natgillin/translations-raw huggingface dataset:
. 6. 
Aid in the form of oleaginous products Emergency aid (Articles 950 of the budget and 137 of the Second Lomé Convention) Suggestions for reform .'. Ensuring the consistency of management documents Better definition of controls and responsibilities , .....'
. 
Conclusion '.' Annexes Annex 1: Annex 2: *'-.
. 
Annex 3: The Commission's replies . . s List and description of deliveries of sub-standard goods noted by the Court > .
. 8. 17. 
No C 219/4 Official Journal of the European Communities 17. 8.
. 
87 1.
. 11. 
INTRODUCTION 1.1.
. 
Food aid cannot properly meet the needs which it is intended to satisfy unless it arrives at its destination on the right date and in the stipulated quantity and unless the nature, characteristics and packaging of the products are satisfactory and comply with the conditions laid down in the supply agreement and the applicable regulations.
. Beretningen afsluttes med en række henstillinger med hen¬ blik på en reform af ordningen. 
The shortcomings and contradictions in the present system, which are to blame for these failings, have been detected with regard to: (a) the applicable rules; (b) the checks made; (c) and the guarantees implemented. · The report concludes with recommendations for reforming the system.
. 5. 
1.5.
. 
This report was sent for the first time by the Court of Auditors to the Commission on 16 January 1987 in order to allow the latter to draw up its replies. .
. 3972/86, offentliggjort i De Europæiske Fælleskabers Tidende den 30. december 1986). 
A few days beforehand the basic regulation on food-aid policy and! food-aid management (Council Regulation (EEC) No 3972/86, published in the Official Journal of the European Communities of 30 December 1986) had entered into force.
. 3972/86 den 2. januar 1987. 
Obviously, all the observations in the report concern operations which took place before the entry into force of Regulation (EEC) No 3972/86, on 2 January 1987.
. 1.2. 
However, the Court has noted that the reforms introduced by this new regulation, which should soon be supplemented by the reform and standardization of mobilization procedures relating to these products, (the draft regulation of the Commission having already been made), agree with its own recommendations on several important points. . '
. 3. 
In a previous special report, adopted on 30 October 1.3. 1980, the Court of Auditors presented a general survey of the system for managing food aid.
. 
This report takes that analysis a stage further by examining whether or not the products delivered comply with the standards required by law and common sense.
. 
The Court has compiled a list of all thè unsatisfactory cases about 90, some relating to one single consignment and others to a ' series of consignments which it found during audit visits performed between 1981 and 1985 in over 20 countries and as a result of an enquiry into the cases handled by the food-aid disputes-department at the Commission's Directorate-General for Development.
. 
These cases are classified and described in Annex 1. 1.4.
. Det samlede antal kan anslås til ca. 5) 
Tne number of lots (') of food aid delivered during the period in question (19761985) is large and may be estimated at about 8 000.
. De 90 tilfælde af mangelfulde fødevareleverancer, der omtales i bilag 1, vedrører et antal varepartier, som det er vanskeligt at opgøre nøjagtigt, men som kan anslås til omkring 200 til 400. 
As for the 90 cases of faulty deliveries described in Annex 1 , they represent a number of lots to which it is difficult to put a figure, but which must be in the region of between 200 and 400.
. 2. 
In any case, the problem is not so much one of assessing how representative these few hundred lots are in relation to the 8 000, as of (') The footnotes are set out together at the end of the report.
. 8. 87 De Europæiske Fællesskabers Tidende Nr. C 219/5 (c) fødevarehjælpen er i øvrigt reguleret i forskellige forordninger vedrørende landbrugspolitikken, som gæl¬ der både for det tilfælde, at varerne skal udtages fra interventionslager, og når de skal 'tilvejebringes ved opkøb på markedet i EF-landene, (d) fødevarehjælpen skal også være i overensstemmelse med medlemsstaternes retsregler, f.eks. visse sundheds¬ bestemmelser, (e) hver enkelt hjælpeaktion skal gennemføres i henhold til en 'særlig forordning om' tilvejebringelsen og en licita-tionsbekendtgørelse, som udarbejdes af generaldirekto¬ ratet for landbrug (GD VI) og vedtages af Kommissio¬ nen efter udtalelse fra en forvaltningskomité. 
