31984R0328

No L 38 / 12 Official Journal of the European Communities 9 . 2 . 84

COMMISSION REGULATION ( EEC) No 328 /84 of 8 February 1984 on delivery of common wheat flour to the Central African Republic as food aid

THE COMMISSION OF THE EUROPEAN Whereas the provisions applicable in this case should, COMMUNITIES, as far as possible, be the same as those of Commission Regulation (EEC) No 1974/80 of 22 July 1980 laying Having regard to the Treaty establishing the European down general implementing rules in respect of certain Economic Community, food-aid operations involving cereals and rice (8), as last amended by Regulation (EEC) No 3323/8 1 (9) ; Having regard to Council Regulation (EEC) No whereas this applies particularly in respect of the 2727/75 of 29 October 1975 on the common organi­ procedure for submission of tenders, since the manner zation of the market in cereals ('), as last amended by in which the security is lodged must guarantee that Regulation (EEC) No 1451 /82 (2), the contractor complies with his obligations and that, prior to loading, the goods satisfy the requirements Having regard ro Council Regulation (EEC) No stipulated ; 2750/75 of 29 October 1975 fixing criteria for the mobilization of cereals intended as food aid (3), as Whereas, however, the specific provisions concerning amended by Regulation (EEC) No 3331 /82 (4), and in delivery to destination must be set out ; whereas the particular Article 6 thereof, contractor 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 1992/83 of 11 July 1983 laying down the imple­ the destination is provided ; menting rules for 1983 for Regulation (EEC) No 3331 /82 concerning food-aid policy and food-aid Whereas it must be made clear who is to bear any management (*), costs which arise where, for reasons of force majeure, the operation in question is not completed within the Having regard to Council Regulation No 129 of 23 period stipulated ; 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 (6), as last amended by are in accordance with the opinion of the Management Regulation (EEC) No 2543/73 Q, and in particular Committee for Cereals, Article 3 thereof,

Having regard to the opinion of the Monetary Committee, HAS ADOPTED THIS REGULATION :

Whereas on 29 July 1983 the Commission decided to Article 1 grant, by way of Community action, 1 000 tonnes of cereals to the Central African Republic under the 1983 food-aid programme ; 1 . The intervention agency referred to in Annex I is hereby required to implement the mobilization and Whereas, pursuant to Article 3 (3) of Regulation (EEC) supply as food aid of the product stated in the said No 2750/75, the goods may be purchased anywhere Annex, in accordance with the provisions of this on the Community market ; Regulation .

Whereas consideration should be given to having the 2. Supply of the product shall be organized by products delivered to the place of destination, in view direct-award procedure. The intervention agency desig­ of the final use to be made of them ; nated for the purpose shall, after ensuring competition from several tenderers, conclude the contract on the Whereas, because of the urgency of the matter, a basis of the most favourable terms in relation to prices direct-award procedure should be used ; on the market.

3. The intervention agency shall immediately send (') OJ No 1 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 164, 14. 6 . 1982, p. 1 . to the Commission a copy of the contract concluded (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . in accordance with the direct-award procedure . (") OJ No L 352, 14. 12. 1982, p. 1 . (5) 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.

9 . 2 . 84 No L 38 / 13 Official Journal of the European Communities

Article 2 —^ reducing the tenders specifying a Member State with positive monetary compensatory amounts. 1 . A tender shall be valid only if it indicates : 2. The monetary compensatory amount shall, where (a) the number of this Regulation ; appropriate, be converted into the currency of the Member State in which the tendering procedure is (b) the name and address of the tenderer ; opened by using : (c) a single port of shipment selected from the — where the currencies in question are maintained Community ports accessible to sea-going vessels ; within a maximum spread at any one time of 2,25 % , the conversion rate resulting from their (d) the amount of the tender, expressed per tonne of central rate, product in the currency of the Member State where — in other cases, the relationship between the two the intervention agency referred to in Article 1 is situated . That amount shall include the cost of currencies concerned established by using the latest statement of their spot exchange rates made unloading and warehousing at the final destination immediately prior to the closing date for the specified in Annex I ; submission of tenders as published in the 'C' series (e) separately, the cost of sea and land transport to the of the Official Journal of the European Commu­ nities. ^ final destination ;

(f) the Member State in which the tenderer, in the event of his being awarded the contract, undertakes Article 4 to complete the customs export formalities. 1 . The contractor shall contract as necessary for 2. In addition, the tender must be accompanied by carriage of the goods to the final destination and shall an undertaking on the part of the tenderer that, in the bear all the costs involved, including those of un­ event of his being awarded the contract, he will : loading and warehousing at the destination. He shall take out suitable insurance . (a) fulfil his obligations as laid down in this Regula­ tion ; 2. The contractor shall bear all the risks relating to the goods, in particular of loss or deterioration to (b) lodge the security specified in Annex I. The secu­ which the goods are subject, until they have effectively rity shall be furnished, at the option of the been unloaded and delivered to the final destination . tenderer, in cash or in the form of a guarantee given by a credit establishment which satisfies the 3 . The contractor shall communicate as soon as criteria laid down by the Member State in which the intervention agency is situated ; possible to the recipient's representative the date of loading, the means of transport used to consign the (c) apply as soon as possible for an export licence as goods to the final destination and the probable date of laid down in Article 6 of Commission Regulation arrival. He shall immediately send this information to (EEC) No 2042/75 (■); the intervention agency responsible for payment, which shall forward it without delay to the Commis­ (d) transport the goods by sea in vessels listed in the sion . larger classes in recognized classification registers, not more than 15 years old, and attested by a The contractor shall advise the recipient's representa­ competent body as meeting hygiene requirements. tive, at least three days in advance, of the probable date of arrival of the goods at the final destination .

