CELEX: 31987R0999
Language: en
Date: 1987-04-08 00:00:00
Title: Commission Regulation (EEC) No 999/87 of 6 April 1987 on the supply of common wheat flour as food aid to the Republic of Bolivia

8 . 4. 87                                 Official Journal of the European Communities                                No L 94/5
                                      COMMISSION REGULATION (EEC) No 999/87
                                                          of 6 April 1987
                     on the supply of common wheat flour as food aid to the Republic of Bolivia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European
Economic Community,                                                                            Article 1
Having regard to Council Regulation (EEC) No 3972/86                 1 . The intervention agency mentioned in Annex I
of 22 December 1986 on food-aid policy and food-aid
                                                                    hereto is hereby required to implement the mobilization
management ('), and in particular Article 13 thereof,               and supply of the product stated in the said Annex as
                                                                    food aid, subject to the provisions of this Regulation.
Having regard to Council Regulation (EEC) No 2727/75
of 29 October 1975 on the common organization of the
market in cereals (2), as last amended by Regulation (EEC)          2.     Supply of the products shall be organized under the
No 1579/86 (3), and in particular Article 28 thereof,               tender procedure.
Whereas, by its Decision of 10 December 1986 on the                 3 . Annex I shall take the place of a notice of invitation
supply of food aid to Bolivia, the Commission allocated to          to tender. The intervention agency responsible shall make
the latter country 1 2 000 tonnes of cereals to be supplied         further publications as necessary.
free at destination ;
Whereas an invitation to tender should be issued for                                           Article 2
supply of the products delivered unloaded at destination
in view of the final use to be made of the goods deli­               1 . For the purposes of the invitation to tender, the
vered ;
                                                                     following provisions of Regulation (EEC) No 1974/80
                                                                     shall apply :
Whereas it is necessary to provide for the carrying-out of
this measure in accordance with the rules laid down by               —• Article 4, except the provisions of paragraphs 3 (e) and
Commission Regulation (EEC) No 1974/80 of 22 July                        4 (d) and (e), in respect of submission of tenders,
 1980 laying down general implementing rules in respect              — Article 5 in respect of provision , of security,
of certain food-aid operations involving cereals and
rice (4), as last amended by Regulation (EEC) No                     — Article 6 in respect of opening and reading tenders,
 3826/85 (*) ; whereas it is necessary to specify the time           — Article 8 in respect of comparing tenders.
 limits and conditions of supply and the procedure to be
 followed to determine the resultant costs ;
                                                                     2.    The tender shall indicate the amount of the tender
Whereas, however, the specific provisions concerning                 expressed per tonne of product, in the currency of the
                                                                     Member State where the tendering procedure is taking
 delivery to destination must be set out ; whereas the                place.
 successful tenderer must thus bear all risk in the goods up
 to unloading at the stipulated destination ; whereas
 payment can be made only when proof of delivery to the              The tender must include the cost of fumigation, un­
 destination is provided ;                                            loading and warehousing at the final destination stated in
                                                                      Annex I.
 Whereas it must be made clear who is to bear any costs
 which arise in the event that for reasons of force majeure           The tender shall state separately the amount of cost in
 the operation in question is not completed within the                respect of sea and land transport to the stipulated final
 period stipulated ;                                                  destination .
 Whereas the measures provided for in this Regulation are             The tender shall indicate the Member State in which the
  in accordance with the opinion of the Management                    tenderer, in the event of his being declared successful,
  Committee for Cereals,                                              undertakes to complete the customs export formalities.
  (') OJ No L 370, 30. 12. 1986, p. 1 .                               3.     The tenderer shall carry out his obligations pursuant
   2) OJ No L 281 , 1 . 11 . 1975, p. 1 .                             to this Regulation and the undertakings referred to in
  P) OJ No L 139, 24. 5. 1986, p. 29.                                 Article 4 (4) of Regulation (EEC) No 1974/80, with the
  b) OJ No L 192, 26. 7. 1980, p. 11 .
  0 OJ No L 371 , 31 . 12. 1985, p. 1 .                               exception of points (d) and (e) thereof.
 ---pagebreak---   No L 94/6                             Official Journal of the European Communities                                   8 . 4. 87
  4. The tenderer shall undertake to ship in vessels, listed      The successful tenderer shall provide that intervention
  in the larger classes in recognized classification registers,   agency with the certificate showing that the fumigation
  not more than 15 years old and attested by a competent          has been carried out.
  body as meeting hygiene requirements.
                                                                  2. Samples intended for analysis shall be taken and the
                                                                  inspection shall be carried out in accordance with the
                            Article 3                             trade practices in force in the country of shipment. The
                                                                  successful tenderer and the recipient's representative shall
                                                                  be invited to take part in the operation.
  1.     Without prejudice to paragraphs 2 and 3, the
  contract shall be awarded within 48 hours to the tenderer
  who has submitted the most favourable tender.
