COMMISSION REGULATION (EEC) No 2114/92

of 27 July 1992

on the supply of various consignments of white sugar as food aid

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 3972/86 of 22 December 1986 on food-aid policy and food-aid management (1), as last amended by Regulation (EEC) No 1930/90 (2), and in particular Article 6 (1) (c) thereof,

Whereas Council Regulation (EEC) No 1420/87 of 21 May 1987 laying down implementing rules for Regulation (EEC) No 3972/86 on food-aid policy and food-aid management (3) lays down the list of countries and organizations eligible for food-aid operations and specifies the general criteria on the transport of food aid beyond the fob stage;

Whereas following the taking of a number of decisions on the allocation of food aid the Commission has allocated to certain countries and beneficiary organizations 2 111 tonnes of sugar;

Whereas it is necessary to provide for the carrying out of this measure in accordance with the rules laid down by Commission Regulation (EEC) No 2200/87 of 8 July 1987 laying down general rules for the mobilization in the Community of products to be supplied as Community food aid (4), as amended by Regulation (EEC) No 790/91 (5); whereas it is necessary to specify the time limits and conditions of supply and the procedure to be followed to determine the resultant costs;

Whereas, notably for logistical reasons, certain supplies were not awarded within the first and second deadlines for submission of tenders; whereas, in order to avoid republication of the notice of invitation to tender, a third deadline for submission of tenders should be opened,

HAS ADOPTED THIS REGULATION:

Article 1

White sugar shall be mobilized in the Community, as Community food aid for supply to the recipients listed in the Annexes, in accordance with Regulation (EEC) No 2200/87 and under the conditions set out in the Annexes. Supplies shall be awarded by the tendering procedure.

The successful tenderer is deemed to have noted and accepted all the general and specific conditions applicable. Any other condition or reservation included in his tender is deemed unwritten.

Article 2

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.

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

Done at Brussels, 27 July 1992. For the Commission

Ray MAC SHARRY

Member of the Commission

ANNEX I

LOTS A and B

1. Operation Nos (1): 517/520/92 and 552-554 (lot A); 555-593/92 and 1221/1223/91 (lot B)

2. Programme: 1991 + 92

3. Recipient (9): Euronaid, Rhijngeesterstraatweg 40, Postbus 77, NL-2340 AB Oegstgeest

4. Representative of the recipient (2): see OJ No C 103, 16. 4. 1987

5. Place or country of destination: see Annex II

6. Product to be mobilized: white sugar

7. Characteristics and quality of the goods (3): see OJ No C 114, 29. 4. 1991, p. 1, (under V.A.1.)

8. Total quantity: 2 111 tonnes

9. Number of lots: Two (lot A: 396 tonnes; lot B: 1 715 tonnes)

10. Packaging and marking (4) (8) (10): see OJ No C 114, 29. 4. 1991, p. 1 (under V.A.2 and V.A.3).

Markings in Portuguese, Spanish, French and English

Supplementary markings on the packaging: see Annex II

11. Method of mobilization (7): sugar produced in the Community as defined at (a) and (b) in the sixth subparagraph of Article 24 (1a) of Council Regulation (EEC) No 1785/81 (OJ No L 177, 1. 7. 1981, p. 4)

12. Stage of supply: free at port of shipment

13. Port of shipment: -

14. Port of landing specified by the recipient: -

15. Port of landing: -

16. Address of the warehouse and, if appropriate, port of landing: -

17. Period for making the goods available at the port of shipment: 10. 9 - 30. 9. 1992

18. Deadline for the supply: -

19. Procedure for determining the costs of supply: invitation to tender

20. In the case of an invitation to tender, date of expiry of the period allowed for submission of tenders: 11. 8. 1992 at 12 noon

21. A. In the case of a second invitation to tender:

(a) deadline for the submission of tenders: 25. 8. 1992 at 12 noon

(b) period for making the goods available at the port of shipment: 25. 9. - 15. 10. 1992

(c) deadline for the supply: -

B. In the case of a third invitation to tender:

(a) deadline for the submission of tenders: 8. 9. 1992 at 12 noon

(b) period for making the goods available at the port of shipment: 10. 10. - 30. 10. 1992

(c) deadline for the supply: -

22. Amount of the tendering security: ECU 15 per tonne

23. Amount of the delivery security: 10 % of the amount of the tender in ecus

24. Address for submission of tenders: (5)

Bureau de l'aide alimentaire,

à l'attention de Monsieur N. Arend,

Bâtiment Loi 120, bureau 7/46,

200, rue de la Loi,

B-1049 Bruxelles;

telex 22037 AGREC B or 25670 AGREC B

25. Refund payable on request by the successful tenderer (6): periodic refund applicable to white sugar on 9. 7. 1992, fixed by Commission Regulation (EEC) No 1872/92 (OJ No L 189, 9. 7. 1992, p. 11)

Notes:

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

(2) Commisson delegate to be contacted by the successful tenderer: see list published in OJ No C 114, 29. 4. 1991, p. 33.

(3) The successful tenderer shall deliver to the beneficiary 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.

The radioactivity certificate must indicate the caesium-134 and -137 and iodine -131 levels (and be legalized for Egypt and Sudan).

The successful tenderer shall supply to the beneficiary or its representative, on delivery, the following documents:

- phytosanitary certificate,

- certificate of origin (legalized for Egypt).

(4) 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`.

(5) In order not to overload the telex, tenderers are requested to provide, before the date and time laid down in point 20 of these Annexes, evidence that the tendering security referred to in Article 7 (4) (a) of Regulation (EEC) No 2200/87 has been lodged, preferably:

- either by porter at the office referred to in point 24 of these Annexes,

- or by telecopier on one of the following numbers in Brussels:

295 01 32,

296 10 97,

295 01 30,

296 20 05,

296 33 04.

(6) Commission Regulation (EEC) No 2330/87 (OJ No L 210, 1. 8. 1987) is applicable as regards the export refund and, where appropriate, the monetary and accession compensatory amounts, the representative rate and the monetary coefficient. The date referred to in Article 2 of the abovementioned Regulation is that referred to in point 25 of these Annexes.

(7) The rule provided at the second indent of Article 18 (2) (a) of Regulation (EEC) No 2103/77 is binding for determination of the sugar category.

(8) Lot B: The successful tenderer has to submit to the recipent's agent complete packing list of each container, specifying number of bags belonging to each shipping number as specified in the invitation to tender.

The successful tenderer has to seal each container with a numbered loctainer, number of which to be provided to the beneficiary's forwarded.

Shipment to take place in 20-foot containers, condition FCL/FCL. The supplier shall be responsible for the cost of making the containers available in the stack position at the container terminal at the port of shipment. The recipient shall be responsible for all subsequent loading costs, including the cost of moving the containers from the container terminal.

The provisions of Article 13 (2), second paragraph, of Regulation (EEC) No 2200/87 shall not apply.

(9) The successful tenderer shall contact the recipient as soon as possible to establish which consignment documents are required and how they are to be distributed.

(10) The supplier should send a duplicate of the original invoice to: M. De Keyzer and Schuetz BV, Postbus 1438, Blaak 16, NL-3000 BK Rotterdam.

ANEXO II - BILAG II - ANHANG II - ÐÁÑÁÑÔÇÌÁ II - ANNEX II - ANNEXE II - ALLEGATO II - BIJLAGE II - ANEXO II

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