31983R0676
No L 79/ 10 Official Journal of the European Communities 25 . 3 . 83
COMMISSION REGULATION (EEC) No 676/83 of 23 March 1983 on the supply of common wheat flour as food aid to the Republic of Bolivia
THE COMMISSION OF THE EUROPEAN via Antofagasta, in view of the final use to be made of COMMUNITIES , the goods delivered ;
Having regard to the Treaty establishing the European Whereas the provisions of Commission Regulation Economic Community, (EEC) No 1974/80 of 22 July 1980 laying down general implementing rules in respect of certain food Having regard to Council Regulation (EEC) No aid operations involving cereals and rice Q, as last 2727/75 of 29 October 1975 on the common organi amended by Regulation (EEC) No 3323/81 (8), should zation of the market in cereals ('), as last amended by be applied as far as possible, particularly in respect of Regulation (EEC) No 1451 /82 (2), and in particular the procedure for submission of tenders, since the Article 28 thereof, manner in which the security is lodged must guarantee that the successful tenderer complies with his obliga Having regard to Council Regulation (EEC) No tions ; 2750/75 of 29 October 1975 fixing criteria for the mobilization of cereals intended as food aid (3), as Whereas, however, the specific provisions concerning amended by Regulation (EEC) No 3331 /82 (4), and in delivery to destination must be set out ; whereas the particular Article 6 thereof, successful tenderer must thus bear all risk in the goods up to unloading at the stipulated destination ; whereas Having regard to Council Regulation No 129 of 23 payment can be made only when proof of delivery to October 1962 on the value of the unit of account and the destination is provided ; the exchange rates to be applied for the purposes of the common agricultural policy (5), as last amended by Whereas it must be made clear who is to bear any Regulation (EEC) No 2543/73 (6), and in particular costs which arise in the event that, for reasons of force Article 3 thereof, majeure, the operation in question is not completed within the period stipulated ; Having regard to the opinion of the Monetary Committee, Whereas the German intervention agency should be made responsible for the tendering procedure in ques tion ; Whereas on 2 February 1983 the Council of the Euro pean Communities declared that by way of Commu Whereas the measures provided for in this Regulation nity action it proposed to grant Bolivia 10 000 tonnes are in accordance with the opinion of the Management of cereals under its food-aid programme for 1982 ; Committee for Cereals, Whereas Article 3 ( 1 ) of Regulation (EEC) No 2750/75 provides that when the situation on the market in cereals in a Community region is such that there is a HAS ADOPTED THIS REGULATION : danger that the intervention agency concerned will have to buy in large quantities, cereals may be mobi lized for food aid on that market in order to relieve it ; Article 1 whereas the present situation in the Federal Republic of Germany is such that this possibility should be 1 . The intervention agency mentioned in Annex I made use of ; whereas successful tenderers should hereto is hereby required to implement the mobiliza therefore be obliged to buy the cereals to be used on tion and supply of the product stated in the said the German market and the intervention agency Annex as food aid, subject to the provisions of this responsible for payment should assess the evidence Regulation . that this special obligation has been met ; 2. Supply of the products shall be organized under Whereas an invitation to tender should be issued for the tender procedure. supply of the products delivered unloaded at La Paz 3 . Annex I shall take the place of a notice of invita tion to tender. The intervention agency responsible (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 164, 14. 6 . 1982, p. 1 . shall make further publications as necessary. (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . (4) OJ No L 352, 14. 12. 1982, p. 1 . n OJ No 106, 30 . 10 . 1962, p. 2553 / 62 . 0 OJ No L 192, 26 . 7. 1980, p. 11 . (6) OJ No L 263 , 19 . 9 . 1973 , p. 1 . 8 OJ No L 334, 21 . 11 . 1981 , p . 27 .
25 . 3 . 83 Official Journal of the European Communities No L 79 / 11
Article 2 4. The intervention agency shall communicate the results of the tendering procedure to all the tenderers 1 . For the purposes of the invitation to tender, the by letter or telex sent not later than the first working following provisions of Regulation (EEC) No 1974/80 day following the award decision . shall apply :
Article 4 — Article 4, except the provisions of paragraphs 3 (e) and 4 (d) and (e), in respect of submission of 1 . The successful tenderer shall contract as neces tenders, sary, at his own expense, for carriage of the goods to — Article 5 in respect of provision of security, the final destination and shall bear all the costs — Article 6 in respect of opening and reading involved, including those of unloading and ware tenders . housing at the destination. He shall take out suitable insurance . 2 . The tender shall indicate the amount of the 2. The successful tenderer shall bear all the risks tender expressed per tonne of product, in the currency of the Member State where the tendering procedure is relating to the goods, in particular of loss or deteriora taking place . The tender must include the cost of tion to which the goods are subject, until they have fumigation, unloading and warehousing at the final effectively been unloaded and delivered to the final destination stated in Annex I. destination .
