CELEX: 31997R0363
Language: en
Date: 1997-02-28 00:00:00
Title: COMMISSION REGULATION (EC) No 363/97 of 28 February 1997 on the supply of cereals as food aid

1 . 3 . 97          EN                Official Journal of the European Communities                               No L 60 / 1
                                                                I
                                              (Acts whose publication is obligatory)
                                       COMMISSION REGULATION (EC) No 363/97
                                                       of 28 February 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 (-1); 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, 28 February 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 .
O OJ No L 81 , 28 . 3 . 1991 , p. 108,
 ---pagebreak--- No L 60 /2           1 EN                   Official Journal of the European Communities                                     1 . 3 . 97
                                                                   ANNEX
                                                                    LOT A
              1 . Operation No ('): 372/95
              2. Programme : 1995
              3. Recipient ( 2): UNHCR (for the attention of Mme Seinet), case postale 2500, CH - 1211 Genève 2 dépôt
                   (tel . (41-22) 739 81 37; fax: 739 85 63)
             4. Representative of the recipient: UNHCR Nigeria, PO Box 53874, 13 Awolowo Road Ikoyi, Lagos.
                   (Tel : (234-1)269 27 44; fax: 269 32 97; telex: 23310 HCRL NG)
             5. Place or country of destination ( s): Nigeria
             6. Product to be mobilized: milled rice (product codes 1006 30 92 900 , 1006 30 94 900, 1006 30 96 900 ,
                   1006 30 98 900)
             7. Characteristics and quality of the goods (3) Q: see OJ No C 1 14, 29. 4. 1991 , p. 1 (under II.A. ( 1 ) (f))
             8 . Total quantity (tonnes): 260
             9 . Number of lots: 1
            10. Packaging and marking ( 6) (8): see OJ No C 267, 13. 9. 1996, p. 1 ( 1.O A 1.b , 2.b and B.4) and
                   OJ No C 114, 29. 4. 1991 , p. 1 (II.A.(3))
                   Language to be used for the marking: English
            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: see point 4
           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 to 27. 4. 1997
           18 . Deadline for the supply: 25. 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: ( 12 noon (Brussels time)) 18 . 3.
                   1997
           21 . In the case of a second invitation to tender:
                  (a) deadline for the submission of tenders : ( 12 noon (Brussels time)) 1 . 4. 1997
                  (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 to 11 . 5. 1997
                  (c) deadline for the supply: 8 . 6. 1997
           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, à
                  l'attention de Mr T. Vestergaard, Bâtiment Loi 130, bureau 7/46, 200 Rue de la Loi/Wetstraat, B-1049
                  Bruxelles/Brussel (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 28 . 2. 1997,
                 fixed by Commission Regulation (EC) No 182/97 (OJ No L 31 , 1 . 2. 1997, p. 17)
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            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.
           Is) Commission delegation to be contacted by the successful tenderer: OJ No C 114, 29. 4. 1991 , p. 33.
           (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'.
           I7) The successful tenderer shall supply to the beneficiary or its representative, on delivery, the following
               documents :
               — phytosanitary certificate ( + expiry date).
           (8) Notwithstanding OJ No C 114, point II.A (3) (c) is replaced by the following: 'the words " European
               Community"'.