CELEX: 31995R0373
Language: en
Date: 1995-02-23
Title: COMMISSION REGULATION (EC) No 373/95 of 23 February 1995 on the supply of fishery products as food aid

24. 2. 95             EN                  Official Journal of the European Communities                             No L 42/5
                                       COMMISSION REGULATION (EC) No 373/95
                                                       of 23 February 1995
                                        on the supply of fishery products as food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         amended by Regulation (EEC) No 790/91 0 ; whereas it
Having regard to the Treaty establishing the European               is necessary to specify the time limits and conditions of
Community,                                                          supply and the procedure to be followed to determine the
                                                                    resultant costs,
Having regard to Council Regulation (EEC) No 3972/86
of 22 December 1986 on food-aid policy and food-aid
management (!), as last amended by Regulation (EEC)                 HAS ADOPTED THIS REGULATION :
No 1930/90 (2), and in particular Article 6 (1 ) (c) thereof,
Whereas Council Regulation (EEC) No 1420/87 of 21                                            Article 1
May 1987 laying down implementing rules for Regulation              Fishery products shall be mobilized in the Community, as
(EEC) No 3972/86 on food-aid policy and food-aid                    Community food aid for supply to the recipients listed in
management (3) lays down the list of countries and organ­           the Annex, in accordance with Regulation (EEC) No
izations eligible for food-aid operations and specifies the         2200/87 and under the conditions set out in the Annex.
general criteria on the transport of food aid beyond the            Supplies shall be awarded by the tendering procedure.
fob stage ;
                                                                    The successful tenderer is deemed to have noted and
Whereas, following the taking of a number of decisions
on the allocation of food aid, the Commission has                   accepted all the general and specific conditions
allocated to certain recipients 482 tonnes of fishery               applicable. Any other condition or reservation included in
                                                                    his tender is deemed unwritten.
products ;
Whereas it is necessary to make these supplies in                                            Article 2
accordance with the rules laid down by Commission
Regulation (EEC) No 2200/87 of 8 July 1987 laying down              This Regulation shall enter into force on the day
general rules for the mobilization in the Community of              following its publication in the Official Journal of the
products to be supplied as Community food aid (4), as               European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                  Done at Brussels, 23 February 1995.
                                                                             For the Commission
                                                                                Franz FISCHLER
                                                                         Member of the Commission
(') OJ No   L 370, 30. 12. 1986, p. 1 .
O   OJ No   L 174, 7. 7. 1990, p. 6.
0   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.
 ---pagebreak--- No L 42 /6         HEN                  Official Journal of the European Communities                                     24. 2 . 95
                                                                ANNEX
                                                      LOTS A, B, C, D and E
             1 . Operation Nos (') : 1148/94 (Lot A), 1149/94 (Lot B), 1150/94 (Lot C), 1151 /94 (Lot D) and 1152/94
                 (Lot E).
             2. Programme : 1994
             3. Recipient (2) : UNRWA Headquarters, Supply Division, Vienna International Centre, PO Box 700,
                 A- 1400 Vienna (telex 135310 UNRWA A — fax ( 1)230 75 29)
             4. Representative of the recipient : UNRWA Field Supply and Transport Officer,
                 A:         West Bank, PO Box 19149, Jerusalem (tel. 972 (2) 89 05 55 ; telex 26194 UNRWA IL ;
                            fax 972(2)81 65 64)
                 B:         PO Box 4313, Damascus, SAR (tel. 963(11)666 02 17 ; telex 412006 UNRWA SY ;
                            fax 963(11)332 75 13)
                 C:         PO Box 947, Beirut, Lebanon (tel. 86 31 50 ; telex 21430/20177 UNRWA LE ;
                            fax : 1-(212)478 10 55 (via satellite))
                 D:         PO Box 484, Amman, Jordan (tel. 962 (6) 74 19 14 - 77 22 26 ; telex 23402 UNRWA JFO
                            JO ; fax 962(6)74 63 61 )
                 E:         Gaza, PO Box 19149, Jerusalem, Israel (tel : (972-2)89 05 55 ; fax 81 65 64 ; telex : (0606)
                            26194 UNRWA IL)
             5. Place or country of destination (s) :
                 — lots A and E : Israel (A : West Bank : E Gaza)
                 — lot B : Syria
                 — lot C : Lebanon
                 — lot D : Jordan
             6. Product to be mobilized : Sardines (sardina pilchardus Walbaum)
             7. Characteristics and quality of the goods (3)(6): Tinned headless sardines in vegetable oil, 1994
                 fishing, CN code 1604 13 19
             8 . Total quantity : 482 tonnes
             9 . Number of lots : five (lot A : 180 tonnes ; lot B : 70 tonnes ; lot C : 65 tonnes ; lot D : 80 tonnes ;
                 lot E : 87 tonnes)
           10 . Packaging and marking (7) (8) : OJ No C 114, 29. 4. 1991 , p. 1 (under VIII.A (2) and VIILA (3))
                 Type of tins : 'easy open
                 Markings in English : ('mackerel' must be replaced by 'sardine*)
                 Supplementary markings : 'Expiry date :            ' (date of manufacture plus four years)
                 In case the required markings cannot be printed on the tins, they must be printed either on an outer
                 packaging of each tin or on self-adhesive labels fixed on the tins.
