CELEX: 31995R3028
Language: en
Date: 1995-12-22 00:00:00
Title: COMMISSION REGULATION (EC) No 3028/95 of 22 December 1995 on the supply of fruit juice and fruit jams intended for the people of Armenia and Azerbaijan

29 . 12. 95          EN               Official Journal of the European Communities                              No L 315/31
                                   COMMISSION REGULATION (EC) No 3028/95
                                                   of 22 December 1995
                 on the supply of fruit juice and fruit jams intended for the people of Armenia
                                                      and Azerbaijan
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                     and in particular Article 2 (2) thereof and the specific
                                                                provisions of the present Regulation.
Having regard to the Treaty establishing the European
Community,
                                                                                           Article 2
Having regard to Council Regulation (EC) No 1975/95 of
4 August 1995 on actions for the free supply of agricul­        The supply shall include :
tural products to the people of Georgia, Armenia, Azer­         (a) delivery of the foodstuffs specified in Annex I, free on
baijan, Kyrgyzstan and Tajikistan ('), and in particular             board, stowed on board ship.
Article 4 (3) thereof,
                                                                     The loading rate of the port proposed must be at least
                                                                     1 000 tonnes per day ;
Whereas, Regulation (EC) No 1975/95 provides that
actions for the free supply of agricultural products may        (b) the packaging and marking of the product in accord­
relate to foodstuffs available or capable of being obtained          ance with the instructions set out in Annex I ;
on the market by means of payment with products
available following intervention measures ;                     (c) the holding available of the goods for a period of 30
                                                                     days from the dates fixed in Annex I for the supply.
Whereas, to respond to requests from the beneficiary
States for fruit juices and fruit jams, it is appropriate to                               Article 3
open a tender to determine the most advantageous condi­
tions for the supply of such products and to provide the         1 . In accordance with Article 4 of Regulation (EC) No
payment of the successful tenderer with fruit withdrawn         2009/95 the offers shall be presented to the following
from the market following the withdrawal operations in           address :
application of Articles 1 5 and 1 5A of Council Regulation
(EEC) No 1035/72 of 18 May 1972 on the common orga­              Commission of the European Communities,
nization of the market in fruit and vegetables ^), as last       EAGGF-Guarantee,
amended by Commission Regulation (EC) No                         Division VI/G.2 (Office 10/05 or 10/08),
1363/95 (3);                                                     Rue de la Loi/Wetstraat 130,
                                                                 B-1049 Brussels.
Whereas, it is appropriate to provide for the application of
Commission Regulation (EC) No 2009/95 (4), laying down          The closing date for the lodgement of tenders shall be 15
the rules for the application of Regulation (EC) No             January 1996 at 5 p.m. (Brussels time).
1975/95, and in particular Article 2 (2) thereof, subject to
the provisions of the present Regulation ;                       In the case of non-acceptance of offers on 15 January
                                                                 1996, a second closing date for the lodgement of offers
Whereas the measures provided for in this Regulation are         shall be 25 January 1996 at 12 noon (Brussels time).
in accordance with the opinion of the Management                 In this case all of the dates referred to in Annex I shall be
Committee for Fruit and Vegetables,
                                                                 carried forward by 10 days.
                                                                 2.    The offer of the tenderer shall indicate, for each lot,
                                                                 the total quantity of fruit, withdrawn from the market in
HAS ADOPTED THIS REGULATION :                                    accordance with Articles 15 and 15A of Regulation (EEC)
                                                                 No 1035/72, which he undertakes :
                                                                 (a) to take over from the producer organizations
                          Article 1
                                                                     concerned, in payment of all supply costs to the deli­
                                                                     very stage defined in Article 2 ;
A tendering procedure is hereby initiated for the supply
of a maximum of 2 000 tonnes of fruit juices and 1 000           (b) not to put on the fresh market again .
tonnes of fruit jams as indicated in Annex I, in accor­
dance with the provisions of Regulation (EC) No 2009/95,         The offer shall be expressed in net weight for each of the
                                                                 products covered by the offer.
(«) OJ No L 191 , 12. 8. 1995, p. 2.                             3 . The tendering security referred to at Article 6 (1 ) (f)
(*) OJ No L 118, 20. 5. 1972, p. 1 .
0 OJ No L 132, 16. 6. 1995, p. 8 .                               of Regulation (EC) No 2009/95 is fixed at ECU 25 per
W OJ No L 196, 19. 8. 1995, p. 4.                                tonne of product to be supplied.
 ---pagebreak--- No L 315/32        PEN                 Official Journal of the European Communities                               29 . 12. 95
4.    The security referred to at Article 8 (1 ) of Regulation                            Article 5
(EC) No 2009/95 is fixed at ECU 165 per tonne of fruit
withdrawn from the market.                                       The successful tenderer shall undergo any controls or
                                                                 checks requested by the intervention agencies or the
                                                                 Commission .
                          Article 4
                                                                                          Article 6
The intervention agencies :                                      1.    The removal certificate referred to in the third
                                                                 indent of Article 12 (3) of Regulation (EC) No 2009/95
(a) shall ensure the successful tenderers a priority access      shall be established on the basis of the model in Annex
    to the products withdrawn from the market with a             II .
    view to providing the conditions for a proper execu­
    tion of the supply operation ;                               2.    The take over certificate shall be established on the
                                                                 basis of the model in Annex III.
(b) shall verify that the products taken over by the
    successful tenderer have been withdrawn from the                                      Article 7
    market in accordance with Regulation (EEC) No
    1035/72, and that for each product the quantities            This Regulation shall enter into force on the third day
    correspond to those of the offers of the successful          following its publication in the Official Journal of the
    tenderers communicated by the Commission .                   European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
               ' Ddne at Brussels, 22 December 1995.
