31985R3105
8 . 11 . 85 Official Journal of the European Communities No L 296/ 19
COMMISSION REGULATION ( EEC) No 3105/85 of 6 November 1985 on the supply of various consignments of cereals and rice to the League of Red Cross Societies (LRCS) as food aid
THE COMMISSION OF THE EUROPEAN Whereas, however, the specific provisions concerning COMMUNITIES, delivery to destination must be set out ; whereas the successful tenderer must thus bear all risk in the goods up to unloading at the stipulated destination ; whereas Having regard to the Treaty establishing the European payment can be made only when proof of delivery to the Economic Community, destination is provided ;
Having regard to Council Regulation (EEC) No 3331 /82 Whereas it must be made clear who is to bear any costs of 3 December 1982 on food-aid policy and food-aid which arise in the event that for reasons of force majeure management and amending Regulation (EEC) No the operation in question is not completed within the 2750/75 ('), and in particular the first subparagraph of period stipulated ; Article 3 ( 1 ) thereof, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Having regard to Council Regulation (EEC) No 2727/75 Committee for Cereals, of 29 October 1975 on the common organization of the market in cereals (2), as last amended by Regulation (EEC) No 1018/84 (3), and in particular Article 28 thereof, HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organization of the Article 1 market in rice (4), as last amended by Regulation (EEC) No 1025/84 (*), and in particular Article 25 thereof, 1 . The intervention agencies mentioned in the Annexes hereto are hereby required to implement the Whereas, by its decision of 6 May 1985 on the supply of mobilization and supply of the products stated in the said food aid to the LRCS, the Commission allocated to the Annexes as food aid, subject to the provisions of this latter organization 2 200 tonnes of cereals to be supplied Regulation. free at destination ; 2. Supply of the products shall be organized under the tender procedure. Whereas pursuant to Article 3 (3) of Council Regulation (EEC) No 2750/75 the goods may be purchased anywhere 3 . The Annexes shall take the place of a notice of invi on the Community market ; tation to tender. The intervention agency responsible shall make further publications as necessary. Whereas an invitation to tender should be issued for supply of the products delivered unloaded at destination in view of the final use to be made of the goods deli- ' Article 2 vered ; 1 . For the purposes of the invitation to tender, the following provisions of Regulation (EEC) No 1974/80 Whereas it is necessary to provide for the carrying out of shall apply : this measure in accordance with the rules laid down by Commission Regulation (EEC) No 1974/80 of 22 July — Article 4, except the provisions of paragraph 3 (e) and 1980 laying down general implementing rules in respect paragraph 4 (d) and (e), in respect of submission of of certain food-aid operations involving cereals and tenders, rice (*), as last amended by Regulation (EEC) No — Article 5 in respect of provision of security, 3323/8 1 Q ; whereas it is necessary to specify the time limits and conditions of supply and the procedure to be followed to determine the resultant costs : — Article 6 in respect of opening and reading tenders, — if any, Article 8 in respect of comparing tenders. (') OJ No L 352, 14. 12. 1982, p. 1 . 2 . The tender shall indicate the amount of the tender (2) OJ No L 281 , 1 . 11 . 1975, p. 1 . (3) OJ No L 107, 19 . 4. 1984, p. 1 . expressed per tonne of product, in the currency of the (<) OJ No L 166, 25. 6. 1976, p. 1 . Member State where the tendering procedure is taking Is) OJ No L 107, 19. 4. 1984, p. 13. (6) OJ No L 192, 26. 7. 1980, p. 11 . place. The tender must include the cost of fumigation, o OJ No L 334, 21 . 11 . 1981 , p. 27. unloading and warehousing at the final destination.
No L 296/20 Official Journal of the European Communities 8 . 11 . 85
The tender shall state separately the amount of cost in The tenderer shall advise the recipients representative, at respect of sea and land transport to the stipulated final least three days in advance, of the probable date of arrival destination . of the goods at the final destination .
