31982R1832

No L 202/ 10 Official Journal of the European Communities 9 . 7 . 82

COMMISSION REGULATION ( EEC) No 1832/ 82 of 5 July 1982 on delivery of common wheat as food aid to the Kingdom of Lesotho

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 Having regard to the Treaty establishing the European up to unloading at the stipulated destination ; whereas Economic Community, payment can be made only when proof of delivery to Having regard to Council Regulation (EEC) No the destination is provided ; 2727/75 of 29 October 1975 on the common organi­ zation of the market in cereals ('), as last amended by Whereas it must be made clear who is to bear any Regulation (EEC) No 1451 /82 (2), and in particular costs which arise in the event that for reasons of force Article 28 thereof, majeure the operation in question is not completed within the period stipulated ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi­ Whereas the Belgian intervention agency should be tions for the mobilization of cereals as food aid (3), and made responsible for the tendering procedure in ques­ in particular Article 6 thereof, tion ;

Having regard to Council Regulation No 129 of 23 October 1962 on the value of the unit of account and Whereas the measures provided for in this Regulation the exchange rates to be applied for the purposes of are in accordance with the opinion of the Management Committee for Cereals, the common agricultural policy (4), as last amended by Regulation (EEC) No 2543/73 (*), and in particular Article 3 thereof,

Having regard to the opinion of the Monetary HAS ADOPTED THIS REGULATION : Committee,

Whereas on 26 April 1982 the Council of the Euro­ Article 1 pean Communities declared that by way of Commu­ nity action it proposed to grant Lesotho 6 000 tonnes of common wheat under its 1982 food-aid 1 . The intervention agency mentioned in Annex I programme ; hereto is hereby required to implement the mobiliza­ tion and supply of the product stated in the said Whereas pursuant to Article 3 (3) of Council Regula­ Annex as food aid, subject to the provisions of this tion (EEC) No 2750/75 the goods may be purchased Regulation . anywhere on the Community market ; Whereas an invitation to tender should be issued for 2. Supply of the products shall be organized under supply of the products delivered unloaded at Maseru the tender procedure. via Durban , in view of the final use to be made of the goods delivered ; 3 . Annex I shall take the place of a notice of invita­ tion to tender. The intervention agency responsible Whereas the provisions of Commission Regulation shall make further publications as necessary. (EEC) No 1974/80 of 22 July 1980 laying down general implementing rules in respect of certain food­ aid operations involving cereals and rice (6), as last Article 2 amended by Regulation (EEC) No 3323/ 81 Q, should be applied as far as possible, particularly in respect of 1 . For the purposes of the invitation to tender, the the procedure for submission of tenders, since the following provisions of Regulation (EEC) No 1974/80 manner in which the security is lodged must guarantee shall apply : that the successful tenderer complies with his obliga­ tions ; — Article 4, except the provisions of paragraph 3 (e) and paragraph 4 (d) and (e), in respect of submis­ sion of tenders , (>) OJ No L 281 , 1 . 11 . 1975, p . 1 . (2) OJ No L 164, 14. 6 . 1982, p . 1 . — Article 5 in respect of provision of security, 0 OJ No L 281 , 1 . 11 . 1975, p . 89 . (4) OJ No 106, 30 . 10 . 1962, p . 2553 / 62 . — Article 6 in respect of opening and reading 0 OJ No L 263 , 19 . 9 . 1973, p. 1 . tenders, (6) OJ No L 192, 26 . 7 . 1980 , p . 11 . o OJ No L 334, 21 . 11 . 1981 , p . 27 . — Article 8 in respect of comparing tenders.