                                                                          For the Commission
                                                                             Franz FISCHLER
                                                                      Member of the Commission
 ---pagebreak--- 29. 12. 95         EN                  Official Journal of the European Communities                                    No L 315/33
                                                            ANNEX I
           Lot No 1
           Product to be supplied : 500 tonnes (net) of apple juice as defined in Article 1 (5) of the Council Directive
                                     93/77/EEC ('), and in accordance with the provisions of that Directive, to be deli­
                                     vered to a single port.
           Characteristics and quality of the goods : BRIX 1 2
           Delivery date : 8 February 1996
           Product to be withdrawn : Apples
           Lot No 2
           Product to be supplied : 500 tonnes (net) of apple juice as defined in Article 1 (5) of the Directive
                                     93/77/EEC, and in accordance with the provisions of that Directive, to be deli­
                                     vered to a single port.
           Characteristics and quality of the goods : BRIX 1 2
           Delivery date : 12 February 1996
           Product to be withdrawn : Apples
           Lot No 3
           Product to be supplied : 500 tonnes (net) of orange juice as defined in Article 1 (5) of the Directive
                                     93/77/EEC, and in accordance with the provisions of that Directive, to be deli­
                                     vered to a single port.
           Characteristics and quality of the goods : BRIX 12
           Delivery date : 16 February 1996
           Product to be withdrawn : Oranges
           Lot No 4
           Product to be supplied : 500 tonnes (net) of orange juice as defined in Article 1 (5) of the Directive
                                     93/77/EEC, and in accordance with the provisions of that Directive, to be deli­
                                     vered to a single port.
           Characteristics and quality of the goods : BRIX 1 2
           Delivery date : 20 February 1996
           Product to be withdrawn : Oranges
           Lot No 5
           Product to be supplied : 500 tonnes (net) of diverse fruit jams as defined in point 2 of Annex I of the
                                      Council Directive 79/693/EEC (2), and in accordance with the provisions of that
                                      Directive, to be delivered to a single port.
           Characteristics and quality of the goods : Minimum 35 % fruit BRIX 65
           Delivery date : 24 February 1996
           Product to be withdrawn : Apples
           Lot No 6
           Product to be supplied : 500 tonnes (net) of diverse fruit jams as defined in point 2 of Annex I of the
                                      Directive 79/693/EEC, and in accordance with the provisions of that Directive, to
                                      be delivered to a single port
           Characteristics and quality of the goods : Minimum 35 % fruit BRIX 65
           Delivery date : 28 February 1996
           Product to be withdrawn : Oranges
           (') OJ No L 244, 30. 9. 1993, p. 23.
           M OJ No L 205, 13. 8. 1979, p. 5.
 ---pagebreak--- No L 315/34       EN                  Official Journal of the European Communities                                       29 . 12. 95
          Packaging :
          Lots 1 to 4 :     The juice shall be packed in Tetrabrick' type packs of 1 litre which in turn shall be
                             packed in cartons containing 12 litres.
          Lots 5 and 6 : The jams shall be packed in metal 'ring pull' cans of 500 grammes net which in turn shall
                             be packed in cartons containing 12 kilograms (net).
          Lots 1 to 6 :     The cartons shall be packed on euro-pallets at the rate of 72 cartons per pallet The pallets
                             shall be shrink wrapped and fastened by means of straps, four times vertically, twice in
                             each direction .
          Marking :
          The 'tetrabrick' packs, the metal cans and the cartons shall bear the following information in the Russian
          language ;
          (a) the word 'Regulation' followed by the appropriate number ;
          (b) the description of the product ;
          (c) the words 'European Community' ;
          (d) the net weight ;
          (e) the month and year of manufacture ;
          (f) the code or full name of the processing enterprise ;
          (g) the European flag, as defined in Annex I and II of OJ No C 114, 29. 4. 1991 .
          The dimensions of the information to be mentioned, and the European flag, on the 'tetrabrick' packs and the
          metal cans are those prescribed in Annex II of OJ No C 1 14, 29. 4. 1991 for 'tetrabrick' packs of 500 grams
          and metal cans of 340 to 440 grams.
          Stage of supply :
          Fob stowed .
 ---pagebreak--- 29 . 12. 95         EN                 Official Journal of the European Communities                                  No L 315/35
                                                          ANNEX II
                              Certificate of removal of products withdrawn from the market
            Intervention agency :
            Tender Regulation : (EC) No
            Sucessful tenderer :
            Product :
            Lot No :
            Producer organization which carried out the withdrawal :
            Name :
            Address :
            Place of takeover :
            Quantities removed :
            Effective date of last physical removal :
                                                                Signature, date and stamp of the intervention agency
 ---pagebreak--- No L 315/36       EN                   Official Journal of the European Communities                         29. 12. 95
                                                         ANNEX III
                                                     Take-over certificate
          I, the undersigned
                                                             (name/first name/position)
          acting on behalf of
          certify that the following goods have been taken over :
            Product :
                                                                            \
            Packaging :
            Number
                               of cartons :
                                                                            I
                               pallets :                                    I
            Total quantity in tonnes (net) :
                                         (gross) :
            Place and date of take over :
                                                                            I
            Name of boat :
                                                                            \
                                 Name and address of monitoring agency :
                                 Name and signature of its on-the-spot representative :
          Observations or remarks :
                                                                                        Signature and stamp
                                                                                           of transporter