CELEX: 31997R2272
Language: en
Date: 1997-11-14 00:00:00
Title: COMMISSION REGULATION (EC) No 2272/97 of 14 November 1997 on the supply of white sugar as food aid

L 313 / 10         I EN I             Official Journal of the European Communities                                15 . 11 . 97
                                     COMMISSION REGULATION (EC) No 2272/97
                                                      of 14 November 1997
                                        on the supply of white sugar as food aid
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      the possibility for tenderers to indicate two ports of
  Having regard to the Treaty establishing the European            loading, where necessary not belonging to the same port
                                                                   area ,
  Community,
  Having regard to Council Regulation (EC) No 1292/96 of
  27 June 1996 on food-aid policy and food-aid                    HAS ADOPTED THIS REGULATION :
  management and special operations in support of food
 security ('), and in particular Article 24 ( 1 ) (b) thereof,
                                                                                           Article 1
 Whereas the abovementioned Regulation lays down the
 list of countries and organizations eligible for food-aid        White sugar shall be mobilized in the Community, as
 operations and specifies the general criteria on the             Community food aid for supply to the recipient listed in
 transport of food aid beyond the fob stage;                      the Annex, in accordance with Regulation (EEC) No
                                                                  2200 / 87 and under the conditions set out in the Annex.
 Whereas, following the taking of a number of decisions           Supplies shall be awarded by the tendering procedure .
 on the allocation of food aid, the Commission has
 allocated sugar to certain beneficiaries;                        For lot A, notwithstanding Article 7 (3) (d) of Regulation
 Whereas it is necessary to make these supplies in                (EEC) No 2200/87, the tender may indicate two ports of
 accordance with the rules laid down by Commission                shipment not necessarily belonging to the same port area .
 Regulation (EEC) No 2200/87 of 8 July 1987 laying down           The successful tenderer is deemed to have noted and
 general rules for the mobilization in the Community of           accepted all the general and specific conditions
 products to be supplied as Community food aid (2), as            applicable . Any other condition or reservation included in
 amended by Regulation (EEC) No 790/91 (3); whereas it is         his tender is deemed unwritten .
 necessary to specify the time limits and conditions of
 supply and the procedure to be followed to determine the
 resultant costs;                                                                          Article 2
 Whereas, for a given lot, given the small quantities to be       This Regulation shall enter into force on the day
 supplied, the packaging methods and the large number of          following its publication in the Official Journal of the
 destinations of the supplies, provision should be made for       European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 14 November 1997 .
                                                                            For the Commission
                                                                               Franz FISCHLER
                                                                         Member of the Commission
(') OJ L 166, 5. 7. 1996, p. 1 .
(2) OJ L 204, 25. 7. 1987, p. 1 .
P) OJ L 81 , 28 . 3. 1991 , p. 108 .
 ---pagebreak--- 15. 11 . 97            | EN I                Official Journal of the European Communities                                 L 313/ 11
                                                                 ANNEX
                                                              LOTS A and B
                1 . Operation Nos ('): 496/96 (Al ); 497/96 (A2); 505/96 (A3); 471 /96 (B)
               2. Programme: 1996
               3. Recipient ('): Euronaid, PO Box 12, NL-2501 CA Den Haag, Nederland (tel.: (31 70) 33 05 757; fax:
                     36 41 701 ; telex: 30960 EURON NL)
               4. Representative of the recipient: to be designated by the recipient
               5. Place or country of destination: Al 4- A2: Madagascar; A3: Mali; B: Ecuador
               6. Product to be mobilized: white sugar
               7. Characteristics and quality of the goods (3) (5) Q: see OJ C 114, 29. 4. 1991 , p. 1 (V.A(1 ))
               8 . Total quantity (tonnes): 432
               9. Number of lots: two (A: 126 tonnes (Al : 72 tonnes; A2: 36 tonnes; A3: 18 tonnes); B: 306 tonnes)
             10. Packaging and marking (*) (9) (10): see OJ C 267, 13 . 9. 1996, p. 1 ( 11.2.A l.b), 2.b) and B.4)
                     see OJ C 114, 29 . 4. 1991 , p. 1 (V.A.(3))
                     Language to be used for the marking: A: French; B: Spanish
             1 1 . Method of mobilization: sugar produced in the Community in accordance with the sixth sub­
                     paragraph of Article 24 ( la) of Council Regulation (EEC) No 1785/81 as follows:
                    A or B sugar (points (a) and (b))
            12. Stage of supply: free at port of shipment (8)
            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: 22. 12. 1997 — 11.1 . 1998
            18 . Deadline for the supply: —
            19 . Procedure for determining the costs of supply: invitation to tender
            20 . Date of expiry of the period allowed for submission of tenders: 1.12. 1997 [ 12 noon (Brussels
                    time)]
            21 . In the case of a second invitation to tender:
                   (a) deadline for the submission of tenders: 15. 12. 1997 [ 12 noon (Brussels time)]
                    (b) period for making the goods available at the port of shipment: 5 — 25. 1 . 1998
                   (c) deadline for the supply: —
            22. Amount of tendering security: ECU 15 per tonne
            23. Amount of delivery security: 10 % of the amount of the tender in ecus
            24. Address for submission of tenders and tendering securities ('): Bureau de 1 aide alimentaire, Attn
                   Mr T. Vestergaard, Bâtiment Loi 130, bureau 7/46, Rue de la Loi/Wetstraat 200, B- 1 049 Bruxelles/
                    Brussel
