CELEX: 31993R0335
Language: en
Date: 1993-02-16 00:00:00
Title: Commission Regulation (EEC) No 335/93 of 15 February 1993 on the supply of white sugar as food aid

16. 2. 93                                Official Journal of the European Communities                              No L 38/21
                                      COMMISSION REGULATION (EEC) No 335/93
                                                       of 15 February 1993
                                         on the supply of white sugar as food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Whereas, notably for logistical reasons, certain supplies
                                                                    were not awarded within the first and second deadlines
Having regard to the Treaty establishing the European               for submission of tenders ; whereas, in order to avoid
Economic Community,                                                 republication of the notice of invitation to tender, a third
Having regard to Council Regulation (EEC) No 3972/86                deadline for submission of tenders should be opened,
of 22 December 1986 on food-aid policy and food-aid
management ('), as last amended by Regulation (EEC)
No 1930/90 (2), and in particular Article 6 (1 ) (c) thereof,       HAS ADOPTED THIS REGULATION
Whereas Council Regulation (EEC) No 1420/87 of
21 May 1987 laying down implementing rules for Regula­                                       Article 1
tion (EEC) No 3972/86 (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        White sugar shall be mobilized in the Community, as
                                                                    Community food aid for supply to the recipients listed in
beyond the fob stage ;
                                                                    the Annex, in accordance with Regulation (EEC)
Whereas following the taking of a number of decisions on            No 2200/87 and under the conditions set out in the
the allocation of food aid the Commission has allocated            Annexes. Supplies shall be awarded by the tendering
to certain countries and beneficiary organizations 36               procedure.
tonnes of sugar ;
                                                                   Tenders relating to the lots specified in the Annex shall
Whereas it is necessary to provide for the carrying out of          cover either sugar produced under the A or B quotas or
this measure in accordance with the rules laid down by              C sugar within the meaning of points (a), (b) and (c) of the
Commission Regulation (EEC) No 2200/87 of 8 July                    sixth subparagraph of Article 24 (la) of Council Regula­
1987 laying down general rules for the mobilization in              tion (EEC) No 1785/81 (6). Tenders shall be rejected
the Community of products to be supplied as Community              unless they specify the category of sugar to which they
food aid (4), as amended by Regulation (EEC)                        relate.
No 790/91 (*) ; whereas it is necessary to specify the time
limits and conditions of supply and the procedure to be            The successful tenderer is deemed to have noted and
followed to determine the resultant costs ;                         accepted all the general and specific conditions appli­
                                                                    cable. Any other condition or reservation included in his
Whereas, in order to ensure that the supplies are carried           tender is deemed unwritten.
out, provision should be made for tenderers to be able to
mobilize either A or B quota sugar or C sugar in accor­
dance with the regulations governing the market ; whereas                                    Article 2
the contract for the supply of each lot is to be awarded to
the tenderer submitting the lowest tender having regard            This Regulation shall enter into force on the day
to the conditions applicable to the categories of sugar in          following its publication in the Official Journal of the
question ;                                                          European Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 15 February 1993.
                                                                             For the Commission
                                                                                Rene STEICHEN
                                                                          Member of the Commission
(') OJ No  L  370, 30. 12. 1986, p. 1 .
0   OJ No  L  174, 7. 7. 1990, p. 6.
(3) OJ No  L  136, 26. 5. 1987, p. 1 .
(4) OJ No  L  204, 25. 7. 1987, p. 1 .
0   OJ No   L 81 , 28. 3. 1991 , p. 108.                           (s) OJ No L 177, 1 . 7. 1981 , p. 4.
 ---pagebreak--- No L 38/22                               Official Journal of the European Communities                                       16. 2. 93
                                                                ANNEX
                                                                 LOT A
             1 . Operation Nos (') : 1404/92 (A 1 ) and 1405/92 (A 2)
