31987R0709

13 . 3 . 87 Official Journal of the European Communities No L 70/9

COMMISSION REGULATION (EEC) No 709/87 of 12 March 1987 on delivery of common wheat as food aid to the Kingdom of Lesotho

THE COMMISSION OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION :

Having regard to the Treaty establishing the European Economic Community, Article 1

Having regard to Council Regualtion (EEC) No 3972/86 1 . The intervention agency mentioned in Annex I of 22 December 1986 on food-aid policy and food-aid hereto is hereby required to implement the mobilization management ('), and in particular Article 13 thereof, and supply of the product stated in the said Annex as food aid, subject to the provisions of this Regulation. Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the 2. Supply of the products shall be organized under the market in cereals (2), as last amended by Regulation (EEC) tender procedure. No 1 579/86 (3), and in particular Article 28 thereof,

3 . Annex I shall take the place of a notice of invitation Whereas, by its Decision of 27 October 1986 on the to tender. The intervention agency responsible shall make supply of food aid to Lesotho the Commission allocated further publications as necessary. to the latter country 7 000 tonnes of cereals to be supplied free at destination ;

Whereas an invitation to tender should be issued for Article 2 supply of the products delivered unloaded at destination in view of the final use to be made of the goods deli­ 1 . For the purposes of the invitation to tender, the vered ; following provisions of Regulation (EEC) No 1974/80 shall apply : Whereas it is necessary to provide for the carrying out of this measure in accordance with the rules laid down by — Article 4, except the provisions of paragraphs 3 (e) and Commission Regulation (EEC) No 1974/80 of 22 July 4 (d) and (e), in respect of submission of tenders, 1980 laying down general implementing rules in respect — Article 5 in respect of provision of security, of certain food-aid operations involving cereals and rice (4), as last amended by Regulation (EEC) No — Article 6 in respect of opening and reading tenders, 3826/85 (*) ; whereas it is necessary to specify the time — Article 8 in respect of comparing tenders. limits and conditions of supply and the procedure to be followed to determine the resultant costs ; 2. The tender shall indicate the amount of the tender expressed per tonne of product, in the currency of the Whereas, however, the specific provisions concerning Member State where the tendering procedure is taking delivery to destination must be set out ; whereas the place. successful tenderer must thus bear all risk in the goods up to unloading at the stipulated destination ; whereas payment can be made only when proof of delivery to the The tender must include the cost of fumigation, un­ destination is provided ; loading and warehousing at the final destination stated in Annex I. Whereas it must be made clear who is to bear any costs which arise in the event that for reasons of force majeure The tender shall state separately the amount of cost in the operation in question is not completed within the respect of sea and land transport to the stipulated final destination . period stipulated ;

Whereas the measures provided for in this Regulation are The tender shall indicate the Member State in which the in accordance with the opinion of the Management tenderer, in the event of his being declared successful, Committee for Cereals, undertakes to complete the customs export formalities.

(>) OJ No L 370, 30 . 12. 1986, p. 1 . 3. The tenderer shall carry out his obligations pursuant 0 OJ No L 281 , 1 . 11 . 1975, p. 1 . to this Regulation and the undertakings referred to in (3) OJ No L 139, 24. 5. 1986, p . 29 . (4) OJ No L 192, 26. 7. 1980, p. 11 . Article 4 (4) of Regulation (EEC) No 1974/80, with the 0 OJ No L 371 , 31 . 12. 1985, p. 1 . exception of points (d) and (e) thereof.