The tender shall indicate the Member State in which the Article 5 tenderer, in the event of his being declared successful, undertakes to complete the customs export formalities. 1 . The intervention agency of the country of shipment shall arrange for a check at the port before loading on the 3. The tenderer shall carry out his obligations pursuant quantity, quality and packaging of the goods. Following to this Regulation and the undertakings referred to in inspection an attestation shall be issued by the interven Article 4 (4) of Regulation (EEC) No 1974/80, with the tion agency. The costs relating thereto shall be borne by exception of subparagraphs (d) and (e) thereof. the successful tenderer.
4. The tenderer shall undertake to ship in vessels listed The successful tenderer shall provide that intervention in the larger classes in recognized classification registers, agency with a certificate from the organization which not more than 15 years old, and attested by a competent undertook fumigation, showing that that operation has body as meeting hygiene requirements. been carried out .
2. Samples intended for analysis shall be taken and the Article 3 inspection shall be carried out in accordance with the trade practices in force in the country of shipment. The successful tenderer and the recipient's representative shall 1 . Without prejudice to paragraphs 2 and 3, the be invited to take part in the operation. contract shall be awarded within 48 hours to the tenderer who has submitted the most favourable tender. Two sealed samples shall be kept by the intervention agency until issue by the recipient of the taking-over 2. Where the most favourable tender is submitted by certificate or until issue of the certificate referred to in more than one tenderer, the intervention agency shall Article 6 (2). award the contract to one of those tenderers by drawing lots . 3 . If the inspection referred to in paragraph 1 gives rise to a dispute, the intervention agency shall arrange for a 3 . If the tenders do not appear to be in line with the second inspection by a service different from that prices normally prevailing on the market, the intervention mentioned in paragraph 1 , the findings of which shall be agency may, with the agreement of the Commission, final. The costs relating thereto shall be borne by the decide not to award the contract . losing party.
4. The intervention agency shall communicate the 4. Where the inspection provided for in the preceding results of the tendering procedure to all the tenderers by paragraphs reveals that the goods do not satisfy the letter or telex sent not later than the first working day requirements stipulated, they must be refused and following the award decision. replaced. Where some quantities are missing, the successful tenderer must make up the cargo.
Article4¶
1 . The successful tenderer shall contract as necessary, 1 . A taking-over certificate shall be issued by the reci at his own expense, for carriage of the goods to the final pient immediately following unloading at the final desti destination and shall bear all the costs involved, including nation . It shall state the place and date of taking over and those of unloading and warehousing at the destination. give a description of the goods taken over in the form He shall take out suitable insurance . given in Annex II and any comments by the recipient.
2. The successful tenderer shall bear all the risks rela 2. Where the taking-over certificate is not issued for ting to the goods, in particular of loss or deterioration to reasons other than a dispute about the goods, proof of which the goods are subject, until they have effectively delivery may be provided by means of a certificate of the been unloaded and delivered to the final destination . form given in Annex II, endorsed by the Community representative in the country of destination. 3 . The successful tenderer shall communicate as soon as possible to the recipient's representative the date of Article 7 loading, the means of transport used to consign the goods to the final destination, and the probable date of arrival. He shall immediately send this information to the inter 1 . Payment to the successful tenderer shall be made by vention agency responsible for payment, which shall the intervention agency of the Member State in which the forward it without delay to the Commission . customs export formalities are completed.