3 . The successful tenderer shall communicate as The tender shall state separately the amount of cost in soon as possible to the recipient's representaive the respect of sea and land transport to the stipulated final destination . date of loading, the means of transport used to consign the goods to the final destination and the probable The tender shall indicate the Member State in which date of arrival . He shall immediately send this infor mation to the intervention agency responsible for the tenderer, in the event of his being declared payment, which shall forward it without delay to the successful, undertakes to complete the customs export Commission . formalities . The tenderer shall advise the recipient's representative, 3. The tender shall be accompanied by an under at least three days in advance, of the probable date of taking to use for production of the common wheat arrival of the goods at the final destination. flour to be delivered under this Regulation, cereals purchased in the Federal Republic of Germany. Article 5 4. The tenderer shall carry out his obligations pursuant to this Regulation and the undertakings 1 . The intervention agency of the country of ship ment shall arrange for a check at the port, before referred to in Article 4 (4) of Regulation (EEC) No 1974/80, with the exception of subparagraphs (d) and loading, on the quantity, quality and packaging of the goods. Following inspection an attestation shall be (e) thereof. issued by the intervention agency. The costs relating thereto shall be borne by the successful tenderer. 5. The tenderer shall undertake to ship in vessels listed in the larger classes in recognized classification The successful tenderer shall provide that intervention registers, not more than 1 5 years old, and attested by a agency with a certificate from the organization which competent body as meeting hygiene requirements . undertook fumigation, showing that that operation has been carried out. Article 3 The successful tenderer shall send the supervising agency, before the quality check mentioned in Article 1 . Without prejudice to paragraphs 2 and 3, the 1 is made, evidence that the products were manufac contract shall be awarded within 48 hours to the tured from cereals purchased in the Federal Republic tenderer who has submitted the most favourable of Germany. tender . 2. Samples intended for analysis shall be taken and 2. Where the most favourable tender is submitted the inspection shall be carried out in accordance with by more than one tenderer, the intervention agency the trade practices in force in the country of shipment. shall award the contract to one of those tenderers by The successful tenderer and the recipient's representa drawing lots . tive shall be invited to take part in the operation .
3. If the tenders do not appear to be in line with Two sealed samples shall be kept by the intervention the prices normally prevailing on the market, the agency until issue by the recipient of the taking-over certificate or until issue of the certificate referred to in intervention agency may, with the agreement of the Commission , decide not to award the contract. Article 6 (2).
No L 79/ 12 25 . 3 . 83 Official Journal of the European Communities
3 . If the inspection referred to in paragraph 1 gives copy thereof, or, if this is not available, of the certifi rise to a dispute, the intervention agency shall arrange cate referred to in Article 6 (2). for a second inspection by a service different from that mentioned in paragraph 1 , the findings of which shall 4. The intervention agency is hereby authorized to be final . The costs relating thereto shall be borne by make without delay an initial payment of 80 % of the the losing party. value of the quantity given in the bill of lading, on presentation of a copy of that document, of the attesta 4. Where the inspection provided for in the pre tion referred to in Article 5 ( 1 ) and of the fumigation ceding paragraphs reveals that the goods do not satisfy certificate, and subject to the provision of a security for the requirements stipulated, they must be refused and an amount equal to the initial payment. replaced. Where some quantities are missing the successful tenderer must make up the cargo. The said security shall be provided as laid down in Article 5 (2) of Regulation (EEC) No 1974/80 . 5. If the evidence referred to in the third subpara graph of paragraph 1 is not furnished to the satisfac tion of the intervention agency the products must be Article 8 refused and replaced.
