31984R0397

17 . 2. 84 Official Journal of the European Communities No L 47/45

COMMISSION REGULATION (EEC) No 397 /84 of 16 February 1984 on delivery of common wheat as food aid to Rwanda

THE COMMISSION OF THE EUROPEAN Whereas an invitation to tender should be issued for COMMUNITIES, supply of the products delivered unloaded at destina­ tion in view of the final use to be made of the goods delivered ; Having regard to the Treaty establishing the European Economic Community, Whereas the provisions of Commission Regulation (EEC) No 1974/80 of 22 July 1980 laying down Having regard to Council Regulation (EEC) No general implementing rules in respect of certain food­ 2727/75 of 29 October 1975 on the common organi­ aid operations involving cereals and rice (8), as last zation of the market in cereals ('), as last amended by amended by Regulation (EEC) No 3323/81 (9), should Regulation (EEC) No 1451 /82 (2), 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 2750/75 of 29 October 1975 fixing criteria for the that the successful tenderer complies with his obliga­ mobilization of cereals intended as food aid (3), as tions ; amended by Regulation (EEC) No 3331 /82 (4), and in particular Article 6 thereof, Whereas, however, the specific provisions concerning delivery to destination must be set out ; whereas the Having regard to Council Regulation (EEC) No successful tenderer must thus bear all risk in the goods 1992/83 of 11 July 1983 laying down the implemen­ up to unloading at the stipulated destination ; whereas ting rules for 1983 for Regulation (EEC) No 3331 /82 payment can be made only when proof of delivery to concerning food-aid policy and food-aid manage­ the destination is provided ; ment (5), Whereas it must be made clear who is to bear any Having regard to Council Regulation No 129 of 23 costs which arise in the event for reasons of force October 1962 on the value of the unit of account and majeure the operation in question is not completed the exchange rates to be applied for the purposes of within the period stipulated ; the common agricultural policy (6), as last amended by Regulation (EEC) No 2543/73 Q, 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,

HAS ADOPTED THIS REGULATION : Whereas on 26 April 1982 the Council of the Euro­ pean Communities expressed its intention to grant, under a Community measure, 1 500 tonnes of cereals to Rwanda under its food-aid programme for 1982 ; Article 1

Whereas on 29 July 1983 the Commission of the 1 . The intervention agency mentioned in Annex I European Communities decided to grant by way of hereto is hereby required to implement the mobiliza­ Community action 3 000 tonnes of cereals to Rwanda tion and supply of the product stated in the said under the 1983 food-aid programme ; Annex as food aid, subject to the provisions of this Regulation . Whereas pursuant to Article 3 (2) of Council Regula­ 2. Supply of the products shall be organized by tion (EEC) No 2750/75 intervention products may be utilized ; 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 (z) 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. (") OJ No L 52, 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.

No L 47 /46 17 . 2. 84 Official Journal of the European Communities

Article2¶

1 . Without prejudice to the specific provisions of 1 . The intervention agency of the country of ship­ 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. tenderer, in the event of his being declared successful, The successful tenderer and the recipient's representa­ 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 15 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 .

17. 2 . 84 Official Journal of the European Communities No L 47/47

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, 16 February 1984. For the Commission Poul DALSAGER Member of the Commission

No L 47/48 Official Journal of the European Communities 17 . 2 .

ANNEX I

1 . Programme : 1982 and 1983 2. Recipient : Rwanda 3 . Place or country of destination : Kicukiro 4. Product to be mobilized : common wheat 5. Total quantity : 4 500 tonnes 6 . Number of lots : two of 2 250 tonnes each 7. Intervention agency responsible for conducting the procedure : Intervention Board for Agricultural Produce, Fountain House, 2 Queens Walk, UK-Reading RG1 7QW, Berkshire (telex 848 302) 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 (moisture : 14,5 % 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) : ' FROMENT / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE À LA RÉPUBLIQUE RWANDAISE'

1 1 . Port of shipment : a Community port 1 2. Delivery stage : delivered destination . Entrepot CEE of Oprovia in Kicukiro (Kigali) via Mombasa (Oprovia, siège social à Kigali, BP 953, Kigali, Rwanda) 13 . Procedure to be applied in order to determine supply costs : tendering 14. Deadline for the submission of tenders : 12 noon on 27 February 1984 1 5. Shipment period : Lot 1 : 1 to 31 March 1984 Lot 2 : 1 to 3 1 May 1 984 1 6 . Security : 6 ECU per tonne

Notes : 1 . 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'. 2. The successful tenderer shall send a copy of the shipping documents to the following address : Commission Delegation in Rwanda, c/o 'Diplomatic Bag', Berlaymont 1 / 123, 200 , rue de la Loi, 200, B-1049 Brussels .

17 . 2 . 84 Official Journal of the European Communities No L 47/49

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 47/ 50 Official Journal of the European Communities 17 . 2 . 84

BILAG III — ANHANG III — ΠΑΡΑΡΤΗΜΑ III — ANNEX III — ANNEXE III — ALLEGATO 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 4 500 Anglia Agricultural Merchants Ltd, New Forge New Forge Warehouse, Clenchwarton Road, West Lynn , Kings Lynn, Norfolk