8 . 11 . 85 No L 296/21 Official Journal of the European Communities
2. The amount to be paid shall be that of the tender where appropriate, the certificate referred to in plus, where appropriate, the costs referred to in Article 6 (2). Article 9. It shall be paid in the currency of the Member 2. The security referred to in Article 7 (4) shall be State which is responsible for payment. For this purpose released immediately when the successful tenderer furni this amount shall be converted by using : shes the proof in accordance with Article 6 that at least — where the currencies in question are maintained 80 % of the quantity provided for has been delivered in within a maximum spread at any one time of 2,25 % , conformity with the conditions laid down in this Regula tion . the conversion rate resulting from their central rate, — in other cases, the relationship between the two Article 9 currencies concerned established by using the latest statement of their spot exchange rates made immedia If the successful tenderer, for reasons of force majeure, has tely prior to the closing date for the submission of to bear exceptional costs in respect of the delivery made tenders as published in the 'C' series of the Official under this Regulation which cannot be covered by Journal of the European Communities. insurance, he may receive compensation therefor on production of supporting documents and with the prior 3. The amount referred to in paragraph 2 shall be paid agreement of the Commission. to the successful tenderer on presentation of the original of the taking-over certificate or a certified copy thereof or, Article 10 if this is not available, of the certificate referred to in Article 6 (2). Except in case of force majeure, the - successful tenderer shall bear all the financial consequences of the non 4. The intervention agency is hereby authorized to delivery of the goods under the conditions laid down in make without delay an initial payment of 80 % of the this Regulation if the recipient had made delivery value of the quantity given in the bill of lading, on possible under such conditions. presentation of a copy of that document, of the attestation referred to in Article 5 (1 ) and of the fumigation certifi The costs resulting from the non-delivery of the goods cate, and subject to the provision of a security for an following a case of force majeure shall be borne by the amount equal to the initial payment. intervention agency responsible for payment.
The said security shall be provided as laid down in Article Article 11 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 8 The intervention agency responsible for payment shall, on 1 . The security referred to in Article 2 shall be imme receipt, send the information referred to in Article 4 (3) to the Commission . diately released to : — every tenderer whose tender was not successful or was The intervention agency in the country of shipment shall send the Commission, without delay, the results of the not accepted, inspection referred to in Article 5. — the successful tenderer in respect of quantities not delivered on account of force majeure, Article 12 — the successful tenderer in respect of the quantities delivered in accordance with this Regulation and on This Regulation shall enter into force on the day presentation of the original of the taking-over cert following its publication in the Official Journal of the ificate or a certified true copy thereof or, European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 6 November 1985. For the Commission Frans ANDRIESSEN Vice-President
No L 296 / 22 Official Journal of the European Communities 8 . 11 . 85
ANNEX la
1 . Programme : 1985 2. Recipient : Ligue des Sociétés de la Croix-Rouge et du Croissant Rouge, BP 372, CH-1211 Genève 19 , telex 22555 LRCS CH 3 . Place or country of destination : Republic of Chad 4. Product to be mobilized : milled long grain rice (non-parboiled) 5. Total quantity : 690 tonnes (2 000 tonnes of cereals) 6 . Number of lots : one 7. Intervention agency responsible for conducting the procedure : Ente Nazionale Risi, piazza Pio XI, 1 , I-Milano (telex 334032) 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 new bags : — jute sacks of a minimum weight of 600 g — net weight of the bags : 50 kilograms — marking on the bags : a red cross 15 x 15 cm followed by, in letters at least 5 cm high : 'RIZ / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE / ACTION DE LA LIGUE DES SOCIÉTÉS DE LA CROIX-ROUGE ET DU CROISSANT ROUGE / POUR DISTRIBUTION GRATUITE / N'DJAMENA' 11 . Port of shipment : a Community port 12. Delivery stage : delivered destination : Délégation de la Ligue des Sociétés de la Croix-Rouge et du Croissant Rouge, rue Charles de Gaulle, N'DJAMENA, BP 1137 13 . Procedure to be applied in order to determine supply costs : tendering 14 . Deadline for the submission of tenders : 12 noon on 18 November 1985 15. Shipment period : 1 to 31 December 1985 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 Chad, c/o 'Diplomatic Bag', Berlaymont 1 / 123, 200, rue de la Loi, B-1049 Brussels .