17. 8. 87 Official Journal of the European Communities No C 219/5 (c) furthermore, food aid is governed by various agricultural policy regulations, not only when aid is drawn from intervention stocks but also when it has to be mobilized on the European market; (d) the aid must also comply with the law in the Member States, for example, certain health standards; , (e) each aid operation must be carried out in accordance with a specific mobilization regulation and a suitable notice of invitation to tender, drawn up by the Directorate-General for Agriculture (DG VI) and adopted by the Commission after it has obtained on opinion from a management committee.
. 3. 
2.3.
. 
The annual programme is defined by: Èia.) the budget, which lays down the appropriations per W category of product; (b) the Council Regulation laying down the implementing rules for the year in question (total quantities to be delivered of each category of product, detailed list of products likely to be used as food aid, list of countries and organisations likely to receive aid) (these rules were in force until the end of 1986); 'ι I (c) the special aid allocations, decided on a case-by-case basis by the Commission.
. 
The only way of making national regulations such as these binding would be to include them in the agreement and the mobilization regulation, because, as things are, the intervention agencies and the successful tenderers are not bound by the'recipient country's regulations. .
. 5. 
Applicability of the agreements 2.5.
. 
In the broad sense, the supply agreement is the official letter signed by the two parties,' preceded and followed by less formal correspondence, which lays down certain details of the aid (e. g. the delivery period).
. 
DG VIII defines the operations and concludes the supply agreements and then sends a 'mobilization request' {') to DG VI, which mobilizes the aid, or arranges for the intervention agencies to do so, by drawing up the mobilization regulation (s) and the notice of invitation to tender (6).
. 6. 
2.6.
. 
Often the date planned fór the delivery and notified by DG VIII to DG VI is not kept to because of the sluggishness of the mobilization process.
. 
Above all, the process is slow because some of the specifications in the agreements have to be transcribed by DG VIII in the mobilization request in order to be sent to DG VI and included in the mobilization regulation.
. 
According to one interpretation, the transfer took place at the port of shipment and according to the other, at the port of unloading.
. 
This failure to specify the delivery period leaves the door wide open to delays in the mobilization of aid; (b) similarly, the port of shipment for an FOB (7) delivery is never specified in the agreements.
. 
The tenderers select the port of shipment unilaterally. This practice is such as to increase the sea transport costs for the recipient.
. 
In many cases of CIF (8) deliveries, the port of unloading is also not-mentioned in the agreement; (c) lastly, the agreements generally confine themselves to indicating the nature of the product without specifying further details.
. 
This may result in a product being comprehensiveness of the agreements The supply agreements (s) specify the nature of. the
. 8. 17. 
No C 219/6 Official Journal of the European Communities 17. 8.
. 
87 in respect of 500 1 of skimmed-milk powder granted to Mauritius and delivered in 1982 without any added vitamins, the agreement laid down that the product should be vitaminized.
. 
The mobilization request failed , to repeat this stipulation; in the case of a delivery to India in 1982 of 5 000 t of skimmed-milk powder that was too old, the agreement specified powder which was at the most six months old at the time of shipment.
. 
The mobilization regulation authorized powder.up to nine and a half months old: DG VI argued that stocks did not make it possible to supply more recent powder. In fact, the stocks of powder less than six months old at no time dropped below 5 515 t, and it was possible to make up the 5 000 1 by calling on only two Member States (United Kingdom 3 140 1; Denmark 1 900 1; the remaining 475 t were located in Germany). general.
. 
Admittedly, for cereals delivered at the FOB or CIF stages, and for milk products, the mobilization rules have been codified. In all other cases, however, the rules are reiterated in each mobilization regulation or notice of invitation to tender in exactly the same terms (nature of the quality controls, list of documents which the successful tenderer has to supply in order to be paid, rules regarding the packaging, compulsory lodging of a security, etc.).
. En forkert påskrift på sække med mælkepulver skyldtes, at man i en særlig forordning krævede påskriften »til Den Tunesiske Republik«, ud over påskriften »gave fra Det Europæiske Økonomiske Fællesskab«, som almindelig¬ vis kræves i henhold til forordning (EØF) nr. 
Conversely, separating general rules from specific provisions and incorporating them in different legislation should not be taken to ridiculous lengths: a mistake in the markings on bags of milk was due to a special regulation, requiring that the bags be^ marked 'to the Republic of Tunisia'. This requirement was in addition to the words 'Gift of the European Economic Community', which are stipulated as a general rule by Regulation (EEC) No 1354/83 (J) on the mobilization of milk products.
