31983R2778

No L 273/ 14 6 . 10 . 83 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2778/83 of 4 October 1983 on delivery of common wheat flour as food aid to the Central African Republic

THE COMMISSION OF THE EUROPEAN Whereas the provisions of Commission Regulation COMMUNITIES, (EEC) No 1974/80 of 22 July 1980 laying down general implementing rules in respect of certain food Having regard to the Treaty establishing the European aid operations involving cereals and rice (8), as last Economic Community, amended by Regulation (EEC) No 3323/81 (9), should be applied as far as possible, particularly in respect of the procedure for submission of tenders, since the Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organi­ manner in which the security is lodged must guarantee zation of the market in cereals ('), as last amended by that the successful tenderer complies with his obliga­ tions ; Regulation (EEC) No 1451 /82 (2),

Having regard to Council Regulation (EEC) No Whereas, however, the specific provisions concerning delivery to destination must be set out ; whereas the 2750/75 of 29 October 1975 fixing criteria for the mobilization of cereals intended as food aid (3), as successful tenderer must thus bear all risk in the goods amended by Regulation (EEC) No 3331 /82 (4), and in up to unloading at the stipulated destination ; whereas particular Article 6 thereof, payment can be made only when proof of delivery to the destination is provided ; Having regard to Council Regulation (EEC) No 1992/83 of 11 July 1983 laying down the implemen­ Whereas it must be made clear who is to bear any ting rules for 1983 for Regulation (EEC) No 3331 /82 costs which arise in the event for reasons of force concerning food-aid policy and food-aid manage­ majeure the operations in question is not completed ment (*), within the period stipulated ;

Having regard to Council Regulation No 129 of 23 Whereas the French intervention agency should be October 1962 on the value of the unit of account and made responsible for the tendering procedure in ques­ the exchange rates to be applied for the purposes of tion ; the common agricultural policy (*), as last amended by Regulation (EEC) No 2543/73 f), and in particular Whereas the measures provided for in this Regulation Article 3 thereof, are in accordance with the opinion of the Management Committee for Cereals, Having regard to the opinion of the Monetary Committee,

Whereas on 29 July 1983 the Commission of the HAS ADOPTED THIS REGULATION : European Communities decided to grant by way of Community action 1 000 tonnes of cereals to the Central African Republic under the 1983 food-aid Article 1 programme ;

1 . The intervention agency mentioned in Annex I Whereas pursuant to Article 3 (3) of Council Regula­ hereto is hereby required to implement the mobiliza­ tion (EEC) No 2750/75 the goods may be purchased tion and supply of the product stated in the said anywhere on the Community market ; Annex as food aid, subject to the provisions of this Regulation. Whereas an invitation to tender should be issued for supply of the products delivered unloaded at Bangui via Douala in view of the final use to be made of the 2. Supply of the products shall be organized by tendering procedure. goods delivered ;

3 . Annex I shall take the place of a notice of invita­ (') OJ No L 281 , 1 . 11 . 1975, p. 1 . tion to tender. The intervention agency responsible I1) OJ No L 164, 14. 6. 1982, p. 1 . (3) OJ No L 281 , 1 . 11 . 1975, p. 89. shall make further publications as necessary. (4) OJ No L 352, 14. 12. 1982, p. 1 . n OJ No L 196, 20 . 7. 1983, p. 1 . 0s) OJ No 106, 30 . 10. 1962, p. 2553/62. (8) OJ No L 192, 26. 7. 1980, p. 11 . 0 OJ No L 263, 19 . 9 . 1973, p. 1 . 0 OJ No L 334, 21 . 11 . 1981 , p. 27.

6 . 10 . 83 No L 273/ 15 Official Journal of the European Communities

Article2¶

1 . Without prejudice to the specific provisions of 1 . The successful tenderer shall contract as neces­ this Regulation the provisions of Articles 4, 5, 6 and 7 sary, at his own expense, for carriage of the goods to of Regulation (EEC) No 1974/80 shall apply to the the final destination and shall bear all the costs tendering procedure. involved, including those of unloading and ware­ housing at the destination. He shall take out suitable 2. The tender must include the cost of fumigation, insurance . unloading and warehousing at the final destination stated in Annex I. 2. The successful tenderer shall bear all the risks relating to the goods, in particular of loss or deteriora­ Tenders shall state separately the amount of cost in tion to which the goods are subject, until they have respect of sea and land transport to the stipulated final effectively been unloaded and delivered to the final destination . destination .

