CELEX: 31997R0446
Language: en
Date: 1997-03-07 00:00:00
Title: COMMISSION REGULATION (EC) No 446/97 of 7 March 1997 on the supply of vegetable oil as food aid

No L 68 / 12         EN                Official Journal of the European Communities                                 8 . 3 . 97
                                        COMMISSION REGULATION (EC) No 446/97
                                                          of 7 March 1997
                                         on the supply of vegetable oil as food aid
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       be able to mobilize either rape-seed oil or sunflower oil;
                                                                     whereas the contract for the supply of such each lot is to
   Having regard to the Treaty establishing the European             be awarded to the tenderer submitting the lowest tender,
   Community,
                                                                     HAS ADOPTED THIS REGULATION :
   Having regard to Council Regulation (EC) No 1292/96 of
   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,
                                                                    Vegetable oil 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
                                                                    2200/ 87 and under the conditions set out in the Annex .
  operations and specifies the general criteria on the
  transport of food aid beyond the fob stage;                       Supplies shall be awarded by the tendering procedure .
                                                                   The supply shall cover the mobilization of vegetable oil
  Whereas, following the taking of a number of decisions            produced in the Community. Mobilization may not
  on the allocation of food aid, the Commission has                 involve a product manufactured and/or packaged under
  allocated vegetable oil to certain beneficiaries;                inward processing arrangements.
  Whereas it is necessary to make these supplies in                Tenders relating to lot B shall cover either rape-seed oil
  accordance with the rules laid down by Commission                or sunflower oil. Tenders shall be rejected unless they
  Regulation (EEC) No 2200/ 87 of 8 July 1987 laying down          specify the type of oil to which they relate .
 general rules for the mobilization in the Community of            The successful tenderer is deemed to have noted and
  products to be supplied as Community food aid (2), as            accepted all the general and specific conditions
  amended by Regulation (EEC) No 790/91 (3);                       applicable . Any other condition or reservation included in
                                                                   his tender is deemed unwritten .
 Whereas it is necessary to specify the time limits and
 conditions of supply and the procedure to be followed to                                   Article 2
 determine the resultant costs;
                                                                   This Regulation shall enter into force on the day
 Whereas, in order to ensure that the supplies are carried         following its publication in the Official Journal of the
 out for lot B, provision should be made for tenderers to          European Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 7 March 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 .
 1 OJ No L 81 , 28 . 3. 1991 , p. 108 .
 ---pagebreak--- 8 . 3 . 97             EN                 Official Journal of the European Communities                                     No L 68 / 13
                                                               ANNEX
                                                                LOT A
              1 . Operation Nos (■): 1207/95 (Al ); 1208/95 (A2); 1209/95 (A3); 1210/95 (A4); 1211 /95 (A5); 1229/95 (A6);
                    1389/95 (A7)
              2. Programme: 1995
              3. Recipient (2): Euronaid, PO Box 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: India
             6. Product to be mobilized: refined soya-bean oil
             7. Characteristics and quality of the goods (3) 0 ("): —
             8 . Total quantity (tonnes): 825
             9 . Number of lots : One in seven parts (Al : 120 tonnes; A2: 30 tonnes ; A3 : 45 tonnes; A4: 45 tonnes; A5:
                   442 tonnes; A6: 45 tonnes; A7: 98 tonnes)
            10. Packaging and marking (s)(8): see OJ No C 267, 13. 9. 1996, p. 1 ( 10.4 A, B and C 2)
                   see OJ No C 114, 29 . 4. 1991 , p. 1 (III.A (3))
                   Language to be used for the marking: English
            11 . Method of mobilization: mobilization of refined soya-bean oil produced in the Community
                   Mobilization may not involve a product manufactured and/or packaged under inward-processing
                   arrangements
           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: 21 . 4 — 11 . 5. 1997
           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: 24. 3. 1997 ( 12 noon (Brussels
                  time))
           21 . In the case of a second invitation to tender:
                  (a) deadline for the submission of tenders: 8. 4. 1997 ( 12 noon (Brussels time))
                  (b) period for making the goods available at the port of shipment: 5 — 25. 5. 1997
                 (c) deadline for the supply: —
           22. Amount of the tendering security: ECU 15 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 1 aide alimentaire, Attn
                 Mr T. Vestergaard, Bâtiment Loi 130, bureau 7/46, Rue de la Loi/Wetstraat 200, B- 1 049 Brussels (telex:
                  25670 AGREC B; fax : (32 2) 296 70 03 / 296 70 04 (exclusively))
           25. Refund payable on application by the successful tenderer (4): —
 ---pagebreak--- No L 68/ 14             EN                 Official Journal of the European Communities                                           8 . 3 . 97
                                                                    LOT B
               1 . Operation No ('): 123/96
              2. Programme: 1996
              3. Recipient (2): Cape Verde
              4. Representative of the recipient: Empresa Pública de Abastecimento de Cabo Verde (EMPA), PO Box
                     107, Achada Grande (tel: (238) 61 56 28/61 56 31 ; fax: 61 14 60; telex: 6054; contact person : Aguinaldo do
                     Rosario
              5. Place or country of destination (s): Cape Verde
              6. Product to be mobilized: vegetable oil; refined rape-seed oil or refined sunflower oil
              7. Characteristics and quality of the goods (3) f) ( 10):
                    see OJ No C 114, 29. 4. 1991 , p. 1 (III.A ( 1 ) (a) or (b))
              8. Total quantity (tonnes net): 1 100
             9. Number of lots: 1 in 2 parts (Bl : 400 tonnes; B2: 700 tonnes)
            10 . Packaging and marking (6) ('):
                    see OJ No C 267, 13. 9. 1996, p. 1 ( 10 . 8 A, B and C (2))
                    see OJ No C 114, 29. 4. 1991 , p. 1 (III.A (3))
                    Language to be used for the marking: Portuguese
            11 . Method of mobilization : mobilization of refined vegetable oil produced in the Community.
