CELEX: 31993R0108
Language: en
Date: 1993-01-23 00:00:00
Title: Commission Regulation (EEC) No 108/93 of 21 January 1993 on the supply of milk products as food aid

23 . 1 . 93                                 Official Journal of the European Communities                            No L 15/7
                                          COMMISSION REGULATION (EEC) No 108/93
                                                           of 21 January 1993
                                            on the supply of milk products 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                 submissions of tenders ; whereas, in order to avoid re­
 Economic Community,
                                                                       publication 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           Milk products shall be mobilized in the Community, as
 general criteria on the transport of food aid beyond the              Community food aid, for supply to the recipients listed in
 fob stage ;                                                           the Annexes in accordance with Regulation (EEC) No
                                                                       2200/87 and under the conditions set out in the Annexes.
 Whereas following the taking of a number of decisions on              Supplies shall be awarded by the tendering procedure.
 the allocation of food aid the Commission has allocated
 to certain recipients 2 093 tonnes of milk powder ;                   The successful tenderer is deemed to have noted and
                                                                       accepted all the general and specific conditions appli­
 Whereas it is necessary to provide for the carrying-out of            cable. Any other condition or reservation included in his
 this measure in accordance with the rules laid down by                tender is deemed unwritten.
 Commission 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                                          Article 2
 food aid (4), as amended by Regulation (EEC) No
 790/91 (*) ; whereas it is necessary to specify the time              This Regulation shall enter into force on the day
 limits and conditions of supply and the procedure to be               following its publication in the Official Journal of the
 followed to determine the resultant costs :                           European Communities.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 21 January 1993.
                                                                                For the Commission
                                                                                  Rene STEICHEN
                                                                            Member of the Commission
(') OJ   No  L 370, 30. 12. 1986, p. 1 .
o   OJ   No  L 174, 7. 7. 1990, p. 6.
0   OJ   No  L 136, 26. 5. 1987, p. 1 .
(4) OJ   No  L 204, 25. 7. 1987, p. 1 .
 5  OJ   No  L 81 , 28 . 3 . 1991 , p. 108.
 ---pagebreak--- No L 15/8                                Official Journal of the European Communities                                  23. 1 . 93
                                                              ANNEX
                                                           LOTS A and B
            1 . Operation Nos (»): 1357/92 (lot A); 1358/92 (lot B)
            2. Programme : 1992
            3. Recipient (2) : Tunisia
            4. Representative of the recipient : STIL-25 rue Bel Hassen Bn Chaabane 1005 EL OMRANE (Tunis)
                Tel.: (216-1 ) 560.117/562.483, fax : 561.882, Telex : 1 5322TN-Tunisie
            5. Place or country of destination : Tunisia
            6. Product to be mobilized : whole milk powder
            7. Characteristics and quality of the goods (3) (6) : see OJ No C 1 14, 29. 4. 1991 , p. 1 (under I.C.I)
            8. Total quantity : 2 000 tonnes net
            9. Number of lots : two [A 1 000 tonnes, B 1 000 tonnes]
          10. Packaging and marking : see OJ No C 114, 29. 4. 1991 , p. 1 (under IA2.3 and I.C.3) — Markings in
                French
          11 . Method of mobilization : the Community market
          12. Stage of supply (8): free at port of shipment — fob at ship's rail
          13. Port of shipment : —
          14. Port of landing specified by the recipient : —
          1 5. Port of landing : —
          1 6. Address of the warehouse and, if appropriate, port of landing : —
          17. Period for making the goods available (fob at ship's rail) at the port of shipment stage :
                — Lot A : 1 - 14. 3 . 1993
                — Lot B : 22. 3 - 4. 4. 1993
          18. Deadline for the supply : —
          19. Procedure for determining the costs of supply : tendering
          20. Date of expiry of the period allowed for submission of tenders : 12 noon (Brussels time) on
                8 . 2. 1993
          21 . A. In the case of a second invitation to tender :
                    (a) deadline for the submission of tenders : 12 noon (Brussels time) on 22. 2. 1993
                    (b) period for making the goods available (fob at ship's rail) at the port of shipment :
                        Lot A : 15 - 28 . 3 . 1993
                         Lot B : 5 - 18 . 4. 1993
                    (c) deadline for the supply : —
                B. In the case of a third invitation to tender :
                    (a) deadline for the submission of tenders : 12 noon (Brussels time) on 8. 3. 1993
                    (b) period for making the goods available (fob at ship's rail) at the port of shipment :
                         Lot A : 29. 3 - 11 . 4. 1993
                         Lot B : 19 . 4 - 2. 5. 1993
                    (c) deadline for the supply : —
          22. Amount of the tendering security : ECU 20 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, 200 rue de la Loi, B-1049 Brux­
                elles ; telex 22037 / 25670 AGREC 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 20. 1 . 1993, fixed by
