31984R0281

No L 32/ 16 3 . 2 . 84 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 281 /84 of 1 February 1984 on the supply of various consignments of cereals and rice to the United Nations High Commissioner for Refugees (UNHCR) as food aid

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 (10), as last Economic Community, amended by Regulation (EEC) No 3323/81 ("), should Having regard to Council Regulation (EEC) No be applied as far as possible, particularly in respect of 2727/75 of 29 October 1975 on the common organi­ the procedure for submission of tenders, since the zation of the market in cereals ('), as last amended by manner in which the security is lodged must guarantee Regulation ( EEC) No 1451 /82 (2), that the successful tenderer complies with his obliga­ tions ; Having regard to Council Regulation (EEC) No 1418 /76 of 21 June 1976 on the common organization Whereas, however, the specific provisions concerning of the market in rice (3), as last amended by Regulation delivery to destination must be set out ; whereas the (EEC) No 1 74/84 (4), and in particular Article 25 successful tenderer must thus bear all risk in the goods thereof, 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 0, as Whereas it must be made clear who is to bear any amended by Regulation (EEC) No 3331 /82 (6), and in 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 implement­ ing rules for 1983 for Regulation (EEC) No 3331 /82 Whereas the measures provided for in this Regulation concerning food-aid policy and food-aid manage­ are in accordance with the opinion of the Management ment Q, Committee for Cereals, Having regard to Council Regulation No 129 of 23 October 1962 on the value of the unit of account and HAS ADOPTED THIS REGULATION : the exchange rates to be applied for the purposes of the common agricultural policy (8), as last amended by Article 1 Regulation (EEC) No 2543/73 (9), and in particular Article 3 thereof, 1 . The intervention agencies mentioned in the Annexes hereto are hereby required to implement the Having regard to the opinion of the Monetary mobilization and supply of the products stated in the Committee, said Annexes as food aid, subject to the provisions of Whereas, on 29 July 1983, the Commission of the this Regulation . European Communities decided to grant, under a 2. Supply of the products shall be organized under Community measure , 2 335 tonnes of cereals to the tender procedure. UNHCR under the food-aid programme for 1983 ; 3 . The Annexes shall take the place of a notice of Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased invitation to tender. The intervention agency respon­ sible shall make further publications as necessary. anywhere on the Community market ; Whereas an invitation to tender should be issued for Article 2 supply of the products delivered unloaded at destina­ tion in view of the final use to be made of the goods 1 . For the purposes of the invitation to tender, the delivered ; following provisions of Regulation (EEC) No 1974/80 shall apply : (') OJ No L 281 , 1 . 11 . 1975, p. 1 . — Article 4, except the provisions of paragraph 3 (e) (2) OJ No L 164, 14. 6 . 1982, p. 1 . and paragraph 4 (d) and (e), in respect of submis­ O OJ No L 166, 25. 6. 1976, p. 1 . sion of tenders, (") OJ No L 21 , 26 . 1 . 1984, p. 1 . O OJ No L 281 , 1 . 11 . 1975 , p. 89 . — Article 5 in respect of provision of security, (*) OJ No L 352, 14 . 12. 1982, p. 1 . 0 OJ No L 196, 20 . 7 . 1983 , p. 1 . (8) OJ No 106, 30 . 10 . 1962, p . 2553/62. ( 10) OJ No L 192, 26. 7 . 1980 , p . 11 . n Oj No L 263, 19 . 9 . 1973 , p. 1 . (") OJ No L 334, 21 . 11 . 1981 , p . 27 .