                 The expiry date and the date of manufacture shall be printed on the tins and not on the self-adhesive
                 labels .
           1 1 . Method of mobilization : the Community market
           12. Stage of supply : lots A, B and E : free at port of landing — landed ; lots C and D : free at destination
           1 3. Port of shipment : —
           14. Port of landing specified by the recipient : —
           1 5. Port of landing : lots A and E : Ashdod ; lot B : Latakia
           16. Address of the warehouse and, if appropriate, port of landing : Lot C : UNRWA depots in Beirut,
                 Lebanon ; lot D : UNRWA depots in Amman, Jordan
           1 7. Period for making the goods available at the port of shipment where the supply is awarded at
                 the port of shipment stage : 3 — 16. 4. 1995
           18 . Deadline for the supply : lots A, B and E : 30. 4. 1995 ; lots C and D : 7. 5. 1995
           19 . Procedure for determining the costs of supply : tendering procedure
           20. Date of expiry of the period allowed for submission of tenders : 12 noon (Brussels time) on 13. 3.
                 1995
 ---pagebreak--- 24. 2. 95             EN                 Official Journal of the European Communities                                           No L 42/7
           21 . In the case of a second invitation to tender :
                  (a) deadline for the submission of tenders : 12 noon (Brussels time) on 27. 3. 1995
                  (b) period for making the goods available at the port of shipment where the supply is awarded at the
                       port of shipment stage : 17 — 30. 4. 1995
                  (c) deadline for the supply : Lots A, B and E : 14. 5. 1995 ; lots C and D : 21 . 5. 1995
          22. Amount of tendering security : ECU 1 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 l'aide alimentaire, à
                 l'attention de Monsieur T. Vestergaard, bâtiment Loi 120, bureau 7/46, 200, rue de la Loi, B- 1 049 Brux­
                 elles ; (telex 22037 AGREC B ; fax (32 2)296 20 05 / 295 01 32 / 296 10 97)
          25. Refund payable on application by the successful tenderer (4) : —
          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 .
               The successful tenderer shall supply to the beneficiary or its representative, on delivery, the following
               document :
               — sanitary certificate.
          (4) Point (g) of Article 7 (3) of Regulation (EEC) No 2200/87 shall not be applicable to tenders submitted.
          (*) Commission delegation to be contacted by the successful tenderer : see OJ No C 1 14, 29. 4. 1991 , p. 33.
          (6) The sanitary certificate and the certificate of origin must be signed and stomped by a Syrian consulate,
               including a statement that consular fees and charges have been paid (action 1149/94, lot B).
          0 Shipment to take place in 20-foot containers.
               Lots A, B and E : the contracted shipping terms shall be considered full liner terms (liner in/liner out)
               free at port of landing container yard and are understood to cover 1 5 days — Saturdays, Sundays and offi­
               cial public and religious holidays excluded — free of container detention charges at the port of discharge
               taken from the day/time of the arrival of the vessel. The 15 days free of container detention charges
               should be clearly marked on the bill of lading. Bona fide detention charges levied in respect of container
               detention^) in excess of the said 1 5 days as detailed above will be borne by UNRWA. UNRWA shall not
               pay/not be charged any container deposit fees.
               After take over of the goods at the delivery stage, the recipient will bear all costs of shifting the containers
               for destuffing outside the port area and of returning them to the container yard.
               Ashod : consignment to be stowed in 20-foot containers not more than 17 tonnes each, net.
          (8) Notwithstanding OJ No C 114, point VIIIA. (3) (c) is replaced by the following : 'the words "European
               Community"'.