Commission Regulation (EC) No 2238/98 of 16 October 1998 on the supply of white sugar as food aid
Date: 1998-10-16
Institutions: European Commission
Subjects: Congo, Madagascar, food aid, white sugar

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COMMISSION REGULATION (EC) No 2238/98

of 16 October 1998

on the supply of white sugar as food aid

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1292/96 of
27 June 1996 on food-aid policy and food-aid manage-
ment and special operations in support of food security (1),
and in particular Article 24(1)(b) thereof,

Whereas the abovementioned Regulation lays down the
list of countries and organisations eligible for Community
aid 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 allo-
cated white sugar to certain beneficiaries;

Whereas it is necessary to make these supplies in accord-
ance with the rules laid down by Commission Regulation
(EC) No 2519/97 of 16 December 1997 laying down
general rules for the mobilisation of products to be
supplied pursuant to Council Regulation (EC) No 1292/
96 as Community food aid (2); whereas it is necessary to

specify the time limits and conditions of supply to deter-
mine the resultant costs,

HAS ADOPTED THIS REGULATION:

Article 1

White sugar shall be mobilised in the Community, as
Community food aid for supply to the recipient listed in
the Annex, in accordance with Regulation (EC) No 2519/
97 and under the conditions set out in the Annex.

The 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, 16 October 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 166, 5. 7. 1996, p. 1.
(2) OJ L 346, 17. 12. 1997, p. 23.

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ANNEX

LOT A

1. Action No: 240/97 (A1); 241/97 (A2); 282/97 (A3)

2. Beneficiary (2): Euronaid, PO Box 12, 2501 CA Den Haag, Nederland

tel.

(31-70) 33 05 757; fax 36 41 701; telex 30960 EURON NL

3. Beneficiary’s representative: to be designated by the recipient

4. Country of destination: A1 and A2: Madagascar; A3: Democratic Republic of Congo

5. Product to be mobilized: white sugar

6. Total quantity (tonnes net): 72

7. Number of lots: one in three parts (A1: 36 tonnes; A2: 18 tonnes; A3: 18 tonnes)

8. Characteristics and quality of the product (3) (5) (9): see OJ C 114, 29.4.1991, p. 1 (V.A.(1))

9. Packaging (7) (8): see OJ C 267, 13.9.1996, p. 1 (11.2 A 1.b, 2.b and B.4)

10. Labelling or marking (6): see OJ C 114, 29.4.1991, p. 1 (V.A.(3))

— Language to be used for the markings: French
— Supplementary markings: —

11. Method of mobilization of the product: sugar produced in the Community in accordance with the
sixth subparagraph of Article 24(1a) of Council Regulation (EEC) No 1785/81 as follows: A or B sugar
(points (a) and (b))

12. Specified delivery stage: free at port of shipment

13. Alternative delivery stage: —

14.

(a) Port of shipment: —

(b) Loading address: —

15. Port of landing: —

16. Place of destination: —

— port or warehouse of transit: —
— overland transport route: —

17. Period or deadline of supply at the specified stage:

— first deadline: 23.11 to 13.12.1998
— second deadline: 7 to 27.12.1998

18. Period or deadline of supply at the alternative stage:

— first deadline: —
— second deadline: —

19. Deadline for the submission of tenders (12 noon, Brussels time):

— first deadline: 2.11.1998
— second deadline: 16.11.1998

20. Amount of tendering guarantee: ECU 15 per tonne

21. Address for submission of tenders and tendering guarantees (1):

Bureau de l’aide alimentaire, Attn Mr T. Vestergaard, B(cid:131)timent Loi 130, bureau 7/46, Rue de la Loi/
Wetstraat 200, B-1049 Bruxelles/Brussel; telex 25670 AGREC B; fax (32-2) 296 70 03 / 296 70 04 (ex-
clusively)

22. Export refund (4): periodic refund applicable to white sugar on 9.10.1998, fixed by Commission Regula-

tion (EC) No 2149/98 (OJ L 271 8.10.1998, p. 5)

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Notes:

(1) Supplementary information: Andr(cid:130) Debongnie (tel.:

(32-2) 295 14 65)

Torben Vestergaard (tel.:

(32-2) 299 30 50).

(2) The supplier shall contact the beneficiary or its representative as soon as possible to establish which

consignment documents are required.

(3) The supplier 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.

(4) Commission Regulation (EC) No 259/98 (OJ L 25, 31.1.1998, p. 39), is applicable as regards the export
refund. The date referred to in Article 2 of the said Regulation is that indicated in point 22 of this Annex.

The supplier’s attention is drawn to the last subparagraph of Article 4(1) of the above Regulation. The
photocopy of the export licence shall be sent as soon as the export declartion has been accepted (fax (32-2)
296 20 05).

(5) The supplier shall supply to the beneficiary or its representative, on delivery, the following document:

— health certificate.

(6) Notwithstanding OJ C 114 of 29.4.1991, point V.A(3)(c) is replaced by the following: ‘the words “European

Community”'.

(7) Since the goods may be rebagged, the supplier must provide 2 % of empty bags of the same quality as

those containing the goods, with the marking followed by a capital ‘R'.

(8) Shipment to take place in 20-foot containers, condition FCL/FCL.

The supplier shall be responsible for the cost of making the container available in the stack position at the
container terminal at the port of shipment. The beneficiary shall be responsible for all subsequent loading
costs, including the cost of moving the containers from the container terminal.

The supplier has to submit to the beneficiary’s agent a complete packing list of each container, specifying
the number of bags belonging to each action number as specified in the invitation to tender.

The supplier has to seal each container with a numbered locktainer (Oneseal, Sysko, Locktainer 180 or a
similar high-security seal) the number of which is to be provided to the beneficiary’s representative.

(9) The rule provided at the second indent of Article 18(2)(a) of Commission Regulation (EEC) No 2103/77
(OJ L 246, 27.9.1977, p. 12), as last amended by Regulation (EC) No 260/96 (OJ L 34, 13.2.1996, p. 16), is
binding for determination of the sugar category.