natgillin/translations-raw huggingface dataset:
. 
In a food-aid operation, the recipient, who plays the role of client, does not have the same power of inflicting a penalty as someone who is paying for the goods he receives.
. 
Moreover, there is the praaical difficulty posed by the (sometimes extraordinary) dispersal of the warehouses from which one and the same lot has to be drawn.
. 
In the case of milk produas delivered to Tunisia in 1983, 421 1 of butter had to be taken from three different warehouses situated in two French departments that did not border on each other and 1 000 t of milk powder from five different warehouses spread out over the whole of France.
. 
This quality control is carried out for cereals with the participation of both parties involved: 'The successful tenderer and the recipient's representative shall be invited to take part in the operation'.
. Betydningen af ordet »participer« i den franske version af forordningen bør præciseres nærme¬ re. 
No such provision is made in respect of milk produas and even in the case of cereals the sense of the word 'participer', used in the French version of the Regulation, needs to be clarified in certain language versions.
. 6. 3. 
The German 'teilnehmen' and Danish 'deltage' terms are likewise satisfaaory. The Italian word 'presenziare' and the Dutch expression 'aanwezig zijn', on the other hand, have the much weaker meaning of 'be present at'.
. 
3.26. Other differences between cereals and milk produas: (a) for cereals, the intervention agency 'arranges for' the check, which is entrusted to an independent laboratory; for milk produas, the agency itself 'checks', which does not offer the same guarantee of objectivity; (b) the checks are usually made at the port.
. 
The checks on vitaminized milk powder and on butteroil may be seen as identical to manufacturing supervision, the shortcomings of which have already been described.
. 
And by the time of shipment, this out-of-date check has lost some of its value.
. 7. 
3.27.
. 
In several cases, some intervention agencies have failed to apply the regulations correaly: (a) for 500 1 of milk powder delivered to China in November 1981, the Belgian intervention agency did not carry out the stipulated inspeaion to ascertain that the produa satisfied requirements; (b) the quality control at shipment of 15 000 1 of maize delivered tò Mozambique in July 1983 by the Specific checks Approval of contractors t - 3.22.
. 8. 87 , De Europæiske Fællesskabers Tidende Nr. C 219/11 hensyn til dette forhold under den sag, den indledte mod Frankrig i forbindelse med denne tilvejebringelse. (ii) Interventionsorganet erklærede, at varen var af den krævede kvalitet, idet det henviste til de 1 minimumskrav, der gælder for opkøb til inter¬ vention, selv om disse krav er mindre strenge end de gældende regler om standardkvaliteter. (iii) Til sit forsvar fremførte interventionsorganet kun, at det i tilvejebringelsesforordningen ikke var angivet, at majsen skulle være »egnet til konsum«. 
' 17. 8. 87 Official Journal of the European Communities No C 219/11 Commission was , performed intervention agency itself: by the French 1981 to 1983).
. 
Particularly in the case of milk produas from intervention, it has decided to become involved in the checks by financing them itself more often.
. 
According to the Commission, this has resulted in a considerable decrease in the number of complaints about poor quality.
. 1 . 
3.31.
. 
Certain intervention agencies have since hindered the execution of such checks, alleging that' there is no legal basis entitling the Commission to carry out quality controls in its own name.
. 
The Commission has responded by deciding in future to finance checks which will be carried out on the recipients' behalf and at their request, and no longer in its own name.
. 
The supply agreements have been amended in order to inform the recipients of this change and the Direaorate-General for Development has been called upon to make the recipient countries aware of this option.
. 
Even if these, are not the sole measures to be taken in the area of quality control, they should already involve the recipient to a greater extent in the monitoring of the implementation of the aid and greatly reduce the incidence of cases of poor ( quality.
. 
The intervention agencies, however, have already indicated their opposition in this case too, despite the existence of an undeniable legal justification, at least in respea of milk produas.
. 2. 
3.32.
. 
The Court of Auditors cannot stress too strongly how much it would like to see the Commission pursue the course of incrased checks, by proposing an amendment to the legislation which would explicitly allow it also to carry out checks in its own name.
. 3. 
Common observations in respect of checks with a view to shipment Shipment, the decisive stage of quality control 3133.