9 . 7 . 82 Official Journal of the European Communities No L 202/ 11

2. The tender shall indicate the amount of the tion to which the goods are subject, until they have tender expressed per tonne of product, in the currency effectively been unloaded and delivered to the final of the Member State where the tendering procedure is destination . taking place. The tender must include the cost of fumigation, unloading and warehousing at the final 3 . The successful tenderer shall communicate as destination stated in Annex I. soon as possible to the recipient's representative the date of loading, the means of transport used to consign The tender shall state separately the amount of cost in the goods to the final destination, and the probable respect of sea and land transport to the stipulated final date of arrival . He shall immediately send this infor­ destination . mation to the intervention agency responsible for payment, which shall forward it without delay to the The tender shall indicate the Member State in which Commission . the tenderer, in the event of his being declared successful, undertakes to complete the customs export The tenderer shall advise the recipient's representative, formalities . at least three days in advance, of the probable date of arrival of the goods at the final destination . 3 . The tenderer shall carry out his obligations pursuant to this Regulation and the undertakings referred to in Article 4 (4) of Regulation (EEC) No Article 5 1974/80, with the exception of subparagraphs (d) and (e) thereof. 1 . The intervention agency of the country of ship­ ment shall arrange for a check at the port before 4. The tenderer shall undertake to ship in vessels loading on the quantity, quality and packaging of the listed in the larger classes in recognized classification goods. Following inspection an attestation shall be registers, not more than 15 years old, and attested by a issued by the intervention agency. The costs relating competent body as meeting hygiene requirements. thereto shall be borne by the successful tenderer.

The successful tenderer shall provide that intervention Article 3 agency with a certificate from the organization which undertook fumigation, showing that that operation has 1 . Without prejudice to paragraphs 2 and 3, the been carried out . contract shall be awarded within 48 hours to the tenderer who has submitted the most favourable 2. Samples intended for analysis shall be taken and tender . the inspection shall be carried out in accordance with the trade practices in force in the country of shipment. 2. Where the most favourable tender is submitted The successful tenderer and the recipient's representa­ by more than one tenderer, the intervention agency tive shall be invited to take part in the operation . shall award the contract to one of those tenderers by drawing lots. Two sealed samples shall be kept by the intervention agency until issue by the recipient of the taking-over 3 . If the tenders do not appear to be in line with certificate or until issue of the certificate referred to in the prices normally prevailing on the market, the Article 6 (2). intervention agency may, with the agreement of the Commission, decide not to award the contract. 3 . If the inspection referred to in paragraph 1 gives rise to a dispute, the intervention agency shall arrange 4. The intervention agency shall communicate the for a second inspection by a service different from that results of the tendering procedure to all the tenderers mentioned in paragraph 1 , the findings of which shall by letter or telex sent not later than the first working be final. The costs relating thereto shall be borne by day following the award decision . the losing party.

4. Where the inspection provided for in the prece­ Article 4 ding paragraphs reveals that the goods do not satisfy the requirements stipulated, they must be refused and 1 . The successful tenderer shall contract as neces­ replaced. Where some quantities are missing the sary, at his own expense, for carriage of the goods to successful tenderer must make up the cargo. the final destination and shall bear all the costs involved, including those of unloading and ware­ housing at the destination . He shall take out suitable Article 6 insurance . 1 . A taking-over certificate shall be issued by the 2 . The successful tenderer shall bear all the risks recipient immediately following unloading at the final relating to the goods, in particular of loss or deteriora­ destination . It shall state the place and date of taking

No L 202/ 12 Official Journal of the European Communities 9 . 7. 82

over and give a description of the goods taken over in — every tenderer whose tender was not successful or the form given in Annex II and any comments by the was not accepted, recipient. — the successful tenderer in respect of quantities not delivered on account of force majeure, 2. Where the taking-over certificate is not issued for — the successful tenderer in respect of the quantities reasons other than a dispute about the goods, proof of delivered in accordance with this Regulation and delivery may be provided by means of a certificate of on presentation of the original of the taking-over the form given in Annex II endorsed by the Commu­ certificate or a certified true copy thereof or, where nity representative in the country of destination . appropriate, the certificate referred to in Article 6 (2).

