31985R3010

30 . 10 . 85 Official Journal of the European Communities No L 288/ 19

COMMISSION REGULATION (EEC) No 3010/85 of 29 October 1985 on the supply of maize flour to the United Nations High Commissioner for Refugees (UNHCR) 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 zation of the market in cereals ('), as last amended by Whereas, however, the specific provisions concerning Regulation (EEC) No 1018/84 (2), 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 2750/75 of 29 October 1975 fixing criteria for the payment can be made only when proof of delivery to mobilization of cereals intended as food aid (3), as 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 457/85 majeure the operation in question is not completed of 19 February 1985 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 (*), 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 f), 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 Regulation. Whereas on 6 May 1985 the Commission of the Euro­ pean Communities decided to grant, under Commu­ 2. Supply of the products shall be organized under nity measures, various quantities of cereals to certain the tender procedure. non-member countries and beneficiary organizations ; 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 shall apply : delivered ; — 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 . (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . — Article 8 in respect of comparing tenders. (<) OJ No L 352, 14. 12. 1982, p. 1 . Is) OJ No L 54, 23. 2. 1985, p. 1 . I6) OJ No 106, 30. 10. 1962, p. 2553/62. («) 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.

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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. 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 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 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

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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 288 /22 30 . 10 . 85 Official Journal of the European Communities

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

Done at Brussels, 29 October 1985.

For the Commission Frans ANDRIESSEN Vice-President

30 . 10 . 85 Official Journal of the European Communities No L 288/23

ANNEX I

1 . Programme : 1985 2. Recipient : UNHCR (Attention Mr Jambor, Palais des Nations, CH-1211 Genève 10, telex 27492) 3. Place or country of destination : Rwanda 4. Product to be mobilized : maize flour 5. Total quantity : 1 000 tonnes (1 695 tonnes of cereals) 6. Number of lots : two : — A : 500 tonnes — B : 500 tonnes 7. Intervention agency responsible for conducting the procedure : Bundesanstalt für landwirtschaftliche Marktordnung (BALM), Adickesallee 40, D-6000 Frankfurt/ Main (telex 41 1 475) 8 . Method of mobilizing the product : on the Community market 9. Characteristics of the goods : — maize flour (11.01 E I) for human consumption, of sound merchantable quality, free of odour and pests — moisture content : maximum 13 % — acidity : 0,6 % maximum 10 . Packaging : — new woven-polypropylene bags for food use, weighing not less than 120 g, which have been specially treated against the effects of ultraviolet light — net weight of the bags : 50 kilograms — marking on the bags in letters at least 5 cm high : 'FARINE DE MAÏS / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE / ACTION DU HCR RWANDA / POUR DISTRIBUTION GRATUITE' 1 1 . Port of shipment : a Community port 12. Delivery stage : delivered destination — Kigali (Monsieur le Delegué UNHCR, Quartier Kiyovu, 6 rue des Parcs, Kigali) 13. Procedure to be applied in order to determine supply costs : tendering 14. Deadline for the submission of tenders : 12 noon on 12 November 1985 1 5. Shipment period : — A : 1 to 31 December 1985 — B : 1 to 31 January 1986 16. Security : 12 ECU per tonne

Notes : , 1 . The successful tenderer shall forward, through the intermediary of the intervention agency, to the recipient on the latter's request and in accordance with his instructions the documents necessary for importation of the goods into the country of destination. 2. 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'. 3. 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, B-1049 Brussels .

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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.