Article 3 Article 5 1 . For the purpose of comparing tenders, each tender shall be corrected by the monetary compensa­ 1 . The intervention agency of the country of ship­ tory amount, if any, applicable on the closing date for ment shall arrange for a check at the port before the submission of tenders to exports from the Member loading on the quantity, quality and packaging of the State specified in the tender in accordance with Article goods. Following inspection an attestation shall be 2 ( 1 ) (f). issued by the intervention agency. The costs relating thereto shall be borne by the contractor. The correction shall be made by : 2. Samples intended for analysis shall be taken and — increasing the tenders specifying a Member State the inspection shall be carried out in accordance with with negative monetary compensatory amounts, the trade practices in force in the country of shipment. The contractor and the recipient's representative shall (') OJ No L 213 , 11 . 8 . 1975, p. 5. be invited to take part in the operation .

No L 38 / 14 Official Journal of the European Communities 9 . 2 . 84

Two sealed samples shall be kept by the intervention Article 8 agency until issue of the taking-over certificate or until issue of the certificate referred to in Article 6 (2). 1 . The security referred to in Article 2 shall be released immediately : 3 . If the inspection referred to in paragraph 1 gives — in respect of quantities not delivered on account of rise to a dispute, the intervention agency shall arrange force majeure, for a second inspection by a different body, the — in respect of the quantities delivered in accordance findings of which shall be final . The costs relating thereto shall be borne by the losing party. with this Regulation and on presentation of the original of the taking-over certificate or a certified 4. Where the inspection provided for in the pre­ true copy thereof or, if this is not available, the ceding paragraphs reveals that the goods do not satisfy certificate referred to in Article 6 (2). the requirements stipulated, they must be refused and replaced. Where some quantities are missing the 2. The security referred to in Article 7 (4) shall be released immediately when the contractor furnishes contractor must make up the cargo. proof in accordance with Article 6 that at least 80 % of the quantity provided for has been delivered in Article 6 conformity with the conditions laid down in this Regulation . 1 . A taking-over certificate shall be issued by the recipient immediately following unloading at the final Article 9 destination. The certificate shall state the place and date of taking over. It shall give a description of the If the contractor has to bear exceptional costs in goods taken over in the form given in Annex II and respect of the delivery made under this Regulation any comments by the recipient. which cannot be covered by insurance, he may receive compensation therefor on production of supporting 2. Where the taking-over certificate is not issued for documents and with the prior agreement of the reasons other than a dispute about the goods, proof of Commission . delivery may be provided by means of a certificate of the form given in Annex II endorsed by the Commu­ nity representative in the country of destination . Article 10

Except in case of force majeure the contractor shall Article 7 bear all the financial consequences of the non-delivery of the goods under the conditions laid laid down in 1 . Payment to the contractor shall be made by the this Regulation if the recipient had made delivery intervention agency of the Member State in which the possible under such conditions. customs export formalities are completed. The costs resulting from the non-delivery of the goods 2. The amount to be paid shall be that of the tender following a case of force majeure shall be borne by the plus, where appropriate, the costs referred to in Article intervention agency responsible for payment. 9 . It shall be paid in the currency of the Member State which is responsible for payment. For this purpose this amount shall be converted by using the method Article 11 indicated in Article 3 (2). Articles 21 and 22 ( 1 ) and (2) of Regulation (EEC) No 3 . The amount referred to in paragraph 2 shall be 1974/80 shall apply in the context of this Regulation . paid to the contractor on presentation of the original of the taking-over certificate or a certified copy The intervention agency responsible for payment shall, thereof, or, if this is not available, of the certificate on receipt, forward the information referred to in referred to in Article 6 (2). Article 4 (3) to the Commission .

4. The intervention agency is hereby authorized to The intervention agency in the country of shipment make without delay an initial payment to the shall send the Commission, without delay, the results contractor of 80 % of the value of the quantity given of the inspection referred to in Article 5. in the bill of lading, on presentation of a copy of that document and the attestation referred to in Article 5 ( 1 ), and subject to the provision of a security for an Article 12 amount equal to the initial payment. This Regulation shall enter into force on the day The said security shall be lodged in accordance with following its publication in the Official Journal of the Article 2 (2) (b). European Communities.

9 . 2 . 84 Official Journal of the European Communities No L 38 / 15

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

Done at Brussels, 8 February 1984. For the Commission Poul DALSAGER Member of the Commission

No L 38716 Official Journal of the European Communities 9 . 2 . 84

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 : Azienda di Stato per gli interventi sui mercati agricoli (AIMA), via Palestre 81 , I-Roma (telex 613 003) 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 : 1 0,5 % 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 335 grams — net weight of the bags : 50 kilograms — 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'

1 1 . Port of shipment : a Community port 1 2. Delivery stage : delivered destination — Bangui — stores of the SICPAD in Bangui — via Douala 13 . Procedure to be applied in order to determine supply costs : mutual agreement 14. Shipment period : 15 February to 15 March 1984 1 5. Security : 1 2 ECU per tonne

Note : Since the goods may be rebagged, the co-contractor must provide 2 % of empty bags of the same quality as those containing the goods, with the marking followed by a capital 'R'.

9 . 2 . 84 Official Journal of the European Communities No L 38 / 17

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 Annex I to Regulation (EEC) No 328 / 84 .