31985R0139

19. 1 . 85 No L 16/5 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 139/85 of 16 January 1985 on delivery of maize to the Republic of Botswana as food aid

THE COMMISSION OF THE EUROPEAN aid operations involving cereals and rice (8), as last COMMUNITIES, amended by Regulation (EEC) No 3323/81 (9), should be applied as far as possible, particularly in respect of Having regard to the Treaty establishing the European the procedure for submission of tenders, since the Economic Community, 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 ; 2727/75 of 29 October 1975 on the common organi­ Whereas, however, the specific provisions concerning zation of the market in cereals ('), as last amended by delivery to destination must be set out ; whereas the Regulation (EEC) No 1018/84 (2), successful tenderer must thus bear all risk for the Having regard to Council Regulation (EEC) No goods up to unloading at the stipulated destination ; 2750/75 of 29 October 1975 fixing criteria for the whereas payment can be made only when proof of mobilization of cereals intended as food aid (3), as delivery to the destination is provided ; amended by Regulation (EEC) No 3331 /82 (4), and in Whereas it must be made clear who is to bear any particular Article 6 thereof, costs which arise in the event that for reasons of force Having regard to Council Regulation (EEC) No majeure the operation in question is not completed 1278/84 of 7 May 1984 laying down the implementing within the period stipulated ; rules for 1984 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 (J), 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 (6), as last amended by Article 1 Regulation (EEC) No 2543/73 Q, and in particular Article 3 thereof, 1 . The intervention agency mentioned in Annex I hereto is hereby required to implement the mobiliza­ Having regard to the opinion of the Monetary tion and supply of the product stated in the said Committee, Annex as food aid, subject to the provisions of this Whereas on 20 July 1984 the Commission of the Regulation. European Communities decided to grant, under 2. Supply of the products shall be organized under Community measures, various quantities of cereals to the tender procedure. certain non-member countries and beneficiary organi­ zations ; 3 . Annex I shall take the place of a notice of invita­ tion to tender. The intervention agency responsible Whereas, pursuant to Article 3 (3) of Council Regula­ shall make further publications as necessary. tion (EEC) No 2750/75, the goods may be purchased anywhere on the Community market ; Article 2 Whereas an invitation to tender should be issued for 1 . For the purposes of the invitation to tender, the supply of the products delivered unloaded at destina­ following provisions of Regulation (EEC) No 1974/80 tion in view of the final use to be made of the goods delivered ; shall apply : — Article 4, except the provisions of paragraphs 3 (e) Whereas the provisions of Commission Regulation and 4 (d) and (e), in respect of submission of (EEC) No 1974/80 of 22 July 1980 laying down tenders, general implementing rules in respect of certain food­ — Article 5 in respect of provision of security, — Article 6 in respect of opening and reading (') OJ No L 281 , 1 . 11 . 1975, p. 1 . tenders, 0 OJ No L 107, 19 . 4. 1984, p. 1 . 0 OJ No L 281 , 1 . 11 . 1975, p. 89 . — Article 8 in respect of comparing tenders. (4) OJ No L 352, 14. 12. 1982, p. 1 . 0 OJ No L 124, 11 . 5. 1984, 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 16/6 19 . 1 . 85 Official Journal of the European Communities

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 points (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 15 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 the fumiga­ tion 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. 2 . Where the most favourable tender is submitted The successful tenderer and the recipient's representa­ 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 drawing lots. Two sealed samples shall be kept by the intervention 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 the prices normally prevailing on the market, the Article 6 (2). 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 insurance . Article 6

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

19 . 1 . 85 Official Journal of the European Communities No L 16/7

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 Commu­ certificate or a certified true copy thereof or, nity representative in the country of destination. where appropriate, the certificate referred to in Article 6 (2).

2. The security referred to in Article 7 (4) shall be Article 7 released immediately when the successful tenderer furnishes the proof in accordance with Article 6 that at 1 . Payment to the successful tenderer shall be made least 80 % of the quantity provided for has been by the intervention agency of the Member State in delivered in conformity with the conditions laid down which the customs export formalities are completed. in this Regulation .

2. The amount to be paid shall be that of the tender Article 9 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, — in other cases, the relationship between the two Article 10 currencies concerned established by using the latest statement of their spot exchange rates made Except in case of force majeure the successful tenderer immediately prior to the closing date for the shall bear all the financial consequences of the non­ 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.

3. The amount referred to in paragraph 2 shall be The costs resulting from the non-delivery of the goods paid to the successful tenderer on presentation of the following a case of force majeure shall be borne by the original of the taking-over certificate or a certified intervention agency responsible for payment. 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 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 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.

No L 16/8 Official Journal of the European Communities 19 . 1 . 85

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

Done at Brussels, 16 January 1985 .

For the Commission Frans ANDRIESSEN Member of the Commission

19 . 1 . 85 No L 16/9 Official Journal of the European Communities

ANNEX I

1 . Programme : 1984 2. Recipient : Republic of Botswana 3 . Place or country of destination : Republic of Botswana 4. Product to be mobilized : maize 5 . Total quantity : 4 000 tonnes 6 . Number of lots : one 7. Intervention agency responsible for conducting the procedure : Office national interprofessionnel des cereales (ONIC), 21 , avenue Bosquet, F-75007 Paris (telex OFIBLE 270 807 F) 8 . Method of mobilizing the product : the Community market 9 . Characteristics of the goods : (a) maize for human consumption, of sound merchantable quality, free of odour and pests (b) moisture content : 1 5 % (c) total percentage of matter other than basic cereals of unimpaired quality : 6 % , of which : — percentage of broken grains : 3 % ('broken grains' means pieces of grain or grains which pass through a sieve with a circular mesh 4,5 mm in diameter) — percentage of grain impurities : 2 % ('grain impurities' means grains of other cereals, grains damaged by pests and grains of abnormal coloration , the latter being grains which have acquired, through heating, a darkish brown colour on a fairly substantial part of the tegument and of the kernel and are not damaged grains) — percentage of sprouted grains : 0,5 % — percentage of miscellaneous impurities : 0,5 % ('miscellaneous impurities' consist of weed seeds, damaged grains, extraneous matter, husks, dead insects and fragments of insects) 10 . Packaging : — in new bags : — jute sacks of a minimum weight of 600 g, or — polypropylene sacks of a minimum weight of 120 g — net weight of the bags 50 kg — marking on the bags in letters at least 5 cm high : 'YELLOW MAIZE / GIFT OF THE EUROPEAN ECONOMIC COMMUNITY TO BOTSWANA / FREE DISTRIBUTION ' 1 1 . Port of shipment : a Community port 12. Delivery stage : delivered destination Department of Food Resources, Food Resources Depot, Lobatse Station , Lobatse, via Durban 13 . Procedure to be applied in order to determine supply costs : tendering 14. Deadline for the submission of tenders : 12 noon on 29 January 1985 15. Shipment period : 15 February to 15 March 1985 16. 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 Botswana c/o ' Diplomatic Bag', Berlaymont 1 / 123 , 200 rue de la Loi, B-1049 Brussels .

No L 16/ 10 19 . 1 . 85 Official Journal of the European Communities

ANNEX II

TAKING-OVER CERTIFICATE

The quality of the goods delivered is in accordance with that fixe,d .