CELEX: 31996R2239
Language: en
Date: 1996-11-22
Title: COMMISSION REGULATION (EC) No 2239/96 of 22 November 1996 on the supply of milk products as food aid

No L 299/ 18       PENH               Official Journal of the European Communities                                23 . 11 . 96
                                     COMMISSION REGULATION (EC) No 2239/96
                                                      of 22 November 1996
                                       on the supply of milk products as food aid
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       the possibility for tenderers to indicate two ports of
  Having regard to the Treaty establishing the European            loading, where necessary not belonging to the same port
                                                                  area,
  Community,
  Having regard to Council Regulation (EC) No 1292/96 of
 27 June 1996 on food-aid policy and food-aid                     HAS ADOPTED THIS REGULATION :
 management and special operations in support of food
 security ('), and in particular Article 24 ( 1 ) (b) thereof,
                                                                                           Article 1
 Whereas the abovementioned Regulation lays down the
 list of countries and organizations eligible for food-aid        Milk products shall be mobilized in the Community, as
 operations and specifies the general criteria on the             Community food aid for supply to the recipient listed in
 transport of food aid beyond the fob stage;                      the Annex, in accordance with Regulation (EEC) No
                                                                  2200/ 87 and under the conditions set out in the Annex.
 Whereas, following the taking of a number of decisions           Supplies shall be awarded by the tendering procedure .
 on the allocation of food aid, the Commission has
 allocated milk powder to certain beneficiaries;                  For lot A, notwithstanding Article 7 (3) (d) of Regulation
 Whereas it is necessary to make these supplies in                (EEC) No 2200/87, the tender may indicate two ports of
 accordance with the rules laid down by Commission                shipment not necessarily belonging to the same port area.
 Regulation (EEC) No 2200/87 of 8 July 1987 laying down           The successful tenderer is deemed to have noted and
 general rules for the mobilization in the Community of           accepted all the general and specific conditions
 products to be supplied as Community food aid (2), as            applicable . Any other condition or reservation included in
 amended by Regulation (EEC) No 790/91 (3); whereas it is         his tender is deemed unwritten .
 necessary to specify the time limits and conditions of
 supply and the procedure to be followed to determine the
 resultant costs;                                                                          Article 2
Whereas, for a given lot, given the small quantities to be        This Regulation shall enter into force on the day
 supplied, the packaging methods and the large number of          following its publication in the Official Journal of the
 destinations of the supplies, provision should be made for       European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 22 November 1996 .
                                                                            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 .
h) OJ No L 81 , 28. 3. 1991 , p. 108.
 ---pagebreak--- 23. 11 . 96           | ENl                Official Journal of the European Communities                                     No L 299/ 19
                                                                ANNEX
                                                                 LOT A
               1 . Operation No(>): 1180/95 (Al ); 1181 /95 (A2)
               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: Al : Haiti; A2: Madagascar
              6. Product to be mobilized: vitaminized skimmed-milk powder
              7. Characteristics and quality of the goods (3) (6): see OJ No C 1 14, 29. 4. 1991 , p. 1 (under I.B ( 1 ))
              8 . Total quantity (tonnes): 210
              9. Number of lots: 1 in 2 parts (Al : 165 tonnes; A2: 45 tonnes)
             10 . Packaging and marking Q (s): see OJ No C 1 14, 29. 4. 1991 , p. 1 (under I.B (2), \A (2) (3) and I.B (3))
                   Language to be used for the marking: French
             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 shipment (10)
             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: 6 to 26. 1 . 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: 1 2 noon (Brussels time) on 9. 1 2.
                   1996
            21 . In the case of a second invitation to tender:
                  (a) deadline for the submission of tenders: 12 noon (Brussels time) on 23. 12. 1996
                  (b) period for making the goods available at the port of shipment: 20 . 1 . to 9. 2. 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, Attn . Mr. T. Vestergaard
                  Batiment Loi 130 , bureau 7/46
                  rue de la Loi/W etstraat 200 , B-1049 Brussels
                  (Telex: 2 56 70 AGREC B; fax: (32 2) 296 70 03/296 70 04)
            25. Refund payable on application by the successful tenderer (4): Refund applicable on 18 . 11 . 1996,
                  fixed by Commission Regulation (EC) No 2038/96 (OJ No L 272, 25. 10 . 1996, p. 12)
 ---pagebreak--- No L 299/20          [ ENI                Official Journal of the European Communities                                   23 . 11 . 96
                                                                 LOT B
             1 . Operation No ('): 1876/94
             2. Programme: 1994
            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, BP 4405 Nouakchott (tel. (222) 25 63 27; telefax 25 61 76;
                  telex 5729 MTN)
            5. Place or country of destination (5): Mauritania
            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. ( 1 ))
            8 . Total quantity (tonnes): 60
            9 . Number of lots: 1
           10 . Packaging and marking f): see OJ No C 1 14, 29. 4. 1991 , p. 1 (I.C. (2), IA. (2) (3) and I.C. (3))
                 Language to be used for the marking: French
          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 landing — landed
          13. Port of shipment: —
          14. Port of landing specified by the recipient: —
          15. Port of landing : Nouakchott
          16. Address of the warehouse and, if appropriate, port of landing: —
          1 7. Period for making the goods available at the port of shipment where the supply is awarded at
                 the port of shipment stage: 6 to 19. 1 . 1997
          18 . Deadline for the supply: 9 . 2. 1997
          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) 9 . 12.
                 1996
         21 . In the case of a second invitation to tender:
                (a) deadline for the submission of tenders: 12 noon (Brussels time) 23 . 12. 1996
                (b) period for making the goods available at the port of shipment where the supply is awarded at the
                      port of shipment stage: 20. 1 . to 2. 2. 1997
                (c) deadline for the supply: 23. 2. 1997
         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, Attn .
                Mr T. Vestergaard, Bâtiment Loi 130, bureau 7/46, rue de la Loi/Wetstraat 200, B-1049, Brussels, telex
                25670 AGREC B; fax (32-2) 296 70 03 / 296 70 04
         25. Refund payable on application by the successful tenderer (4): refund applicable on 18 . 11 . 1996,
                fixed by Commission Regulation (EC) No 2038/96 (OJ No L 272, 25. 10 . 1996, p. 12)
 ---pagebreak--- 23 . 11 . 96              EN                  Official Journal of the European Communities                                      No L 299 /21
               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 114, 29. 4. 1991 , p. 33.
               (6) The successful tenderer shall supply to the beneficiary or its representative, on delivery, the following
                     documents :
                    — health certificate,
                    — lots A: 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 12
                         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 1 14, 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: Scheuer Assurantie, Postbus 1315,
                    NL-1000 BH Amsterdam .
             (10) Notwithstanding Article 7 (3) (d) of Regulation (EEC) No 2200/87, the tender may indicate two ports of
                    shipment not necessarily belonging to the same port area.