CELEX: 31985R3105
Language: en
Date: 1985-11-06 00:00:00
Title: Commission Regulation (EEC) No 3105/85 of 6 November 1985 on the supply of various consignments of cereals and rice to the league of Red Cross societies (LRCs) as food aid

8 . 11 . 85                                Official Journal of the European Communities                            No L 296/ 19
                                       COMMISSION REGULATION (EEC) No 3105/85
                                                        of 6 November 1985
                   on the supply of various consignments of cereals and rice to the League of Red
                                                Cross Societies (LRCS) as food aid
THE COMMISSION OF THE EUROPEAN                                       Whereas, however, the specific provisions concerning
COMMUNITIES,                                                         delivery to destination must be set out ; whereas the
                                                                     successful tenderer must thus bear all risk in the goods up
                                                                     to unloading at the stipulated destination ; whereas
Having regard to the Treaty establishing the European                payment can be made only when proof of delivery to the
Economic Community,                                                  destination is provided ;
Having regard to Council Regulation (EEC) No 3331 /82                Whereas it must be made clear who is to bear any costs
of 3 December 1982 on food-aid policy and food-aid                   which arise in the event that for reasons of force majeure
management and amending Regulation (EEC) No                          the operation in question is not completed within the
2750/75 ('), and in particular the first subparagraph of             period stipulated ;
Article 3 ( 1 ) thereof,
                                                                     Whereas the measures provided for in this Regulation are
                                                                     in accordance with the opinion of the Management
Having regard to Council Regulation (EEC) No 2727/75                 Committee for Cereals,
of 29 October 1975 on the common organization of the
market in cereals (2), as last amended by Regulation (EEC)
No 1018/84 (3), and in particular Article 28 thereof,
                                                                     HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No 1418/76
of 21 June 1976 on the common organization of the
market in rice (4), as last amended by Regulation (EEC)                                       Article 1
No 1025/84 (*), and in particular Article 25 thereof,
                                                                     1 . The intervention agencies mentioned in the
                                                                     Annexes hereto are hereby required to implement the
Whereas, by its decision of 6 May 1985 on the supply of              mobilization and supply of the products stated in the said
food aid to the LRCS, the Commission allocated to the                Annexes as food aid, subject to the provisions of this
latter organization 2 200 tonnes of cereals to be supplied           Regulation.
free at destination ;
                                                                     2. Supply of the products shall be organized under the
Whereas pursuant to Article 3 (3) of Council Regulation              tender procedure.
(EEC) No 2750/75 the goods may be purchased anywhere
on the Community market ;                                            3 . The Annexes shall take the place of a notice of invi­
                                                                     tation to tender. The intervention agency responsible shall
                                                                     make further publications as necessary.
Whereas an invitation to tender should be issued for
supply of the products delivered unloaded at destination
in view of the final use to be made of the goods deli- '                                      Article 2
vered ;
                                                                      1 . For the purposes of the invitation to tender, the
Whereas it is necessary to provide for the carrying out of           following provisions of Regulation (EEC) No 1974/80
this measure in accordance with the rules laid down by               shall apply :
Commission Regulation (EEC) No 1974/80 of 22 July                    — Article 4, except the provisions of paragraph 3 (e) and
1980 laying down general implementing rules in respect                    paragraph 4 (d) and (e), in respect of submission of
of certain food-aid operations involving cereals and                      tenders,
rice (*), as last amended by Regulation (EEC) No
3323/8 1 Q ; whereas it is necessary to specify the time             — Article 5 in respect of provision of security,
limits and conditions of supply and the procedure to be
followed to determine the resultant costs :                          — Article 6 in respect of opening and reading tenders,
                                                                     — if any, Article 8 in respect of comparing tenders.
(') OJ   No L  352,  14. 12. 1982, p. 1 .
(2) OJ   No L  281 , 1 . 11 . 1975, p. 1 .                            2.    The tender shall indicate the amount of the tender
(3) OJ   No L  107,  19 . 4. 1984, p. 1 .                             expressed per tonne of product, in the currency of the
(<) OJ   No L  166,  25. 6. 1976, p. 1 .                              Member State where the tendering procedure is taking
Is) OJ No L 107, 19. 4. 1984, p. 13.
(6) OJ No L 192, 26. 7. 1980, p. 11 .                                 place. The tender must include the cost of fumigation,
o OJ No L 334, 21 . 11 . 1981 , p. 27.                                unloading and warehousing at the final destination.
