COMMISSION REGULATION (EEC) No 3161/89 of 23 October 1989 on the supply of a consignment 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 1750/89 (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 decision on the allocation of food aid the Commission has allocated to the UNHCR 200 tonnes of white 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); whereas it is necessary to specify the time limits and conditions of supply and the procedure to be followed to determine the resultant costs,

HAS ADOPTED THIS REGULATION:

Article 1

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

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, 23 October 1989.

For the Commission

Ray MAC SHARRY

Member of the Commission

(1) OJ No L 370, 30. 12. 1986, p. 1.

(2) OJ No L 172, 21. 6. 1989, p. 1.

(3) OJ No L 136, 26. 5. 1987, p. 1.

(4) OJ No L 204, 25. 7. 1987, p. 1.

ANNEX

1. Operation No (1): 375/89

2. Programme: 1989

3. Recipient : M. G. Coosemans, UNHCR, Case Postale 2500, CH-1211 Geneva 2 Depot, tel. 739 39 81 11, telex 27492 UNHCR CH

4. Representative of the recipient (2) (7): Croissant Rouge Algérien, 15 bis, Boulevard Mohamed V, Alger, télex 52914

5. Place or country of destination: Algeria

6. Product to be mobilized: white sugar

7. Characteristics and quality of the goods (3) (5) (6): white sugar of category 2 standard quality (Council Regulation (EEC) No 793/72 (OJ No L 94, 21. 4. 1972, p. 1)) meeting the requirements set out in Article 3 (3) of Commission Regulation (EEC) No 2103/77 (OJ No L 246, 27. 9. 1977, p. 12)

8. Total quantity: 200 tonnes

9. Number of lots: one

10. Packaging and marking (10): new jute bags, with inner polythene bag at least 0,05 mm thick, minimum weight of jute and polythene 420 g, net capacity 50 kilograms

Marking on bags (at least 5 cm high):

'ACTION No 375/89 / SUCRE / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE AU PROGRAMME DU H.C.R. EN FAVEUR DES RÉFUGIÉS SAHRAOUIS EN ALGÉRIE / POUR DISTRIBUTION GRATUITE / ALGER'

11. Method of mobilization (9): sugar produced in the Community as defined at (a) and (b) in the sixth subparagraph of Article 24 (a) of Council Regulation (EEC) No 1785/81 (OJ No L 177, 1. 7. 1981, p. 4)

12. Stage of supply: free at port of landing - landed

13. Port of shipment: -

14. Port of landing specified by the recipient: -

15. Port of landing: Algiers

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

17. Period for making the goods available at the port of shipment where the supply is awarded at the port of shipment stage: 1 to 25. 12. 1989

18. Deadline for the supply: 25. 1. 1990

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: 7. 11. 1989 at 12 noon

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

(a) deadline for the submission of tenders: 21. 11. 1989 at 12 noon

(b) period for making the goods available at the port of shipment where the supply is awarded at the port of shipment stage: 15. 12. 1989 to 10. 1. 1990

(c) deadline for the supply: 10. 2. 1990

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 (4):

Bureau de l'aide alimentaire,

à l'attention de Monsieur N. Arend,

Bâtiment Loi 120, bureau 7/58,

200 rue de la Loi,

B-1049 Brussels;

telex AGREC 22037 B

25. Refund payable on request by the successful tenderer (8): periodic refund applicable to white sugar on 1. 10. 1989 fixed by Commission Regulation (EEC) No 2890/89 (OJ No L 279, 28. 9. 1989, p. 8)

Notes:

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

(2) Commission delegate to be contacted by the successful tenderer: see list published in Official Journal of the European Communities No C 227 of 7 September 1985, page 4.

(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 levels.

(4) In order not to overload the telex, tenderers are requested to provide, before the date and time laid down in point 20 of the Annex, 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 the Annex,

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

235 01 32

236 10 97

235 01 30

236 20 05

(5) The successful tenderer shall give the beneficiaries' representatives at the time of delivery, a health certificate.

(6) The successful tenderer shall give the beneficiaries' representatives at the time of delivery, a certificate of origin.

(7) 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.

(8) Commission Regulation (EEC) No 2330/87 (OJ No L 210, 1. 8. 1987, p. 56), as last amended by Regulation (EEC) No 2226/89 (OJ No L 214, 24. 7. 1989, p. 10) 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 the Annex.

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

(10) 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'.