Tenders shall indicate the Member State in which the 3 . The successful tenderer shall communicate as tenderer, in the event of his being declared successful, soon as possible to the recipient's representative the undertakes to complete the customs export formalities. date of loading, the means of transport used to consign the goods to the final destination, and the probable 3. The tenderer shall carry out his obligations date of arrival. He shall immediately send this infor­ pursuant to this Regulation and the undertakings mation to the intervention agency responsible for referred to in Article 4 (4) of Regulation (EEC) No payment, which shall forward it without delay to the 1974/80 . Commission . 4. The tenderer shall undertake to ship in vessels The tenderer shall advise the recipient's representative, listed in the larger classes in recognized classification at least three days in advance, of the probable date of registers, not more than 15 years old, and attested by a arrival of the goods at the final destination. competent body as meeting hygiene requirements.

Article3¶

1 . For the purpose of comparing tenders each 1 . The intervention agency of the country of ship­ tender shall be corrected by the monetary compensa­ ment shall arrange for a check at the port before tory amount, if any, applicable on the closing date for loading on the quantity, quality and packaging of the the submission of tenders to exports from the Member goods. Following inspection an attestation shall be State specified in the tender in accordance with the issued by the intervention agency. The costs relating third subparagraph of Article 2 (2). thereto shall be borne by the successful tenderer.

The correction shall be made by : The successful tenderer shall provide that intervention agency with a certificate from the organization which — increasing the tenders specifying a Member State undertook fumigation, showing that that operation has with negative monetary compensatory amounts, been carried out. — reducing the tenders specifying a Member State with positive monetary compensatory amounts. 2. Samples intended for analysis shall be taken and the inspection shall be carried out in accordance with 2. The monetary compensatory amount shall, where the trade practices in force in the country of shipment. appropriate, be converted into the currency of the The successful tenderer and the recipient's representa­ Member State in which the tendering procedure is tive shall be invited to take part in the operation. opened by using :

— where the currencies in question are maintained Two sealed samples shall be kept by the intervention within a maximum spread at any one time of agency until issue by the recipient of the taking-over 2,25 % , the conversion rate resulting from their certificate or until issue of the certificate referred to in central rate, Article 6 (2). — in other cases, the relationship between the two currencies concerned established by using the 3 . If the inspection referred to in paragraph 1 gives latest statement of their spot exchange rates made rise to a dispute, the intervention agency shall arrange immediately prior to the closing date for the for a second inspection by a service different from that submission of tenders as published in the 'C series mentioned in paragraph 1 , the findings of which shall of the Official Journal of the European Commu­ be final. The costs relating thereto shall be borne by nities. the losing party.

No L 273/ 16 Official Journal of the European Communities 6 . 10 . 83

4. Where the inspection provided for in the prece­ — every tenderer whose tender was not successful or ding paragraphs reveals that the goods do not satisfy was not accepted, the requirements stipulated, they must be refused and — the successful tenderer in respect of quantities not replaced. Where some quantities are missing the delivered on account of force majeure, successful tenderer must make up the cargo. — the successful tenderer in respect of the quantities delivered in accordance with this Regulation and on presentation of the original of the taking-over Article 6 certificate or a certified true copy thereof or, where appropriate, the certificate referred to in Article 6 (4 1 . A taking-over certificate shall be issued by the recipient immediately following unloading at the final destination. It shall state the place and date of taking 2. The security referred to in Article 7 (4) shall be released immediately when the successful tenderer over and give a description of the goods taken over in furnishes the proof in accordance with Article 6 that at the form given in Annex II and any comments by the recipient. least 80 % of the quantity provided for has been deli­ vered in conformity with the conditions laid down in this Regulation . 2. Where the taking-over certificate is not issued for reasons other than a dispute about the goods, proof of delivery may be provided by means of a certificate of Article 9 the form given in Annex II endorsed by the Commu­ nity representative in the country of destination . If the successful tenderer, has to bear exceptional costs in respect of the delivery made under this Regulation which cannot be covered by insurance, he may receive Article 7 compensation therefor on production of supporting documents and with the prior agreement of the Commission . 1 . Payment to the successful tenderer shall be made by the intervention agency of the Member State in which the customs export formalities are completed. Article 10