3 . 2 . 84 No L 32/ 17 Official Journal of the European Communities

— Article 6 in respect of opening and reading housing at the destination . He shall take out suitable insurance . tenders , — if any, Article 8 in respect of comparing tenders. 2 . The successful tenderer shall bear all the risks 2. The tender shall indicate the amount of the relating to the goods, in particular of loss or deteriora­ 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 destination . 3 . The successful tenderer shall communicate as soon as possible to the recipient's representative the The tender shall state separately the amount of cost in date of loading, the means of transport used to consign the goods to the final destination, and the probable respect of sea and land transport to the stipulated final destination . date of arrival . He shall immediately send this infor­ mation to the intervention agency responsible for The tender shall indicate the Member State in which payment, which shall forward it without delay to the Commission . the tenderer, in the event of his being declared successful, undertakes to complete the customs export formalities . The tenderer shall advise the recipient's representative, at least three days in advance, of the probable date of 3 . ' The tenderer shall carry out his obligations arrival of the goods at the final destination . pursuant to this Regulation and the undertakings referred to in Article 4 (4) of Regulation (EEC) No 1974/80, with the exception of subparagraphs (d) and A rticle 5 (e) thereof. 1 . The intervention agency of the country of ship­ 4. The tenderer shall undertake to ship in vessels ment shall arrange for a check at the port before listed in the larger classes in recognized classification loading on the quantity, quality and packaging of the registers, not more than 15 years old, and attested by a goods. Following inspection an attestation shall be competent body as meeting hygiene requirements. issued by the intervention agency. The costs relating thereto shall be borne by the successful tenderer.

Article 3 The successful tenderer shall provide that intervention agency with a certificate from the organization which 1 . Without prejudice to paragraphs 2 and 3, the undertook fumigation, showing that that operation has contract shall be awarded within 48 hours to the been carried out . tenderer who has submitted the most favourable 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 the trade practices in force in the country of shipment. by more than one tenderer, the intervention agency The successful tenderer and the recipient's representa­ shall award the contract to one of those tenderers by tive shall be invited to take part in the operation . drawing lots.

Two sealed samples shall be kept by the intervention 3 . If the tenders do not appear to be in line with 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 Article 6 (2). Commission , decide not to award the contract.

4. The intervention agency shall communicate the 3 . If the inspection referred to in paragraph 1 gives results of the tendering procedure to all the tenderers rise to a dispute, the intervention agency shall arrange by letter or telex sent not later than the first working for a second inspection by a service different from that day following the award decision . mentioned in paragraph 1 , the findings of which shall be final . The costs relating thereto shall be borne by the losing party . Article 4 4. Where the inspection provided for in the pre­ 1 . The successful tenderer shall contract as neces­ ceding paragraphs reveals that the goods do not satisfy sary, at his own expense, for carriage of the goods to the requirements stipulated, they must be refused and the final destination and shall bear all the costs replaced . Where some quantities are missing the involved, including those of unloading and ware­ successful tenderer must make up the cargo .

No L 32/ 18 3 . 2 . 84 Official Journal of the European Communities

Article 6 — the successful tenderer in respect of quantities not delivered on account of force majeure, 1 . A taking-over certificate shall be issued by the — the successful tenderer in respect of the quantities recipient immediately following unloading at the final delivered in accordance with this Regulation and destination . It shall state the place and date of taking on presentation of the original of the taking-over over and give a description of the goods taken over in certificate or a certified true copy thereof or, the form given in Annex II and any comments by the where appropriate, the certificate referred to in recipient. Article 6 (2). 2. Where the taking-over certificate is not issued for reasons other than a dispute about the goods, proof of 2. The security referred to in Article 7 (4) shall be delivery may be provided by means of a certificate of released immediately when the successful tenderer the form given in Annex II endorsed by the Commu­ furnishes the proof in accordance with Article 6 that at nity representative in the country of destination . least 80 % of the quantity provided for has been delivered in conformity with the conditions laid down in this Regulation . Article 7

