CELEX: 31997R0445
Language: en
Date: 1997-03-07 00:00:00
Title: COMMISSION REGULATION (EC) No 445/97 of 7 March 1997 on the supply of cereals as food aid

8 . 3 . 97         [ EN                 Official Journal of the European Communities                              No L 68 /9
                                         COMMISSION REGULATION (EC) No 445/97
                                                         of 7 March 1997
                                             on the supply of cereals as food aid
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        supply and the procedure to be followed to determine the
                                                                    resultant costs,
 Having regard to the Treaty establishing the European
 Community,
 Having regard to Council Regulation (EC) No 1292/96 of             HAS ADOPTED THIS REGULATION :
 27 June 1996 on food-aid policy and food-aid
 management and special operations in support of food                                        Article 1
 security ('), and in particular Article 24 ( 1 ) (b) thereof,
                                                                    Cereals shall be mobilized in the Community, as
 Whereas the abovementioned Regulation lays down the                Community food aid for supply to the recipient listed in
 list of countries and organizations eligible for food-aid
                                                                    the Annex, in accordance with Regulation (EEC) No
 operations and specifies the general criteria on the               2200 / 87 and under the conditions set out in the Annex.
 transport of food aid beyond the fob stage;                        Supplies shall be awarded by the tendering procedure .
 Whereas, following the taking of a number of decisions             The successful tenderer is deemed to have noted and
 on the allocation of food aid, the Commission has
 allocated cereals to certain beneficiaries;                        accepted all the general and specific conditions
                                                                    applicable . Any other condition or reservation included in
 Whereas it is necessary to make these supplies in                  his tender is deemed unwritten .
 accordance with the rules laid down by Commission
 Regulation (EEC) No 2200/87 of 8 July 1987 laying down                                      Article 2
 general rules for the mobilization in the Community of
 products to be supplied as Community food aid (2), as              This Regulation shall enter into force on the day
 amended by Regulation (EEC) No 790/91 f); whereas it is            following its publication in the Official Journal of the
 necessary to specify the time limits and conditions of             European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                   Done at Brussels, 7 March 1997 .
                                                                              For the Commission
                                                                                 Franz FISCHLER
                                                                         Member of the Commission
(') OJ No L 166, 5. 7. 1996, p. 1 .
(2) OJ No L 204, 25. 7. 1987, p. 1 .
 3 OJ No L 81 , 28 . 3 . 1991 , p. 108 .
 ---pagebreak--- No L 68 / 10              EN                Official Journal of the European Communities                                 8 . 3 . 97
                                                                   ANNEX
                                                                   LOT A
                1 . Operation No ('): 122/96
               2. Programme: 1996
               3. Recipient (2): Cape Verde
               4. Representative of the recipient: Moave, Moagem de Cabo Verde SARL, avenue Marginal, BP 90, São
                     Vicente (Tel: (238) 31 55 29/31 52 15, fax: 31 30 77, telex: 3082 (contact: Sr. Euclides Oliveira))
               5. Place or country of destination (5): Cape Verde
               6. Product to be mobilized : common wheat
               7. Characteristics and quality of the goods (3) Q: see OJ No C 114, 29. 4. 1991 , p. 1 (IIA(l)(a))
               8 . Total quantity (tonnes): 4 000
              9 . Number of lots: one
             10. Packaging and marking ^): see OJ No C 267, 13. 9. 1996, p. 1 ( 1.0 A ( 1 ) (c)(2)(c) and B (2))
                     see OJ No C 114, 29. 4. 1991 , p. 1 (II. A (3))
                     Language to be used for the marking: Portuguese
            11 . Method of mobilization : the Community market
            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: Silo Moave port de Mindelo, Sao
                    Vicente
            1 7. Period for making the goods available at the port of shipment where the supply is awarded at
                    the port of shipment stage: 14 — 27. 4. 1997
            18 . Deadline for the supply: 18 . 5. 1997
            19 . Procedure for determining the costs of supply: invitation to tender
           20. Date of expiry of the period allowed for submission of tenders: 24. 3. 1997 ( 12 noon (Brussels
                    time))
           21 . In the case of a second invitation to tender:
                   (a) deadline for the submission of tenders: 8. 4. 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: 28 . 4 — 11 . 5. 1997
                   (c) deadline for the supply: 1 . 6 . 1997
           22. Amount of tendering security: ECU 5 per tonne
           23. Amount of the 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, à
                   l'attention de Monsieur T. Vestergaard, Bâtiment 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): refund applicable on 21 . 3. 1997,
                  fixed by Commission Regulation (EC) No 370 /97 (OJ No L 60 , 1 . 3 . 1997, p. 16)
 ---pagebreak--- 8 . 3 . 97           EN                   Official Journal of the European Communities                                         No L 68 / 11
            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 .
           (-1) 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 No L 210, 1 . 8 . 1987, p. 56), as last amended by
                Regulation (EEC) No 2226/89 (OJ No L 214, 25. 7. 1989, p. 10), is applicable as regards the export
                refund. The date referred to in Article 2 of the said 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 No L 108 , 1 . 5. 1993, p. 106), as last amended
                by Regulation (EC) No 1482/96 (OJ No L 188, 27. 7. 1996, p. 22), shall not apply to this amount.
           (5) Commission delegation to be contacted by the successful tenderer: see OJ No C 1 14, 29 . 4. 1991 , p. 33.
           (6) Notwithstanding OJ No C 114, points II.A(3)(c) is replaced by the following: 'the words "European
                Community"'.
           Q The successful tenderer shall supply to the beneficiary or its representative, on delivery, the following
                document:
                — phytosanitary certificate.