. 
In comparison with all the upstream controls, the checks carried out with a view to shipment are .of prime importance.
. 
They constitute the 'safety net' designed to check that the supplies satisfy not only general standards of hygiene but also the provisions specific to the aid in question, such as tonnage, specific characteristics of the produas and their packaging.
. 
Their significance may also be appreciated in relation to all the subsequent downstream stages of aid implementation.
. 
With regard to the 'delivered place of destination' stage (*), although the quality is assessed finally on arrival at destination, the checks at. the time of loading aim to remove immediately all goods that do not comply at this stage.
. 
In respea of aid financed only as far as the port of shipment (7) or port of unloading (8), which is by far the largest amount, discharge (,2) is given to the European agents involved at the moment of shipment, and in particular to the contraaor, who is entitled to demand full payment for his services immediately afterwards.
. 4. 
3.34.
. 
This has not always been the case.
. 8. 17. 
No C 219/12 Official Journal of the European Communities 17. 8.
. 
87 unloading, the delivery had been made and the risks passed from the successful tenderer to the recipient at the time of unloading.
. 
Moreover, in the case of financing as far as the port of shipment, it was not the commercial notion of FOB H which applied but that of FAS(14).
. Overtagelses-eller overensstemmelsesattesten ved afskibningen tillægges for stor betydning 3.35. 
The Commission has changed this system in order to bring it into line with current commercial practices and current interpretations of the terms FOB and CIF (7) (s).
. 3.20, 3.21 og 3.253.28). 
Firstly, the checks carried out with a view to shipment are not complete and are not always reliable (see paragraphs 3.20, 3.21 and 3.25 3.28).
. 
Moreover, the recipient bears all the consequences of any" incidents which may arise after shipment, even when the Community is financing the transaction as far as the moment of unloading.
. 
This approach is understandable within the framework of commercial exports, where the purchaser can penalize the seller for any shortcomings by refusing to pay for the delivery or by changing to another supplier in future.
. 
Such economic weapons are not, however, available to recipients of food aid.
. 
There is thus' not much point in bringing the delivery stages of food aid into line with commercial practices.
. 6. 
3.36.
. 
The system of issuing taking-over certificates on shipment is based on the pretence that the results of the checks are drawn up and notified immediately to the interested parties, making it possible for the recipient (or the intervention agency) to issue - the taking-over certificates (or compliance certificates) in full knowledge of the facts, 'immediately after loading'.
. 
This is far from what happens in reality.
. 
It takes several days, even several weeks, for the results of quality controls, especially those in respect of milk products, to be notified by the laboratories to the intervention agencies.
. 7. 
3.37.
. 
The same applies when it is the recipient who makes a special request for a check.
. 8. 
The timetable for the dispatch of 1 000 t of skimmed-milk powder and 345 1 of butteroil delivered to Tunisia under the 1982 programme is instructive in this respea: . 3.38.
. 
It is in faa unthinkable that a boat should patiently await these results before sailing.
. 3.39. 
Very often the boat leaves before the results of the first inspeaion are made known and is far away when the results of the second, 'final' inspeaion (the check provided for by the regulations in the event that the results of the first check should be contested) are obtained. · 3.39.
. 
They should contain a compliance clause, subjea to any concealed defects, which may be called into question in the light of tests results that are of genuine scientific value.
. 
Moreover, case law in' the commercial field, which is less stria than the Community legislation relating to food aid, points in this direaion.
. 
It lays down that, in the case of CIF or FOB sales, the acceptance of goods on loading may be called into question at the time of arrival at destination if the poor quality of the goods in . question was not detectable by means of an ordinary' examination before the ship put to sea.
. 
The intervention agencies' experts acknowledge that it is impossible to carry out the present system of quality controls at the time of loading.
. 3.40. 
Control and monitoring of implementation after shipment 3.40.
. 
The legislation in force does not provide for any check at the time of unloading, whatever the stage of delivery.
. 
