31984R0670
No L 73/22 Official Journal of the European Communities 16 . 3 . 84
COMMISSION REGULATION (EEC) No 670/84 of IS March 1984 on the delivery of milled long grain rice to the Republic of Niger as food aid
THE COMMISSION OF THE EUROPEAN that the successful tenderer complies with his obliga COMMUNITIES, tions ;
Having regard to the Treaty establishing the European Whereas, however, the specific provisions concerning Economic Community, delivery to destination must be set out ; whereas the successful tenderer must thus bear all risk in the goods Having regard to Council Regulation (EEC) No up to unloading at the stipulated destination ; whereas 1418/76 of 21 June 1976 on the common organization payment can be made only when proof of delivery to of the market in rice (l), as last amended by Regulation the destination is provided ; (EEC) No 174/84 (2), and in particular Article 25 thereof, Whereas it must be made clear who is to bear any Having regard to Council Regulation (EEC) No costs which arise in the event that for reasons of force 2750/75 of 29 October 1975 fixing criteria for the majeure the operation in question is not completed mobilization of cereals intended as food aid (3), as within the period stipulated ; amended by Regulation (EEC) No 3331 /82 (4), and in particular Article 6 thereof, Whereas the Italian intervention agency should be made responsible for the tendering procedure in Having regard to Council Regulation No 129 of 23 question ; 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 (*), as last amended by are in accordance with the opinion of the Management Regulation (EEC) No 2543/73 (*), and in particular Committee for Cereals, Article 3 thereof,
Having regard to the opinion of the Monetary Committee, HAS ADOPTED THIS REGULATION : Whereas, on 8 March 1982, the Council of the Euro pean Communities decided to grant, under a Article 1 Community measure, 5 000 tonnes of cereals to the Republic of Niger under the food-aid programme for 1981 ; 1 . The intervention agency mentioned in Annex I hereto is hereby required to implement the mobiliza Whereas, pursuant to Article 3 (3) of Council Regula tion and supply of the product stated in the said tion (EEC) No 2750/75, the goods may be purchased Annex as food aid, subject to the provisions of this anywhere on the Community market ; Regulation.
Whereas an invitation to tender should be issued for 2. Supply of the products shall be organized under supply of the products delivered unloaded at destina the tender procedure. tion in view of the final use to be made of the goods delivered ; 3. Annex I shall take the place of a notice of invi tation to tender. The intervention agency responsible Whereas the provisions of Commission Regulation shall make further publications as necessary. (EEC) No 1974/80 of 22 July 1980 laying down general implementing rules in respect of certain food aid operations involving cereals and rice (7), as last Article 2 amended by Regulation (EEC) No 3323/81 (8), should be applied as far as possible, particularly in respect of 1 . For the purposes of the invitation to tender, the the procedure for submission of tenders, since the following provisions of Regulation (EEC) No 1974/80 manner in which the security is lodged must guarantee shall apply :
(') OJ No L 166, 25. 6. 1976, p. 1 . — Article 4, except the provisions of paragraphs 3 (e) 0 OJ No L 21 , 26. 1 . 1984, p. 1 . and 4 (d) and (e), in respect of submission of I3) OJ No L 281 , 1 . 11 . 1975, p. 89. tenders, (<) OJ No L 352, 14. 12. 1982, p. 1 . 0 OJ No 106, 30. 10. 1962, p. 2553/62. — Article 5 in respect of provision of security, (j OJ No L 263, 19. 9. 1973, p. 1 . 0 OJ No L 192, 26. 7. 1980, p. 11 . — Article 6 in respect of opening and reading (8) OJ No L 334, 21 . 11 . 1981 , p. 27. tenders.
