CELEX: 31991R3811
Language: en
Date: 1991-12-20 00:00:00
Title: Commission Regulation (EEC) No 3811/91 of 20 December 1991 on the supply of various lots of butteroil as food aid

28 . 12. 91                              Official Journal of the European Communities                            No L 357/57
                                     COMMISSION REGULATION (EEC) No 3811/91
                                                      of 20 December 1991
                                  on the supply of various lots of butteroil 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               submission of tenders ; whereas, in order to avoid republi­
Economic Community,                                                 cation of the notice of invitation to tender, a third dead­
Having regard to Council Regulation (EEC) No 3972/86                line 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 Regula­
                                                                                             Article 1
tion (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 Annex in accordance with Regulation (EEC)
                                                                    No 2200/ 87 and under the conditions set out in the
Whereas following the taking of a number of decisions on            Annex. Supplies shall be awarded by the tendering proce­
the allocation of food aid the Commission has allocated             dure.
to certain countries and beneficiary organizations 727
tonnes of butteroil ;                                               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 this
 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 cost :                          European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 20 December 1991 .
                                                                              For the Commission
                                                                               Ray MAC SHARRY
                                                                          Member of the Commission
 (')  OJ No L 370, 30. 12. 1986, p. 1 .
 (2)  OJ No L  174, 7. 7. 1990, p. 6.
  0   OJ No L  136, 26. 5. 1987, p. 1 .
  (<) OJ No L 204, 25. 7. 1987, p. 1 .
  0   OJ No L 81 , 28. 3. 1991 , p. 108.
 ---pagebreak--- No L 357/ 58                             Official Journal of the European Communities                                       28 . 12. 91
                                                               ANNEX
                                                         LOTS A, B and C
              1 . Operation Nos : 1478/90, 952/91 and 953/91
             2. Programme : 1990 (97 tonnes); 1991 (630 tonnes)
             3. Recipient : People s Republic of China
             4. Representative of the recipient Q (8) : Ministry of Agriculture, Daii-y Development Project Office, 1 1
                  Nong Zhan Guan, Nanli, Beijng 100026, People's Republic of China (telex 22233 MAGR CN)
              5. Place or country of destination : People's Republic of China
              6. Product to be mobilized : Butteroil
              7. Characteristics and quality of the goods (2) (3) (6) :
                  (See OJ No C 114, 29. 4. 1991 , p. 6 (I.E.1 ))
              8 . Total quantity : 727 tonnes
              9. Number of lots (n) : 3
            10. Packaging and marking (') (l0) : 200 kg
                  OJ No C 114, 29. 4. 1991 , p. 7 (I.E.2.1 .)
                  Markings in English
                  Supplementary markings on the packaging :
                   1478/90         'EEC DAIRY DEVELOPMENT PROJECT / 4. SHIPMENT / 14 CITIES / FOR
                                   RECOMBINATION'
                    952/91         'EEC DAIRY DEVELOPMENT PROJECT / 1992 UTILIZATION PROGRAMME / 6
                    953/91         CITIES / FOR RECOMBINATION'
            1 1 . Method of mobilization : Community market
            1 2. Stage of supply (n) : free at destination
            13. Port of shipment :
            14. Port of landing specified by the recipient :
            1 5. Port of landing :
            16. Address of the warehouse and, if appropriate, port of landing (u) :
            17. Period for making the goods available at the port of shipment where the supply is awarded at
                  the port of shipment stage : from 15 — 29. 2. 1992
            18 . Deadline for the supply :
                   Operation No 1478/90 and No 952/91 : 15. 4. 1992
                   Operation No 953/91 : 25. 4. 1992
            19. Procedure for determining the costs of supply : invitation to tender
            20. In the case of an invitation to tender, date of expiry of the period allowed for submission of
                   tenders (4) : 12 noon on 13 January 1992
            21 . A. In the case of a second invitation to tender :
                      (a) deadline for the submission of tenders : 12 noon on 27 January 1992 ;
                      (b) period for making the goods available at the port of shipment where the supply is awarded at the
                          port of shipment stage : 1 — 15. 3. 1992
                      (c) deadline for the supply :
                   Operation No 1478/90 and No 952/91 : 30. 4. 1992
                   Operation No 953/91 : 9. 5. 1992
                   B. In the case of a third invitation to tender :
                      (a) deadline for the submission of tenders : 12 noon, 10. 2. 1992 ;
                      (b) period for making the goods available at the port of shipmen t where the supply is awarded at the
                          port of shipment stage : : 15 — 31 . 3. 1992
                      (c) deadline for the supply :
                   Operation No 1478/90 and No 952/91 : 15. 5. 1992
                   Operation No 953/91 : 23. 5. 1992
 ---pagebreak--- 28 . 12. 91                          Official Journal of the European Communities                                  No L 357/59
            22. Amount of the tendering security : ECU 20 per tonne
            23. Amount of the delivery security : 10 % of the tender in ecus
            24. Address for submission of tenders : Bureau de l'aide alimentaire, à 1 attention de Monsieur N. Arend,
                Bâtiment Loi 120, bureau 7/46, rue de la Loi, 200, B-1049 Brussels (telex : AGREC 22037 B or 25670
                AGREC B)
            25. Refund payable on application by the successful tenderer ^ : Refund applicable 15. 11 . 1991 , fixed
                by Regulation (EEC) No 3328/91 (OJ No L 314, 15. 11 . 1991 , p. 23).
