CELEX: 31997R0074
Language: en
Date: 1997-01-17 00:00:00
Title: COMMISSION REGULATION (EC) No 74/97 of 17 January 1997 on the supply of milk products as food aid

No L 16/ 68           EN               Official Journal of the European Communities                                  18 . 1 . 97
                                       COMMISSION REGULATION (EC) No 74/97
                                                         of 17 January 1997
                                        on the supply of milk products as food aid
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        supply and the procedure to be followed to determine the
                                                                     resultant costs,
  Having regard to the Treaty establishing the European
  Community,
  Having regard to Council Regulation (EC) No 1292/96 of             HAS ADOPTED THIS REGULATION :
  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,
                                                                     Milk products 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
  operations and specifies the general criteria on the               2200/87 and under the conditions set out in the Annex.
  transport of food aid beyond the fob stage;                        Supplies shall be awarded by the tendering procedure.
 Whereas, following the taking of a number of decisions             The successful tenderer is deemed to have noted and
 on the allocation of food aid, the Commission has
                                                                     accepted all the general and specific conditions
  allocated milk powder to certain beneficiaries;
                                                                    applicable . Any other condition or reservation included in
 Whereas it is necessary to make these supplies in                  his tender is deemed unwritten .
 accordance with the rules laid down by Commission
 Regulation (EEC) No 2200/87 of 8 July 1987 laying down                                      Article 2
 general rules for the mobilization in the Community of
 products to be supplied as Community food aid (2), as              This Regulation shall enter into force on the day
 amended by Regulation (EEC) No 790/91 (3); whereas it is           following its publication in the Official Journal of the
 necessary to specify the time limits and conditions of             European Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 17 January 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 .
(3 OJ No L 81 , 28 . 3. 1991 , p. 108.
 ---pagebreak--- 18 . 1 . 97                EN                 Official Journal of the European Communities                                  No L 16/69
                                                                  ANNEX
                                                                   LOT A
                1 . Operation No ('): 1113/95
               2. Programme: 1995
               3. Recipient (2): UNHCR (for the attention of Mme Seinet), case postale 2500, CH-1211 Genève 2 dépôt
                     (tel . (41-22)739 81 37; telefax: 739 85 63)
               4. Representative of the recipient: UNHCR Branch Office, Khartoum, tel.: (871 ) 175 42 72; fax:
                     175 42 73; telex: 22431 HCR SD
               5. Place or country of destination (5): Sudan
               6. Product to be mobilized: vitaminized skimmed-milk powder
               7. Characteristics and quality of the goods (3)(6): see OJ No C 114, 29. 4. 1991 , p. 1 (I.B. ( 1 ))
               8 . Total quantity (tonnes): 110
              9 . Number of lots: 1
             10. Packaging and marking Q: see OJ No C 267, 13. 9. 1996, p. 1 (6.3 A and B.l )
                    see OJ No C 114, 29 . 4. 1991 , p. 1 (I.B.(3))
                     Language to be used for the marking: English
                    supplementary markings: 'Expiry date . . .'
             11 . Method of mobilization: the Community market
                    The manufacture of the skimmed-milk powder, and the incorporation of vitamins, must be carried out
                    after the award of the tender
             12. Stage of supply: free at port of landing — landed
             13 . Port of shipment: —
             14. Port of landing specified by the recipient: —
             15. Port of landing: Port Sudan
             16. 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: 10 to 23 . 3. 1997
             18 . Deadline for the supply: 27. 4. 1997
            19. Procedure for determining the costs of supply: invitation to tender
            20 . Date of expiry of the period allowed for submission of tenders : 3 . 2. 1997 ( 12 noon (Brussels
                   time))
            21 . In the case of a second invitation to tender:
                   (a) deadline for the submission of tenders: ( 12 noon (Brussels time)) 17. 2. 1997
                   (b) period for making the goods available at the port of shipment where the supply is awarded at the
                         port of shipment stage: 24. 3 to 6. 4. 1997
                   (c) deadline for the supply: 11 . 5. 1997
            22. Amount of tendering security: ECU 20 per tonne
            23. Amount of 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): refund applicable on 13. 1 . 1997,
                   fixed by Commission Regulation (EC) No 2504/96 (OJ No L 338 , 28 . 12. 1996, p. 77)
 ---pagebreak--- No L 16/70          TEN                  Official Journal of the European Communities                                  18 . 1 . 97
                                                              LOT B
             1 . Operation No ('): 1237/95 (Bl ); 1238 /95 (B2)
             2. Programme: 1995
             3. Recipient (2): Euronaid, Postbus 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 (9): to be designated by the recipient
             5. Place or country of destination : Cuba
            6. Product to be mobilized: whole milk powder
            7. Characteristics and quality of the goods (3) (6): see OJ No C 114, 29 . 4. 1991 , p. 1 (under I.C.(l ))
            8 . Total quantity: 195 tonnes
            9. Number of lots: 1 in 2 parts (Bl : 90 tonnes; B2: 105 tonnes)
           10. Packaging and marking Q (8): see OJ No C 267, 13. 9. 1996, p. 1 (6.3 A and B.2)
                 see OJ No C 114, 29 . 4. 1991 , p. 1 (I.C. 3
                 Language to be used for the marking: Spanish
           11 . Method of mobilization : the Community market
                 The whole milk powder must be manufactured after the award of the tender
           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: 24. 2 — 16 . 3 . 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) on 3. 2.
                 1997
          21 . In the case of a second invitation to tender:
                (a) deadline for the submission of tenders: 12 noon (Brussels time) on 17. 2. 1997
                (b) period for making the goods available at the port of shipment: 10 to 30. 3. 1997
                (c) deadline for the supply: —
          22. Amount of tendering security: ECU 20 per tonne
         23 . Amount of 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 - 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): refund applicable on 13. 1 . 1997,
                fixed by Commission Regulation (EC) No 2504/96 (OJ No L 338 , 28 . 12. 1996, p. 77)
 ---pagebreak--- 18 . 1 . 97             EN                  Official Journal of the European Communities                                        No L 16/71
              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) 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) Commission delegation to be contacted by the successful tenderer: OJ No C 1 14, 29. 4. 1991 , p. 33.
             (6) The successful tenderer shall supply to the beneficiary or its representative, on delivery, the following
                  documents :
                  — health certificate,
                  — lot B: veterinary certificate issued by an official entity stating that the product was processed with
                      pasteurized milk, coming from healthy animals, processed under excellent sanitary conditions which
                      are supervised by qualified technical personnel and that the area of production of raw milk had not
                      registered foot-and-mouth disease nor any other notifiable infectious/contagious disease during the 1 2
                      months prior to the processing,
                      The veterinary certificate must state the temperature and duration of the pasteurization, the tempera­
                      ture and duration in the spray-drying tower and the expiry date for consumption .
            Q Notwithstanding OJ No C 114, point I. B.3 (c) or I.C.3 (c) is replaced by the following: 'the words "Euro­
                  pean Community"'.
            (8) Shipment to take place in 20-foot containers, condition FCL/FCL each containing 15 tonnes net. 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 successful tenderer has to submit to the recipient's agent a complete packing list of each container,
                 specifying the number of bags belonging to each shipping number as specified in the invitation to tender.
                 The successful tenderer has to seal each container with a numbered locktainer (Sysko locktainer 1 80 seal),
                 number of which to be provided to the beneficiary's forwarder.
            (9) The supplier should send a duplicate of the original invoice to: Willis Corroon Scheuer, Postbus 1315,
                 NL-1000 BH Amsterdam .