                                                                  Two sealed samples shall be kept by the intervention
                                                                  agency until issue by the recipient of the taking-over
                                                                  certificate or until issue of the certificate referred to in
  2. Where the most favourable tender is submitted by             Article 6 (2).
  more than one tenderer, the intervention agency shall
  award the contract to one of those tenderers by drawing         3 . If the inspection referred to in paragraph 1 gives rise
  lots.                                                           to a dispute, the intervention agency shall arrange for a
                                                                  second inspection by a service different from that
  3 . If the tenders do not appear to be in line with the         mentioned in paragraph 1 , the findings of which shall be
  prices normally prevailing on the market, the intervention      final. The costs relating thereto shall be borne by the
  agency may, with the agreement of the Commission,               losing party.
  decide not to award the contract.
                                                                  4. Where the inspection provided for in the preceding
  4. The intervention agency shall communicate the                paragraphs reveals that the goods do not satisfy the
  results of the tendering procedure to all the tenderers by      requirements stipulated, they must be refused and
  letter or telex sent not later than the first working day       replaced. Where some quantities are missing the
  following the award decision.                                   successful tenderer must make up the cargo.
                                                                                              Article 6
                            Article 4
                                                                   1 . A taking-over certificate shall be issued by the reci­
   1.    The successful tenderer shall contract as necessary,      pient immediately following unloading at the final desti­
  at his own expense, for carriage of the goods to the final       nation. It shall state the place and date of taking over and
  destination and shall bear all the costs involved, including    give a description of the goods taken over in the form
  those of unloading and warehousing at the destination.          given in Annex II and any comments by the recipient.
   He shall take out suitable insurance .
                                                                   2. Where the taking-over certificate is not issued for
  2.     The successful tenderer shall bear all the risks rela­    reasons other than a dispute about the goods, proof of
  ting to the goods, in particular of loss or deterioration to     delivery may be provided by means of a certificate of the
  which the goods are subject, until they have effectively         form given in Annex II endorsed by the Community
   been unloaded and delivered to the final destination .          representative in the country of destination.
   3.    The successful tenderer shall communicate as soon
                                                                                              Article 7
   as possible to the recipient's representative the date of
   loading, the means of transport used to consign the goods
   to the final destination, and the probable date of arrival.     1 . Payment to the successful tenderer shall be made by
   He shall immediately send this information to the inter­        the intervention agency of the Member State in which the
   vention agency responsible for payment, which shall             customs export formalities are completed.
   forward it without delay to the Commission.
                                                                   2. The amount to be paid shall be that of the tender
                                                                   plus, where appropriate, the costs referred to in
   The tenderer shall advise the recipient's representative, at    Article 9 . It shall be paid in the currency of the Member
   least three days in advance, of the probable date of arrival    State which is responsible for payment. For this purpose
   of the goods at the final destination.                          this amount shall be converted by using :
                                                                   — where the currencies in question are maintained
                             Article 5                                 within a maximum spread at any one time of 2,25 % ,
                                                                       the conversion rate resulting from their central rate,
    1 . The intervention agency of the country of shipment         — in other cases, the relationship between the two
   shall arrange for a check at the port, before loading, on            currencies concerned established by using the latest
    the quantity, quality and packaging of the goods.                   statement of their spot exchange rates made immedia­
    Following inspection an attestation shall be issued by the          tely prior to the closing date for the submission of
    intervention agency. The costs relating thereto shall be            tenders as published in the 'C' series of the Official
    borne by the successful tenderer.                                  Journal of the European Communities.
;
 ---pagebreak--- 8 . 4. 87                               Official Journal of the European Communities                              No L 94/7
3. The amount referred to in paragraph 2 shall be paid                                     Article 9
to the successful tenderer on presentation of the original
of the taking-over certificate or a certified copy thereof,       If the successful tenderer, for reasons of force majeure,
or, if this is not available, of the certificate referred to in   has to bear exceptional costs in respect of the delivery
Article 6 (2).                                                    made under this Regulation which cannot be covered by
                                                                  insurance, he may receive compensation therefor on
4. The intervention agency is hereby authorized to                production of supporting documents and with the prior
make without delay an initial payment of 80 % of the              agreement of the Commission.
value of the quantity given in the bill of lading, on
presentation of a copy of that document, of the attestation                                Article 10
referred to in Article 5 ( 1 ) and of the fumigation certifi­
cate, and subject to the provision of a security for an           Except in case of force majeure the successful tenderer
amount equal to the initial payment.                              shall bear all the financial consequences of the non-deli­
                                                                  very of the goods under the conditions laid down in this
The said security shall be provided as laid down in Article
5 (2) of Regulation (EEC) No 1974/80.
                                                                  Regulation if the recipient had made delivery possible
                                                                  under such conditions.
                           Article 8                              The costs resulting from the non-delivery of the goods
                                                                  following a case of force majeure shall be borne by the
1 . The security referred to in Article 2 shall be                intervention agency responsible for payment.
immediately released to :
— every tenderer whose tender was not successful or was                                    Article 11
     not accepted,
— the successful tenderer in respect of quantities not            Articles 21 and 22 ( 1 ) and (2) of Regulation (EEC) No
     delivered on account of force majeure,                       1974/80 shall apply in the context of this Regulation.