8 . 11 . 85 No L 296 /23 Official Journal of the European Communities
ANNEX lb
1 . Programme : 1985 2. Recipient : Ligue des Sociétés de la Croix-Rouge et du Croissant Rouge, BP 372, CH-1211 Genève 19 , telex 22555 LRCS CH 3 . Place or country of destination : Rwanda 4. Product to be mobilized : milled long grain rice (non-parboiled) 5 . Total quantity : 45 tonnes ( 131 tonnes of cereals) 6 . Number of lots : one 7. Intervention agency responsible for conducting the procedure : Ente Nazionale Risi, piazza Pio XI, 1 , I-Milano (telex 334032) 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 new bags : — jute sacks of a minimum weight of 600 g — net weight of the bags : 50 kilograms — marking on the bags : a red cross 15 x 15 cm followed by, in letters at least 5 cm high : 'RIZ / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE / ACTION DE LA LIGUE DES SOCIÉTÉS DE LA CROIX-ROUGE ET DU CROISSANT ROUGE / POUR DISTRIBUTION GRATUITE / NYAMIRAMBO' 11 . Port of shipment : a Community port 12. Delivery stage : delivered destination — stores of the Rwanda Red Cross in Nyamirambo 13 . Procedure to be applied in order to determine supply costs : tendering 14 . Deadline for the submission of tenders : 12 noon on 18 November 1985 15. Shipment period : 1 to 31 December 1985 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 .
No L 296 /24 8 . 11 . 85 Official Journal of the European Communities
ANNEX Ic
1 . Programme : 1985
2. Recipient : Ligue des Sociétés de la Croix-Rouge et du Croissant Rouge, BP 372, CH-1211 Genève, 19 (telex 22555 LRCS CH)
3 . Place or country of destination : Rwanda
4. Product to be mobilized : rolled oats
5. Total quantity : 40 tonnes (69 tonnes of cereals)
6 . Number of lots : one
7. Intervention agency responsible for conducting the procedure : VIB, Burgemeester Kessenplein 3 , NL-6431 KM Hoensbroek (telex 56396)
8 . Method of mobilizing the product : the Community market
9 . Characteristics of the goods : Production of quick-cooking oat flakes : Raw oats : First quality high-density oats Cleaning and preparation : Oats to be cleaned of extraneous matter, debittered and stabilized by treatment with steam Hulling : Oats to be size-classified and hulled. After separation of husks, oat kernels to be scoured and polished Groats : Oat kernels to be cut, sorted and air-cleaned. Groats dampened and pre-cooked with steam, then rolled to flakes
Quality of oat flakes : humidity : less than 1 2 % ash content : less than 2,3 % of dry matter crude fibre : less than 1,5 % of dry matter husk content : less than 0,10% of dry matter protein content : not less than 12% of dry matter
10 . Packaging : — in bags — quality of the bags : bag composition : — four bags of Kraft paper, of a strength corresponding to a weight of at least 70 g/m2 — one interposed bag made of tarred paper of a strength corresponding to a weight of at least 140 g/m2 — one double-bound polyethylene internal pocket at least 0,06 mm thick — top and bottom seals of bag to be pasted — net weight of bags : 25 kg — marking on the bags : a red cross, 10 x 10 cm, as well as the following : ' FLOCONS D'AVOINE / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE / ACTION DE LA LIGUE DES SOCIÉTÉS DE LA CROIX-ROUGE ET DU CROISSANT ROUGE / POUR DISTRIBUTION GRATUITE / NYAMIRAMBO'
1 1 . Port of shipment : a Community port
12. Delivery stage : delivered destination — stores of the Rwanda Red Cross in Nyamirambo
13 . Procedure to be applied in order to determine supply costs : tendering
8 . 11 . 85 No L 296/25 Official Journal of the European Communities
14 . Deadline for the submission of tenders : 12 noon on 19 November 1985 15. Shipment period : 1 to 31 December 1985 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 .
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 in the invitation to tender.