{
  "url": "https://openlegislation.uk/eu-regulation-1997-2519/article-14",
  "json_url": "https://openlegislation.uk/eu-regulation-1997-2519/article-14.json",
  "legislation": "eur/1997/2519",
  "legislation_title": "Commission Regulation (EC) No 2519/97 of 16 December 1997 laying down general rules for the mobilization of products to be supplied under Council Regulation (EC) No 1292/96 as Community food aid",
  "legislation_url": "https://openlegislation.uk/eu-regulation-1997-2519",
  "path": "article/14",
  "kind": "article",
  "number": "14",
  "heading": null,
  "text": "1. The provisions of paragraphs 2 to 14 shall apply in the case of supply free at port of landing.\nThe stage of delivery shall be specified in the tender notice.\n2. The supplier shall arrange transport at his own expense by the route most appropriate having regard to the deadline referred to in paragraph 14, from the port of shipment indicated in his tender to the port of destination specified in the tender notice.\nHowever, at the supplier's written request, the Commission may permit another port of shipment to be used provided any costs this entails are borne by the supplier.\n3. The supplier shall arrange for the goods to be carried by sea on board vessels which are given the highest rating by Community or international classification societies and which meet all health requirements for the transport of foodstuffs. For embarkations in the Community, the classification societies are to fulfil the rules and requirements set out in Council Directive 94/57/EC.\nThe carriage of the goods by sea shall be carried out in conformity with the rules preventing the distortion of free and fair competition on a commercial basis laid down in Council Regulations (EEC) No 954/79, (EEC) No 4055/86 , (EEC) No 4056/86, (EEC) No 4057/86 and (EEC) No 4058/86 concerning Community maritime transport policy. The goods shall not be shipped by shipping companies whose practices have caused injury to Community shipowners or whose country of establishment has restricted freedom of access to cargoes for Member States' shipping companies or ships lawfully registered in a Member State, in particular during the validity of a Council Decision under Article 11 of Regulation (EEC) No 4057/86 or Article 4 (1) (b) of Regulation (EEC) No 4058/86.\nThe supplier shall certify to the monitor that the vessel used meets the abovementioned health requirements, and shall provide him with copies of the classification certificates.\n4. The supplier shall take out a maritime insurance policy or claim cover under a general policy. The insurance shall be for at least the tender amount and shall cover all risks associated with carriage and any other supply-related activity by the supplier up to the stage of delivery specified. It shall also cover all costs of sorting, withdrawal or destruction of damaged goods, repacking and analysis of goods where an average does not preclude their acceptance by the beneficiary.\nThe insurance policy shall take effect as soon as the goods insured leave the supplier's stores, and shall cease when the supply has been completed at the stage of delivery indicated in the tender notice and recording of that fact by the monitor in the final certificate of conformity.\nThe policy must also specify that cover has been granted in accordance with this Article.\n5. The supplier shall, as soon as the information is available to him, notify the beneficiary and the monitor in writing of the name and flag of the vessel, the loading date, the expected date of arrival at the port of landing and of any incident occurring while the goods are in transit.\nThe supplier shall give the beneficiary and the monitor ten days', five days', three days' and 48 hours' advance confirmation, or instruct the ship's captain or the correspondent of the shipping company to give such confirmation, of the ship's expected date of arrival at the port of landing.\n6. The goods may not be delivered in split consignments on more than one vessel, unless the Commission so agrees. In that case, the Commission shall require the supplier to bear the additional checking costs.\n7. The supplier shall bear the cost of loading the goods onto the vessel at the port of shipment and the freight charges.\nIn the case of supply ‘ex ship’ (not unloaded), the supplier shall not have to bear the costs of unloading or of any demurrage at the port of landing provided he has not hindered the unloading. The tender notice may provide that the supplier must pay to the Commission despatch money. A copy of the statement of facts and a breakdown of laytime must be submitted with the request for payment.\nIn the case of supply ‘ex quay’ (unloaded), the supplier shall bear the costs of unloading at the port of landing, including the placing of the goods on the quay alongside the vessel and, where necessary, the lighterage charges, including hiring, towing and unloading of the lighters and any demurrage in respect of the vessel or the lighters.\nIn the case of supply at port warehouse, the supplier, in addition to the costs referred to in the third subparagraph, shall bear the costs of handling and transfer of the goods from the ex quay stage up to and including their stowage in the port warehouse.\nIn the case of goods delivered in containers, supply shall be at the container terminal or the port warehouse stage. In this case, the detention free period shall be at least 15 days and clearly indicated in the bill of lading. In the case of supply at port warehouse, the supplier shall bear the costs of destuffing and stowage in the warehouse. Where containers have been used at the supplier's own initiative, but this was not specified in the tender notice, any related costs shall be borne by the supplier.