CELEX: 31994R0851
Language: en
Date: 1994-04-16 00:00:00
Title: Commission Regulation (EC) No 851/94 of 15 April 1994 on the supply of common wheat to the People's Republic of Bangladesh as food aid

16. 4. 94                                 Official Journal of the European Communities                             No L 98/ 17
                                           COMMISSION REGULATION (EC) No 851/94
                                                           of 15 April 1994
                    on the supply of common wheat to the People's Republic of Bangladesh as food
                                                                  aid
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          submission of tenders ; whereas, in order to avoid republi­
                                                                      cation of the notice of invitation to tender, a third dead­
  Having regard to the Treaty establishing the European               line for submission of tenders should be opened,
  Community,
 Having regard to Council Regulation (EEC) No 3972/86                 HAS ADOPTED THIS REGULATION :
 of 22 December 1986 on food-aid policy and food-aid
 management ('), as last amended by Regulation (EEC) No
  1930/90 (2), and in particular Article 6 (1 ) (c) thereof,                                   Article 1
                                                                      A tendering procedure is hereby initiated for the award of
 Whereas Council Regulation (EEC) No 1420/87 of 21                    a contract for the supply of common wheat to Bangladesh
 May 1987 laying down implementing rules for Regulation               in accordance with the provisions of Regulation (EEC) No
 (EEC) No 3972/86 on food-aid policy and food-aid man­                2200/87 and with the conditions laid down in Annex I
 agement (3) lays down the list of countries and organiz­             hereto.
 ations eligible for food-aid operations and specifies the
 general criteria on the transport of food aid beyond the             The offer submitted shall be deemed to have been drawn
 fob stage ;                                                          up taking account of the charges and constraints resulting
                                                                      from specific clauses set out in the exchange of letters
 Whereas, by its Decision of 22 October 1992 on the                   between the Commission and the recipient, published in
 supply of food aid to Bangladesh, the Commission allo­               part in Annex II. In particular, the laydays should be
 cated to this country 70 000 tonnes of cereals to be                 assessed on the basis of an average daily discharge rate of
 supplied free at port of landing — undischarged ;                    2 400 tonnes in such a way that dispatch to be paid to the
                                                                      recipient by the EC will be for the account of the
 Whereas it is necessary to provide for the carrying-out of           successful tenderer.
 this measure in accordance with the rules laid down by
                                                                      The successful tenderer is deemed to have noted and
 Commission Regulation (EEC) No 2200/87 of 8 July
 1987 laying down general rules for the mobilization in               accepted all the general and specific conditions appli­
 the Community of products to be supplied as Community                cable. Any other condition or reservation included in his
                                                                      tender is deemed unwritten.
 food aid (4), as amended by Regulation (EEC) No
 790/91 Q ; whereas it is necessary to specify the time
 limits and conditions of supply and the procedure to be                                       Article 2
 followed to determine the resultant costs ;
                                                                      This Regulation shall enter into force on the day
 Whereas, notably for logistical reasons, certain supplies            following its publication in the Official Journal of the
 are not awarded within the first and second deadlines for            European Communities.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 15 April 1994.
                                                                               For the Commission
                                                                                 Rene STEICHEN
                                                                           Member of the Commission
0   OJ  No  L  370, 30. 12. 1986, p. 1 .
(2) OJ  No  L  174, 7. 7. 1990, p. 6.
(3) OJ  No  L  136, 26. 5. 1987, p. 1 .
