31983R3406

No L 337/28 2. 12. 83 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 3406/83 of 30 November 1983 on delivery of common wheat as food aid to the Kingdom of Lesotho

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 aid operations involving cereals and rice (8), as last Having regard to the Treaty establishing the European 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 manner in which the security is lodged must guarantee 2727/75 of 29 October 1975 on the common organi­ that the successful tenderer complies with his obliga­ zation of the market in cereals ('), as last amended by tions ; Regulation (EEC) No 1451 /82 (2),

Whereas, however, the specific provisions concerning Having regard to Council Regulation (EEC) No delivery to destination must be set out ; whereas the 2750/75 of 29 October 1975 fixing criteria for the successful tenderer must thus bear all risk in the goods mobilization of cereals intended as food aid (3), as up to unloading at the stipulated destination ; whereas amended by Regulation (EEC) No 3331 /82 (4), and in payment can be made only when proof of delivery to particular Article 6 thereof, the destination is provided ;

Having regard to Council Regulation (EEC) No Whereas it must be made clear who is to bear any 1992/83 of 11 July 1983 laying down the implemen­ costs which arise in the event for reasons of force ting rules for 1983 for Regulation (EEC) No 3331 /82 majeure the operations in question is not completed concerning food-aid policy and food-aid manage­ within the period stipulated ; ment o,

Whereas the German intervention agency should be Having regard to Council Regulation No 129 of 23 made responsible for the tendering procedure in ques­ October 1962 on the value of the unit of account and tion ; the exchange rates to be applied for the purposes of the common agricultural policy (6), as last amended by Whereas the measures provided for in this Regulation Regulation (EEC) No 2543/73 Q, and in particular are in accordance with the opinion of the Management Article 3 thereof, Committee for Cereals,

Having regard to the opinion of the Monetary Committee,

HAS ADOPTED THIS REGULATION : Whereas on 29 July 1983 the Commission of the European Communities decided to grant by way of Community action 6 000 tonnes of cereals to Lesotho Article 1 under the 1983 food-aid programme ;

Whereas pursuant to Article 3 (2) of Council Regula­ 1 . The intervention agency mentioned in Annex I tion (EEC) No 2750/75 intervention products may be hereto is hereby required to implement the mobiliza­ utilized ; tion and supply of the product stated in the said 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 Maseru via Durban , in view of the final use to be made of the 2. Supply of the products shall be organized by goods delivered ; tendering procedure.

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 (2) OJ No L 164, 14. 6 . 1982, p. 1 . 0 OJ No L 281 , 1 . 11 . 1975, p. 89 . shall make further publications as necessary. o OJ No L 352, 14. 12. 1982, p. 1 . 0 OJ No L 196, 20 . 7 . 1983, p. 1 . (6) 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.

2 . 12. 83 Official Journal of the European Communities No L 337/29

Article2¶

1 . The intervention agency of the country of ship­ 1 . Without prejudice to the specific provisions of ment shall arrange for a check at the port before this Regulation the provisions of Articles 4, 5, 6 and 7 loading on the quantity, quality and packaging of the of Regulation (EEC) No 1974/80 shall apply to the goods. Following inspection an attestation shall be tendering procedure. issued by the intervention agency. The costs relating thereto shall be borne by the successful tenderer. 2. The tender must include the cost of fumigation, unloading and warehousing at the final destination The successful tenderer shall provide that intervention stated in Annex I. agency with a certificate from the organization which undertook fumigation, showing that that operation has been carried out. Tenders shall state separately the amount of cost in respect of sea and land transport to the stipulated final destination . 2. Samples intended for analysis shall be taken and the inspection shall be carried out in accordance with Tenders shall indicate the Member State in which the the trade practices in force in the country of shipment. The successful tenderer and the recipient's representa­ tenderer, in the event of his being declared successful, tive shall be invited to take part in the operation. undertakes to complete the customs export formalities.

Two sealed samples shall be kept by the intervention 3 . The tenderer shall carry out his obligations agency until issue by the recipient of the taking-over pursuant to this Regulation and the undertakings certificate or until issue of the certificate referred to in referred to in Article 4 (4) of Regulation (EEC) No Article 5 (2). 1974/80 . 3. If the inspection referred to in paragraph 1 gives 4. The tenderer shall undertake to ship in vessels rise to a dispute, the intervention agency shall arrange listed in the larger classes in recognized classification for a second inspection by a service different from that registers, not more than 1 5 years old, and attested by a mentioned in paragraph 1 , the findings of which shall competent body as meeting hygiene requirements. be final. The costs relating thereto shall be borne by the losing party.

4. Where the inspection provided for in the prece­ Article 3 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 5 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 tion to which the goods are subject, until they have over and give a description of the goods taken over in effectively been unloaded and delivered to the final the form given in Annex II and any comments by the destination . recipient.

