31984R1610

8 . 6 . 84 Official Journal of the European Communities No L 152/59

COMMISSION REGULATION (EEC) No 1610/ 84 of 6 June 1984 on die supply of common wheat to the Republic of Chad as food aid

THE COMMISSION OF THE EUROPEAN tion in view of the final use to be made of the goods COMMUNITIES, delivered ;

Having regard to the Treaty establishing the European Whereas the provisions of Commission Regulation Economic Community, (EEC) No 1974/80 of 22 July 1980 laying down general implementing rules in respect of certain food­ aid operations involving cereals and rice (*), as last Having regard to Council Regulation (EEC) No amended by Regulation (EEC) No 3323/81 (9), should 2727/75 of 29 October 1975 on the common organi­ be applied as far as possible, particularly in respect of zation of the market in cereals ('), as last amended by the procedure for submission of tenders, since the Regulation (EEC) No 1451 /82 (2), manner in which the security is lodged must guarantee that the successful tenderer complies with his obliga­ Having regard to Council Regulation (EEC) No tions ; 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 (*), and in delivery to destination must be set out ; whereas the particular Article 6 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 1278/84 of 7 May 1984 laying down the implementing the destination is provided ; rules for 1984 for Regulation (EEC) No 3331 /82 concerning food-aid policy and food-aid manage­ Whereas it must be made clear who is to bear any ment (*), costs which arise in the event for reasons of force majeure the operation in question is not completed Having regard to Council Regulation No 129 of 23 within the 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 f), and in particular Committee for Cereals, Article 3 thereof,

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

Whereas on 30 May 1984 the Commission of the European Communities decided to grant, under Article 1 Community measures, various quantities of cereals to certain non-member countries and beneficiary organi­ zations ; 1 . The intervention agency mentioned in Annex I hereto is hereby required to implement the mobiliza­ tion and supply of the product stated in the said Whereas pursuant to Article 3 (2) of Council Regula­ Annex as food aid, subject to the provisions of this tion (EEC) No 2750/75 intervention products may be Regulation. utilized ;

Whereas an invitation to tender should be issued for 2. Supply of the products shall be organized by tendering procedure. supply of the products delivered unloaded at destina

3. Annex I shall take the place of a notice of invita­ (') OJ No L 281 , I. 11 . 1975, p. 1 . tion to tender. The intervention agency responsible (2) 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. (4) OJ No L 352, 14. 12. 1982, p. 1 . Is) OJ No L 124, 11 . 5. 1984, p. 1 . («) OJ No 106, 30. 10. 1962, p. 2553/62. 0 OJ No L 192, 26. 7. 1980, p. 11 . f) OJ No L 263, 19. 9. 1973, p. 1 . 0 OJ No L 334, 21 . 11 . 1981 , p. 27.

No L 152/60 Official Journal of the European Communities 8 . 6 . 84

Article2¶

1 . The intervention agency of the country of ship­ 1 . Without prejudice to the specific provisions of 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 the trade practices in force in the country of shipment. Tenders shall indicate the Member State in which the The successful tenderer and the recipient's representa­ tenderer, in the event of his being declared successful, 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 for a second inspection by a service different from that listed in the larger classes in recognized classification mentioned in paragraph 1 , the findings of which shall registers, not more than 15 years old and attested by a 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 Article 3 preceding paragraphs reveals that the goods do not satisfy the requirements stipulated, they must be 1 . The successful tenderer shall contract as neces­ refused and replaced. Where some quantities are missing the successful tenderer must make up the sary, at his own expense, for carriage of the goods to 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.

8 . 6. 84 No L 152/61 Official Journal of the European Communities

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 within a maximum spread at any one time of delivered in conformity with the conditions laid down 2,25 %, the conversion rate resulting from their in 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 spot 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 tion referred to in Article 4 (1 ) and of the fumigation following a case of force majeure shall be borne by the 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, 6 June 1984.

For the Commission Poul DALSAGER Member of the Commission

No L 152/62 8 . 6 . 84 Official Journal of the European Communities

ANNEX I

1 . Programme : 19&4

2. Recipient : Republic of Chad 3. Place or country of destination : Republic of Chad 4. Product to be mobilized : common wheat 5. Total quantity : 9 000 tonnes 6. Number of lots : one 7. Intervention agency responsible for conducting die procedure : Office national interprofessionnel des céréales (ONIC), 21 , avenue Bosquet, Paris 7e (télex 270 807) 8 . Method of mobilizing die 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 TENDRE / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE À LA RÉPUBLIQUE DU TCHAD'

11 . Port of shipment : a Community port 12. Delivery stage : delivered destination — N'Djemena, Lieu de stockage Chagoua, rue de Chagoua (tel. 2837) — via Douala 1 3. Procedure to be applied in order to determine supply costs : tendering 14. Deadline for die submission of tenders : 12 noon on 19 June 1984 15. Shipment period : 1 to 31 July 1984 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 Chad, c/o 'Diplomatic Bag', Berlaymont 1 / 123, 200 rue de la Loi, B-1049 Brussels.

8 . 6. 84 Official Journal of the European Communities No L 152/63

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 152/64 Official Journal of the European Communities 8 . 6. 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 'Ονομα 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 2 528,40 SCAN Les Fouchards (18) ZI Saint-Éloi F-S8002 Nevers 750,00 AGRI Cher Sens-Beaujeu (18) route de la Charité F- 1 8028 Bourges Cedex 2600,00 AGRI Cher Feux (18) route de la Charité F- 1 8028 Bourges Cedex 1 900,00 AGRI Cher La-Chapelle-Molinard (18) route de la Charité F-18028 Bourges Cedex 1 221,60 AGRI Cher Sancergues (18) route de la Charité F-18028 Bourges Cedex