 ---pagebreak--- No L 296/20                            Official Journal of the European Communities                                  8 . 11 . 85
The tender shall state separately the amount of cost in          The tenderer shall advise the recipients representative, at
respect of sea and land transport to the stipulated final        least three days in advance, of the probable date of arrival
destination .                                                    of the goods at the final destination .
The tender shall indicate the Member State in which the
                                                                                             Article 5
tenderer, in the event of his being declared successful,
undertakes to complete the customs export formalities.
                                                                 1 . The intervention agency of the country of shipment
3. The tenderer shall carry out his obligations pursuant         shall arrange for a check at the port before loading on the
to this Regulation and the undertakings referred to in           quantity, quality and packaging of the goods. Following
Article 4 (4) of Regulation (EEC) No 1974/80, with the           inspection an attestation shall be issued by the interven­
exception of subparagraphs (d) and (e) thereof.                  tion agency. The costs relating thereto shall be borne by
                                                                 the successful tenderer.
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 a certificate from the organization which
not more than 15 years old, and attested by a competent          undertook fumigation, showing that that operation has
body as meeting hygiene requirements.                            been carried out.
                                                                 2. Samples intended for analysis shall be taken and the
                         Article 3                               inspection shall be carried out in accordance with the
                                                                 trade practices in force in the country of shipment. The
1.    Without prejudice to paragraphs 2 and 3, the               successful tenderer and the recipient's representative shall
contract shall be awarded within 48 hours to the tenderer        be invited to take part in the operation.
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
2. Where the most favourable tender is submitted by              certificate or until issue of the certificate referred to in
more than one tenderer, the intervention agency shall            Article 6 (2).
award the contract to one of those tenderers by drawing
lots.
                                                                 3 . If the inspection referred to in paragraph 1 gives rise
                                                                 to a dispute, the intervention agency shall arrange for a
3 . If the tenders do not appear to be in line with the          second inspection by a service different from that
prices normally prevailing on the market, the intervention       mentioned in paragraph 1 , the findings of which shall be
agency may, with the agreement of the Commission,                final. The costs relating thereto shall be borne by the
decide not to award the contract.                                losing party.
4. The intervention agency shall communicate the                 4. Where the inspection provided for in the preceding
results of the tendering procedure to all the tenderers by       paragraphs reveals that the goods do not satisfy the
letter or telex sent not later than the first working day        requirements stipulated, they must be refused and
following the award decision.                                    replaced. Where some quantities are missing, the
                                                                 successful tenderer must make up the cargo.
                         Article 4
                                                                                             Article 6
1.    The successful tenderer shall contract as necessary,       1 . A taking-over certificate shall be issued by the reci­
at his own expense, for carriage of the goods to the final       pient immediately following unloading at the final desti­
destination and shall bear all the costs involved, including     nation . It shall state the place and date of taking over and
those of unloading and warehousing at the destination.           give a description of the goods taken over in the form
He shall take out suitable insurance .
                                                                 given in Annex II and any comments by the recipient.
2.    The successful tenderer shall bear all the risks rela­     2. Where the taking-over certificate is not issued for
ting to the goods, in particular of loss or deterioration to     reasons other than a dispute about the goods, proof of
which the goods are subject, until they have effectively         delivery may be provided by means of a certificate of the
been unloaded and delivered to the final destination .           form given in Annex II, endorsed by the Community
                                                                 representative in the country of destination.
3.    The successful tenderer shall communicate as soon
as possible to the recipient's representative the date of
loading, the means of transport used to consign the goods                                    Article 7
to the final destination, and the probable date of arrival.
He shall immediately send this information to the inter­         1 . Payment to the successful tenderer shall be made by
vention agency responsible for payment, which shall              the intervention agency of the Member State in which the
forward it without delay to the Commission .                     customs export formalities are completed.
 ---pagebreak--- 8 . 11 . 85                            Official Journal of the European Communities                             No L 296/21
2. The amount to be paid shall be that of the tender                 where appropriate, the certificate referred to in
plus, where appropriate, the costs referred to in                    Article 6 (2).
Article 9. It shall be paid in the currency of the Member
State which is responsible for payment. For this purpose         2.     The security referred to in Article 7 (4) shall be
this amount shall be converted by using :                        released immediately when the successful tenderer furni­
                                                                 shes the proof in accordance with Article 6 that at least
— where the currencies in question are maintained                80 % of the quantity provided for has been delivered in
     within a maximum spread at any one time of 2,25 % ,         conformity with the conditions laid down in this Regula­
     the conversion rate resulting from their central rate,      tion .
