CELEX: 31997R0765
Language: en
Date: 1997-04-28 00:00:00
Title: COMMISSION REGULATION (EC) No 765/97 of 28 April 1997 on the supply of cereals as food aid

No L 112/6           EN               Official Journal of the European Communities                                 29 . 4. 97
                                      COMMISSION REGULATION (EC) No 765/97
                                                         of 28 April 1997
                                           on the supply of cereals as food aid
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        the possibility for tenderers to indicate two ports of
  Having regard to the Treaty establishing the European             loading where necessary not belonging to the same port
                                                                    area,
 Community,
 Having regard to Council Regulation (EC) No 1292/96 of
 27 June 1996 on food-aid policy and food-aid                       HAS ADOPTED THIS REGULATION :
 management and special operations in support of food
 security ('), and in particular Article 24 ( 1 ) (b) thereof,
                                                                                            Article 1
 Whereas the abovementioned Regulation lays down the
 list of countries and organizations eligible for food-aid          Cereals shall be mobilized in the Community, as
 operations , and specifies the general criteria on the             Community food aid for supply to the recipient listed in
 transport of food aid beyond the fob stage;                        the Annex, in accordance with Regulation (EEC) No
                                                                    2200/ 87 and under the conditions set out in the Annex.
 Whereas, following the taking of a number of decisions             Supplies shall be awarded by the tendering procedure.
 on the allocation of food aid, the Commission has
 allocated cereals to certain beneficiaries;                        For lot B, notwithstanding Article 7 (3) (d) of Regulation
 Whereas it is necessary to make these supplies in                 (EEC) No 2200/87, the tender may indicate two ports of
 accordance with the rules laid down by Commission                 shipment not necessarily belonging to the same port area.
 Regulation (EEC) No 2200/87 of 8 July 1987 laying down            The successful tenderer is deemed to have noted and
general rules for the mobilization in the Community of             accepted all the general and specific conditions
 products to be supplied as Community food aid (2), as             applicable. Any other condition or reservation included in
 amended by Regulation (EEC) No 790/91 (3); whereas it is          his tender is deemed unwritten .
 necessary to specify the time limits and conditions of
 supply and the procedure to be followed to determine the
 resultant costs;                                                                           Article 2
Whereas, for a given lot, given the small quantities to be         This Regulation shall enter into force on the day
supplied, the packaging methods and the large number of            following its publication in the Official Journal of the
destinations of the supplies, provision should be made for         European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 28 April 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 .
M OJ No L 81 , 28. 3. 1991 , p. 108 .
 ---pagebreak--- 29. 4. 97           [ EN |                Official Journal of the European Communities                                  No L 112/7
                                                              ANNEX
                                                               LOT A
             1 . Operation No ('): 208/96
             2. Programme: 1996
             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 : Peru
             6. Product to be mobilized: common wheat flour
            7. Characteristics and quality of the goods 0)(s)(10): see OJ No C 114, 29. 4. 1991 , p. 1 (II.B. (1 ) (a))
            8 . Total quantity (tonnes): 120
            9 . Number of lots: 1
           10. Packaging and marking (A) f7) ("): see OJ No C 267, 13. 9 . 1996, p. 1 (2.2 A l.d, 2.d and B.4)
                 see OJ No C 114, 29 . 4. 1991 , p. 1 (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: 2. — 22. 6. 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: ( 12 noon (Brussels time)) 13. 5.
                 1997
          21 . In the case of a second invitation to tender:
                (a) deadline for the submission of tenders: ( 12 noon (Brussels time)) 27. 5. 1997
                (b) period for making the goods available at the port of shipment: 16. 6. — 6. 7. 1997
                (c) deadline for the supply: —
          22. Amount of tendering security: ECU 5 per tonne
          23. Amount of delivery security: 1 0 % 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-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): refund applicable on 30 . 4. 1997,
                fixed by Commission Regulation (EC) No 526/97 (OJ No L 82, 22. 3 . 1997, p. 39)
 ---pagebreak--- No L 112/8            EN                  Official Journal of the European Communities                                 29 . 4. 97
                                                               LOT B
             1 . Operation No ('): 1472/95 (Bl ); 207/96 (B2)
             2. Programme : 1995 + 1996
             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 : Bl : Madagascar; B2: Peru
            6. Product to be mobilized : oat flakes
            7. Characteristics and quality of the goods (3)(5): see OJ No C 114, 29 . 4. 1991 , p. 1 (II.B. ( 1 ) (e))
            8 . Total quantity (tonnes): 216
            9. Number of lots: 1 in 2 parts (Bl : 48 tonnes; B2: 168 tonnes)
           10 . Packaging and marking (6) Q (8): see OJ No C 267, 13. 9 . 1996, p. 1 (2.3 A l.c, 2.c and B.4)
                 see OJ No C 114, 29 . 4. 1991 , p. 1 (II.B. (3))
                  Language to be used for the marking: Bl : French; B2: Spanish
           11 . Method of mobilization : the Community market
           12. Stage of supply: free at port of shipment (9)
           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: 9. — 29. 6. 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: ( 12 noon (Brussels time)) 13. 5.
                 1997
          21 . In the case of a second invitation to tender:
                 (a) deadline for the submission of tenders: ( 12 noon (Brussels time)) 27. 5. 1997
                 (b) period for making the goods available at the port of shipment: 23. 6. — 13 . 7. 1997
                 (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 1 aide alimentaire, Attn .
                 Mr T. Vestergaard, Bâtiment Loi 130, bureau 7/46, 200 rue de la Loi/Wetstraat, 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): refund applicable on 30. 4. 1997,
                 fixed by Commission Regulation (EC) No 526/97 (OJ No L 82, 22. 3. 1997, p. 39)
 ---pagebreak--- 29 . 4. 97          ( EN I                Official Journal of the European Communities                                          No L 112/9
            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- 1 3*4 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 1482/96 (OJ No L 188, 27. 7. 1996, p. 22), shall not apply to this
                 amount .
            (5) The successful tenderer shall supply to the beneficiary or its representative, on delivery, the following
                 documents :
                 — phytosanitary certificate (A + B2: plus expiry date),
                 — lot A: fumigation certificate (the cargo shall be fumigated before shipment with phosphine gas).
            (*) Shipment to take place in 20-foot containers condition FCL/FCL each containing 20 tonnes net (lot A)
                 and 12 tonnes net (lot B).
                 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 supplier 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 supplier 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 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 '.
            (8) Notwithstanding OJ No C 114, point II.B (3) (c) is replaced by the following: 'the words " European
                 Community"'.
            (') Notwithstanding Article 7 (3) (d) of Regulation (EEC) No 2200/87, the tender may indicate two ports of
                 shipment not necessarily belonging to the same port area.
           (,0) The flour must be enriched by the addition of 30 mg iron per kilogram.