be             The costs resulting from the non-delivery of the goods
paid to the successful tenderer on presentation of the         following a case of force majeure shall be borne by the
original of the taking-over certificate or a certified         intervention agency responsible for payment.
copy thereof, or, if this is not available, of the certifi­
cate referred to in Article 6 (2).
                                                                                       Article 11
4. The intervention agency is hereby authorized to
make without delay an initial payment of 80 % of the           Articles 21 and 22 ( 1 ) and (2) of Regulation (EEC) No
                                                               1974/80 shall apply in the context of this Regulation.
value of the quantity given in the bill of lading, on
presentation of a copy of that document, of the attesta­
                                                               The intervention agency responsible for payment shall,
tion referred to in Article 5 ( 1 ) and of the fumigation
                                                               on receipt, send the information referred to in Article
certificate, and subject to the provision of a security for
                                                               4 (3) to the Commission.
an amount equal to the initial payment.
                                                               The intervention agency in the country of shipment
The said security shall be provided as laid down in            shall send the Commission, without delay, the results
Article 5 (2) of Regulation (EEC) No 1974/80 .                 of the inspection referred to in Article 5.
                                                                                       Article 12
                         Article 8
                                                               This Regulation shall enter into force on the day
1 . The security referred to in Article 2 shall be             following its publication in the Official Journal of the
immediately released to :                                      European Communities.
 ---pagebreak--- 21 . 10 . 83                    Official Journal of the European Communities                      No L 288/25
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 20 October 1983 .
                                                                    For the Commission
                                                                      Poul DALSAGER
                                                                Member of the Commission
 ---pagebreak--- No L 288/26                           Official Journal of the European Communities                              21 . 10 . 83
                                                           ANNEX I
             1 . Programme : 1982
             2. Recipient : Kingdom of Lesotho
             3 . Place or country of destination : Maseru
             4. Product to be mobilized : milled long grain rice
             5 . Total quantity : 862 tonnes (2 500 tonnes of cereals)
             6 . Number of lots : one
             7. Intervention agency responsible for conducting the procedure :
                  Ente nazionale risi, piazza Pio XI, 1 , I-Milano (telex 334 032)
             8 . Method of mobilizing the product : the Community market
             9. Characteristics of the goods :
                 — rice of fair and sound merchantable quality, free from abnormal smell and pests
                 — moisture : 1 5 %
                 — broken rice : 5 % maximum
                 —   chalky grains : 5 % maximum
                 —   grains striated with red : 3 % maximum
                 —   spotted grains : 1 ,5 % maximum
                 —   stained grains : 1 % maximum
                 —   yellow grains : 0,050 % maximum
                 —   amber grains : 0,20 % maximum
          10. Packaging :
                 — in new bags : composite sacks jute/polypropylene of a minimum weight of 375 g
                 — net weight of the bags : 68 kg
                 — marking on the bags (in letters at least 5 cm high) :
                     'RICE — GIFT OF THE EUROPEAN ECONOMIC COMMUNITY TO LESOTHO'
          1 1 . Port of shipment : a Community port
          12. Delivery stage :
                 delivered destination — Maseru, via Durban, Lesotho Flour Mills, Private Bag A 62, Maseru 100,
                 Lesotho (tel . 2 34 98 , telex 329 BB)
          13. Procedure to be applied in order to determine supply costs : tendering
          14. Deadline for the submission of tenders : 12 noon on 31 October 1983
          15. Shipment period : 15 November to 15 December 1983
          16 . Security : 12 ECU per tonne
          Notes :
          1 . Since the goods may be rebagged, the successful tenderer must provide 2 % of empty bags of the
                same quality as those containing the goods, with the marking followed by a capital 'R\
          2. The successful tenderer shall send a copy of the shipping documents to the following address :
                Commission Delegation in Lesotho, c/o 'Diplomatic Bag', Berlaymont 1 / 123, rue de la Loi, 200,
                B-1049 Brussels .
 ---pagebreak--- 21 . 10 . 83                         Official Journal of the European Communities                             No L 288/27
                                                        ANNEX II
                                              TAKING-OVER CERTIFICATE
             Recipient
             I the undersigned .
                                                                                (Name, forename, business name)
             acting on behalf of
             certify that delivery has been taken of the goods listed below :
             — Cereals or products ...
             — Net tonnage accepted
             — Packaging
                 in bulk
                 in bags
             — Number of bags                                                          . at            . kg net
                 marking
                 number of marked empty bags
             — Place of taking over
             — Date of taking over
             This quality of the goods delivered is in accordance with that fixed in the invitation to tender.