31984R0121
No L 16/ 14 19 . 1 . 84 Official Journal of the European Communities
COMMISSION REGULATION ( EEC) No 121 /84 of 17 January 1984 on delivery of milled long grain rice as food aid for the Republic of Mali
THE COMMISSION OF THE EUROPEAN amended by Regulation (EEC) No 3323/81 ('), should COMMUNITIES, be applied as far as possible, particularly in respect of the procedure for submission of tenders, since the Having regard to the Treaty establishing the European manner in which the security is lodged must guarantee Economic Community, that the successful tenderer complies with his obliga Having regard to Council Regulation (EEC) No tions ; 1418/76 of 21 June 1976 on the common organization Whereas, however, the specific provisions concerning of the market in rice ('), as last amended by Regulation delivery to destination must be set out ; whereas the (EEC) No 1566/83 (2), and in particular Article 25 thereof, successful tenderer must thus bear all risk in the goods up to unloading at the stipulated destination ; whereas Having regard to Council Regulation (EEC) No payment can be made only when proof of delivery to 2750/75 of 29 October 1975 fixing criteria for the the destination is provided ; mobilization of cereals intended as food aid (3), as amended by Regulation (EEC) No 3331 /82 (*), and in Whereas it must be made clear who is to bear any costs which arise in the event that for reasons of force particular Article 6 thereof, majeure the operation in question is not completed Having regard to Council Regulation (EEC) No within the period stipulated ; 1992/83 of 11 July 1983 laying down the implemen ting rules for 1983 for Regulation (EEC) No 3331 /82 Whereas the Italian intervention agency should be concerning food-aid policy and food-aid manage made responsible for the tendering procedure in ques ment (*), tion ; Having regard to Council Regulation No 129 of 23 Whereas the measures provided for in this Regulation October 1962 on the value of the unit of account and are in accordance with the opinion of the Management the exchange rates to be applied for the purposes of Committee for Cereals, the common agricultural policy (*), as last amended by Regulation (EEC) No 2543/73 f), and in particular HAS ADOPTED THIS REGULATION : Article 3 thereof, Having regard to the opinion of the Monetary Article 1 Committee, 1 . The intervention agency mentioned in Annex I Whereas, on 29 July 1983, the Commission of the hereto is hereby required to implement the mobiliza European Communities decided to grant, under a tion and supply of the product stated in the said Community measure, 15 000 tonnes of cereals to the Annex as food aid, subject to the provisions of this Republic of Mali under the food-aid programme for Regulation. 1983 ; 2. Supply of the products shall be organized under Whereas pursuant to Article 3 (3) of Council Regula the tender procedure. tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; 3. Annex I shall take the place of a notice of invita tion to tender. The intervention agency responsible Whereas an invitation to tender should be issued for shall make further publications as necessary. supply of the products delivered unloaded at Gao and Tombouctou via Lome in view of the final use to be Article 2 made of the goods delivered ; Whereas the provisions of Commission Regulation 1 . For the purposes of the invitation to tender, the following provisions of Regulation (EEC) No 1974/80 (EEC) No 1974/80 of 22 July 1980 laying down shall apply : general implementing rules in respect of certain food aid operations involving cereals and rice (8), as last — 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 166, 25. 6. 1976, p. 1 . (2) OJ No L 163, 22. 6. 1983, p. 5. — Article 5 in respect of provision of security, (3) OJ No L 281 , 1 . 11 . 1975, p. 89. {*) OJ No L 352, 14. 12. 1982, p. 1 . — Article 6 in respect of opening and reading O OJ No L 196, 20 . 7 . 1983 , p. 1 . tenders . («) OJ No 106, 30 . 10 . 1962, p. 2553/62. 0 OJ No L. 263, 19. 9. 1973, p. 1 . (« OJ No L 192, 26. 7. 1980, p. 11 . 0 OJ No L 334, 21 . 11 . 1981 , p. 27.
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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 Article 5 referred to in Article 4 (4) of Regulation (EEC) No 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 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 certificate or until issue of the certificate referred to in 3 . If the tenders do not appear to be in line with 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 pre Article 4 ceding 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 16/ 16 19 . 1 . 84 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, nity representative in the country of destination. where 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 If the successful tenderer, for reasons of force majeure, Member State which is responsible for payment. For has to bear exceptional costs in respect of the delivery this purpose 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.
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This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 17 January 1984.
For the Commission Poul DALSAGER Member of the Commission
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No L 16/ 18 19 . 1 . 84 Official Journal of the European Communities
ANNEX I
1 . Programme : 1983 2. Recipient : Republic of Mali 3. Place or country of destination : Republic of Mali 4. Product to be mobilized : milled long grain rice 5. Total quantity : 5 175 tonnes ( 15 000 tonnes cereals) 6. Number of lots : one, in two parts (No 1 — 2 500 tonnes for Gao / No 2 — 2 675 tonnes for Tombouctou) 7. Intervention agency responsible for conducting the procedure : Ente nazionale risi, piazza Pio XI, 1 , I-Milano (telex 334 032) 8 . Method of mobilizing the product : the Community market 9. Characteristics of die goods : — rice of fair and sound merchantable quality, free from abnormal smell and pests — - moisture : 1 5 % — broken rice : 5 % maximum — chalky grains : 5 % maximum — grains striated with red : 3 % maximum — spotted grains : 1,5 % maximum — stained grains : 1 % maximum — yellow grains : 0,050 % maximum — amber grains : 0,20 % maximum 10. Packaging : — in bags (') — quality of the bags : new jute sacks, 600 g — net weight of the bags : 50 kg — marking of the bags (in letters at least 5 cm high): 'RIZ / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE AU MALI*
11 . Port of shipment : a Community port 1 2. Delivery stage : delivered destination — Centre de stockage de 1 OPAM : 1 . 2 500 tonnes Gao, via Lome 2. 2 675 tonnes Tombouctou, via Lomé 13. Procedure to be applied in order to determine supply costs : tendering 14. Deadline for die submission of tenders : 30 January 1984 at 12 noon 15. Shipment period : 1 to 31 March 1984 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\
19 . 1 . 84 Official Journal of the European Communities No L 16/ 19
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.