CELEX: 31993R0389
Language: en
Date: 1993-02-23 00:00:00
Title: Commission Regulation (EEC) No 389/93 of 22 February 1993 on the supply of cereals as food aid

23 . 2. 93                              Official Journal of the European Communities                              No L 45/7
                                    COMMISSION REGULATION (EEC) No 389/93
                                                     of 22 February 1993
                                           on the supply of cereals as food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Whereas, notably for logistical reasons, certain supplies
                                                                   are not awarded within the first and second deadlines for
Having regard to the Treaty establishing the European              submission of tenders ; whereas, in order to avoid republi­
Economic Community,                                                cation of the notice of invitation to tender, a third
Having regard to Council Regulation (EEC) No 3972/86               deadline for submission of tenders should be opened,
of 22 December 1986 on food-aid policy and food-aid
management ('), as last amended by Regulation (EEC)
No 1930/90 (2), and in particular Article 6 (1) (c) thereof,       HAS ADOPTED THIS REGULATION :
Whereas Council Regulation (EEC) No 1420/87 of 21
May 1987 laying down implementing rules for Regulation
                                                                                            Article 1
(EEC) No 3972/86 on food-aid policy and food-aid
management (3) lays down the list of countries and organ­
izations eligible for food-aid operations and specifies the        Vegetable oil shall be mobilized in the Community, as
general criteria on the transport of food aid beyond the           Community food aid for supply to the recipient listed in
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 to certain beneficiaries 10 000 tonnes of cereals ;      The successful tenderer is deemed to have noted and
                                                                   accepted all the general and specific conditions
Whereas it is necessary to make these supplies in                  applicable. Any other condition or reservation included in
accordance with the rules laid down by Commission                  his tender is deemed unwritten.
Regulation (EEC) No 2200/87 of 8 July 1987 laying down
general rules for the mobilization in the Community of
products to be supplied as Community food aid (4), as                                       Article 2
amended by Regulation (EEC) No 790/91 (*) ; whereas it
is necessary to specify the time limits and conditions of          This Regulation shall enter into force* on the day
supply and the procedure to be followed to determine the           follpwing its publication in the Official Journal of the
resultant costs :                                                  European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 22 February 1993.
                                                                            For the Commission
                                                                               Rene STEICHEN
                                                                        Member of the Commission
 (') OJ No  L 370, 30. 12. 1986, p. 1 .
 (2) OJ No  L 174, 7. 7. 1990, p. 6.
 (3) OJ No  L 136, 26. 5. 1987, p. 1 .
 0   OJ No  L 204, 25. 7. 1987, p. 1 .
 V) OJ No L 81 , 28. 3. 1991 , p. 108.
 ---pagebreak--- No L 45/8                               Official Journal of the European Communities                                     23. 2. 93
                                                               ANNEX
                                                               LOT A
            1 . Operation No ('): 1386/92
            2. Programme : 1992
            3. Recipient (2) : Madagascar (Régie malgache des monopoles fiscaux (RMMF), 21 , avenue de 1 Indépen­
                dance, BP 23, Antananarivo 101 )
            4. Representative of the recipient : Ambassade de la république démocratique de Madagascar, avenue de
                Tervuren 276, B-1150 Brussels, tel. 770 17 746, telex 61197 TELMAD B
            5. Place or country of destination (*) : Madagascar
            6. Product to be mobilized : common wheat
            7. Characteristics and quality of the goods (3): see OJ No C 114, 29. 4. 1991 , p. 1 (under IIAl(a));
                specific characteristics : moisture content : 13,5% maximum
            8. Total quantity : 10 000 tonnes
            9 . Number of lots : one
          10. Packaging : in bulk plus 150 000 sacks,
                Sacks : OJ No C 114, 29. 4. 1991 , p. 1 (under II.B.2<d))
                Markings : only II.B.3^a), (c) and (g)
          11 . Method of mobilization : Community market
          1 2. Stage of supply : free at port of landing — landed
          13. Port of shipment : —
          14. Port of landing specified by the recipient : —
          1 5. Port of landing : Toamasina
          1 6. Address of the warehouse and, if appropriate, port of landing : —
          17. Period for making the goods available at the port of shipment where the supply is awarded at
                the port of shipment stage : 29. 3 — 11 . 4. 1993
          18. Deadline for the supply : 30. 4. 1993
          19. Procedure for determining the costs of supply : tendering
          20. Date of expiry of the period allowed for submission of tenders : 9. 3. 1993, at 12 noon (Brussels
                time)
          21 . A. In the case of a second invitation to tender :
                    (a) deadline for the submission of tenders : 23. 3. 1993 at 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. 4. 1993
                    (c) deadline for the supply : 14. 5. 1993
                B. In the case of a third invitation to tender :
                    (a) deadline for the submission of tenders : 6. 4. 1993, at 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 : 26. 4 — 9. 5. 1993
                    (c) deadline for the supply : 28. 5. 1993
          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, à
                l'attention de Monsieur T. Vestergaard, bâtiment Loi 120, bureau 7/46, rue de la Loi 200, B- 1 049 Brux­
                elles ; telex AGREC 22037 B or AGREC 25670 B ; telefax (32-2) 296 20 05 / 295 01 32 / 296 10 97 /
                295 01 30 / 296 33 04
          25. Refund payable on request by the successful tenderer (4) : refund applicable on 26. 2. 1993, fixed by
                Commission Regulation (EEC) No 166/93 (OJ No L 22, 30. 1 . 1993, p. 17)
 ---pagebreak--- 23. 2. 93                             Official Journal of the European Communities                                            No L 45/9
          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 certifiying 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 and,
              where appropriate, the accession compensatory amounts. 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
              8 to 12 of Commission Regulation (EEC) No 3819/92 (OJ No L 387, 31 . 12. 1992, p. 17) shall not apply
              to this amount.
          0 Commission delegation to be contacted by the successful tenderer : see OJ No C 114, 29. 4. 1991 , p. 33.