\nThe supplier shall in all cases pay wharfage and similar dues where port regulations charge these to the vessel.\n8. The supplier shall carry out the formalities relating to the obtaining of the export license and customs clearance, bearing the related costs and charges. He shall not have to carry out the formalities relating to the obtaining of the import licence nor the customs import formalities, nor pay the related costs and charges.\n9. As soon as the goods have been shipped the supplier shall send the beneficiary the following documents, with copies to the monitor:\n(a) a pro forma invoice indicating that the operation relates to a Community aid free of charge;\n(b) a copy of the provisional certificate of conformity referred to in Article 16;\n(c) any document necessary for the customs clearance and taking-over by the beneficiary;\n(d) any other document specified in the tender notice.\nIn the case of supply ex ship, he shall also send the following documents:\n(a) the original of the bill of lading for the port of destination, or an equivalent document enabling the goods to be cleared through customs and unloaded by the recipient;\n(b) where appropriate, the charter party, booking note or any equivalent document, indicating in particular the lay days;\n(c) for full cargos, a technical note indicating the saltwater draught on arrival and the corresponding tonnage per centimetre (TPC) as well as the stowage plan.\nIn the case of supply ex quay or at port warehouse, he shall also send the following documents:\n(a) a copy of the bill of lading and, where appropriate, a packing list for goods supplied by container;\n(b) a delivery note enabling the goods to be cleared through customs and collected by the recipient.\n10. The bill of lading shall in every case indicate the carrier and be made out to order of the supplier's representative in the port of landing. However, at the beneficiary's written request the supplier must name the beneficiary or his representative as consignee, solely for the purposes of carrying out the customs import formalities.\nExcept in the case of supply ex ship, naming the beneficiary as consignee may not have the effect of making him liable to pay or prefinance all or part of the unloading costs. The names of the beneficiary and the monitor in the port of landing must in every case be entered in the ‘notify’ box.\n11. Without prejudice to paragraph 14, the supply shall be complete when all the goods have actually:\n(a) been delivered in the ship's hold, in the case of supply ex ship in accordance with the second subparagraph of paragraph 7;\n(b) been placed on the wharf in the case of supply ex quay in accordance with the third subparagraph of paragraph 7;\n(c) been stowed in the port warehouse or stacked in the container terminal, in the case of delivery in accordance with the fourth and fifth subparagraphs of paragraph 7.\n12. The supplier shall bear all risks, including loss or deterioration, to which the goods may be subject until completion of the supply and recording of that fact by the monitor in the final certificate of conformity at the stage of supply specified in paragraph 7.\n13. In the event of a discrepancy between the dates and quantities entered in the taking-over certificate and the final certificate of conformity, the Commission may carry out further checks on the basis of which new documents may be issued.\n14. All the goods must arrive at the port of landing by the deadline set in the tender notice. Where the tender notice specifies more than one port of landing with a single delivery deadline for the same lot, the goods must arrive at each port by that deadline.\nRecording of the vessel by the authorities of the port of landing shall be taken as proof of the date of arrival in that port. Where proof in the form of such recording is not available, the date of arrival shall be established by means of an extract from the ship's log book, confirmed by the monitor.\nThe tender notice may, where appropriate, specify a date before which any delivery will be considered premature, giving rise to a penalty under subparagraph (c) of Article 22 (4).\n15. Where delivery is impossible by the deadline set in the tender notice, the Commission, at the written request of the beneficiary, backed up by appropriate supporting evidence, may extend the deadline by up to 30 days in order to allow delivery to take place or cancel the contract. The supplier shall be obliged to accept the extension or cancellation.\nWhere, the delivery cannot take place by the extended deadline for reasons not attributable to the supplier, he may, at his request, be released from his obligations.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 319, 12. 12. 1994, p. 20."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 121, 17. 5. 1979, p. 1."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ L 378, 31. 12. 1986, p. 1."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "OJ L 378, 31. 12. 1986, p. 4."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "OJ L 378, 31. 12. 1986, p. 14."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "OJ L 378, 31. 12. 1986, p. 21."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/1997/2519/article/14",
    "retrieved_at": "2026-11-01T14:58:32.016847+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}