. 10. 
2.10.
. 
The regulations are complex in another way too: some provisions relating to the agricultural policy apply to food aid but to an extent which varies from case to case.
. 
The standards as regards quality and packaging that must be observed when a product is taken into intervention are numerous and this is to the advantage of food aid if the 'product is drawn from intervention stocks.
. 
Furthermore, some of these standards apply to some of the food-aid products mobilized on the market (e. g. milk products).
. 11. 
Homogeneity 2.11.
. 2. 1974/80 (4) (korn) og forordning (EØF) nr. 7. 5) 
Regulation (EEC) No 1974/80 {") (cereals) and Regulation (EEC) No 1354/83 (5) (milk products) differ in many ways that are likely to be of relevance with regard to questions of quality, and which, for the most part, cannot . be justified by reference to the nature of the products^^ themselves (see Annex 2). ^P Content Packaging 2.12.
. Der er : således tale om to særskilte dokumenter, som udarbejdes af to forskellige generaldirektorater. 
The supply agreement is binding upon the recipient and the Community. The mobilization regulation is aimed at the intervention agency and the contractor, Two separate documents are therefore involved, drawn up by two separate Directorates-General.
. 
A third liaison document, the mobilization request, ought to ensure that these. two documents are consistent with each other, but this is not always the case.
. 1974/80) (4) og mejeriprodukter (forordning (EØF) nr. 1354/83) (3), men der findes ikke tilsvarende bestemmelser for vegetabilsk olie, sukker eller »andre produkter«. 
Rules for mobilizing aid have* been drawn up 'for cereals (Regulation (EEC) No 1974/80) (4) and for milk products (Regulation (EEC) No 1354/83) (s), but there are no equivalent regulations for vegetable oils, sugar or 'other products'.
. 
This serious shortcoming is compensated for by provisions inserted on an ad hoc basis in each notice of invitation to tender relating to these products, but this cannot be a substitute for a properly thòught-out, permanent regulation.
. 1974/80 om tilvejebringelse af korn. 
'Delivered place of destination' deliveries are customary for all categories of products and yet Regulation (EEC) No 1974/80 on the mobilization of cereals makes no mention of them.
. 29. 
Complexity 2.9.
. 
A feature of the mobilization of food aid is the' repetition in regulations issued for a particular, limited purpose of" provisions that are permanent and
. 2. 3. 
87 Official Journal of the European Communities No C 219/7 2.13.
. 
As regards the milk-powder bags, Regulation (EEC) No 1354/83 (5) quite simply refers back to the provisions of Commission Regulation (EEC) No 625/78 (10) of 30 March 1978 on public storage of skimmed-milk powder in the Community.
. 4. 
2.14.
. 1354/83 (J) kan vitaminiseret mælkpulver i poser på 1 eller 2 kg pakkes i en »ydre emballage«; der rummer 20 kg. 
For vitaminized milk, Regulation (EEC) No 1354/83 (5) provides for the possibility of shipping the powder in 1-kg or 2-kg sachets packed in lots of 20 kg.
. 2. 5. 
This method is better but is little used, and it clearly cannot compare with the method adopted by Switzerland and the United States, which is to use tins containing between 2 kg and 5 kg. φνί£ rkings 2.15.
. 
Transport 2.16. The stipulation 'Community port of shipment with regular connections with the country of destination', which DG VIII was trying to make 'compulsory in its mobilization . requests at the FOB stage, was often curtailed in the obilization regulations to 'Community port'.
. 
It was herefore left up to the contraaor to selea the port and the recipient sometimes had to charter a ship to transport the goods from this port.
. 1354/83 (5) blev der indføjet en ny klausul: ». . .vælges denne havn således, at der i den i licitationsbekendtgørelsen fastsatte afskibnings-periode er skibsforbindelse til bestemmelseslandet. 
A new clause was inserted into the milk produas Regulation (EEC) No 1354/83 (*); 'This port shall be selected because of the existence of a connection with the country of destination during the shipment period specified in the notice of invitation to tender.
. Denne klausul, som ikke findes i korn¬ forordningen (EØF) nr. 1974/80 (4), optages derimod i de enkelte tilvejebringelsesforordninger vedrørende fob-leveringer af korn. 