                Commission Regulation (EEC) No 3843/92 (OJ No L 390, 29. 12. 1992, p. 5)
 ---pagebreak--- 23 . 1 . 93                               Official Journal of the European Communities                                        No L 15/9
                                                                  LOT C
              1 . Operation No ('): 1127/92
             2. Programme : 1992
             3. Recipient ^): UNRWA — Supply Division — Vienna International Centre, PO Box 700, A-1400
                  Vienna, Austria telex : 135310 A — fax (1) 230 75 29
             4. Representative of the recipient : UNRWA Field Supply and Transport Officer, West Bank, PO Box
                   19149 Jerusalem, Israel ; (tel. (972-3) 82 80 93 ; telefax 81 65 64 ; telex (0606)26194 IL UNRWA)
             5. Place or country of destination (*) : Israel
             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. 3-4, I.B.I )
             8. Total quantity : 93 tonnes
             9. Number of lots : 1
            10. Packaging and marking Q : 1 kg sachets
                  See OJ No C 114, 29. 4. 1991 , p. 4. (I.B.2, I.B.3 and LA.2.1 )
                  Markings in English
                  Supplementary markings : 'UNRWA'
            11 . Method of mobilization : Community market
                  The skimmed-milk powder must be manufactured and the vitamins added 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 die recipient : —
            15. Port of landing : Ashdod
            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 : 8 — 21 . 3. 1993
            18. Deadline for the suply : 11 . 4. 1993
            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 8. 2.
                  1993
            21 . A. In the case of a second invitation to tender :
                      (a) deadline for the submission of tenders : 12 noon (Brussels time) on 22. 2. 1993
                      (b) period for making the goods available at the port of shipment in case of award of tender at port of
                          shipment stage : 22. 3 — 4. 4. 1993
                      (c) deadline for the supply : 25. 4. 1993
                  B. In the case of a third invitation to tender :
                      (a) deadline for the submission of tenders : 12 noon (Brussels time) on 8. 3. 1993
                      (b) period for making the goods available at the port of shipment in case of award of tender at port of
                          shipment stage : 5 — 18. 4. 1993
                      (c) deadline for the supply : 9. 5. 1993
            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 1 aide alimentaire, à
                  l'attention de Monsieur T. Vestergaard, bâtiment Loi 120, bureau 7/46, rue de la Loi, 200, B-1049 Brux­
                  elles (telex 22037 / 25670 AGREC B ; telefax : (32 2) 296 20 05 / 295 01 32 / 296 10 97 / 295 01 30 /
                  296 33 04)
            25. Refund payable on application by the successful tenderer (4) : Refund applicable 20. 1 . 1993, fixed
                  by Commission Regulation (EEC) No 3843/92 (OJ No L 390, 29. 12. 1992, p. 5)
 ---pagebreak--- No L 15/ 10                               Official Journal of the European Communities                                           23 . 1 . 93
             Notes :
            (') The operation number should be mentioned in all correspondence.
            (*) 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 (OJ No L 210, 1 . 8. 1987, p. 56), as last amended by Regulation
                (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 agricultural exchange rate can be fixed in andvance, in application of Articles 8 to 12 of Commission
                Regulation (EEC) No 3819/92 (OJ No L 387 31 . 12. 1992, p. 17).
            (*) Commission delegation to be contacted by the succerssful tenderer : see OJ No C 1 14, 29. 4. 1991 , p. 33.
            (s) The successful tenderer shall supply to the beneficiary or its representative, on delivery, the following
                documents :
                — health certificate,
                — certificate of origin.
                Lots A and B : The successful tenderer shall transmit to the recipient's representative on delivery of the
                consignment a veterinary certificate in French issued by an official body certifying that the milk is fit for
                consumption and is from BSE-free animals.
                Lot C : 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 90 days prior to
                the processing.
           f) Consignment to be stowed in 20-foot containers not more than 17 tonnes each, net, nor more than 50
                containers being shipped per week on any vessel.
                The contracted shipping terms shall beconsidered full liner terms (liner in / liner out) free Ashdod /
                container yard and are understood to cover 1 5 days — Saturdays, Sundays and official public and religious
                holidays excluded — free of container detention charges at the port of discharge taken from the day/time
                of the arrival of the vessel. The 15 days free of container detention charges should be clearly marked on
                the bill of lading. Bona fide detention charges levied in respect of container detention(s) in excess of the
                said 15 days as detailed above will be borne by UNRWA. UNRWA shall not pay/not be charged any
                container deposit fees.
                After take over of the goods at the delivery stage, the recipient will bear all costs of shifting the containers
                for destuffing outside the port area and of returning them to the container yard.
           (8) Notwithstanding Articles 7 (3) (f) and 13 (2) of Regulation (EEC) No 2200/87, the price tendered must
                include all costs up to the time when the goods clear the ship's rail.