CELEX: 31994R3178
Language: en
Date: 1994-12-23 00:00:00
Title: Commission Regulation (EC) No 3178/94 of 22 December 1994 on the supply of milk products as food aid

23. 12. 94                            Official Journal of the European Communities                           No L 335/61
                                     COMMISSION REGULATION (EC) No 3178/94
                                                    of 22 December 1994
                                      on the supply of milk products as food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      food aid (4), as amended by Regulation (EEC) No
                                                                 790/91 (*) ; whereas it is necessary to specify the time
 Having regard to the Treaty establishing the European
                                                                 limits and conditions of supply and the procedure to be
Community,                                                       followed to determine the resultant costs.
Having regard to Council Regulation (EEC) No 3972/86
of 22 December 1986 on food-aid policy and food-aid
management ('), as last amended by Regulation (EEC) No           HAS ADOPTED THIS REGULATION :
 1930/90 (2), and in particular Article 6 (1 ) (c) thereof,
Whereas Council Regulation (EEC) No 1420/87 of 21                                         Article 1
May 1987 laying down implementing rules for Regulation
(EEC) No 3972/86 on food-aid policy and food-aid                 Milk products shall be mobilized in the Community, as
management (3) lays down the list of countries and organ­        Community food aid, for supply to the recipients listed in
izations eligible for food-aid operations and specifies the      the Annex in accordance with Regulation (EEC) No
general criteria on the transport of food aid beyond the         2200/87 and under the conditions set out in the Annex.
fob stage ;                                                      Supplies shall be awarded by the tendering procedure.
Whereas following the taking of a number of decisions on         For lot A, notwithstanding Article 7 (3) (d) of Regulation
the allocation of food aid the Commission has allocated          (EEC) No 2200/87, the tender may indicate two ports of
to certain recipients 300 tonnes of milk powder ;                shipments not necessarily belonging to the same port
                                                                 area.
Whereas, for a given lot, given the small quantities to be
supplied, the packaging methods and the large number of          The successful tenderer is deemed to have noted and
destinations of the supplies, provision should be made for       accepted all the general and specific conditions appli­
the possibility for tenderers to indicate two ports of           cable. Any other condition or reservation included in his
loading, where necessary not belonging to the same port          tender is deemed unwritten.
area ;
Whereas it is necessary to provide for the carrying-out of                                Article 2
this measure in accordance with the rules laid down by
Commission Regulation (EEC) No 2200/87 of 8 July                 This Regulation shall enter into force on the day
1987 laying down general rules for the mobilization in           following its publication in the Official Journal of the
the Community of products to be supplied as Community            European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 22 December 1994.
                                                                          For the Commission
                                                                              Rene STEICHEN
                                                                       Member of the Commission
0) OJ No L 370, 30. 12. 1986, p. 1 .
0 OJ No L 174, 7. 7. 1990, p. 6.                                 (4) OJ No L 204, 25. 7. 1987, p. 1 .
(3) OJ No L 136, 26. 5. 1987, p. 1 .                             (0 OJ No L 81 , 28. 3. 1991 , p. 108.
 ---pagebreak--- No L 335/62                           Official Journal of the European Communities                                   23. 12. 94
                                                            ANNEX
                                                             LOT A
            1 . Operation Nos (') : 1790/93 (Al); 1791 /93 (A2)
            2. Programme : 1993
            3. Recipient Q : Euronaid, PO Box 12, NL-2501 CA Den Haag, (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 countries of destination : Zaire
            6. Product to be mobilized : vitaminized skimmed-milk powder
            7. Characteristics and quality of the goods f) f*) :
                (see OJ No C 114, 29. 4. 1991 , p. 1 (under I.B (1))
            8. Total quantity : 300 tonnes
            9. Number of lots : 1 in two parts (Al : 150 tonnes ; A2 : 150 tonnes)
          10. Packaging and marking Ç) (8) : 25 kg
                see OJ No C 114, 29. 4. 1991 , p. 1 (under I.B (2), IA (2) (3) and LB (3))
                language to be used for the marking : French
          1 1 . Method of mobilization : the Community market
                manufacture of 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 shipment (®) :
          13. Port of shipment : —
          14. Port of landing specified by the recipient : Al : Matadi ; A2 : Dar-es-Salaam
          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 : 6 — 26. 2. 1995
          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
                9 . 1 . 1995
          21 . In the case of a second invitation to tender :
                (a) deadline for the submission of tenders : 12 noon (Brussels time) on 23. 1 . 1995
                (b) period for making the goods available at the port of shipment : 20. 2 — 12. 3. 1995
                (c) deadline for the supply : —
          22. Amount of tendering security : ECU 20 per tonne
          23. Amount of delivery security : 10 % of the tender in ecus
          24. Address for submission of tenders and tendering securities (') :
                Bureau de l'aide alimentaire,
                à l'attention de Monsieur T. Vestergaard,
                Bâtiment Loi 120, bureau 7/46,
                200 rue de la Loi,
                B- 1 049 Bruxelles,
                (telex : 22037 AGREC B ; telefax : (32 2) 296 20 05 / 295 01 32 / 296 10 97)
          25. Refund payable on application by the successful tenderer (4) : refund applicable on 6. 12. 1994,
                fixed by Commission Regulation (EC) No 2845/94 (OJ No L 302, 25. 11 . 1994, p. 9)
 ---pagebreak--- 23 . 12. 94                              Official Journal of the European Communities                                        No L 335/63
             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 amended by
                Regulation (EC) No 547/94 (OJ No L 69, 12. 3. 1994, p. 1), shall not apply to this amount.
            (*) The supplier should send a duplicate of the original invoice to : Willis Corroon Scheuer, PO Box 1315,
                NL-1000 BH Amsterdam.'
            (*) The successful tenderer shall supply to the beneficiary or its representative, on delivery, the following
                documents :
                — health certificate,
                — veterinary certificate issued by an official entity stating that the product was processed with pasteur­
                    ized 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 regis­
                    tered foot-and-mouth disease nor any other notifiable infectious/contagious disease during the 12
                    months prior to the processing.
                The veterinary certificate must state the temperature and duration of the pasteurization, the temperature
                and duration in the spray-drying tower and the expiry date for consumption.
            f) Notwithstanding OJ No C 114, point I.B(3)(c) is replaced by the following : 'the words "European
                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 recipients 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 lock (Sysko locktainer 1 80 seal), the
                number of which to be provided to the beneficiary's forwarder.
            (9) For lot A, notwithstanding Article 7 (3) (d) of Regulation (EEC) No 2200/87, the tender may indicate two
                ports of shipments not necessarily belonging to the same port area.