— in other cases, the relationship between the two
     currencies concerned established by using the latest                                  Article 9
     statement of their spot exchange rates made immedia­
     tely prior to the closing date for the submission of
                                                                 If the successful tenderer, for reasons of force majeure, has
     tenders as published in the 'C' series of the Official
                                                                 to bear exceptional costs in respect of the delivery made
    Journal of the European Communities.                         under this Regulation which cannot be covered by
                                                                 insurance, he may receive compensation therefor on
3. The amount referred to in paragraph 2 shall be paid           production of supporting documents and with the prior
to the successful tenderer on presentation of the original       agreement of the Commission.
of the taking-over certificate or a certified copy thereof or,
if this is not available, of the certificate referred to in                               Article 10
Article 6 (2).                                                   Except in case of force majeure, the - successful tenderer
                                                                 shall bear all the financial consequences of the non­
4. The intervention agency is hereby authorized to               delivery of the goods under the conditions laid down in
make without delay an initial payment of 80 % of the             this Regulation if the recipient had made delivery
value of the quantity given in the bill of lading, on            possible under such conditions.
presentation of a copy of that document, of the attestation
referred to in Article 5 (1 ) and of the fumigation certifi­     The costs resulting from the non-delivery of the goods
cate, and subject to the provision of a security for an          following a case of force majeure shall be borne by the
amount equal to the initial payment.                             intervention agency responsible for payment.
The said security shall be provided as laid down in Article                               Article 11
5 (2) of Regulation (EEC) No 1974/80.
                                                                 Articles 21 and 22 (1 ) and (2) of Regulation (EEC) No
                                                                 1974/80 shall apply in the context of this Regulation.
                          Article 8
                                                                 The intervention agency responsible for payment shall, on
1 . The security referred to in Article 2 shall be imme­         receipt, send the information referred to in Article 4 (3) to
diately released to :                                            the Commission .
— every tenderer whose tender was not successful or was          The intervention agency in the country of shipment shall
     not accepted,                                               send the Commission, without delay, the results of the
                                                                 inspection referred to in Article 5.
— the successful tenderer in respect of quantities not
     delivered on account of force majeure,
                                                                                          Article 12
— the successful tenderer in respect of the quantities
     delivered in accordance with this Regulation and on         This Regulation shall enter into force on the day
     presentation of the original of the taking-over cert­       following its publication in the Official Journal of the
     ificate or a certified true copy thereof or,                European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 6 November 1985.
                                                                           For the Commission
                                                                            Frans ANDRIESSEN
                                                                               Vice-President
 ---pagebreak--- No L 296/22                            Official Journal of the European Communities                               8 . 11 . 85
                                                           ANNEX la
               1 . Programme : 1985
               2. Recipient : Ligue des Sociétés de la Croix-Rouge et du Croissant Rouge, BP 372, CH-1211
                    Genève 19 , telex 22555 LRCS CH
               3 . Place or country of destination : Republic of Chad
              4. Product to be mobilized : milled long grain rice (non-parboiled)
               5. Total quantity : 690 tonnes (2 000 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 334032)
              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 :
                       — jute sacks of a minimum weight of 600 g
                       — net weight of the bags : 50 kilograms
                   — marking on the bags :
                       a red cross 15 x 15 cm followed by, in letters at least 5 cm high :
                       'RIZ / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE / ACTION DE LA
                       LIGUE DES SOCIÉTÉS DE LA CROIX-ROUGE ET DU CROISSANT ROUGE / POUR
                       DISTRIBUTION GRATUITE / N'DJAMENA'
            11 . Port of shipment : a Community port
            12. Delivery stage : delivered destination : Délégation de la Ligue des Sociétés de la Croix-Rouge et
                   du Croissant Rouge, rue Charles de Gaulle, N'DJAMENA, BP 1137
            13. Procedure to be applied in order to determine supply costs : tendering
            14. Deadline for the submission of tenders : 12 noon on 18 November 1985
            15. Shipment period : 1 to 31 December 1985
            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 Chad, c/o 'Diplomatic Bag', Berlaymont 1 / 123, 200, rue de la Loi,
                  B-1049 Brussels .