1 . The security referred to in Article 2 shall be Article 6 immediately released to :
— every tenderer whose tender was not successful or 1 . A taking-over certificate shall be issued by the was not accepted, recipient immediately following unloading at the final destination . — the successful tenderer in respect of quantities not delivered on account of force majeure, It shall state the place and date of taking over and give — the successful tenderer in respect of the quantities a description of the goods taken over in the form delivered in accordance with this Regulation and given in Annex II and any comments by the recipient. on presentation of the original of the taking-over certificate or a certified true copy thereof or, where 2. Where the taking-over certificate is not issued for appropriate, the certificate referred to in Article reasons other than a dispute about the goods, proof of 6 (2). delivery may be provided by means of a certificate of the form given in Annex II endorsed by the Commu 2. The security referred to in Article 7 (4) shall be nity representative in the country of destination . released immediately when the successful tenderer furnishes the proof in accordance with Article 6 that at Article 7 least 80 % of the quantity provided for has been delivered in conformity with the conditions laid down 1 . Payment to the successful tenderer shall be made in this Regulation . by the intervention agency of the Member State in which the customs export formalities are completed. Article 9 2. The amount to be paid shall be that of the tender plus, where appropriate, the costs referred to in Article If the successful tenderer, for reasons of force majeure, 9 . It shall be paid in the currency of the Member State has to bear exceptional costs in respect of the delivery which is responsible for payment. For this purpose made under this Regulation which cannot be covered this amount shall be converted by using : by insurance, he may receive compensation therefor on production of supporting documents and with the — where the currencies in question are maintained prior agreement of the Commission . within a maximum spread at any one time of 2,25 % , the conversion rate resulting from their central rate , Article 10 — in other cases, the relationship between the two currencies concerned established by using the Except in case of force majeure the successful tenderer latest statement of their spot exchange rates made shall bear all the financial consequences of the non immediately prior to the closing date for the delivery of the goods under the conditions laid down submission of tenders as published in the 'C' series in this Regulation if the recipient had made delivery of the Official Journal of the European Commu 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.
25 . 3 . 83 Official Journal of the European Communities No L 79/ 13
Article 11 The intervention agency in the country of shipment shall send the Commission, without delay, the results of the inspection referred to in Article 5. Articles 21 and 22 ( 1 ) and (2) of Regulation (EEC) No 1974/80 shall apply in the context of this Regulation . Article 12
The intervention agency responsible for payment shall, This Regulation shall enter into force on the day on receipt, send the information referred to in Article following its publication in the Official Journal of the 4 (3) to the Commission. European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 23 March 1983 .
For the Commission Poul DALSAGER Member of the Commission
No L 79/ 14 Official Journal of the European Communities 25 . 3 . 83
ANNEX I
1 . Programme : 1982 2. Recipient : Republic of Bolivia 3 . Place or country of destination : La Paz 4 . Products to be mobilized : common wheat flour 5. Total quantity : 7 300 tonnes ( 10 000 tonnes of cereals) 6 . Number of lots : one 7. Intervention agency responsible for conducting the procedure : Bundesanstalt für landwirtschaftliche Marktordnung (BALM), Adickesallee 40, D-6000 Frankfurt/ Main (telex 411 475) 8 . Method of mobilizing the product : the market of the Federal Republic of Germany 9. Characteristics of the goods : — flour of fair and sound merchantable quality, free from abnormal smell and pests — moisture : 14 % maximum — protein content : 1 0,5 % minimum (N x 6,25 on dry matter) — ash content : 0,62 % maximum referred to dry matter 10 . Packaging : — in bags (') : — quality of the bags : woven synthetic — net weight of the bags : 25 kg — marking on the bags (in letters at least 5 cm high) : ' HARINA DE TRIGO / DONACIÓN DE LA COMUNIDAD ECONÓMICA EUROPEA A BOLIVIA / PARA DISTRIBUCIÓN GRATUITA'
1 1 . Port of shipment : a Community port 12. Delivery stage : delivered destination — La Paz via Antofagasta 1 3 . Procedure to be applied in order to determine supply costs : tendering 14. Deadline for the submission of tenders : 12 noon on 12 April 1983
15. Shipment period : 1 to 31 May 1983 16 . Security : 15 ECU per tonne
(') Since the goods may be rebagged, the successful tenderer must provide 2 /o of empty bags of the same quality as those containing the goods, with the marking followed by a capital 'R\
25 . 3 . 83 No L 79 / 15 Official Journal of the European Communities
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.