— the successful tenderer in respect of the quantities            The intervention agency responsible for payment shall, on
     delivered in accordance with this Regulation and on          receipt, send the information referred to in Article 4 (3) to
     presentation of the original of the taking-over certifi­     the Commission .
     cate or a certified true copy thereof or,
     where appropriate, the certificate referred to in            The intervention agency in the country of shipment shall
     Article 6 (2).                                               send the Commission, without delay, the results of the
                                                                  inspection referred to in Article 5.
2. The security referred to in Article 7 (4) shall be
released immediately when the successful tenderer furni­                                   Article 12
shes the proof in accordance with Article 6 that at least
80 % of the quantity provided for has been delivered in           This Regulation shall enter into force on the day
conformity with the conditions laid down in this Regula­          following its publication in the Official Journal of the
tion.                                                              European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 6 April 1987.
                                                                            For the Commission
                                                                             Frans ANDRIESSEN
                                                                                Vice-President
 ---pagebreak--- No L 94/8                               Official Journal of the European Communities                                     8 . 4. 87
                                                             ANNEX I
           1 . Programme : 1986 — Operation No 145/87 (')
           2. Recipient : Republic of Bolivia
           3. Place or country of destination : Bolivia
           4. Product to be mobilized : common wheat flour
           5. Total quantity : 8 759 tonnes (12 000 tonnes of cereals)
           6. Number of lots : three
                — lot 1 : 5 000 tonnes
                — lot 2 : 1 259 tonnes
                — lot 3 : 2 500 tonnes
           7. Intervention agency responsible for conducting the procedure :
                Bundesanstalt für landwirtschaftliche Marktordnung (BALM), Adickesallee 40, D-6000 Frankfurt/Main
                (telex : 411475)
           8 . Method of mobilizing the product : on the Community market
           9. Characteristic of the goods :
                flour of fair and sound merchantable quality, free from abnormal smell and pests, which produces dough
                which does not stick during the mechanical kneading process ; the flour shall have the following charac­
                teristics :
                — moisture : 14% maximum (ICC Method No 110)
                — protein content : 11,5 % minimum (N x 6,25 in terms of dry matter) (ICC Method No 105)
                — Hagberg falling number of at least 220 including the preparation (agitation) time of 60 seconds (ICC
                     Method No 107)
                — ash content : 0,62 % maximum referred to dry matter (ICC Method No 104)
                — Zeleny index of at least 20 (ICC Method No 118)
          10. Packaging :
                — new cotton sacks of 100 g minimum, lined with woven polypropylene sacks of 60 g minimum. The
                     top edge of the two sacks will be sewn together
                — net weight of the bags : 25 kg
                — marking on the bags in letters at least 5 cm high :
                     'HARINA DE TRIGO / DONACIÓN DE LA COMUNIDAD ECONÓMICA EUROPEA A
                     BOLIVIA / PARA DISTRIBUCIÓN GRATUITA / ACCIÓN 145/87'
          1 1 . Port of shipment : a Community port
          12. Delivery stage : delivered destination — via Antofagasta :
                 — lot 1 : La Paz : 5 000 tonnes, Sr. Ángel Castro Ganabria Cargo Jefe de Almacenes, Dirección
                             Avenida Montes n° 768 : Tel . : 36 40 51
                 — lot 2 : Patosí : 1 259 tonnes, Sr. Juan Vilacahua, Cargo Jefe Regional OFINAAL Potosí, Dirección
                             Calle San Alberto n° 100, Tel .: 23 240 and 27 355
                 — lot 3 : Oruro : 2 500 tonnes, Sr. Alberto Arrazola, Cargo Jefe Regional OFINAAL Oruro, Dirección
                             Calle Petot Esquina Adolfo Mier n° 1 525 ; Tel. : 55 805
          13. Procedure to be applied in order to determine supply costs : tendering
          14. Deadline for the submission of tenders : 12 noon on 21 April 1987
           15. Shipment period : 15 May to 15 June 1987
          16. Security : 15 ECU per tonne.
          (') The operation number is to be quoted in all correspondance.
 ---pagebreak--- 8 . 4. 87                             Official Journal of the European Communities                                        No L 94/9
          Notes :
          1 . As soon as the successful tenderer has been informed of the award of the contract, he shall contact the
              beneficiary or his representative without delay, in order to determine the necessary consignment docu­
              ments, as well as the details of period, rate, place and other circumstances concerning shipment.
          2. 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'.
          3. The successful tenderer shall send a copy of the shipping documents to the following address :
              'M. Boselli, Délegation de la CCE, Valle Arriba, Calle Colibrì, Carretera de Baruta, Caracas, Venezuela
              (Tel. : 92 50 56 — Telex : 27298 COMEU VC)'.
          4. At the request of the beneficiary the successful tenderer may deliver 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.
          5. Representative of the recipient :
              Sr. J. Valdivia Cadiz, cargo superintendente AADAA Antofagasta, Dirección Calle Pratt n° 412, Cuarto
              Piso, Antofagasta, Chile (Tel. : 22 32 61 — Telex : 325008).
                                                           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
           The quality of the goods delivered is in accordance with that fixed.