CELEX: 31997R0044
Language: en
Date: 1997-01-14 00:00:00
Title: COMMISSION REGULATION (EC) No 44/97 of 14 January 1997 on the transport for the free supply to Azerbaijan of wheat flour

15 . 1 . 97           EN                Official Journal of the European Communities                                     No L 12/ 1
                                                                  I
                                                (Acts whose publication is obligatory)
                                        COMMISSION REGULATION (EC) No 44/97
                                                         of 14 January 1997
                            on the transport for the free supply to Azerbaijan of wheat flour
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         2. The supply costs shall relate to the take-over at the
                                                                      stage laid down in paragraph 3 and transport by the
  Having regard to the Treaty establishing the European               appropriate means to the places of destination and within
  Community,                                                          the time limits indicated in Annex I.
  Having regard to Council Regulation (EC) No 1975/95 of              3 . The flour will be made available for loading, free on
  4 August 1995 on actions for the free supply of agricul­            board, stowed on the ship or wagon, during a maximum
  tural products to the people of Georgia, Armenia, Azer­             period of 10 days from the dates indicated in the fol­
  baijan, Kyrgyzstan, Tajikistan and Turkmenistan ('), as             lowing manner:
  amended by Regulation (EC) No 686/96 (2), and in par­
  ticular Article 4 thereof,                                          Lot: 6 000 tonnes (net) destined for Azerbaijan of which :
 Whereas, Commission Regulation (EC) No 2009/95 (3), as               — 3 000 tonnes made available in the port of Antwerp
 amended by Regulation (EC) No 723/96 (4), established                    with effect from 17 February 1997,
 the detailed rules applicable to the supply of agricultural         — 3 000 tonnes made available in the port of Antwerp
 products provided for by Regulation (EC) No 1975/95;                     with effect from 17 February 1997.
 whereas, it is appropriate to open a tendering procedure
 for the supply of 6 000 tonnes of wheat flour intended for
 Azerbaijan;                                                         After the expiry of 10 days following the dates mentioned
                                                                     above, the successful tenderer shall be required to re­
                                                                     imburse to the Commission the costs which it will have
 Whereas, in view of the present difficulties in this re­            borne to cover the costs (waiting, insurance, security,
 public and the specific problems of forwarding aid to this          guarantees, etc.) referred to in Article 6 ( 1 ) (e) (4) of Regu­
 region, it is appropriate to organize the supply of the             lation (EC) No 2009/95.
 abovementioned product in one lot;
 Whereas the measures provided for in this Regulation are                                      Article 2
 in accordance with the opinion of the Management
 Committee for Cereals,
                                                                     1.     In accordance with Article 4 of Regulation (EC) No
                                                                     2009/95 the offers shall be presented to the following
                                                                     address :
 HAS ADOPTED THIS REGULATION :                                       Commission of the European Communities
                                                                     EAGGF — Guarantee
                                                                     Division VI/G.2 (Office 10/05 or 10/08)
                                                                     Rue de la Loi/Wetstraat 130
                             Article 1
                                                                     B-1049 Brussels .
 1 . A tendering procedure is hereby initiated for the               The closing date for the lodgement of tenders shall be 27
supply costs of 6 000 tonnes (net) of wheat flour as in­             January 1997 at 17.00 hours (Brussels time).
dicated in Annex I, in accordance with the provisions of
Regulation (EC) No 2009/95, and in particular Article 2              In the case of non-acceptance of offers on 27 January, a
( 1 ) (b) thereof. The invitation to tender relates to one lot.      second closing date for the lodgement of offers shall be 6
                                                                     February 1997 at 12 noon (Brussels time).
(') OJ No L 191 , 12. 8 . 1995, p. 2.
(2) OJ No L 97, 18 . 4. 1996, p. 1 .                                 In this case all of the dates referred to in Article 1 and
(3) OJ No L 196, 19. 8 . 1995, p. 4.
b) OJ No L 100, 23. 4. 1996, p. 9.                                   Annex I shall be carried forward by 10 days.