This connection may involve one transhipment in another European Community port'. This clause, which does not appear in thè cereals Regulation (EEC) No 1974/80 (4), is included in every mobilization regulation relating to an FOB delivery of cereals.
. 
The fact still remains that it is the contraaor who unilaterally seleas the port of shipment.
. 
This choice 'may affect the costs borne by the recipient just as much as, and probably more than, it affeas those which the contraaor has to pay, and may thus reduce the net economic value of the aid.
. 17. 
2.17.
. 
Similarly, the stipulations regarding sanitary conditions and the age of the ships are laid down only for the CIF stage and not for the 'delivered place of destination' stage.
. 
Food-aid operations are subjett to the other checks that apply under the ordinary law of the Member States or of the Community.
. 
This applies to the checks mentioned under (d), (e) and (g).
. 
Depending on the case, the checks referred to under (b) and (c) may or may not be specific to food aid.
. Utilstrækkelig bevisværdi 3.3. Den generelle kontrols bevisværdi er i visse tilfælde usikker. 1 . 
They are not carried out with the aaive involvement of the other parties concerned, insofar as the recipient is not party to, nor even present at, the and, in some cases: a check at the time of unloading; a check upon arrival at the destination. Some checks are specific to food aid for example, /
. 8. 17. 
No C 219/8 Official Journal of the European Communities 17. 8.
. 
This applies to the health checks carried out by the Member States with reference to their own standards.
. 
Furthermore, the results of these health checks in the Member States are sometimes shown to be incorrea by other subsequent checks.
. 4. 
3.4.
. 
Produas to be drawn from intervention stocks are subjea to the 'standards and the checks required for entry into the intervention stores, where such standards and checks exist, which is not always the case: (a) as regards cereals, there is no requirement that they should be subject to a full check before being taken - into store.
. 
Samples taken by both parties have to be submitted for analysis by an approved laboratory only 'where agreement as to the quality and charaaeristics of the cereal offered cannot be reached'.
. 
But this does not apply to butter, which is produced . by too large a number of farmers and cooperatives.
. 
In addition, butter has to undergo a trial storage period of two months, after which, if quality standards are not 'met, it is rejeaed.
. 5. 
3.5.
. 
The Court's investigations into the quality of produas in store cast doubt on whether all these checks are , carried out (see the Court's annual report on the financial year 1985, Chapter 4).
. 
Furthermore, three comments must be made: (a) once the produa has been taken into store, the regulations do not provide for subsequent regular checks; (b) by the time it is mobilized, the product may have deteriorated; Failure to take account of requirements peculiar to food aid 3.8. The requirements regarding food aid are striaer than the rules applying under common law.
. 
For cereals and rice, the stipulated standards as regards quality are sometimes higher than the minimum conditions required for entry into intervention.
. 
The bags used for milk powder are sometimes different from those specified in the common agricultural policy regulations, and for cereals, which are usually stored in bulk, the process of putting them in bags is part of the aa of mobilization.
. 
Lastly, the markings are specific to food aid.
. 
Thus, even if they were always reliable in themselves, the non-specific checks would not be adequate, because they do not take account of the requirements that are peculiar to food aid.
. 39. 
Complementarity with the specific checks The approval of the manufacturer 3.9.
. 
There is no' approval procedure for cereals.
. I den almindelige fremstillingsproces foregår vitaminiseringen af skummetmælkspulveret under selve frem-{ stillingen og kan derfor ikke adskilles fra denne. 3.10. 
For milk produas, things are somewhat complex: (a) the process of manufaaure may be in two stages: (i) first stage: manufaaure of butter or of skimmed-milk powder; (ii) second (possible) stage: processing of the butter into butteroil; (b) normally, vitamins are added to the powder during it'4fe manufaaure and the two stages are then inseparable.^^ 3.10.
. 3, i forordning (EØF) nr. 
For the first stage of manufacture, the current provisions do not always have the same scope: (a) where the produa has been purchased on the market, Article 3 (3) of Regulation (EEC) No 1354/83 (s) refers back to the approval procedure for entry into intervention stocks.
. 
