CELEX: 31996R1089
Language: en
Date: 1996-06-17 00:00:00
Title: COMMISSION REGULATION (EC) No 1089/96 of 17 June 1996 on the supply of cereals as food aid

18 . 6. 96             EN                 Official Journal of the European Communities                             No L 144/3
                                            COMMISSION REGULATION (EC) No 1089/96
                                                             of 17 June 1996
                                                 on the supply of cereals as food aid
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           necessary to specify the time limits and conditions of
   Having regard to the Treaty establishing the European                supply and the procedure to be followed to determine the
   Community,                                                           resultant costs,
   Having regard to Council Regulation (EEC) No 3972/86
  of 22 December 1986 on food-aid policy and food-aid                   HAS ADOPTED THIS REGULATION :
  management (!), as last amended by Regulation (EEC)
  No 1930/90 (2), and in particular Article 6 ( 1 ) (c) thereof,
                                                                                                 Article 1
  Whereas Council Regulation (EEC) No 1420/87 of 21
  May 1987 laying down implementing rules for Regulation                Cereals 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 recipient 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                accepted all the general and specific conditions
  on the allocation of food aid, the Commission has                     applicable . Any other condition or reservation included in
  allocated to certain beneficiaries 713 tonnes of cereals;             his tender is deemed unwritten .
  Whereas it is necessary to make these supplies in
  accordance with the rules laid down by Commission                                              Article 2
  Regulation (EEC) No 2200/87 of 8 July 1987 laying down
 general rules for the mobilization in the Community of                This Regulation shall enter into force on the day
  products to be supplied as Community food aid (4), as                following its publication in the Official Journal of the
 amended by Regulation (EEC) No 790/91 (*); whereas it is               European Communities.
                     This Regulation shall be binding in its entirety and directly applicable in all Member
                     States.
                     Done at Brussels, 17 June 1996.
                                                                                 For the Commission
                                                                                     Franz FISCHLER
                                                                            Member of the Commission
(')  OJ   No  L 370, 30. 12. 1986, p. 1 .
(2)  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 144/4          EN                 Official Journal of the European Communities                                  18 . 6. 96
                                                              ANNEX
                                                               LOT A
            1 . Operation No ('): 893/95
            2. Programme: 1995
            3. Recipient (2): Euronaid, Postbus 12, NL-2501 CA Den Haag, Nederland, (tel: (31 70)33 05 757; fax:
                36 41 701 ; telex 30960 EURON NL)
           4. Representative of the recipient ^: to be designated by the recipient
            5. Place or country of destination : Peru
            6. Product to be mobilized: oat flakes
           7. Characteristics and quality of the goods Of7): see OJ No C 114, 29. 4. 1991 , p. 1 (II.B(l)(e))
           8 . Total quantity (tonnes) : 96 ( 165 tonnes of cereals)