No L 70/ 10 Official Journal of the European Communities 13 . 3 . 87

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 the certificate showing that the fumigation not more than 15 years old and attested by a competent has been carried out. body as meeting hygiene requirements. 2. Samples intended for analysis shall be taken and the inspection shall be carried out in accordance with the Article 3 trade practices in force in the country of shipment. The successful tenderer and the recipient's representative shall be invited to take part in the operation. 1 . Without prejudice to paragraphs 2 and 3, the contract shall be awarded within 48 hours to the tenderer Two sealed samples shall be kept by the intervention who has submitted the most favourable tender. agency until issue by the recipient of the taking-over certificate or until issue of the certificate referred to in 2. Where the most favourable tender is submitted by Article 6 (2). more than one tenderer, the intervention agency shall award the contract to one of those tenderers by drawing 3. If the inspection referred to in paragraph 1 gives rise lots . to a dispute, the intervention agency shall arrange for a second inspection by a service different from that 3. If the tenders do not appear to be in line with the mentioned in paragraph 1 , the findings of which shall be prices normally prevailing on the market, the intervention final. The costs relating thereto shall be borne by the agency may, with the agreement of the Commission, losing party. decide not to award the contract. 4. Where the inspection provided for in the preceding 4. The intervention agency shall communicate the paragraphs reveals that the goods do not satisfy the requirements stipulated, they must be refused and results of the tendering procedure to all the tenderers by letter or telex sent not later than the first working day replaced. Where some quantities are missing the following the award decision. successful tenderer must make up the cargo.

Article 6 Article 4 1 . A taking-over certificate shall be issued by the reci­ 1 . The successful tenderer shall contract as necessary, pient immediately following unloading at the final desti­ at his own expense, for carriage of the goods to the final nation. It shall state the place and date of taking over and destination and shall bear all the costs involved, including give a description of the goods taken over in the form those of unloading and warehousing at the destination. given in Annex II and any comments by the recipient. He shall take out suitable insurance. 2. Where the taking-over certificate is not issued for 2. The successful tenderer shall bear all the risks rela­ reasons other than a dispute about the goods, proof of ting to the goods, in particular of loss or deterioration to delivery may be provided by means of a certificate of the which the goods are subject, until they have effectively form given in Annex II endorsed by the Community been unloaded and delivered to the final destination . representative in the country of destination.

3 . The successful tenderer shall communicate as soon Article 7 as possible to the recipient's representative the date of loading, the means of transport used to consign the goods 1 . Payment to the successful tenderer shall be made by to the final destination, and the probable date of arrival. the intervention agency of the Member State in which the He shall immediately send this information to the inter­ customs export formalities are completed. vention agency responsible for payment, which shall forward it without delay to the Commission. 2. The amount to be paid shall be that of the tender plus, where appropriate, the costs referred to in The tenderer shall advise the recipient's representative, at Article 9 . It shall be paid in the currency of the Member least three days in advance, of the probable date of arrival State which is responsible for payment. For this purpose of the goods at the final destination. this amount shall be converted by using :

— where the currencies in question are maintained Article 5 within a maximum spread at any one time of 2,25 % , the conversion rate resulting from their central rate, 1 . The intervention agency of the country of shipment — in other cases, the relationship between the two shall arrange for a check at the port, before loading, on currencies concerned established by using the latest the quantity, quality and packaging of the goods. statement of their spot exchange rates made immedia­ Following inspection an attestation shall be issued by the tely prior to the closing date for the submission of intervention agency. The costs relating thereto shall be tenders as published in the 'C' series of the Official borne by the successful tenderer. Journal of the European Communities.

13 . 3 . 87 Official Journal of the European Communities No L 70/ 11

Article 9 3 . The amount referred to in paragraph 2 shall be paid to the successful tenderer on presentation of the original If the successful tenderer, for reasons of force majeure, of the taking-over certificate or a certified copy thereof, or, if this is not available, of the certificate referred to in has to bear exceptional costs in respect of the delivery made under this Regulation which cannot be covered by Article 6 (2). insurance, he may receive compensation therefor on 4. The intervention agency is hereby authorized to production of supporting documents and with the prior make without delay an initial payment of 80 % of the agreement of the Commission. value of the quantity given in the bill of lading, on presentation of a copy of that document, of the attestation Article 10 referred to in Article 5 (1 ) and of the fumigation certifi­ cate, and subject to the provision of a security for an Except in case of force majeure the successful tenderer amount equal to the initial payment. shall bear all the financial consequences of the non-deli­ very of the goods under the conditions laid down in this The said security shall be provided as laid down in Article Regulation if the recipient had made delivery possible 5 (2) of Regulation (EEC) No 1974/80 . under such conditions.