But it goes on to say that 'only undertakings which have the appropriate technical facilities for meeting the requirements laid down in this Regulation) (i. e. laid down specifically for food aid) 'may be approved'; (b) if they have been drawn from intervention stocks, the food-aid products automatically benefit from the approval procedure for the entry into store. But this does not mean that they necessarily 'meet the requirements' specific to food aid.
. 
Since the regulations on food aid are striaer than the general regulations, the possibility that they may fall short of the requirements does exist. (c) . instances of poor, quality are most frequent where the product comes from intervention stocks.
. 11. 3. 
87 Official Journal of the European Communities No C 219/9 3.11.
. 
For milk powder, Regulation (EEC) No 1354/83 (5) extends the manufaauring supervision that is stipulated for produas taken into intervention to keep permanent records listing the origin of the raw materials, the quantities treated and produced, the type of manufaauring process and the identification of each lot· produced.'
. 17. 
3.17.
. 
But even if the plant clearly separates the production rooms and lines relating to authorized produas from those relating to other produas, checks.would still have to be made to ensure that there was no fraudulent interference during the process of manufaaure and that no fraud had been committed in keeping the records.
. 
In order to be effective, these checks, even if they are not systematic, need at least to be unexpeaed and to be carried out at any time.
. 
An occasion has already occurred when, during a check on an undertaking manufaauring butteroil, the Court of Auditors chanced to find a large number of empty drums of vegetable oil on the premises.
. 
In order to ascertain what the oil had been used for, it would have been necessary either to have been present when it was utilized or else to have carried out a close examination of the commercial documents.
. 
A contraaor who had committed a fraud of this type was identified by the Commission in connection with deliveries made in 1976 and 1977, but no financial sanctions were applied at the time of clearance.
. 8. I artikel 7 i forordning (EØF) nr. 1354/83 (5) hedder det helt generelt, at »Medlemsstaterne træffer de nødvendige foranstaltninger med henblik på at sikre . . . , at der ikke finden andet fedtstof end mælkefedt i de produkter, der leveres« som fødevarehjælp. 
A Court audit visit to Indonesia found one case in which it was likewise suspeaed that vegetable fat had been used in making milk powder. products purchased on the market. . \ 3.18. down very generally that 'Member States shall take the measures necessary to ensure that . . . there is no fat other than butterfat in the produas supplied' as food aid.
. 
The contractor undertakes, if the product is drawn from intervention stocks, 'to manufaaure the butteroil to be supplied 'only from the butter removed from the intervention agency for that purpose'.
. 
All this offers only a theoretical guarantee. .3.14.
. 
These inspections at the first manufaauring stage, 'being provided for by a common agricultural policy regulation, are not specific to the field of food aid.
. 
They are periodic, 'frequent', as the Regulation specifies, but not systematic, i. e. they are not carried out for all the batches.
. 5. 
3.15.
. 
Checks on whether the raw materials used are solely milk or the permitted constituents of milk can only be carried out during manufacture.
. 
The laboratories say that, on the basis of existing analyses, it is impossible to establish with absolute accuracy whether or not the finished butteroil contains vegetable fats.
. 1 100 ECU pr. tons og for smør på 3 100 ECU. 
From the point of view of the produttion cost, it is very tempting to substitute vegetable oil for butter: in 1986, vegetable oil was fetching about 1 ,100 ECU/tonne and butter 3 100 ECU/tonne.
. 
The same factors apply the skimmed-milk powder and to powdered whey.
. 6. 
3.16.
. 8. 17. 
No C 219/10 Official Journal of the European Communities 17. 8.
. 
87 (a) where the product is purchased on the market; (b) in the case of the vitaminization of powder or the processing of butter into butteroil.
. 1 . 
3.21.
. 
Of course, if the recipient is not represented at the time of shipment of an FOB or CIF delivery to hand over the taking-over certificate (which must certify that the goods are of the quality specified) to the contraaor, the intervention agency must act in his place and issue a certificate with the ' sanie content as a taking-over certificate.
. 
This means that the intervention agency must check that the goods are of the quality specified, even in the case of milk products drawn from intervention stocks.
. 2. 3. 
However, in the case of an FOB or CIF delivery at which the recipient is represented and does not ask for a check to be carried out, and in 'the case of a 'delivered place of destination' delivery for which the certificate does not have to be issued at shipment, there is no quality control with a view to shipment. an obvious interest in ensuring that the merchandise is of good quality, since, if not, his client will hold him responsible.