                   Mobilization may not involve a product manufactured and/or packaged under inward-processing
                   arrangements
           12. Stage of supply: free at destination
           13 . Port of shipment: —
           14. Port of landing specified by the recipient: —
           15. Port of landing: Bl : Mindelo; B2: Praia
           16. Address of the warehouse and, if appropriate, port of landing: Magasins EMPA a: Bl : Sao Vicente;
                   B2: Praia
           1 7. Period for making the goods available at the port of shipment where the supply is awarded at
                   the port of shipment stage: 28 . 4 — 11 . 5. 1997
           18 . Deadline for the supply: 1 . 6. 1997
           19 . Procedure for determining the costs of supply: invitation to tender
          20. Date of expiry of the period allowed for submission of tenders: 24. 3. 1997 12 noon (Brussels
                  time)
          21 . In the case of a second invitation to tender:
                  (a) deadline for the submission of tenders: 8 . 4. 1997 12 noon (Brussels time)
                  (b) period for making the goods available at the port of shipment where the supply is awarded at the
                       port of shipment stage: 12 — 25. 5. 1997
                  (c) deadline for the supply: 15. 6. 1997
          22. Amount of the tendering security: ECU 15 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 1 aide alimentaire, à
                 l'attention de Monsieur T. Vestergaard, Bâtiment Loi 130, bureau 7/46, Rue de la Loi/Wetstraat 200,
                  B-1049 Brussels, Telex: 25670 AGREC B; fax: (32 2) 296 70 03/296 70 04 (exclusively)
          25. Refund payable on application by the successful tenderer (4): —
 ---pagebreak--- 8 . 3 . 97          fENl                  Official Journal of the European Communities                                          No L 68 / 15
            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) Article 7 (3) (g) of Regulation (EEC) No 2200/87 shall not be applicable to tenders submitted.
            (5) Commission delegation to be contacted by the successful tenderer: OJ No C 114, 29. 4. 1991 , p. 33.
            (6) Notwithstanding OJ No C 114, point III.A(3)(c) is replaced by the following: 'the words "European
                 Community"'.
            Q The successful tenderer shall supply to the beneficiary or its representative, on delivery, a sanitary certi­
                 ficate .
            (s) Shipment to take place in 20-foot containers, FCL/ FCL.
                 The supplier will be responsible for the cost of making the containers available in the stack position at
                 the container terminal at the port of shipment. The beneficiary will 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 subparagraph, of Regulation (EEC) No 2200/87 shall not apply.
                 The successful tenderer must submit to the recipient's agent a complete packing list of each container,
                 specifying the number of metal canisters belonging to each shipping number as specified in the invita­
                 tion to tender.
                 The successful tenderer must seal each container with a numbered locktainer (Sysko locktainer 1 80 seal),
                 the number of which is to be provided to the recipient's forwarder.
            (9) The free holding period for containers must be at least 15 days.
           (10) Tenders shall be rejected unless they specify the type of oil to which they relate.
           (") Refined soya-bean oil meeting the following criteria:
                 — appearance, at room temperature: clear and brilliant,
                 — flavour and odour: bland,
                 —   free fatty acids: maximum 0,1 % ,
                 —   water and impurities: maximum 0,05 % ,
                 —   colour, Lovibond 5 '/4" (red/yellow): maximum 1,5/ 15,
                 —   peroxide value (meq/kg): maximum 2,0,
                 —   specific gravity at 20 °C: 0,91 to 0,93 g/cm3,
                 — refractive index at 20 °C: 1,470 to 1,476,
                 — iodine value (Wijs): 125 to 140 g/ 100 g.