                   telex: 25670 AGREC B; fax: (32-2) 296 70 03 / 296 70 04 (exclusively)
            25. Refund payable on application by the successful tenderer (4): periodic refund applicable to white
                   sugar on 10. 11 . 1997, fixed by Commission Regulation (EC) No 2202/97 (OJ L 303, 6. 1 1 . 1997, p. 7)
 ---pagebreak--- L 313 / 12            | EN                  Official Journal of the European Communities                                     15 . 11 . 97
                                                                   LOT C
               1 . Operation No ('): 64/97 (Cl ); 65/97 (C2); 66/97 (C3)
              2. Programme: 1997
              3. Recipient (2): CICR, 19 avenue de la Paix, CH-1202 Genève (tel .: (41 22) 734 60 01 ; telex: 22269 CICR
                    CH)
              4. Representative of the recipient: ICRC Tbilissi, Dutu Megreli Road 1 , 380003 Tbilissi (tel.: (788 32)
                    935511 ; fax: (78832) 935520)
              5. Place or country of destination : Cl + C2: Georgia; C3: Russia
              6. Product to be mobilized: white sugar
              7. Characteristics and quality of the goods (3) (5) f): see OJ C 114, 29. 4. 1991 , p. 1 (V. A(l ))
              8 . Total quantity (tonnes): 220
              9. Number of lots: one (in three parts) (Cl : 50 tonnes; C2: 85 tonnes; C3: 85 tonnes)
            10 . Packaging and marking (6) (9): see OJ C 267, 13. 9. 1996, p. 1 (1 1.2.A ( 1 ) (a), (2) (a) and B (2))
                    see OJ C 114, 29. 4. 1991 , p. 1 (V.A(3))
                    Language to be used for the marking: English
                    Supplementary markings: 'AM — 0042' (Cl ); 'GG — 0102' (C2 4- C3)
            1 1 . Method of mobilization: sugar produced in the Community in accordance with the sixth subpara­
                   graph of Article 24 ( la) of Council Regulation (EEC) No 1785/81 as follows: A or B sugar (points (a) and
                   (b))
            12. Stage of supply: free at destination
            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: Cl 4- C2: see point 4; C3: ICRC
                   warehouse, Castello street 30A, Adler, Sochi/Russia (transport documents should mention : 'Final destina­
                   tion Sukhumi: Humanitarian aid in transit through Russia')
            17. Period for making the goods available at the port of shipment where the supply is awarded at
                   the port of shipment stage: 29 . 12. 1997 — 11 . 1 . 1998
            18 . Deadline for the supply: 8 . 2. 1998
           19 . Procedure for determining the costs of supply: invitation to tender
           20. Date of expiry of the period allowed for submission of tenders: 1 . 12. 1997 ( 12 noon (Brussels
                   time))
           21 . In the case of a second invitation to tender:
                  (a) deadline for the submission of tenders: 15. 12. 1997 ( 12 noon (Brussels time))
                  (b) period for making the goods available at the port of shipment where the supply is awarded at the
                        port of shipment stage: 12 — 25. 1 . 1998
                  (c) deadline for the supply: 22. 2. 1998
           22. Amount of tendering security: ECU 15 per tonne
           23. Amount of delivery security: 10 % of the amount of the tender in ecus
           24. Address for submission of tenders and tendering securities ('):
                  Bureau de l'aide alimentaire,
                  Attn Mr T. Vestergaard,
                  Batiment Loi 130 , bureau 7/46,
                  Rue de la Loi/Wetstraat 200 ,
                  B-1049 Brussels
                  telex: 25670 AGREC B; fax: (32 2) 296 70 03 / 296 70 04 (exclusively)
           25. Refund payable on application by the successful tenderer (4): periodic refund applicable to white
                  sugar on 10. 11 . 1997, fixed by Commission Regulation (EC) No 2202/97 (OJ L 303, 6. 11 . 1997, p. 7)
 ---pagebreak--- 15. 11 . 97        [ EN |                 Official Journal of the European Communities                                          L 313 / 13
            Notes:
             (') The operation number should be mentioned in all correspondence.
             (2) The successful tenderer shall contact the recipient as soon as possible to establish which consignment
                 documents are required.
             (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 .
             (4) Commission Regulation (EEC) No 2330/87 (OJ L 210, 1 . 8 . 1987, p. 56), as last amended by Regulation
                 (EEC) No 2226/89 (OJ L 214, 25. 7. 1989, p. 10), is applicable as regards the export refund. The date
                 referred to in Article 2 of the abovementioned Regulation is that referred to in point 25 of this Annex.
                 The amount of the refund shall be converted into national currency by applying the agricultural conver­
                 sion rate applicable on the day of completion of the customs export formalities. The provisions of
                 Articles 13 to 17 of Commission Regulation (EEC) No 1068/93 (OJ L 108, 1.5. 1993, p. 106), as last
                 amended by Regulation (EC) No 1482/96 (OJ L 188, 27. 7. 1996, p. 22), shall not apply to this amount.
             (5) The successful tenderer shall supply to the beneficiary or its representative, on delivery, the following
                 document:
                 — health certificate .
             (6) 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'.
             O 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.
             (8) Notwithstanding Article 7 (3) (d) of Regulation (EEC) No 2200/87, the tender may indicate two ports of
                 shipment not necessarily belonging to the same port area.
             (9) Notwithstanding OJ C 114, point VA (3) (c) is replaced by the following: 'the words "European Com­
                 munity"'.
            (10) Shipment to take place in 20-foot containers, condition FCL/FCL, each containing 18 tonnes net.
                 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.
                 The supplier has to submit to the recipient's agent a complete packing list of each container, specifying
                 the number of bags belonging to each shipping number as specified in the invitation to tender.
                 The supplier has to seal each container with a numbered locktainer (Sysko locktainer 180 seal), the
                 number of which is to be provided to the beneficiary's forwarder.