However the 'Court 'has noted that, over several years, the praaice has gradually been introduced of making indiscriminate checks on all produas with Community financing in the following conditions and in the following! cases: (a) on behalf 'of the recipient, it has become general practice for checks to be 'carried out at the time of shipment; (b) in relation to CIF deliveries, selettive checks have been carried out at the port of unloading in the case of destinations which present specific risks; (c) in relation to delivered place of destination deliveries, systematic checks have been carried out at the place of destination, whenever material conditions ' have allowed; (d) for triangular operations, in all cases the contraas provided for checks at the time of shipment and on arrival.
. 8. 11. 1983; 14. 11. 10. 
Checks at the point of arrival should be prescribed systematically. taking of samples on behalf of Tunisia Tunisia asks the Central Laboratory of Food Hygiene (France) to carry out analyses: shipment at Antwerp: issue of taking-over certificates: unloading in Tunis: results of the analyses available: 8. 11. 1983 10.
. 
11.
. 
1983 14.
. 2. 
1983 29.11.1983 12. 12.
. 
1983 i. e.
. 17. 
28 days after the boat had set sail and 13 days even after unloading. 17.
. 3. 1 . 
87 Official Journal of the European Communities No C 219/13 3.41.
. 
There is a risk that this may make them unsuitable as a basis for complaint; (c) if the complaint is at all late, it is no longer possible for a control team to decide how much damage was ' sustained during unloading and how much further damage occurred as a result of handling and storage conditions in the country.
. 1 . 
4. RESPONSIBILITIES AND GUARANTEES Unequal value of the various delivery stages as regards quality 4.1.
. 2. 
4.2.
. 
The FOB stage is the most consistent in this respea, but it leaves the recipient fully responsible for organizing the chartering and unloading of the ship, transport by land to the destination and insuring the produa.
. 
While this stage perfectly suits some countries, on account of their administrative and commercial traditions, another stage would undoubtedly be more suitable for other countries, to which the Community at present only delivers its aid up to the FOB stage.
. 3.353.39). \ 4.3. 
Moreover the latter stage, like all the other stages, has weaknesses in respea of the check carried out at the moment of shipment (see paragraphs 3.35 3.39 above) which cannot be accepted. 4.3.
. 
Only the distribution operations have to be organized by the recipient.
. 
This stage may thus be recommended for the poorest countries and for land-locked countries, which is in line with the criteria currently adopted.
. 3.40). Endvidere bør der ind¬ føres en egentlig kontradiktorisk procedure for modtagel¬ sen af varen, som kan gøres gældende over for alle parter. 
This delivery stage should, nevertheless, be improved as regards quality control and reception at destination (see paragraph 3.40 above) and also as regards the necessary introduaion of a proper reception procedure for the goods with both parties present and open to challenges by either side.
. 5.15). 
The Commission's on-the-spot delegation should also be involved in this procedure, as is the case for supply contracts within the framework of investment projects financed by the Community (see paragraph 5.15 below).
. 
The validity of this stage therefore depends on whether analyses can be carried out in reliable laboratories in the country of destination, a condition-which, unfortunately, is not always met.
. 4. 
4.4.
. 
The C1F system is perfectly acceptable in the context of normal commercial relations where an operation takes place between two partners who have been, party to the contract from the outset and the person receiving the goods has every possibility of defending his own interests.
. 
However, the CIF system becomes inappropriate as soon as it is applied to food aid.
. 
In this case the recipient state is not a party to the contract since the contract is signed between an intervention body, acting on behalf of the Community, and an operator.
. I prak-' sis behandles sagen af en medarbejder i landets administra¬ tion, som ikke har særlig erfaring i handelsespørgsmål. 
Furthermore the recipient state is hardly in a position to make sure that the contraa is enforced. In practice, it is left to a public service employee who has little experience of commercial prattices.
. 8. 17. 
No C 219/14 Official Journal of the European Communities 17. 8.
. Selv om ejendomsretten overgår til modtageren ved afskibningen, er det særdeles vanskeligt for modtageren at rejse indsigelse mod selve søtransporten og forsikringen af varen, som påhviler den erhvervsdrivende. 
Although the goods are transferred to the recipient state as from the time of loading, it has even less chance of calling into question the maritime transport methods and the insurance of the product, since, from the outset, they are the responsibility of the operator.
. 
Furthermore, in order to claim against the insurance, the recipient must prove that an incident has occurred during . transport, and this is very difficult.