2. The security referred to in Article 7 (4) shall be Article 7 released immediately when the successful tenderer furnishes the proof in accordance with Article 6 that at 1 . Payment to the successful tenderer shall be made least 80 % of the quantity provided for has been by the intervention agency of the Member State in delivered in conformity with the conditions laid down which the customs export formalities are completed. in this Regulation .

2. The amount to be paid shall be that of the tender Article 9 plus, where appropriate, the costs referred to in Article 9 . It shall be paid in the currency of the Member State If the successful tenderer, for reasons of force majeure, which is responsible for payment. For this purpose has to bear exceptional costs in respect of the delivery this amount shall be converted by using, made under this Regulation which cannot be covered — where the currencies in question are maintained by insurance, he may receive compensation therefor on production of supporting documents and with the within a maximum spread at any one time of prior agreement of the Commission . 2-25 % , the conversion rate resulting from their central rate , — in other cases, the relationship between the two Article 10 currencies concerned established by using the latest statement of their spot exchange rates made Except in case of force majeure the successful tenderer immediately prior to the closing date for the shall bear all the financial consequences of the non­ submission of tenders as published in the 'C' series delivery of the goods under the conditions laid down of the Official Journal of the European Commu­ in this Regulation if the recipient had made delivery nities. possible under such conditions .

3 . The amount referred to in paragraph 2 shall be The costs resulting from the non-delivery of the goods paid to the successful tenderer on presentation of the following a case of force majeure shall be borne by the original of the taking-over certificate or a certified intervention agency responsible for payment. copy thereof, or, if this is not available, of the certifi­ cate referred to in Article 6 (2). Article 11 4. The intervention agency is hereby authorized to Articles 21 and 22 ( 1 ) and (2) of Regulation (EEC) No make without delay an initial payment of 80 % of the 1974/80 shall apply in the context of this Regulation . value of the quantity given in the bill of lading, on presentation of a copy of that document, of the attesta­ The intervention agency responsible for payment shall, tion referred to in Article 5 ( 1 ) and of the fumigation on receipt, send the information referred to in Article certificate, and subject to the provision of a security for 4 (3) to the Commission . an amount equal to the initial payment.

The intervention agency in the country of shipment The said security shall be provided as laid down in shall send the Commission, without delay, the results Article 5 (2) of Regulation (EEC) No 1974/80 . of the inspection referred to in Article 5.

Article 12 Article 8 This Regulation shall enter into force on the day 1 . The security referred to in Article 2 shall be following its publication in the Official Journal of the immediately released to : European Communities.

9 . 7 . 82 Official Journal of the European Communities No L 202/ 13

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 5 July 1982.

For the Commission Poul DALSAGER Member of the Commission

No L 202/ 14 Official Journal of the European Communities 9 . 7 . 82

ANNEX I

1 . Programme : 1982 2. Recipient : Kingdom of Lesotho 3 . Place or country of destination : Lesotho 4 . Product to be mobilized : common wheat

5 . Total quantity : 6 000 tonnes 6 . Number of lots : one 7. Intervention agency responsible for conducting the procedure : OBEA, 82, rue de Treves, B-1040 Brussels (telex 24 076) 8 . Method of mobilizing the product : the Community market 9 . Characteristics of the goods : the common wheat must be of fair and sound merchantable quality and correspond at least to the bread-making quality required for intervention (moisture : maximum 14 % ) 10 . Packaging : in bulk 11 . Port of shipment : a Community port 12. Delivery stage : delivered destination — Food Management Unit, Railway Siding 4457, Maseru via Durban 13 . Procedure to be applied in order to determine supply costs : tendering 14. Deadline for the submission of tenders : 12 noon on 27 July 1982 15 . Shipment period : October 1982 176 . Security : 6 ECU per tonne

f

9 . 7 . 82 Official Journal of the European Communities No L 202/ 15

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 :

This quality of the goods delivered is in accordance with that fixed.