1 . Payment to the successful tenderer shall be made Article 9 by the intervention agency of the Member State in which the customs export formalities are completed . If the successful tenderer, for reasons of force majeure, 2. The amount to be paid shall be that of the tender has to bear exceptional costs in respect of the delivery plus, where appropriate, the costs referred to in made under this Regulation which cannot be covered Article 9. It shall be paid in the currency of the by insurance, he may receive compensation therefor Member State which is responsible • for payment. For on production of supporting documents and with the this purpose this amount shall be converted by using : prior agreement of the Commission . — where the currencies in question are maintained within a maximum spread at any one time of Article 10 2,25 % , the conversion rate resulting from their central rate, — in other cases, the relationship between the two Except in case of force majeure the successful tenderer currencies concerned established by using the shall bear all the financial consequences of the non­ latest statement of their spot exchange rates made delivery of the goods under the conditions laid down immediately prior to the closing date for the in this Regulation if the recipient had made delivery submission of tenders as published in the 'C' series possible under such conditions. of the Official Journal of the European Commu­ nities. The costs resulting from the non-delivery of the goods following a case of force majeure shall be borne by the 3. The amount referred to in paragraph 2 shall be intervention agency responsible for payment. paid to the successful tenderer on presentation of the original of the taking-over certificate or a certified copy thereof or, if this is not available, of the certifi­ Article 11 cate referred to in Article 6 (2).

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 8 Article 12 1 . The security referred to in Article 2 shall be immediately released to : This Regulation shall enter into force on the day — every tenderer whose tender was not successful or following its publication in the Official Journal of the w;is not accepted , I. ii robed n Co m m u n itics.

3 . 2 . 84 Official Journal of the European Communities No L 32/ 19

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

Done at Brussels, 1 February 1984 . For the Commission Poul DALSAGER Member of the Commission

No L 32/20 Official Journal of the European Communities 3 . 2. 84

ANNEX la

1 . Programme : 1983 2 . Recipient : UNHCR — Uganda 3 . Place or country of destination : Kampala 4. Product to be mobilized : common wheat flour 5 . Total quantity : 500 tonnes (685 tonnes of common wheat) 6 . Number of lots : two Lot I : 250 tonnes Lot 2 : 250 tonnes 7 . Intervention agency responsible for conducting the procedure : OBEA, rue de Treves 82, B-1040 Bruxelles (telex 24 076) 8 . Method of mobilizing the product : 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 ECONOMIC COMMUNITY TO UNHCR / PROGRAMME OF ASSISTANCE IN UGANDA / KAMPALA' 1 1 . Port of shipment : a Community port 12. Delivery stage : delivered destination — Stores of UNHCR in Kampala via Mombasa (The Representative, UNHCR, PO box 3813, Kampala, Uganda) 1 3 . Procedure to be applied in order to determine supply costs : tendering 1 4. Deadline for the submission of tenders : 1 2 noon on 1 4 February 1984 1 5. Shipment period : Lot 1 : 1 to 31 March 1984 Lot 2:1 to 30 June 1984 16 . Security : 12 ECU per tonne

Notes : 1 . The successful tenderer shall forward, through the intermediary of the intervention agency, to the recipient on the latter's request and in accordance with his instructions the documents necessary for importation of the goods into the country of destination . 2 . 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 '.

3 . 2 . 84 Official Journal of the European Communities No L 32/ 21

ANNEX lb

1 . Programme : 1983 2 . Recipient : UNHCR — Uganda 3 . Place or country of destination : Kampala 4. Product to be mobilized : maize flour 5 . Total quantity : 500 tonnes (850 tonnes of cereals) 6 . Number of lots : two Lot 1 : 250 tonnes Lot 2 : 250 tonnes 7. Intervention agency responsible for conducting the procedure : Bundesanstalt für landwirtschaftliche Marktordnung (BALM), Adickeallee 40, D-6000 Frankfurt/ Main (telex 411 475) 8 . Method of mobilizing the product : on the Community market 9 . Characteristics of the goods : — maize flour ( 11.01 E I) for human consumption , of sound merchantable quality, free of odour and pests — moisture content : maximum 13 % — acidity : 0,6 % maximum 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 : 'MAIZE FLOUR / GIFT OF THE EUROPEAN ECONOMIC COMMUNITY TO UNHCR / PROGRAMME OF ASSISTANCE IN UGANDA / KAMPALA' 1 1 . Port of shipment : a Community port 12. Delivery stage : delivered destination — Stores of UNHCR in Kampala via Mombasa (The Representative, UNHCR, PO box 3813, Kampala, Uganda) 13 . Procedure to be applied in order to determine supply costs : tendering 14. Deadline for the submission of tenders : 12 noon on 14 February 1984 15. Shipment period : Lot 1 : 1 to 31 March 1984 Lot 2:1 to 30 June 1984 16. Security : 12 ECU per tonne

