CELEX: 31997R1038
Language: en
Date: 1997-06-09 00:00:00
Title: COMMISSION REGULATION (EC) No 1038/97 of 9 June 1997 on the supply of cereals as food aid

No L 151 / 16        EN               Official Journal of the European Communities                                  10 . 6. 97
                                      COMMISSION REGULATION (EC) No 1038/97
                                                           of 9 June 1997
                                            on the supply of cereals 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               Cereals shall be mobilized in the Community, as
  list of countries and organizations eligible for food-aid         Community food aid for supply to the recipient listed in
  operations and specifies the general criteria on the              the Annex, in accordance with Regulation (EEC) No
  transport of food aid beyond the fob stage;                       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 cereals to certain beneficiaries;
                                                                    For lot B, notwithstanding Article 7 (3) (d) of Regulation
                                                                    (EEC) No 2200/87, the tender may indicate two ports of
 Whereas it is necessary to make these supplies in                  shipment not necessarily belonging to the same port area.
  accordance with the rules laid down by Commission                 The successful tenderer is deemed to have noted and
  Regulation (EEC) No 2200/87 of 8 July 1987 laying down
 general rules for the mobilization in the Community of             accepted all the general and specific conditions
                                                                    applicable . Any other condition or reservation included in
  products to be supplied as Community food aid (2), as             his tender is deemed unwritten .
 amended by Regulation (EEC) No 790/91 (3); whereas it is
 necessary to specify the time limits and conditions of
 supply and the procedure to be followed to determine the                                    Article 2
 resultant costs;
                                                                    This Regulation shall enter into force on the day
 Whereas, for a given lot, given 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, 9 June 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 .
 1 OJ No L 81 , 28. 3. 1991 , p. 108.
 ---pagebreak--- 10 . 6. 97             EN                 Official Journal of the European Communities                                No L 151 / 17
                                                               ANNEX
                                                                LOT A
               1 . Operation No ('): 276/96
               2. Programme: 1996
              3. Recipient ( 2 ): 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: Ecuador
              6. Product to be mobilized : oat flakes
              7. Characteristics and quality of the goods ( 3)(*): see OJ No C 114, 29. 4. 1991 , p. 1 (II.B. ( l)(e))
              8 . Total quantity (tonnes): 456
              9 . Number of lots: 1
            10. Packaging and marking (6) 0 (8): see OJ No C 267, 13. 9. 1996, p. 1 (2.3 A l.c, 2.c and B.4)
                   see OJ No C 114, 29. 4. 1991 , p. 1 (II.B. (3))
                   Language to be used for the marking: Spanish
            1 1 . Method of mobilization: the Community market
            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: 28. 7. — 17. 8 . 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: 24. 6. 1997 (12 noon (Brussels
                  time))
           21 . In the case of a second invitation to tender:
                  (a) deadline for the submission of tenders: 8. 7. 1997 ( 12 noon (Brussels time))
                  (b) period for making the goods available at the port of shipment: 11 . — 31 . 8 . 1997
                  (c) deadline for the supply: —
           22. Amount of the 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, Attn .
                  Mr T. Vestergaard, Bâtiment Loi 130, bureau 7/46, 200 rue de la Loi/Wetstraat, 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 20. 6. 1997,
                  fixed by Commission Regulation (EC) No 967/97 (OJ No L 141 , 31 . 5. 1997, p. 6)
 ---pagebreak--- No L 151 / 18          EN                 Official Journal of the European Communities                             10 . 6. 97
                                                                 LOT B
              1 . Operation No ('): 281 /96 (Bl ); 282/96 (B2)
              2. Programme: 1996
              3. Recipient (2): 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: Bl : Uganda; B2: Peru
             6. Product to be mobilized: milled rice (product code 1006 30 92 900, 1006 30 94 900, 1006 30 96 900,
                   1006 30 98 900)
             7. Characteristics and quality of the goods (3)(*): see OJ No C 114, 29. 4. 1991 , p. 1 (IIA(l)(f))
             8. Total quantity (tonnes): 514
             9. Number of lots: 1 in 2 parts (Bl : 460 tonnes; B2: 54 tonnes)
            10. Packaging and marking HOC): see OJ No C 267, 13. 9. 1996, p. 1 ( 1.0 A l.c, 2.c and B.6)
                   see OJ No C 114, 29. 4. 1991 , p. 1 (IIA(3))
                   Language to be used for the marking: Bl : English; B2: Spanish
                   Supplementary markings: 'Expiry date . . .' (Bl )
            11 . Method of mobilization: the Community market
            12. Stage of supply: free at port of shipment (9)
            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: 21 . 7. — 10. 8 . 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: 24. 6. 1997 ( 12 noon (Brussels
                  time))
           21 . In the case of a second invitation to tender:
                  (a) deadline for the submission of tenders: 8. 7. 1997 ( 12 noon (Brussels time))
                 (b) period for making the goods available at the port of shipment: 4. — 24. 8. 1997
                 (c) deadline for the supply: —
           22. Amount of tendering security: ECU 5 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 (exclusively)
           25. Refund payable on application by the successful tenderer (4): refund applicable on 20. 6. 1997,
                 fixed by Commission Regulation (EC) No 967/97 (OJ No L 141 , 31 . 5. 1997, p. 6)
 ---pagebreak--- 10 . 6. 97          lENl                 Official Journal of the European Communities                                        No L 151 / 19
             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 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) The successful tenderer shall supply to the beneficiary or its representative, on delivery, the following
                documents :
                — phytosanitary certificate (B2: plus expiry date),
                — lot B: fumigation certificate (the cargo shall be fumigated before shipment with phosphine gas).
           (6) Shipment to take place in 20-foot containers condition FCL/FCL each containing 12 tonnes net (lot A)
                and 20 tonnes net (lot B).
                 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
                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 1 80 seal), number
                of which to be provided to the beneficiary's forwarder.
           I7) 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) Notwithstanding OJ No C 114, point IIJ\(3)(C) or II.B (3)(c) is replaced by the following: 'the words
                "European Community"'.
           (9) 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.