 ---pagebreak--- No L 12/2            EN                 Official Journal of the European Communities                                15 . 1 . 97
2. The offer shall relate to the supply of the total of the                                   Article 3
quantities of the lot referred to in Article 1 (3).               The take-over certificate referred to in the second indent
                                                                  of Article 10 ( 1 ) (a) of Regulation (EC) No 2009/95 shall
Tenderers, where appropriate, shall take account of the
                                                                  be established at the places and by the authorities referred
unloading and transit prices referred to in Annex V.              to in Annex II, on the basis of the model in Annex IV
                                                                  and, where applicable, Annex IV (a).
In the case of transport by rail, the tenderer must submit
a letter of guarantee issued by the rail authorities of the                                   Article 4
country of first entry into the CIS (except in the case of
Georgia) certifying the availability of the means of trans­       For the payment provided for in Article 13 of Regulation
port as well as the wagons necessary for the proper execu­        (EC) No 2009/95, the designated control agency shall
tion of the operation . Article 12 (2) of Regulation (EC) No      deliver, upon completion of that operation , a certificate
2009 /95 is applicable also in the case of non-payment to         certifying the total removal of the quantities for each
the railway authorities of the different republics of the         destination, countersigned by the producer of the flour or
CIS crossed .
                                                                  his representative, in accordance with the model in
                                                                  Annex III .
3 . The tendering security referred to in Article 6 ( 1 ) (f)
of Regulation (EC) No 2009/95 is fixed at ECU 25 per                                          Article 5
tonne of flour.
                                                                  This Regulation shall enter into force on the third day
4.    The security referred to in Article 8 (2) of Regulation     following its publication in the Official Journal of the
(EC) No 2009/95 is fixed at ECU 380 per tonne of flour.           European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 14 January 1997.
                                                                            For the Commission
                                                                              Franz FISCHLER
                                                                        Member of the Commission
 ---pagebreak--- 15. 1 . 97         I EN I                Official Journal of the European Communities                                        No L 12/3
                                                                ANNEX I
            Lot
           AZERBAIJAN: 6 000 tonnes (net) of wheat flour
           Delivery stage
           Beiuk-Kesik (via the ports of Poti or Batumi) or a frontier point to be designated by the tenderer (goods not
           unloaded)
           Final delivery date at the port or frontier point
           — 3 000 tonnes by 17 March 1997,
           — 3 000 tonnes by 17 March 1997.
           The choice of the port of Poti or Batumi shall be managed by the Commission in accordance with the avail­
           ability of quays .
                                                              ANNEX II
           1 . Place of take-over in Azerbaijan:
               Beiuk-Kesik (or a frontier point to be designated by the tenderer) — goods not unloaded.
               The quantitative and qualitative controls will be carried out at the time of sealing the rail-wagons at Poti
               or Batumi . The take-over certificate will be issued on arrival at the abovementioned station after verifica­
               tion of the integrity of the seals and the number of wagons.
           2. Authority entitled to deliver the take-over certificate:
               Gossudarstvenaya Companija Chleboproductov
               370033 BAKU
               Ul . Usif Zaade No . 13
               Mr F. R. Mamedov — President
               Tel.: (7-8922) 66 74 51 /66 38 20 .