16. 3 . 84 Official Journal of the European Communities No L 73/23
2. The tender shall indicate the amount of the effectively been unloaded and delivered to the final destination . tender expressed per tonne of product, in the currency of the Member State where the tendering procedure is taking place. The tender must include the cost of 3. The successful tenderer shall communicate as fumigation, unloading and warehousing at the final soon as possible to the recipient's representative the destination stated in Annex I. date of loading, the means of transport used to consign the goods to the final destination, and the probable The tender shall state separately the amount of cost in date of arrival. He shall immediately send this infor respect of sea and land transport to the stipulated final mation to the intervention agency responsible for destination . payment, which shall forward it without delay to the Commission . The tender shall indicate the Member State in which the tenderer, in the event of his being declared The tenderer shall advise the recipient's representative, successful, undertakes to complete the customs export at least three days in advance, of the probable date of formalities. 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 the certificate showing that that the fumigation has been carried out. 1 . Without prejudice to paragraphs 2 and 3, the contract shall be awarded within 48 hours to the 2. Samples intended for analysis shall be taken and tenderer who has submitted the most favourable the inspection shall be carried out in accordance with tender. the trade practices in force in the country of shipment. The successful tenderer and the recipient's representa 2. Where the most favourable tender is submitted tive shall be invited to take part in the operation. by more than one tenderer, the intervention agency shall award the contract to one of those tenderers by Two sealed samples shall be kept by the intervention drawing lots. 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 Article 6 (2). the prices normally prevailing on the market, the 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 housing at the destination. He shall take out suitable Article 6 insurance .
2. The successful tenderer shall bear all the risks 1 . A taking-over certificate shall be issued by the relating to the goods, in particular of loss or deteriora recipient immediately following unloading at the final tion to which the goods are subject, until they have destination. It shall state the place and date of taking
No L 73/24 Official Journal of the European Communities 16 . 3 . 84
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 certificate or a certified true copy thereof or, Community representative in the country of destina where appropriate, the certificate referred to in tion . Article 6 (2).
2. The security referred to in Article 7 (4) shall be released immediately when the successful tenderer Article 7 furnishes the proof in accordance with Article 6 that at least 80 % of the quantity provided for has been 1 . Payment to the successful tenderer shall be made delivered in conformity with the conditions laid down by the intervention agency of the Member State in in this Regulation. which the customs export formalities are completed.
Article 9 2. The amount to be paid shall be that of the tender 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, Article 10 — in other cases, the relationship between the two currencies concerned established by using the Except in case of force majeure the successful tenderer latest statement of their spot exchange rates made shall bear all the financial consequences of the non immediately prior to the closing date for the 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.
The costs resulting from the non-delivery of the goods 3. The amount referred to in paragraph 2 shall be following a case of force majeure shall be borne by the paid to the successful tenderer on presentation of the intervention agency responsible for payment. original of the taking-over certificate or a certified 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 attes The intervention agency responsible for payment shall, tation 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, 15 March 1984. For the Commission Poul DALSAGER Member of the Commission
No L 73/26 16 . 3 . 84 Official Journal of the European Communities
ANNEX I
1 . Programme : 1981 2. Recipient : Republic of Niger 3 . Place or country of destination : Republic of Niger 4. Product to be mobilized : milled long grain rice 5. Total quantity : 1725 tonnes (5 000 tonnes of cereals) 6. Number of lots : one (in three parts) : — part 1 : 855 tonnes for Niamey — part 2 : 435 tonnes for Dosso — part 3 : 435 tonnes for Birni-Nkonni 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 — 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 À LA RÉPUBLIQUE DU NIGER'
11 . Port of shipment : a Community port
12. Delivery stage : delivered destination — Centre de stockage de 1 OPVN : — part 1 : 855 tonnes, Niamey via Cotonou — part 2 : 435 tonnes, Dosso via Cotonou — part 3 : 435 tonnes, Birni-Nkonni via Cotonou 13. Procedure to be applied in order to determine supply costs : tendering 14. Deadline for die submission of tenders : 12 noon on 26 March 1984 .15. Shipment period : 20 April to 20 May 1984 16. Security : 12 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 Niger, c/o "Diplomatic Bag', Berlaymont 1 / 123 , 200 rue de la Loi, B-1049 Brussels .
16 . 3 . 84 Official Journal of the European Communities No L 73/ 27
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.