CELEX: 31997R0239
Language: en
Date: 1997-02-10
Title: COMMISSION REGULATION (EC) No 239/97 of 10 February 1997 on the supply of cereals as food aid

11 . 2 . 97          EN                Official Journal of the European Communities                               No L 40 /3
                                         COMMISSION REGULATION (EC) No 239/97
                                                        of 10 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 (3); 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, 10 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 .
(3 OJ No L 81 , 28 . 3 . 1991 , p. 108 .
 ---pagebreak--- No L 40 /4                 EN                 Official Journal of the European Communities                                      11 . 2. 97
                                                                    ANNEX
                                                                    LOT A
                1 . Operation No ('): 96/ 96
               2. Programme: 1996
               3. Recipient (2): Cote d'Ivoire
               4. Representative of the recipient: ELRA 12, BP 1769, Abidjan 12
                     tel : (225) 26 48 44, fax : 26 48 47
               5. Place or country of destination ( s): Cote d'Ivoire
               6 . Product to be mobilized : maize flour
               7. Characteristics and quality of the goods f) f): see OJ No C 114, 29 . 4. 1991 , p. 1 (II .B. ( 1 ) (b))
               8 . Total quantity (tonnes): 2 480
               9. Number of lots: one in three parts (Al : 1 480 tonnes; A2: 700 tonnes; A3: 300 tonnes)
             10 . Packaging and marking (h) (*):
                    see OJ No C 267, 13. 9. 1996, p. 1 (2.2 A 1.b), 2.b) and B.3 basket type)
                    see OJ No C 114, 29 . 4. 1991 , p. 1 (II.B.(3))
                     Language to be used for the marking: French
             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: Al : Magasins Décorticaf, Danané;
                    A2: Magasins Croix-Rouge, Tabou; A3: Magasins Croix-Rouge, Grabo
            17. Period for making the goods available at the port of shipment where the supply is awarded at
                    the port of shipment stage: 24. 3 to 6 . 4 . 1997
            18 . Deadline for the supply: 4 . 5 . 1997
            1 9 . 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 25 . 2 .
                    1997
           21 . In the case of a second invitation to tender:
                   (a) deadline for the submission of tenders : 12 noon ( Brussels time) on 11 . 3 . 1997
                   (b) period for making the goods available at the port of shipment where the supply is awarded at the
                          port of shipment stage: 7 to 20 . 4. 1997
                   (c) deadline for the supply: 18 . 5 . 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 , Attn .
                   Mr T. Vestergaard, Bâtiment Loi 130 , bureau 7/46, 200 rue de la Loi /Wetstaat, B - 1 049 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 21 . 2. 1997,
                   fixed by Commission Regulation (EC) No 182/97 (OJ No L 31 , 1 . 2. 1997, p. 17)
 ---pagebreak--- 11 . 2. 97            EN                 Official Journal of the European Communities                                          No L 40 / 5
             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 Reg­
                ulation (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.
           (') Commission delegation to be contacted by the successful tenderer: see OJ No C 1 14, 29 . 4. 1991 , p. 33 .
           (h) 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
                document:
                 — phytosanitary certificate .
           (8) Notwithstanding OJ No C 114, points II . B. 3. (c) is replaced by the following: 'the words " European
                Community"'.