CELEX: 31996R2236
Language: en
Date: 1996-11-22 00:00:00
Title: COMMISSION REGULATION (EC) No 2236/96 of 22 November 1996 on the supply of white sugar as food aid

23 . 11 . 96         EN               Official Journal of the European Communities                             No L 299 / 11
                                     COMMISSION REGULATION (EC) No 223 6/96
                                                      of 22 November 1996
                                        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, 22 November 1996 .
                                                                            For the Commission
                                                                               Franz FISCHLER
                                                                        Member of the Commission
(') OJ No L 166, 5. 7. 1996, p. 1 .
]f) OJ No L 204, 25. 7. 1987, p. 1 .
0 OJ No L 81 , 28 . 3. 1991 , p. 108 .
 ---pagebreak--- No L 299 / 12          EN                   Official Journal of the European Communities                                   23 . 11 . 96
                                                                ANNEX
                                                                 LOT A
              1 . Operation No ('): 1178 /95 (Al ); 1179/95 (A2)
              2. Programme: 1995
              3. Recipient (2): Euronaid, Postbus 12, NL-2501 CA Den Haag, Nederland, (tel .: (31-70) 33 05 757; fax:
                   (31-70)36 41 701 ; telex: 30960 EURON NL)
              4. Representative of the recipient (s): to be designated by the recipient
              5. Place or country of destination : Al : Peru; A2: Haiti
              6. Product to be mobilized: white sugar
              7. Characteristics and quality of the goods (3) Q (8): see OJ No C 114, 29. 4. 1991 , p. 1 (V j\. ( 1 ))
              8 . Total quantity: 216 tonnes
              9. Number of lots: One in two parts: (Al : 18 tonnes; A2: 198 tonnes)
            10. Packaging and marking (') (') (l0): see OJ No C 1 14, 29. 4. 1991 , p. 1 (under V.A. (2) and VA. (3))
                   Language to be used for the marking: Al : Spanish; A2: French
            11 . 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 (")
            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: 6. — 21 . 1 . 1997
            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: 12 noon (Brussels time) on 9. 12.
                   1996
            21 . In the case of a second invitation to tender:
                  (a) deadline for the submission of tenders: 12 noon (Brussels time) on 23. 12. 1996
                  (b) period for making the goods available at the port of shipment: 20 . 1 . — 9. 2. 1997
                  (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-1049 Brussels. Telex:
                  25670 AGREC B; fax: (32-2) 296 70 03 / 296 70 04
           25. Refund payable on application by the successful tenderer (4): Periodic refund applicable to white
                  sugar on 18 . 11 . 1996, fixed by Commission Regulation (EC) No 2173/96 (OJ No L 291 , 14. 11 . 1996, p.
                  4
 ---pagebreak--- 23. 11 . 96           rEN ]                Official Journal of the European Communities                                        No L 299/ 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 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. 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 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) The supplier should send a duplicate of the original invoice to: Willis Corroon Scheuer, Postbus 1315,
                  NL-1000 BH Amsterdam .
             (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\
             Q The rule provided at the second indent of Article 18 (2) (a) of Commission Regulation (EEC) No 2103/77
                  (OJ No L 246, 27. 9 . 1977, p. 12) is binding for determination of the sugar category.
             (8) The successful tenderer shall supply to the beneficiary or its representative, on delivery, the following
                  document:
                  — health certificate (Al : + expiry date).
             (*) Notwithstanding OJ No C 114, point VA(3)(c) is replaced by the following: 'the words "European
                  Community"'.
            (I0) 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 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 number as specified in the invitation to tender.
                  The successful tenderer has to seal each container with a numbered locktainer (Sysko locktainer 180 seal),
                  the number of which to be provided to the beneficiary's forwarder.
            (") 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.