 ---pagebreak--- No L 12/4           EN               Official Journal of the European Communities                           15 . 1 . 97
                                                        ANNEX III
                                                  Regulation (EC) No 44/97
                                                CERTIFICATE OF REMOVAL
          I, the undersigned
                                                             (name/first name/position)
          acting on behalf of
          certify that the following goods have been taken over:
            Product­
            Packaging:
            Total quantity in tonnes (net):
                                       (gross):
                          of sacks :
            Number
                          of 'Big Bags':
            Place and date of take-over:
            Name of boat:
            Name and address of transport company:
                                 Name and address of the monitoring agency:
                                 Name and signature of its on-the-spot representative:
          Observations or remarks :
                                                                                        Signature and stamp
                                                                                          of the producer
 ---pagebreak--- 15. 1 . 97        | EN                  Official Journal of the European Communities                            No L 12/ 5
                                                           ANNEX IV
                                                    Regulation (EC) No 44/97
                             TAKE-OVER CERTIFICATE AT THE PORT OF POTI/ BATUMI
           I, the undersigned
                                                               (name/first name/position)
           acting on behalf of
           certify that the following goods have been taken over:
             Product:
             Packaging:
             Total quantity in tonnes (net):
                                          (gross):
                           of sacks :
             Number
                           of 'Big Bags':
             Place and date of take-over:
             Name of boat:
             Name and address of transport company:
                                   Name and address of monitoring agency:
                                   Name and signature of its on-the-spot representative:
           Observations or remarks:
                          Signature and stamp                                            Signature and stamp
                      of the Georgian authorities                                      of the       authorities
 ---pagebreak--- No L 12/ 6               EN                    Official Journal of the European Communities                                          15 . 1 . 97
                                                                  ANNEX      IV (a)
                                                            Regulation (EC) No 44/97
                                                              Train No
             TAKE-OVER                 CERTIFICATE       ON THE ARRIVAL OF THE                      RAIL-WAGONS           IN    THE
                                                       COUNTRIES OF DESTINATION
             I, the undersigned
                                                                        (name/first name/position)
             acting on behalf of
             certify that the goods indicated below have been taken over:
             Type of product:
             Place and date of takeover:
                                                                                                       Date          Quantities ('),
                                         Seal numbers
                                                             Quantity          Number of
                                                                                                     frontier
                Wagon numbers                                                                                       signature and
                                                           (net weight)           packets            crossed           remarks
               1
           I                           I                I                  I
               2
           l                           l                l                  l
               3
           I                           I                I                  I
               4
           I                           I                I                  I
               5
           I                           I                I                  I
               6
           I                           I                I                  I
           I
               7
                                       I                I
                                                                           I
                                                                           I
                                                                                               I
               8
                                       I                I                  I
               9
           I                           I                I                  I
           10 . .............   ......
            (') To be completed only for the wagons which have been the subject of a check, inserting the weight found .
             Name and address of the transport company:
             Name and address of the monitoring agency:
             Observations and remarks :
                      Representative of monitoring agency                             Name, signature and stamp of the beneficiary
                              Name, signature and stamp
 ---pagebreak--- 15. 1 . 97       I EN                Official Journal of the European Communities                                No L 12/7
                                                           ANNEX V
                                           Transit prices on Georgian territory
           AZERBAIJAN
                                                                                                 (in US dollars)
                                                                         Transport cost
                        Products                 Discharging cost   including security of  Administration cost
                                                    (per tonne)            the cargo            (per lot)
                                                                          (per tonne)
                                                                     Poti           Batumi
           Grain                                                     15,1             16,5         120
           — grab                                       4
           — vacuvator                                  5,5
           General cargo in covered wagons              6            15,1             16,5         120
           Thermos wagons                               7           30,8              33,8         120
           ARMENIA
                                                                                                 (in US dollars)
                                                                        Transport cost
                        Products                 Discharging cost   including security of  Administration cost
                                                   (per tonne)             the cargo            (per lot)
                                                                          (per tonne)
                                                                    Poti            Batumi
           Grain                                                      15               17          120
           — grab                                       4
           — vacuvator                                  5,5
           General cargo in covered wagons              6             15               17          120
           Thermos wagons                               7            31                35          120
           GEORGIA
                                                                                                 (in US dollars)
                                                                     Grain — vacuvator      General cargo in
                        Products                  Grain — grab                              covered wagons
           Discharging cost (per tonne)                  3                    3,5                   5