2. The amount to be paid shall be that of the tender Except in case of force majeure the successful tenderer plus, where appropriate, the costs referred to in Article shall bear all the financial consequences of the non­ 9 . It shall be paid in the currency of the Member State delivery of the goods under the conditions laid down which is responsible for payment. For this purpose in this Regulation if the recipient had made delivery this amount shall be converted by using the method possible under such conditions. indicated in Article 3 (2). The costs resulting from the non-delivery of the goods 3. The amount referred to in paragraph 2 shall be following a case of force majeure shall be borne by the paid to the successful tenderer on presentation of the intervention agency responsible for payment. original of the taking-over certificate or a certified 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 shall send the Commission, without delay, the results The said security shall be provided as laid down in of the inspection referred to in Article 5. Article 5 (2) of Regulation (EEC) No 1974/80.

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.

6 . 10 . 83 No L 273 / 17 Official Journal of the European Communities

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

Done at Brussels, 4 October 1983 . For the Commission Poul DALSAGER Member of the Commission

No L 273/ 18 Official Journal of the European Communities 6 . 10 . 83

ANNEX I

1 . Programme : 1983 2. Recipient : Central African Republic 3 . Place or country of destination : Bangui 4. Product to be mobilized : common wheat flour 5 . Total quantity : 730 tonnes (1 000 tonnes of cereals) 6 . Number of lots : one 7. Intervention agency responsible for conducting the procedure : Office national interprofessionnel des céréales (ONIC), 21 , avenue Bosquet, F-75007 Paris (telex 270 807 OFIBLE F). 8 . Method of mobilizing the product : intervention 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 (') : — composite sacks jute/polypropylene of a minimum weight of 375 g — net weight of the bags : 68 kg — marking on the bags (in letters at least 5 cm high) : 'FARINE DE FROMENT / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EURO­ PÉENNE À LA RÉPUBLIQUE CENTRAFRICAINE'

11 . Port of shipment : a Community port 12. Delivery stage : delivered destination — Bangui — stores of the SICPAD in the port of Bangui — via Douala 13 . Procedure to be applied in order to determine supply costs : tendering 14. Deadline for the submission of tenders : 12 noon on 18 October 1983 15. Shipment period : 1 to 30 November 1983 16. Security : 12 ECU per tonne

(') 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\

6 . 10 . 83 No L 273/ 19 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 in the invitation to tender.

No L 273/20 Official Journal of the European Communities 6 . 10 . 83

BILAG III — ANHANG III — ΠΑΡΑΡΤΗΜΑ III — ANNEX III — ANNEXE III — ALLEGA TO III — BIJLAGE III

Partiets nummer Mængde (t) Lagerindehaverens navn og adresse Lagerplads Nummer der Partie Menge (t) Name und Adresse des Lagerhalters Ort der Lagerhaltung Αριθμός παρτίδων Τόνοι Όνομα και διεύθυνση εναποθηκευτού Τόπος αποθηκεύσεως Number of lot Tonnage Address of store Town at which stored Numéro du lot Tonnage Nom et adresse du stockeur • Lieu de stockage Numero della partita Tonnellaggio Nome e indirizzo del detentore Luogo di accantonamento Nummer van de partij Hoeveelheid (t) Naam en adres van de depothouder Adres van de opslagplaats

1 1 000 UNCAC Silo UNCAC 83, avenue de la Grande Armée Avenue Becquerel 75782 Paris Cedex 16 51000 Châlons-sur-Marne