0   OJ  No  L  204, 25. 7. 1987, p. 1 .
0   OJ  No  L  81 , 28. 3. 1991 , p. 108 .
 ---pagebreak--- No L 98/ 18                               Official Journal of the European Communities                                     16. 4. 94
                                                                ANNEX I
                                                              LOTS A and B
              1 . Operation Nos ('): 1686/92 (lot A), 1687/92 (lot B)
              2. Programme : 1992
              3 . Recipient (2) : Bangladesh
              4. Representative of the recipient : The Secretary, Ministry of Food, Bangladesh Secretariat, Dhaka,
                  Bangladesh
              5. Place or country of destination (5) : Bangladesh
              6. Product to be mobilized : common wheat
              7. Characteristics and quality of the goods (3) : see OJ No C 1 14, 29. 4. 1991 , p. 1 (under IIA ( 1 ) (a))
              8 . Total quantity : 70 000 tonnes
              9. Number of lots : two (lot A : 35 000 tonnes ; lot B : 35 000 tonnes)
            10. Packaging and marking : in bulk
            1 1 . Method of mobilization : the Community market
            1 2. Stage of supply : free at port of landing — undischarged
            13. Port of shipment : —
            14. Port of landing specified by the recipient : —
            1 5. Port of landing : Chittagong
            16. Address of the warehouse and, if appropriate, port of landing : —
            17. Period for making the goods available at the port of shipment where the supply is awarded at
                  the port of shipment stage : 16 — 29. 5. 1 994
            18 . Deadline for the supply : 30. 6. 1994
            19. Procedure for determining the costs of supply : tendering
            20. Date of expiry of the period allowed for submission of tenders : 12 noon on 3. 5. 1994 (Brussels
                  time)
            21 . A. In the case of a second invitation to tender :
                     (a) deadline for the submission of tenders : 12 noon on 17. 5. 1994 (Brussels time)
                     (b) period for making the goods available at the port of shipment where the supply is awarded at the
                         port of shipment stage : 30. 5 — 12. 6. 1994
                     (c) deadline for the supply : 1 4. 7. 1 994
                  B. In the case of a third invitation to tender :
                     (a) deadline for the submission of tenders : 12 noon on 31 . 5. 1994 (Brussels time)
                     (b) period for making the goods available at the port of shipment where the supply is awarded at the
                         port of shipment stage : 13 — 26. 6. 1994
                     (c) deadline for the supply : 28. 7. 1994
            22. Amount of the tendering security : ECU 5 per tonne
            23. Amount of the delivery security : 10 % of the amount of the tender in ecus
            24. Address for submission of tenders and tendering securities (') :
                  Bureau de l'aide alimentaire, a 1 attention de Monsieur Vestergaard, bâtiment Loi 1 20, bureau 7/46,
                  200 rue de la Loi, B- 1 049 Bruxelles (telex AGREC 22037 B / AGREC 25670 B ; telefax (32 2) 296 20 05
                  / 295 01 32 / 296 10 97 / 295 01 30 / 296 33 04)
            25. Refund payable on request by the successful tenderer (4) : refund applicable on 30. 4. 1994, fixed by
                  Regulation (EC) No 680/94 (OJ No L 83, 26. 3. 1994, p. 43)
 ---pagebreak--- 16. 4. 94                              Official Journal of the European Communities                                          No L 98/ 19
           Notes :
          (') The operation should be mentioned in all correspondence.
          (2) The successful tenderer shall contact the recipient as soon as possible to establish which consignment
              documents are required.
          (3) The successful tenderer shall deliver to the beneficiary a certificate from an official entity certifying that
              for the product to be delivered the standards applicable, relative to nuclear radiation, in the Member State
              concerned, have not been exceeded. The radioactivity certificate must indicate the caesium- 134 and - 137
              and iodine-131 levels.
          (4) Commission Regulation (EEC) No 2330/87 (OJ No L 210, 1 . 8 . 1987, p. 56), as last amended by Regula­
              tion (EEC) No 2226/89 (OJ No L 214, 25. 7. 1989, p. 10), is applicable as regards the export refund. The
              date referred to in Article 2 of the said Regulation is that referred to in point 25 of this Annex.
              The amount of the refund, shall be converted into national currency by applying the agricultural conver­
              sion rate applicable on the day of completion of the customs export formalities. The provisions of Articles
              13 to 17 of Commission Regulation (EEC) No 1068/93 (OJ No L 108, 1 . 5. 1993, p. 106) shall not apply
              to this amount.
          O Commission delegation to be contacted by the successful tenderer : see OJ No C 1 14, 29. 4. 1991 , p. 33.
 ---pagebreak--- No L 98/20                                  Official Journal of the European Communities                                     16. 4. 94
                                                                 ANNEX II
                                          ALLOCATION OF FOOD AID TO BANGLADESH
           1 . Discharging conditions
                The recipient shall unload the 70 000 tonnes of wheat as per the following conditions.
           2. Type of vessels to be fixed
                It is envisaged that two vessels (self-trimming bulk carriers) will be fixed, each carrying 35 000 tonnes of
                wheat. The vessels must have at least four hatches. Vessels to be geared and each crane/derrick to serve
                one or two hatches. The vessels must be capable of entering the Chittagong outer anchorage and, after
                necessary lighterage, be able to shift and berth, at recipient's option, at Chittagong jetties.
                Charterers/shipowners must ensure that all certificated officers carry with them on board the original
                valid certificate of competency and that all vessels are manned strictly according to the STCW Conven­
                tion 1978, failing which any delay to the vessel will be on owner's account.
           3. Discharging facilities
               Vessels will furnish at the discharge port, free of expenses to the recipient, winches and/or cranes and the
                power to drive them, gins and falls in good working condition and will also supply sufficient lights for
                night work, as on board, on deck and in the holds, if required. Vessels will provide winchmen at load and
                discharge ports at their own expense.
           4. Vessels' ETA information
               Master to wireless/cable nominees of the recipient, namely Movements Chittagong — telex 642237 CMS
                C BJ — (simultaneously informing Bengalship Chittagong — telex 66277 BSC BJ — and Movestore
                Dhaka — telex 642230 CMS BJ) for orders regarding discharge 10 days prior to their arrival at the
               discharge port, i.e. Chittagong, and state ETA and draft. Orders for discharging will be transmitted to the
               vessel within five days of the receipt of master's request.