 ---pagebreak--- No L 357/60                               Official Journal of the European Communities                                          28 . 12. 91
          Notes :
           (') The operation number is to be quoted in all correspondence.
           (2) 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.
           (3) Radioactivity analysis must indicate caesium- 134 and - 137 levels.
           (4) In order to overload the telex, tenderers are requested to provide, before the date and time laid down in
                point 20 of this Annex, evidence that the tendering security referred to in Article 7 (4) (a) of Regulation
                (EEC) No 2200/87 has been lodged, preferably :
                — either by porter at the office referred to in point 24 of Annex,
                — or by telecopier on one of the following numbers in Brussels :
                     — 235 01 32,
                     — 236 10 97,
                     — 235 01 30,
                     — 236 20 05 .
                     — 236 33 04.
            (*) Commission Regulation (EEC) No 2330/87 (OJ No L 210, 1 . 8. 1987, p. 56) is applicable as regards the
                export refund and, where appropriate, the monetary and accession compensatory amounts, the represen­
                tative rate and the monetary coefficient. The date referred to in Article 2 of the abovementioned Regula­
                tion is that referred to in point 25 of this Annex.
            (6) The successful tenderer shall give the beneficiaries' representative, at the time of delivery, a certificate of
                origin.
            Q Commission delegate to be contacted by the successful tenderer : EEC] Delegation, Ta Yuan Diplomatic
                Offices Building, Apartment No 2-6-1 , Liang Ma He Nan Lu 14, Beijing ; tel. 532 44 43, telex 222690
                 ECDEL CN, telefax 532 43 42.
            (8) The successful tenderer must nominate a representative at the port of landing. He must so inform the
                 undertaking responsible for checks referred to in Article 10 of Regulation (EEC) No 2200/87 and the
                 China National Import and Export Inspection Corporation (CCIC), cable CHINSPECT, telex 210076
                 SACI CN .
            (9) In 20-foot containers.
                The free holding period for containers must be at least 15 days.
           (10) In new bunged metal drums, coated inside with food-can varnish or having been subject to a procedure
                 giving equivalent guarantees, of 190 to 200 kilograms (to be indicated in the tender) net weight, fully
                 filled and hermetically sealed in an atmosphere of nitrogen. The drums should be strong enough to with­
                 stand a long sea journey. Their composition must not be such as to be harmful to human health or to
                 cause a change in the colour, taste or odour of their contents. Each drum must be fully leakproof.
           (")
                     Operation     Quantities        Port of
                                                                              Destination / Address of the warehouse
                        No         (in tonnes)       landing
                 A - 1478 /90           97          Shanghai      The Warehouse of the Dairy Development Project, No
                 B - 952/91           283 (a)                     780 Beizhai Road, Beixinjing
                 C - 953/91           347(b)        Xingang        Refrigeration Plant, Dairy Company,             Xingfudao,
                                                    (Tianjin)     Jiaokou, Hongxing Road, Hebei District
                 (a) Three parts : B1 — 161 tonnes ; B 2 — 61 tonnes ; B 3 — 61 tonnes
                 (b) Three parts : CI — 164 tonnes ; C2 — 122 tonnes ; C 3 — 61 tonnes.