CELEX: 31996R0228
Language: en
Date: 1996-02-07 00:00:00
Title: COMMISSION REGULATION (EC) No 228/96 of 7 February 1996 on the supply of fruit juice and fruit jams intended for the people of Armenia and Azerbaijan

No L 30/ 18          EN               Official Journal of the European Communities                                    8 . 2. 96
                                      COMMISSION REGULATION (EC) No 228196
                                                      of 7 February 1996
                   on the supply of fruit juice and fruit jams intended for the people of Armenia
                                                        and Azerbaijan
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      of concentrated fruit juice and 1 000 tonnes of fruit jams
                                                                   as indicated in Annex I, in accordance with the provisions
  Having regard to the Treaty establishing the European            of Regulation (EC) No 2009/95, and in particular Article
  Community,                                                       2 (2) thereof and the specific provisions of the present
                                                                   Regulation.
  Having regard to Council Regulation (EC) No 1975/95 of
  4 August 1995 on actions for the free supply of agricul­
                                                                                             Article 2
  tural products to the people of Georgia, Armenia, Azer­
  baijan, Kyrgyzstan and Tajikistan ('), and in particular
 Article 4 (3) thereof,                                            The supply shall include :
                                                                   (a) delivery of the foodstuffs specified in Annex I, free on
 Whereas, Regulation (EC) No 1 975/95 provides that                     board, stowed on board ship.
 actions for the free supply of agricultural products may
 relate to foodstuffs available or capable of being obtained           The loading rate of the port proposed must be at least
 on the market by means of payment with products                        500 tonnes per day ;
 available following intervention measures ;
                                                                  (b) the packaging and marking of the product in accor­
                                                                       dance with the instructions set out in Annex I ;
 Whereas, to respond to requests from the beneficiary
 States for fruit juices and fruit jams, it is appropriate to     (c) the holding available of the goods for a period of 15
 open a tender to determine the most advantageous condi­               days from the dates fixed in Annex I for the supply.
 tions for the supply of such products and to provide the
 payment of the successful tenderer with fruit withdrawn
 from the market following the withdrawal operations in                                      Article 3
 application of Articles 15 and 15A of Council Regulation
 (EEC) No 1035/72 of 18 May 1972 on the common orga­
 nization of the market in fruit and vegetables (2), as last       1 . In accordance with Article 4 of Regulation (EC) No
 amended by Commission Regulation (EC) No                         2009/95 the offers shall be presented to the following
                                                                  address :
 1363/95 (3) ;
                                                                  Commission of the European Communities
 Whereas, it is appropriate to provide for the application of     EAGGF-Guarantee
 Commission Regulation (EC) No 2009/95 (4), laying down           Division VI/G.2 (Office 10/05 or 10/08)
 the rules for the application of Regulation (EC) No              Rue de la Loi/Wetstraat 130,
 1975/95 and in particular Article 2 (2) thereof, subject to      B-1049 Brussels.
 the provisions of the present Regulation ;
                                                                  The closing date for the lodgement of tenders shall be 1 6
 Whereas the measures provided for in this Regulation are         February 1996 at 12 noon (Brussels time).
 in accordance with the opinion of the Management
 Committee for Fruit and Vegetables,                              In the case of non-acceptance of offers on 16 February
                                                                  1996, a second closing date for the lodgement of offers
                                                                  shall be 26 February 1996 at 12 noon (Brussels time).
                                                                  In this case all of the dates referred to in Annex I shall be
 HAS ADOPTED THIS REGULATION :                                    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
                           Article 1
                                                                 accordance with Articles 15 and 15A of Regulation (EEC)
                                                                  No 1035/72, which he undertakes :
A tendering procedure is hereby initiated for the supply
of a maximum of 1 000 tonnes of fruit juice, 1 000 tonnes        (a) to take over from the producer organizations
                                                                       concerned, in payment of all supply costs to the deli­
                                                                       very stage defined in Article 2 ; the take over shall be
(') OJ No L 191 , 12. 8. 1995, p. 2.                                   effected in instalments of 1 000 tonnes, each succee­
(2) OJ No L 118 , 20. 5. 1972, p. 1 .
(3) OJ No L 132, 16. 6. 1995, p. 8 .                                   ding instalment not being released until proof of
h) OJ No L 196, 19. 8. 1995, p. 4.                                     having processed the previous instalment is supplied ;
 ---pagebreak--- 8 . 2. 96          I EN I            Official Journal of the European Communities                               No L 30/ 19
(b) not to put on the fresh market again.                       (b) shall verify that the products taken over by the
                                                                     successful tenderer have been withdrawn from the
The offer shall be expressed in net weight for each of the           market and transformed in accordance with Regula­
products covered by the offer. In addition, the quantities           tion (EEC) No 1035/72, and that for each product the
to be deducted in the case where the delivery is to be               quantities correspond to those of the offers of the
made in containers supplied to the factory by the trans­             successful tenderers communicated by the Commis­
porter should be indicated.                                          sion .