3 . The successful tenderer shall communicate as 2. Where the taking-over certificate is not issued for soon as possible to the recipient's representative the reasons other than a dispute about the goods, proof of date of loading, the means of transport used to consign delivery may be provided by means of a certificate of the goods to the final destination, and the probable the form given in Annex II endorsed by the Commu­ date of arrival. He shall immediately send this infor­ nity representative in the country of destination. mation to the intervention agency responsible for payment, which shall forward it without delay to the Commission . Article 6

The tenderer shall advise the recipient's representative, 1 . Payment to the successful tenderer shall be made at least three days in advance, of the probable date of by the intervention agency of the Member State which arrival of the goods at the final destination. held the intervention products.

No L 337/ 30 2. 12. 83 Official Journal of the European Communities

2. The amount to be paid shall be that of the tender appropriate, the certificate referred to in Article plus, where appropriate, the costs referred to in Article 5(2). 8 . It shall be paid in the currency of the Member State 2. The security referred to in Article 6(4) shall be which is responsible for payment. For this purpose released immediately when the successful tenderer this amount shall be converted by using : furnishes the proof in accordance with Article 5 that at — where the currencies in question are maintained least 80 % of the quantity provided for has been deli­ within a maximum spread at any one -time of vered in conformity with the conditions laid down in 2,25 % , the conversion rate resulting from their this Regulation. central rate, — in other cases, the relationship between the two Article 8 currencies concerned established by using the If the successful tenderer, has to bear exceptional costs latest statement of their sport exchange rates made in respect of the delivery made under this Regulation immediately prior to the closing date for the which cannot be covered by insurance, he may receive submission of tenders as published in the 'C' series compensation therefor on production of supporting of the Official Journal of the European Commu­ nities. documents and with the prior agreement of the Commission . 3 . The amount referred to in paragraph 2 shall be paid to the successful tenderer on presentation of the Article 9 original of the taking-over certificate or a certified copy thereof, or, if this is not available, of the certifi­ Except in case of force majeure the successful tenderer cate referred to in Article 5 (2). shall bear all the financial consequences of the non­ delivery of the goods under the conditions laid down 4. The intervention agency is hereby authorized to in this Regulation if the recipient had made delivery make without delay an initial payment of 80 % of the possible under such conditions. value of the quantity given in the bill of lading, on The costs resulting from the non-delivery of the goods presentation of a copy of that document, of the attesta­ following a case of force majeure shall be borne by the tion referred to in Article 4(1 ) and of the fumigation intervention agency responsible for payment. certificate, and subject to the provision of a security for an amount equal to the initial payment. Article 10 The said security shall be provided as laid down in Article 5 (2) of Regulation (EEC) No 1974/80. Articles 21 and 22 (1 ) and (2) of Regulation (EEC) No 1974/80 shall apply in the context of this Regulation. Article 7 The intervention agency responsible for payment shall, on receipt, send the information referred to in Article 1 . The security referred to in Article 2 shall be 3 (3) to the Commission. immediately released to : The intervention agency in the country of shipment — every tenderer whose tender was not successful or shall send the Commission, without delay, the results was not accepted, of the inspection referred to in Article 4. — the successful tenderer in respect of quantities not delivered on account of force majeure, Article 11 — the successful tenderer in respect of the quantities delivered in accordance with this Regulation and This Regulation shall enter into force on the day on presentation of the original of the taking-over following its publication in the Official Journal of the certificate or a certified true copy thereof or, where European Communities.

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

Done at Brussels, 30 November 1983.

For the Commission Poul DALSAGER Member of the Commission

2 . 12 . 83 No L 337/31 Official Journal of the European Communities

ANNEX I

1 . Programme : 1983 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 : Bundesanstalt für landwirtschaftliche Marktordnung (BALM), Adickesallee 40, D-6000 Frankfurt/ Main (telex 411 475) 8 . Method of mobilizing the product : intervention 9 . Characteristics of the goods : the common wheat must be of fair and sound merchantable quality and correspond at least to the minimum bread-making quality required for intervention (humidity : 14 %) 10 . Packaging : in bulk 1 1 . 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 13 December 1983 16. Shipment period : 1 to 31 January 1984 17. Security : 6 ECU per tonne Note : The successful tenderer shall send a copy of the shipping documents to the following address : Commission Delegation in Lesotho, c/o 'Diplomatic Bag', Berlaymont 1 / 123, rue de la Loi, 200, B-1049 Brussels .

No L 337/32 Official Journal of the European Communities 2. 12. 83

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.

2 . 12. 83 Official Journal of the European Communities No L 337/33

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 Nome e indirizzo del detentore Luogo di accantonamento Tonnellaggio Nummer van de partij Hoeveelheid (t) Naam en adres van de depothouder Adres van de opslagplaats

1 6 000 L.W. Cretschmar GmbH und Co . KG Franziusstraße 2 Postfach 9 109 Nr. 051 112 4000 Düsseldorf 1 Moenchen