31983R1978
No L 195/28 Official Journal of the European Communities 19 . 7 . 83
COMMISSION REGULATION (EEC) No 1978 /83 of 18 July 1983 on the delivery of common wheat flour as food aid to Swaziland
THE COMMISSION OF THE EUROPEAN manner in which the security is lodged must guarantee COMMUNITIES, that the successful tenderer complies with his obliga tions ; Having regard to the Treaty establishing the European Economic Community, Whereas, however, the specific provisions concerning delivery to destination must be set out ; whereas the Having regard to Council Regulation (EEC) No successful tenderer must thus bear all risk in the goods 2727/75 of 29 October 1975 on the common organi up to unloading at the stipulated destination ; whereas zation of the market in cereals ('), as last amended by payment can be made only when proof of delivery to the destination is provided ; Regulation (EEC) No 1451 /82 (2), and in particular Article 28 thereof, Whereas it must be made clear who is to bear any costs which arise in the event that for reasons of force Having regard to Council Regulation (EEC) No majeure the operation in question is not completed 2750/75 of 29 October 1975 laying down the condi within the period stipulated ; tions for the mobilization of cereals as food aid (3), and in particular Article 6 thereof, Whereas the British intervention agency should be made responsible for the tendering procedure in ques Having regard to Council Regulation No 129 of 23 tion ; October 1962 on the value of the unit of account and the exchange rates to be applied for the purposes of Whereas the measures provided for in this Regulation the common agricultural policy (4), as last amended by are in accordance with the opinion of the Management Regulation (EEC) No 2543/73 (*), and in particular Committee for Cereals, Article 3 thereof,
Having regard to the opinion of the Monetary HAS ADOPTED THIS REGULATION : Committee,
Article 1 Whereas on 26 April 1982 the Council of the Euro pean Communities declared that by way of Commu nity action it proposed to grant Swaziland 2 000 1 . The intervention agency mentioned in Annex I hereto is hereby required to implement the mobiliza tonnes of cereals under its 1982 food-aid programme ; 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 Regulation. tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; 2. Supply of the products shall be organized under the tender procedure. Whereas an invitation to tender should be issued for supply of the products delivered unloaded at Mbabane, 3 . Annex I shall take the place of a notice of invita in view of the final use to be made of the goods tion to tender. The intervention agency responsible delivered ; shall make further publications as necessary.
Whereas the provisions of Commission Regulation Article 2 (EEC) No 1974/80 of 22 July 1980 laying down general implementing rules in respect of certain food 1 . For the purposes of the invitation to tender, the aid operations involving cereals and rice (6), as last following provisions of Regulation (EEC) No 1974/80 amended by Regulation (EEC) No 3323/81 Q, should shall apply : be applied as far as possible, particularly in respect of the procedure for submission of tenders, since the — 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, (3) 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 Is) OJ No L 263, 19. 9 . 1973, p. 1 . tenders, (6) OJ No L 192, 26. 7. 1980, p. 11 . 0 OJ No L 334, 21 . 11 . 1981 , p. 27. — Article 8 in respect of comparing tenders.
19 . 7 . 83 Official Journal of the European Communities No L 195/29
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 1 5 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 been carried out. 1 . Without prejudice to paragraphs 2 and 3, the 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 Article 6 housing at the destination . He shall take out suitable 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 195/ 30 19 . 7 . 83 Official Journal of the European Communities
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 by insurance, he may receive compensation therefor — where the currencies in question are maintained 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.
19 . 7 . 83 Official Journal of the European Communities No L 195/31
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 18 July 1983.
For the Commission Poul DALSAGER Member of the Commission
No L 195/32 19 . 7. 83 Official Journal of the European Communities
ANNEX I
1 . Programme : 1982 2. Recipient : Swaziland 3 . Place or country of destination : Swaziland (Mbabane) 4. Products to be mobilized : common wheat flour 5. Total quantity : 1 460 tonnes (2 000 tonnes of common wheat) 6 . Number of lots : one 7. Intervention agency responsible for conducting the procedure : Intervention Board for Agricultural Produce, Fountain House, 2 Queens Walk, UK-Reading RGl 7QW, Berks (telex 848 302) 8 . Method of mobilizing the product : on the Community market 9 . Characteristics of the goods : — flour of fair and sound merchantable quality, free from abnormal smell and pests — moisture : 14 % maximum — protein content : 10,5% minimum (N x 6,25 on dry matter) — ash content : 0,62 % maximum referred to dry matter 10 . Packaging : — in new bags (') : — jute sacks of a minimum weight of 600 g, or — composite sacks jute/polypropylene of a minimum weight of 335 g — net weight of the bags : 50 kg — marking on the bags, in letters at least 5 cm high : 'WHEAT FLOUR — GIFT OF THE EUROPEAN COMMUNITIES' 1 1 . Port of shipment : a Community port 12. Delivery stage : delivered destination (Mbabane) Swaziland Union of Bakers, c/o Ministry of Commerce, Industry, Mines and Tourism, Matsapha 13 . Procedure to be applied in order to determine supply costs : tendering 14. Deadline for the submission of tenders : at 12 noon on 2 August 1983 15. Shipment period : 2 to 31 August 1983 1 6. Security : 1 2 ECU per tonne
r
(') 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\
19 . 7 . 83 No L 195/33 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.