3. The tendering security referred to at Article 6 (1 ) (f)
of Regulation (EC) No 2009/95 is fixed at ECU 15 per                                      Article 5
tonne of product to be supplied.
                                                                The successful tenderer shall undergo any controls or
4. Without prejudice to the provisions of Article 8 (1 )        checks requested by the intervention agencies or the
of Regulation (EC) No 2009/95, the supply security fixed        Commission .
at ECU 150 per tonne, shall be constituted for an instal­
ment of 1 000 tonnes of fresh product.                                                    Article 6
This security will be released after evidence is supplied       1.     The removal certificate referred to in the third
that all of the products taken over have been processed         indent of Article 12 (3) of Regulation (EC) No 2009/95
and that the conditions of Regulation (EC) No 2009/95           shall be established on the basis of the model in Annex
have been fulfilled.                                            II .
                                                                2.     The take over certificate shall be established on the
                         Article 4                              basis of the model in Annex III.
The intervention agencies :
                                                                                          Article 7
(a) shall ensure the successful tenderers a priority access
     to the products withdrawn from the market with a           This Regulation shall enter into force on the third day
     view to providing the conditions for a proper execu­       following its publication in the Official Journal of the
     tion of the supply operation.                              European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 7 February 1996.
                                                                            For the Commission
                                                                              Franz FISCHLER
                                                                       Member of the Commission
 ---pagebreak--- No L 30/20         EN                 Official Journal of the European Communities                                        8 . 2. 96
                                                            ANNEX I
           Lot No 1
           Product to be supplied : 500 tonnes (net) of apple juice as defined in Article 1 (5) of Council Directive
           93/77/EEC ('), and in accordance with the provisions of that Directive, to be delivered to a single port
            Characteristics and quality of the goods : Brix 12
           Delivery date : 20 March 1996
           Product to be withdrawn : Apples
           Lot No 2
           Product to be supplied : 500 tonnes (net) of apple juice concentrated to 50 % as defined in Article 1 (6) of
           Directive 93/77/EEC, and in accordance with the provisions of that Directive, to be delivered to a single port
           Characteristics and quality of the goods : Brix 24
           Delivery date : 20 March 1996
           Product to be withdraum : Apples
           Lot No 3
           Product to be supplied : 500 tonnes (net) of orange juice as defined in Article 1 (5) of Directive 93/77/EEC,
           and in accordance with the provisions of that Directive, to be delivered to a single port
           Characteristics and quality of the goods : Brix 12
           Delivery date : 20 March 1996
           Product to be withdrawn : Oranges
           Lot No 4
           Product to be supplied : 500 tonnes (net) of orange juice concentrated to 50 % as defined in Article 1 (6) of
           Directive 93/77/EEC, and in accordance with the provisions of that Directive, to be delivered to a single port
           Characteristics and quality of the goods : Brix 24
           Delivery date : 20 March 1996
           Product to be withdraum : Oranges
           Lot No 5
           Product to be supplied : 500 tonnes net of diverse fruit jams as defined in point 2 of Annex I of 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 : 20 March 1 996
           Product to be withdraum : Apples
           Lot No 6
          Product to be supplied : 500 tonnes net of diverse fruit jams as defined in point 2 of Annex I of 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 : 20 March 1 996
          Product to be withdraum : Oranges
          (') OJ No L 244, 30. 9. 1993, p. 23.
          0 OJ No L 205, 13. 8 . 1979, p. 5.
 ---pagebreak--- 8 . 2. 96       I EN                Official Journal of the European Communities                                       No L 30/21
          Packaging :
          Lots 1 to 4 :        The juice shall be packed in Tetrabrick' type packs of one 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 kg (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 Annexes 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 114, 29. 4. 1991 for Tetrabrick' packs of 500
          grammes and metal cans of 340 to 440 grammes.
          Stage of supply : fob stowed.
 ---pagebreak--- No L 30/22         EN                 Official Journal of the European Communities                 8 . 2. 96
                                                         ANNEX II
                             Certificate of removal of products withdrawn from the market
           Intervention agency :
           Tender Regulation : (EC) No
           Successful 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--- 8 . 2. 96          EN |                Official Journal of the European Communities                         No L 30/23
                                                         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 :
                               cartons :
            No of
                               pallets :
            Total quantity in tonnes (net) :
                                         (gross) :
            Place and date of takeover :
            Name of boat :
                                 Name and address of the monitoring agency :
                                Name and signature of its on-the-spot representative :
          Observations or remarks :
                                                                                        Signature and stamp
                                                                                         of the transporter