 ---pagebreak--- 8 . 11 . 85                           Official Journal of the European Communities                                 No L 296/23
                                                           ANNEX lb
              1 . Programme : 1985
              2. Recipient : Ligue des Sociétés de la Croix-Rouge et du Croissant Rouge, BP 372, CH-1211
                  Genève 19, telex 22555 LRCS CH
              3. Place or country of destination : Rwanda
              4. Product to be mobilized : milled long grain rice (non-parboiled)
              5. Total quantity : 45 tonnes (131 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 334032)
              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 :
                      — jute sacks of a minimum weight of 600 g
                      — net weight of the bags : 50 kilograms
                  — marking on the bags :
                      a red cross 15 x 15 cm followed by, in letters at least 5 cm high :
                      'RIZ / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE / ACTION DE LA
                      LIGUE DES SOCIÉTÉS DE LA CROIX-ROUGE ET DU CROISSANT ROUGE / POUR
                      DISTRIBUTION GRATUITE / NYAMIRAMBO'
            11 . Port of shipment : a Community port
            12. Delivery stage : delivered destination — stores of the Rwanda Red Cross in Nyamirambo
            13. Procedure to be applied in order to determine supply costs : tendering
            14 . Deadline for the submission of tenders : 12 noon on 18 November 1985
            15. Shipment period : 1 to 31 December 1985
            16 . Security : 12 ECU per tonne
            Notes :
            1 . The successful tenderer shall forward, through the intermediary of the intervention agency, to the
                 recipient on the latter's request and in accordance with his instructions the documents necessary
                 for importation of the goods into the country of destination.
            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 :
                 Commission Delegation in Rwanda, c/o 'Diplomatic Bag', Berlaymont 1 /123, 200, rue de la Loi,
                 B-1049 Brussels .
 ---pagebreak--- No L 296/24                           Official Journal of the European Communities                                 8 . 11 . 85
                                                           ANNEX Ic
              1 . Programme : 1985
              2. Recipient : Ligue des Sociétés de la Croix-Rouge et du Croissant Rouge, BP 372, CH-1211
                  Genève, 19 (telex 22555 LRCS CH)
              3. Place or country of destination : Rwanda
              4. Product to be mobilized : rolled oats
              5. Total quantity : 40 tonnes (69 tonnes of cereals)
              6 . Number of lots : one
              7. Intervention agency responsible for conducting the procedure :
                  VIB, Burgemeester Kessenplein 3, NL-6431 KM Hoensbroek (telex 56396)
              8 . Method of mobilizing the product : the Community market
              9 . Characteristics of the goods :
                  Production of quick-cooking oat flakes :
                  Raw oats : First quality high-density oats
                  Cleaning and preparation : Oats to be cleaned of extraneous matter, debittered and stabilized by
                  treatment with steam
                  Hulling : Oats to be size-classified and hulled. After separation of husks, oat kernels to be
                  scoured and polished
                  Groats : Oat kernels to be cut, sorted and air-cleaned. Groats dampened and pre-cooked with
                  steam, then rolled to flakes
                  Quality of oat flakes :
                  humidity : less than 1 2 %
                  ash content : less than 2,3 % of dry matter
                  crude fibre : less than 1,5 % of dry matter
                  husk content : less than 0,10% of dry matter
                  protein content : not less than 12% of dry matter
            10 . Packaging :
                  — in bags
                  — quality of the bags :
                      bag composition :
                      — four bags of Kraft paper, of a strength corresponding to a weight of at least 70 g/m2
                      — one interposed bag made of tarred paper of a strength corresponding to a weight of at
                          least 140 g/m2
                      — one double-bound polyethylene internal pocket at least 0,06 mm thick
                      — top and bottom seals of bag to be pasted
                  — net weight of bags : 25 kg
                  — marking on the bags :
                      a red cross, 10 x 10 cm, as well as the following :
                      'FLOCONS D'AVOINE / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE
                      / ACTION DE LA LIGUE DES SOCIÉTÉS DE LA CROIX-ROUGE ET DU CROISSANT
                      ROUGE / POUR DISTRIBUTION GRATUITE / NYAMIRAMBO'
            1 1 . Port of shipment : a Community port
            12. Delivery stage : delivered destination — stores of the Rwanda Red Cross in Nyamirambo
            13. Procedure to be applied in order to determine supply costs : tendering
 ---pagebreak--- 8 . 11 . 85                          Official Journal of the European Communities                                    No L 296/25
            14. Deadline for the submission of tenders : 12 noon on 19 November 1985
            15. Shipment period : 1 to 31 December 1985
            16. Security : 12 ECU per tonne
            Notes :
            1 . The successful tenderer shall forward, through the intermediary of the intervention agency, to the
                recipient on the latter's request and in accordance with his instructions the documents necessary
                for importation of the goods into the country of destination.
            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 :
                Commission Delegation in Rwanda, c/o 'Diplomatic Bag', Berlaymont 1 / 123, 200, rue de la Loi,
                B-1049 Brussels .
                                                           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 in the invitation to tender.