Notes : 1 . The successful tenderer shall forward, through the intermediary of the intervention agency, to the recipient on the latter's request and in accordance with his instructions the documents necessary for importation of the goods into the country of destination . 2. 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'.

No L 32/22 Official Journal of the European Communities 3 . 2 . 84

ANNEX Ic

1 . Programme : 1983 2. Recipient : UNHCR — Zaire 3 . Place or country of destination : Aru via Mombasa 4 . Product to be mobilized : maize flour 5 . Total quantity : 300 tonnes (510 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 : on the Community market 9 . Characteristics of the goods : — maize flour ( 11.01 E I) for human consumption, of sound merchantable quality, free of odour and pests — moisture content : maximum 1 3 % — acidity : 0,6 % maximum 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) : ' FARINE DE MAÏS / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE / À DISTRIBUER GRATUITEMENT / ACTION HUMANITAIRE DE L'UNHCR POUR RÉFUGIÉS AU ZAÏRE / ARU VIA MOMBASA' 1 1 . Port of shipment : a Community port 1 2. Delivery stage : delivered destination — Stores of UNHCR in Aru via Mombasa (M. le Délégué regional, UNHCR, BP 7248 , Kinshasa, Zaire) 1 3 . Procedure to be applied in order to determine supply costs : tendering 14. Deadline for the submission of tenders : 12 noon on 14 February 1984 15 . Shipment period : 1 to 31 March 1984 16 . Security : 1 2 ECU per tonne

Notes : 1 . The successful tenderer shall forward, through the intermediary of the intervention agency, to the recipient on the latter's request and in accordance with his instructions the documents necessary for importation of the goods into the country of destination . 2. 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\

3 . 2 . 84 No L 32/23 Official Journal of the European Communities

ANNEX Id

1 . Programmes : 1983 2. Recipient : UNHCR — Central African Republic 3 . Place or country of destination : Bangui via Douala 4. Product to be mobilized : fully milled long grain rice 5 . Total quantity : 100 tonnes (290 tonnes of cereals) 6 . Number of lots : one 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 the goods : — rice of fair and sound merchantable quality, free from abnormal smell and pests — moisture : 1 5 % — broken rice : 5 % maximum —r 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 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 : 'RIZ / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE / PROGRAMME DE L'UNHCR EN FAVEUR DES RÉFUGIÉS EN RÉPUBLIQUE CENTRAFRICAINE / DISTRIBUTION GRATUITE / BANGUI VIA DOUALA' 1 1 . Port of shipment : a Community port 1 2. Delivery stage : delivered destination — Stores of UNHCR in Bangui via Douala (Le Chef de la Sous-délégation du HCR à Bangui, c/o PNUD, BP 872, Bangui, République Centrafricaine) 13 . Procedure to be applied in order to determine supply costs : tendering 14. Deadline for the submission of tenders : 12 noon on 13 February 3984 15 . Shipment period : 1 to 31 March 1984 1 6 . Security : 1 2 ECU per tonne

Notes : 1 . The successful tenderer shall forward, through the intermediary of the intervention agency, to the recipient on the latter's request and in accordance with his instructions the documents necessary for importation of the goods into the country of destination . 2. 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'.

No L 32/ 24 3 . 2 . 84 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

The quality of the goods delivered is in accordance with that fixed in the invitation to tender.