Article 8 The costs resulting from the non-delivery of the goods following a case of force majeure shall be borne by the 1 . The security referred to in Article 2 shall be intervention agency responsible for payment. immediately released to : Article 11 — every tenderer whose tender was not successful or was not accepted, Articles 21 and 22 (1 ) and (2) of Regulation (EEC) No — the successful tenderer in respect of quantities not 1974/80 shall apply in the context of this Regulation. delivered on account of force majeure, — the successful tenderer in respect of the quantities The intervention agency responsible for payment shall, on delivered in accordance with this Regulation and on receipt, send the information referred to in Article 4 (3) to the Commission . presentation of the original of the taking-over certifi­ cate or a certified true copy thereof or, The intervention agency in the country of shipment shall where appropriate, the certificate referred to in send the Commission, without delay, the results of the Article 6 (2). inspection referred to in Article 5. 2. The security referred to in Article 7 (4) shall be released immediately when the successful tenderer furni­ Article 12 shes the proof in accordance with Article 6 that at least 80 % of the quantity provided for has been delivered in This Regulation shall enter into force on the day conformity with the conditions laid down in this Regula­ following its publication in the Official Journal of the tion . European Communities.

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

Done at Brussels, 12 March 1987.

For the Commission Frans ANDRIESSEN Vice-President

No L 70/ 12 Official Journal of the European Communities 13 . 3 . 87

ANNEX I

1 . Programme : 1986 — Operation No 44/87 (') 2. Recipient : Lesotho 3 . Place or country of destination : Lesotho 4. Product to be mobilized : common wheat 5. Total quantity : 7 000 tonnes 6 . Number of lots : one 7. Intervention agency responsible for conducting the procedure : Bundesanstalt für landwirtschaftliche Marktordnung (BALM), Adickesallee 40, D-6000 Frankfurt/Main (Telex 411 475) 8 . Method of mobilizing the product : the Community market 9 . Characteristics of the goods : common wheat of fair, sound and merchantable quality, free from abnormal smell and pests, which produces dough which does not stick during the mechanical kneading process The common wheat must meet the following conditions : — moisture : 14,5 % maximum (ICC Method No 110) — protein content : 11,5 % minimum (N x 5,7 in terms of dry matter) (ICC Method No 105) — Hagberg falling number of at least 220, including the preparation (agitation) time of 60 seconds (ICC Method No 107) — Zeleny index of at least 20 (ICC Method No 118) 10 . Packaging : in bulk 1 1 . Port of shipment : a Community port 12. Delivery stage : delivered destination — Lesotho Flour Mills, Private bag A62, Maseru 100, Telex 329 BB, Tel. : 23498 13 . Procedure to be applied in order to determine supply costs : tendering 14. Deadline for the submission of tenders : 12 noon on 31 March 1987 15. Shipment period : 15 May to 15 June 1987 16. Security : 10 ECU per tonne

Notes 1 . The successful tenderer shall send a copy of the shipping documents to the following address : Commission Delegation in Lesotho, PO Box MS 518 , Maseru 100, Lesotho, Tel . 313 726, Telex 4351 lo DELEGEUR MASERU. 2. At the request of the beneficiary the successful tenderer may deliver a certificate from an official entity certifying that for the product to be delivered the standards applicable, relative to nuclear radiation, in the Member State concerned, have not been exceeded. 3 . As soon as the successful tenderer has been informed of the award of the contract, he shall contact the beneficiary or his representative without delay, in order to determine the necessary consignment docu­ ments, as well as the details of period, and other circumstances concerning shipment.

(') The operation number is to be quoted in all correspondence.

13 . 3 . 87 Official Journal of the European Communities No L 70/ 13

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.