COMMISSION REGULATION (EC) No 188/98 of 23 January 1998 on the supply of milk products as food aid
Date: 1998-01-23
Institutions: European Commission
Subjects: Nicaragua, award of contract, food aid, powdered milk, whole milk

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COMMISSION REGULATION (EC) No 188/98

of 23 January 1998

on the supply of milk products as food aid

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

necessary to specify the time limits and conditions of
supply to determine the resultant costs,

June

Having regard to Council Regulation (EC) No 1292/96 of
27
and food-aid
management and special operations in support of food
security (1), and in particular Article 24(1)(b) thereof,

on food-aid policy

1996

Whereas the abovementioned Regulation lays down the
list of countries and organisations eligible for Community
aid and specifies the general criteria on the transport of
food aid beyond the fob stage;

Whereas, following the taking of a number of decisions
on the allocation of
the Commission has
food aid,
allocated milk powder to certain beneficiaries;

it

is necessary to make these supplies

Whereas
in
accordance with the rules laid down by Commission
Regulation (EC) No 2519/97 of 16 December 1997 laying
down general rules for the mobilisation of products to be
to Council Regulation (EC) No
supplied pursuant
is
1292/96 as Community food aid (2); whereas

it

HAS ADOPTED THIS REGULATION:

Article 1

Milk products shall be mobilised in the Community, as
Community food aid for supply to the recipient listed in
the Annex,
in accordance with Regulation (EC) No
2519/97 and under the conditions set out in the Annex.

The tenderer is deemed to have noted and accepted all
the general and specific conditions applicable. Any other
condition or reservation included in his tender is deemed
unwritten.

Article 2

This Regulation shall enter
into force on the day
following its publication in the Official Journal of the
European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 23 January 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 166, 5. 7. 1996, p. 1.
(2) OJ L 346, 17. 12. 1997, p. 23.

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ANNEX

LOT A

1. Action No: 1885/94

2. Beneficiary (2): Nicaragua

3. Beneficiary’s representative: Programa Integral de Nutrición Escolar (PINE-MED), de la Esso Alta-

gracia 3c, Abajo Managua Tel.:

(505-2) 65 28 38; fax: 652839

4. Country of destination: Nicaragua

5. Product to be mobilised: whole milk powder

6. Total quantity (tonnes): 80

7. Number of lots: 1

8. Characteristics and quality of the product (3) (5): see OJ C 114, 29. 4. 1991, p. 1 (I.C.(1))

9. Packaging: see OJ C 267, 13. 9. 1996, p. 1 (6.3 A and B.2)

10. Labelling or marking (6): see OJ C 114, 29. 4. 1991, p. 1 (I.C.(3))

— Language to be used for the markings: Spanish

— Supplementary markings: —

11. Method of mobilisation of the product: the Community market

The whole milk powder must be manufactured after the award of the tender

12. Specified delivery stage: free at port of landing — landed

13. Alternative delivery stage: free at port of shipment

14.

(a) Port of shipment: —

(b) Loading address: —

15. Port of landing: Corinto

16. Place of destination: —

— port of warehouse of transit: —

— overland transport route: —

17. Period or deadline of supply at the specified stage:

— first deadline: 19. 4. 1998

— second deadline: 3. 5. 1998

18. Period or deadline of supply at the alternative stage:

— first deadline: 2 to 15. 3. 1998

— second deadline: 16 to 29. 3. 1998

19. Deadline for the submission of tenders:

(at 12 noon, Brussels time)

— first deadline: 9. 2. 1998

— second deadline: 23. 2. 1998

20. Amount of tendering guarantee: ECU 20 per tonne

21. Address for submission of tenders and tendering guarantee (1): Bureau de l’aide alimentaire, Attn.
Mr T. Vestergaard, Bâtiment Loi/Wetstraat 130, bureau 7/46, Rue de la Loi/Wetstraat 200, B-1049 Brux-
elles/Brussel

telex: 25670 AGREC B; fax:

(32-2) 296 70 03 / 296 70 04 (exclusively)

22. Export refund (4): refund applicable on 12. 1. 1998, fixed by Commission Regulation (EC) No 2348/97

(OJ L 326, 28. 11. 1997, p. 8)

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Notes:

(1) Supplementary information: André Debongnie (Tel:

(32-2) 295 14 65).

Torben Vestergaard (Tel:

(32-2) 299 30 50).

(2) The supplier shall contact the beneficiary or its representative as soon as possible to establish which

consignment documents are required.

(3) The supplier 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 L 210, 1. 8. 1987, p. 56), as last amended by Regulation
(EEC) No 2226/89 (OJ 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 22 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 L 108, 1. 5. 1993, p. 106), as last amended by
Regulation (EC) No 1482/96 (OJ L 188, 27. 7. 1996, p. 22), shall not apply to this amount.

(5) The supplier shall supply to the beneficiary or its representative, on delivery, the following documents:

— health certificate issued by an official entity stating that the product was processed under excellent
sanitary conditions which are supervised by qualified technical personnel. The certificate must state
the temperature and duration of the pasteurisation, the temperature and duration in the spray-drying-
tower and the expiry date for consumption,

— veterinary certificate issued by an official entity stating that the area of production of raw milk had not
registered foot-and-mouth disease nor any other notifiable infectious/contagious disease during the 12
months prior to the processing.

(6) Notwithstanding OJ C 114, point I. A.3 (c) is replaced by the following:

‘the words “European Com-

munity”’.