           9. Number of lots: 1
          10. Packaging and marking (') (8) (») (10): see OJ No C 114, 29. 4. 1991 , p. 1 (II.B(2)(f) and II .B (3))
                Language to be used for the marking: Spanish
          11 . Method of mobilization : the Community market
          12. Stage of supply: free at port of shipment
          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: —
          17. Period for making the goods available at the port of shipment: 22. 7 — 11 . 8 . 1996
          18. Deadline for the supply: —
          19. Procedure for determining the costs of supply: invitation to tender
          20. Date of expiry of the period allowed for submission of tenders: 1 2 noon (Brussels time) on 2. 7.
                1996
         21 . In the case of a second invitation to tender:
               (a) deadline for the submission of tenders: 12 noon (Brussels time) on 16. 7. 1996
               (b) period for making the goods available at the port of shipment: 5 — 25. 8. 1996
               (c) deadline for the supply: —
         22. Amount of the tendering security: ECU 5 per tonne
         23. Amount of the 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 1 attention de Monsieur T. Vestergaard,
               Bâtiment Loi 130, bureau 7/46, rue de la Loi/Wetstraat 200 ,
               B-1049 Brussels
               (Attention! New numbers: telex: 25670 AGREC B; fax: (32 2) 296 70 03 / 296 70 04)
         25. Refund payable on application by the successful tenderer (4): refund applicable on 21 . 6. 1996,
               fixed by Commission Regulation (EC) No 975/96 (OJ No L 131 , 1 . 6. 1996, p. 24)
 ---pagebreak--- 18 . 6. 96              EN                  Official Journal of the European Communities                                       No L 144/5
                                                                 LOT B
              1 . Operation No ('): 921 /95
              2. Programme: 1995
              3. Recipient (2): CICR, 19, avenue de la Paix, CH-1202 Genève (tel: (41 22) 734 60 01 ; telex 22269 CH)
              4. Representative of the recipient: ICRC Tbilissi, Dutu Megreli Road 1 , 380003 Tbilissi (tel: (78832)
                    93 55 11 , fax: (78832) 93 55 20)
              5. Place or country of destination: Georgia
              6. Product to be mobilized: common wheat flour
              7. Characteristics and quality of the goods (3) I7): see OJ No C 1 14, 29. 4. 1991 , p. 1 (under II.B ( 1 ) (a))
              8 . Total quantity (tonnes): 400 (548 tonnes of cereals)
             9. Number of lots: 1
            10. Packaging and marking (8)(9)(")(12): see OJ No C 114, 29. 4. 1991 , p. 1 (II.B (2) (d) and II.B(3))
                   Markings in English
                   Supplementary markings: 'GG-040'
            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:
                   ICRC Sochi (warehouse), Castello street 51 , ADLER Sochi
            17. Period for making the goods available at the port of shipment where the supply is awarded at
                  the port of shipment stage: 22. 7 — 4. 8 . 1996
            18 . Deadline for the supply: 25. 8 . 1996
            19. Procedure for determining the costs of supply: tendering
           20. Date of expiry of the period allowed for submission of tenders: 12 noon (Brussels time) on
                  2. 7. 1996
           21 . In the case of a second invitation to tender:
                  (a) deadline for the submission of tenders: 12 noon (Brussels time) on 16. 7. 1996
                  (b) period for making the goods available at the port of shipment where the supply is awarded at the
                       port of shipment stage: 5 — 18. 8. 1996
                 (c) deadline for the supply: 8. 9. 1996
           22. Amount of the tendering security: ECU 5 per tonne
           23. Amount of the 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 1 attention de Monsieur T. Vestergaard,
                 Bâtiment Loi 130 , bureau 7/46,
                 Rue de la Loi/Wetstraat 200,
                 B - 1 049 Brussels
                 (Attention! New numbers: telex: 25670 AGREC B; fax (32 2) 296 70 03 / 296 70 04)
           25. Refund payable on application by the successful tenderer (4): refund applicable on 21 . 6. 1996;
                 fixed by Commission Regulation (EC) No 975/96 (OJ No L 131 , 1 . 6. 1996, p. 24)
 ---pagebreak--- No L 144/6            EN                 Official Journal of the European Communities                                          18 . 6. 96
           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 2853/95 (OJ No L 299, 12. 12. 1995, p. 1 ), shall not apply to this
                 amount.
            Is) The supplier should send a duplicate of the original invoice to Willis Corroon Scheuer, Postbus 1315,
                 NL-1000 Amsterdam .
            (6) Shipment to take place in 20-foot containers condition FCL/FCL (each containing 12 tonnes net).
                The supplier shall be responsible for the cost of making the containers available in the stack position at
                the container terminal at the port of shipment. The recipient shall be responsible for all subsequent
                loading costs, including the cost of moving the containers from the container terminal. The provisions of
                Article 13 (2), second paragraph, of Regulation (EEC) No 2200/87 shall not apply.
                The successful tenderer has to submit to the recipient's agent a complete packing list of each container,
                specifying number of bags belonging to each shipping number as specified in the invitation to tender.
                The successful tenderer has to seal each container with a numbered locktainer (SYSKO locktainer 180
                seal), number of which to be provided to the beneficiary's forwarder.
           Q The successful tenderer shall supply to the beneficiary or its representative, on delivery, the following
                documents :
                — phytosanitary certificate (A: + expiry date),
                — lot B: fumigation certificate.
           (8) Notwithstanding OJ No C 114, point II.B(3)(c) is replaced by the following: 'the words "European
                Community"'.
           (9) 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'.
          (10) See fourth amendment to OJ No C 114 published in OJ No C 272, 21 . 10. 1992, p. 6.
          (") The bags shall be stacked, maximum 21 on wooden pallets (made of pine, fir, or poplar wood) measuring
                not more than 1 200 x 1 400 mm, and with the following features:
                — four-way entry, non reversible, with wings,
                — a top deck consisting of a minimum of seven planks (width: 100 mm; thickness: 22 mm),
                — a bottom deck consisting of three planks (width: 100 mm, thickness: 22 mm),
                — three bearers (width: 100 mm; thickness: 22 mm),
                — nine dowels: 100 x 100 x 78 mm minimum.
                The palletized bags shall be covered by a shrink film of a thickness of at least 150 microns. The pallet
                shall be covered with a wooden structure to allow stacking. The whole of the above must be bound, in
                each direction, by two nylons straps of a width of not less than 15 mm with plastic buckles.
                The bags are further protected by board of wood placed between the bags and straps.
          (12) See second amendment to OJ No C 114 published in OJ No C 135, 26. 5. 1992, p. 20.