               Master to give following notice to the recipient's nominees, i.e. Movements Chittagong, Bengalship Chit­
                tagong and Movestore Dhaka :
               (a) upon sailing from load port vessels must state :
                      (i) quantity loaded ;
                     (ii) arrival draft ;
                    (iii) TPI (tonnes per inch).
               (b) 10 days ETA Chittagong port,
                    five days ETA Chittagong port,
                    72 hours, 48 hours and 24 hours ETA Chittagong port.
          5. Places of discharging
               It is envisaged that, at recipient's option, up to a maximum of 40 % of the Bill of Lading quantity may be
               discharged by lighter vessel at Chittagong outer anchorage. All lighterage at Chittagong outer anchorage
               will be carried out by the recipients at their own cost and time (including freight or lighter vessels from
               Chittagong outer anchorage to Mongla).
          6. Discharging rate and discharging port time counting
               The cargo is to be discharged by the recipient free of risk and expense to the vessel at the rate of 2 400
               tonnes at Chittagong per weather working day of 24 consecutive hours. Time from 1 2 noon on Thursday
               or 5 p.m. on a day preceding a holiday until 9 a.m. on Saturday or next working day not to count as
               laytime even if used. The rate of discharge is based on the abovementioned minimum number or more
               workable hatches. If, however, the number of workable hatches is less than the specified minimum
               number of hatches, discharging rate will be reduced proportionately.
               Notice of readiness is to be tendered and accepted after vessel arrives at the Chittagong outer anchorage
               and laytime to commence 24 hours after NOR tendered during office hours, whether the vessel is in
              berth or not. At discharge port, cost of shifting from anchorage to anchorage, anchorage to berth and
              berth to berth on owner's/charterer's account and time used for such shifting not to count as laytime.
 ---pagebreak--- 16. 4. 94                             Official Journal of the European Communities                                        No L 98/21
             Although stevedores appointed by recipients, all discharging operations to be carried out under masters
              direction/approval. All necessary trimming will be at owner's time and expense.
              At Chittagong anchorage, if a lighter vessel is required to cast off from the mother ship, due to heavy
             swell and/or bad wheather, all time lost will not count as laytime. The time will stop counting from the
             time the lighter vessel casts off and will start counting again from the time the lighter ship is re-tied
              alongside the mother ship.
          7. Lighterage at discharge port
             All necessary lighterage at Chittagong outer anchorage will be carried out by the recipients at their own
             cost and time. For vessels unable to enter the Chittagong outer anchorage, due to excessive draft, light­
             erage may be carried out at Kutubdia anchorage by the charterer's/owners at their expense and such light­
             erage to be treated as transhipment and lighters engaged to be discharged on identical terms as the
             mother vessel, and time used for lighterage at Kutubdia not to count as laytime. Collision damage, if any,
             during lighterage to be settled directly between the owners of the mother and the lighter vessels (notwith­
             standing whether engaged by both owners/charterer's for Kutubdia lighterage, or by the recipients for
             outer anchorage lighterage). In case of unsafe anchorage at Chittagong anchorage, any lighterage at
             Kutubdia is not for charterer's/owner's account.
             Master of the vessel(s) at all times to extend full cooperation to the recipients and/or their nominees/
             agents/stevedores/lighterage contractors in order to expedite discharge. Lighter vessels to supply suitable
             fenders to avoid damage.
          8. Demurrage/Despatch
             Should the vessels) not be discharged at the rate herein stipulated demurrage shall be paid by the reci­
             pient at the rate stipulated in the charter party subject to a maximum of US$ 8 000 per day or part
             thereof.
             For working time saved at the port of discharge, despatch money shall be paid to the recipient at the rate
             of 50 % of the rate of demurrage stipulated in the charter party, subject to a maximum of US$ 4 000 per
             day saved.
             Demurrage of despatch at the discharge port, if any, at the amounts specified above, shall be paid, as the
             case may be, by the recipient to the Commission or by the Commission to the recipient. Afterwards
             settlement of despatch/demurrage, if any, between supplier and the Commission will take place.
             Laytime to be non-reversible.
          9. Miscellaneous
             Overtime expenses, if any, on account of port and customs personnel, will be for the account of the party
             (owner/their agents or receiver/their agents) ordering the same, but if ordered by the Port Authorities, to
             be on the receiver's account on 50 : 50 basis. Overtime expenses for vessel's crew and officers always to be
             on the owner's account.
             At the port of discharge opening/closing of hatches on all occasions to be for owner's account and time
             not to count as laytime. First opening and last closing of hatches at port of discharge to be done by
             vessel's crew at all times.
             Whatever the respective destination of the goods found damaged, they must be disposed of/destroyed as
             per port rules prior to sailing out of the vessels.
             Dock worker management board's levy is not for charterer's account.
             In case of lack of coordination or of facilities between the supplier and the recipient through no fault of
             either part, the Commission will take special and adequate measures for financing the operations.
             In the case where some extra costs requested by the supplier are to be pre-financed by the recipient, they
             may be directly paid by the Commission on the recipient's behalf to the said supplier.