             2. Programme : 1992
             3. Recipient (2) : Euronaid, PO Box 79, NL-2340 AB Oegstgeest Nederland ; tel. (31-71) 15 91 56/59 ;
                 telefax 15 52 01 ; telex 30223 NL CEMEC
             4. Representative of the recipient (j : see OJ No C 103, 16. 4. 1987
             5. Place or country of destination : Uganda (A 1), Afghanistan (A 2)
             6. Product to be mobilized : white sugar
             7. Characteristics and quality of the goods (3) (6) (8) : see OJ No C 1 14, 29. 4. 1991 , p. 1 , (under VAl .)
             8. Total quantity : 36 tonnes
             9. Number of lots : one in two parts (A 1 : 18 tonnes ; A2 : 18 tonnes)
           10. Packaging and marking 00 : see OJ No C 114, 29. 4. 1991 , p. 1 (under VA2 and VA3).
                 Markings in English
                 Supplementary markings : A 1 : 'Uganda / ICR / 924609 / Kiryandongo via Mombasa'
                                              A 2 : 'Afghanistan / DWH / 922831 / Kabul via Karachi'
           11 . 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 (OJ No L 177, 1 . 7. 1981 , p. 4) as
                 follows :
                 — A or B sugar (points (a) and (b))
                 — C sugar (point (c))
           12. Stage of supply : free at port of shipment
           13. Port of shipment : —
           14. Port of landing specified by the recipient : —
           1 5. 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 : 29. 3 - 18. 4. 1993
           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 : 2. 3. 1993 at 12 noon (Brussels
                 time)
           21 . A. In the case of a second invitation to tender :
                     (a) deadline for the submission of tenders : 16. 3. 1993 at 12 noon (Brussels time)
                     (b) period for making the goods available at the port of shipment : 12. 4 - 2. 5. 1993
                     (c) deadline for the supply : —
                 B. In the case of a third invitation to tender :
                     (a) deadline for the submission of tenders : 30. 3. 1993 at 12 noon (Brussels time)
                     (b) period for making the goods available at the port of shipment : 26. 4 - 16. 5. 1993
                     (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 and tendering securities (') :
                 Bureau de 1 aide alimentaire, à l'attention de Monsieur T. Vestergaard, bâtiment Loi 120, bureau 7/46, rue
                 de la Loi 200, B-1049 Bruxelles ; telex 22037 / 25670 AGREC B ; telefax : (32-2) 296 20 05 / 295 01 32 /
                 296 10 97 / 295 01 30 / 296 33 04)
           25. Refund payable on request by the successful tenderer (4) : In the case of A and B sugar : periodic
                 refund applicable to white sugar on 17. 2. 1993, fixed by Commission Regulation (EEC) No 297/93 (OJ
                 No L 35, 11 . 2. 1993, p. 9)
 ---pagebreak--- 16. 2. 93                              Official Journal of the European Communities                                          No L 38/23
           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) For A and B sugar :
              Commission Regulation (EEC) No 2330/87 (OJ No L 210, 1 . 8 . 1987, p. 56), as last amended by Regula­
              tion (EEC) No 2226/89 (OJ No L 214, 25. 7. 1989, p. 10), is applicable as regards the export refund and,
              where appropriate, the accession compensatory amounts. The date referred to in Article 2 of the above­
              mentioned 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
              8 to 12 of Commission Regulation (EEC) No 3819/92 (OJ No L 387, 31 . 12. 1992, p. 17) shall not apply
              to this amount.
              For C sugar :
              Commission Regulation (EEC) No 2330/87 is not applicable. The rules given in Commission Regulation
              (EEC) No 2630/81 (OJ No L 258, 11 . 9. 1981 , p. 16) apply to exportation of sugar supplied under this
              Regulation.
          (*) The supplier should send a duplicate of the original invoice to : M. De Keyzer and Schiitz BV, Postbus
              1438, Blaak 16, NL-3000 BK Rotterdam.
          (6) The successful tenderer shall supply to the beneficiary or its representative, on delivery, the following
              documents :
              — phytosanitary certificate,
          Q 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\
          (8) 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.
          (9) 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.
              The successful tenderer has to submit to the recipient's agent a complete packing list of each container,
              specifying number of bags belonging to each shipping numer 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.