. 
Finally, the CIF option does not automatically make the supplier responsible for unloading costs, since the inclusion, or.not, of these costs in the charter contract depends on the prevailing policy as regards chartering.
. 
This ambiguity has resulted in legal disputes.
. 7. 
On the whole, use of the CIF system for the delivery of food aid to a distant and underdeveloped country seems inappropriate in view of the actual conditions in which the system operates.
. De er således forpligtet til at overholde bestemmelserne, til at betale tilslagsmodtagerne, såfremt betingelserne er opfyldt, til at underrette Kommissionen om særlige omstændigheder og hændelser under tilvejebringelser. og til at indhente Kommissionens samtykke i visse tilfælde, især til ekstra¬ udgifter, der ikke var forudset i aftalen. 
Even if the legislation does not state that the intervention agencies act as the Communities' agents in the field of food aid, the relations between these agencies and the Commission are marked by a series of obligations by which the former are bound to the latter: the obligation to comply with the statutory provisions; the obligation to pay the contractors if the conditions have been satisfied; the obligation to inform the Commission of the circumstances of any incidents that occur during^ the mobilization procedure; the obligation to obtain the Commission's prior agreement in certain cases, in particular for additional expenditure not provided for in the contract.
. 8. 
4.8.
. 4. 
This may even . be said to be their main responsibility. ' Insurance Insurance of cereals withdrawn from intervention storage 4.9. When mobilized goods are withdrawn from intervention storage, the tender only contains the transport costs and not the purchasing price of the goods made available to the successful contractor by the intervention agency.
. 
The Community pays the intervention agency direttly in settlement of any expenditure relating to the value of the produa.
. 
The goods withdrawn from intervention storage thus need to be covered by a serious guarantee.
. 
In the case of cereals, this guarantee consists of an insurance taken out by the contractor and covering the ' value of the product (the intervention price or, depending upon the case, the reference price).
. 
In the event of a loss, the insurer must pay compensation to the intervention agency.
. 1974/80 (4) skal tegnes ved fob-og cif-leveringer, dækker varen fra det tidspunkt, hvor tilslagsmodtageren modtager den fra inter¬ ventionsorganet og indtil den faktiske afskibning. 
This insurance, laid down by Regulation (EEC) No 1974/80 (4) for the FOB and CIF stages, covers the goods from the moment when they are received by the contractor from the intervention agency to the moment of actual shipment.
. 
Thereafter, the successful tenderer is in faet no longer responsible for the goods and is released from his obligations.
. Der gælder følgende bestemmelser herom: (a) et indgivet bud kan ikke trækkes tilbage, (b) en tilslagsmodtager kan. ikke undlade at gennemføre den pågældende kontrakt, (c) tilslagsmodtagerens kontraktlige forpligtelser kan ikke overføres, ' (d) ved. fob-leveringer skal tilslagsmodtageren acceptere en forlængelse, der ikke overstiger 60 dage, (e) de bydende accepterer en række forskellige forpligtel¬ ser, der har til formål at sikre, at licitationsbetingel¬ serne og de gældende bestemmelser overholdes. 
Moreover, in the event of a CIF delivery, the marine transport insurance replaces this first insurance. contrattual obligations; " · (d) where delivery is at the FOB . stage, the successful tenderer may be granted an extension of up to 60 days, within which to fulfil. his obligations without being penalized; (e) the tenderers' enter into a series of quite varied commitments, all with the aim of observing the conditions of the invitation to tender and the applicable legislation.
. 
Where quality does not comply with the required standard, the goods must be replaced; where there is a shortfall, the deficiency must be made good.
. 87 De Europæiske Fællesskabers Tidende Nr. C 219/15 (EØF) nr. 1974/80 (4) og 1354/83 (5) om almindelige bestemmelser for tilvejebringelse af korn og mejeriproduk¬ ter har Kommissionen villet indføre de samme regler for fødevarehjælp, der finansieres til og med losningen, som dem, der gælder for cif-leveringer i kommercielle forhold, hvor en sådan forsikring er obligatorisk. 
8. 87 Official Journal of the European Communities No C 219/15 introducing this compulsory insurance requirement into Regulations (EEC) Nos 1974/80 (4) and 1354/83 (3) laying down the general procedures for mobilizing cereals and milk produtts, the Commission aimed to bring financing up to the, port of unloading into line with commercial CIF conditions, where provision is made for Delivery securities 4.13 It was seen in paragraph 4.9 that when cereals are .withdrawn from intervention storage they are insured.
. 
When milk products are mobilized from intervention storage the guarantee system is different.
. 
The successful tenderer is required to lodge a 'delivery security', . the amount of which is equal to the intervention price of the product in question, plus 10 %.
. 
The delivery security is released when the successful tenderer has fulfilled his obligations up to the agreed stage and has thus fulfilled the conditions for being paid.
. Ved levering frit bestemmelsessted af varer, der er opkøbt på markedet i EF-landene, kan tilslagsmodtageren anmode om at få udbetalt et acontobeløb på højst 90 % af det beløb, der skal betales for mejeriprodukter, og på højst 80 % for korn. 4. 
A tenderer who has been awarded the contratt for a delivery of produtts bought on the Community market and to be delivered at the 'delivered place of destination' stage 'may, on request, obtain an advance of up to 90 % of the ' amount to· be paid for milk products and up to 80 % only for cereals.
. I forbindelse med mejeriprodukter frigives sikkerheden først, når hele partiet er leveret, og når betingelserne for, at betaling kan finde sted, er opfyldt. 
The advance may not be paid, however, until after a security has been lodged which is equal to the advance or, in the case of milk products, to the value of the advance plus 10%; In the case of milk produtts, the security is not released until the whole batch has been delivered and payment is due.
. 
In the case of cereals, the security is released when the successful tenderer has furnished proof that that part of the delivery corresponding to the advance, i.e. up to 80 % of the lot, has been duly delivered.
. 
Indeed, had the successful tenderer not received an advance, he would not have been able to claim a pro rata payment in respect of a partial delivery, since the taking-over certificate may be withheld for as long as the delivery has not been completed. .
. 5. 
The financial responsibility of the economic operators The contractor's financial responsibility 4.15.
. 
The legislation stipulates that 'the successful tenderer shall bear all the financial consequences of the non-delivery of all or part of the goods under the conditions laid down' and that he is only paid in proportion to. the quantities delivered.
. 
Save for the possibility of paying an advance in the case of deliveries at the 'delivered place of destination' stage, contractors are not paid until after the contract has been fulfilled.
. 
If an advance has been paid, the security lodged against the advance provides a guarantee equivalent to a deduction from the final payment.
. 11. 
While it is possible such insurance. ' Transport insurance at the 'delivered place of destination' stage 4.11.
. 
In the case of delivery at the-'delivered place of destination' stage, the contractor is required to take out 'appropriate insurance cover'.
. 2. 
Securities Tendering security 4.12.
. 
The tendering security, which is stipulated both for cereals and milk products, is designed to guarantee that tenderers, and subsequently the successful tenderer, fulfil their obligations as from the stage when tenders are submitted.
. 
Since its purpose is not to guarantee the product itself but to ensure that the successful tenderer fulfils his obligations, the security is a small amount in relation to the value of the goods.
. 
There are two specific aspects of the way the amount is determined which are questionable: (a) »and firstly, in the case of milk produtts, the amount for goods drawn from intervention stocks is not the same as that for goods purchased on the Community market (1 % of the intervention price in' the first case 3% in the-second).
. 
This difference is unjustified; (b) secondly, in the case of cereals, the amount is 'laid down in the Regulation opening the tendering procedure'.
. 
This unjustified difference in relation to milk produas and the referral to specific regulations governing mobilization are examples of the tendency to incorporate in successive pieces of legislation provisions which are in faa of permanent validity.
. 
Moreover, in the specific regulations, the security, which is fixed in absolute terms and not as a percentage, cannot but be different from produa to product and over time. Such extra complications serve no useful purpose.
. 4.13), træder den, så snart den er stillet, i stedet for sikkerheden ved licitation, som derefter frigives. 
In cases where it is necessary to lodge a delivery security, however, (see paragraph 4.13 below), the latter, when provided, replaces the tendering security, which is immediately released.