CELEX: 31997R2222
Language: en
Date: 1997-11-07
Title: COMMISSION REGULATION (EC) No 2222/97 of 7 November 1997 on the supply of milk products as food aid

8 . 11 . 97        I EN I             Official Journal of the European Communities                                 L 305/21
                                    COMMISSION REGULATION (EC) No 2222/97
                                                       of 7 November 1997
                                       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              Milk products shall be mobilized in the Community, as
 list of countries and organizations eligible for food-aid        Community food aid for supply to the recipient listed in
 operations and specifies the general criteria on the             the Annex, in accordance with Regulation (EEC) No
 transport of food aid beyond the fob stage;                      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
                                                                  (EEC) No 2200/87, the tender may indicate two ports of
 Whereas it is necessary to make these supplies in                shipment not necessarily belonging to the same port area.
 accordance with the rules laid down by Commission
                                                                  The successful tenderer is deemed to have noted and
 Regulation (EEC) No 2200/ 87 of 8 July 1987 laying down
 general rules for the mobilization in the Community of           accepted all the general and specific conditions
                                                                  applicable . Any other condition or reservation included in
 products to be supplied as Community food aid (2), as            his tender is deemed unwritten .
 amended by Regulation (EEC) No 790/91 (3); whereas it is
 necessary to specify the time limits and conditions of
 supply and the procedure to be followed to determine the                                  Article 2
 resultant costs;
                                                                  This Regulation shall enter into force on the day
 Whereas, for a given lot, given 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, 7 November 1997 .
                                                                           For the Commission
                                                                               Franz FISCHLER
                                                                        Member of the Commission
(') OJ L 166, 5. 7. 1996, p. 1 .
(2) OJ L 204, 25. 7. 1987, p. 1 .
H OJ L 81 , 28 . 3. 1991 , p. 108 .
 ---pagebreak--- L 305/22           I EN I               Official Journal of the European Communities                               8 . 11 . 97
                                                               ANNEX
                                                                LOT A
            1 . Operation Nos ('): 456/96 (Al ); 457/96 (A2)
            2. Programme: 1996
           3. Recipient (2): Euronaid, PO Box 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: to be designated by the recipient
           5. Place or country of destination : Al : Sudan; A2: Ecuador
           6. Product to be mobilized: vitaminized skimmed-milk powder
           7. Characteristics and quality of the goods Of5): see OJ No C 114, 29. 4. 1991 , p. 1 (I.B.(1 ))
           8 . Total quantity (tonnes): 120
           9. Number of lots: 1 in 2 parts (Al : 15 tonnes; A2: 105 tonnes)
          10. Packaging and marking Q (8): see OJ C 267, 13. 9. 1996, p. 1 (6.3(A) and B.2)
                 see OJ C 114, 29. 4. 1991 , p. 1 (I.B.(3))
                 Language to be used for the marking: Al : English; A2: Spanish
                 Supplementary markings: ' Expiry date . . .' (Al )
          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 (6)
         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: 8 to 28 . 12. 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: 24. 11 . 1997 ( 12 noon (Brussels
                time))
         21 . In the case of a second invitation to tender:
                a) deadline for the submission of tenders: 8 . 12. 1997 ( 12 noon (Brussels time))
                b) period for making the goods available at the port of shipment: 22. 12. 1997 to 11 . 1 . 1998
                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
                Bâtiment Loi 130 , bureau 7/46
                Rue de la Loi/Wetstraat 200, B - 1 049 Bruxelles/Brussel
                tlx: 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 3. 11 . 1997,
                fixed by Commission Regulation (EC) No 2142/97 (OJ L 297, 31 . 10 . 1997, p. 81 )
 ---pagebreak--- 8 . 11 . 97           EN                  Official Journal of the European Communities                                          L 305/23
             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.
            (-1) 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 L 210, 1 . 8 . 1987, p. 56), as last amended by Regulation
                 (EEC) No 2226/89 (OJ 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 L 108 , 1 . 5. 1993, p. 106), as last amended by
                 Regulation (EC) No 1482/96 (OJ L 188, 27. 7. 1996, p. 22), shall not apply to this amount.
            ( 5) The successful tenderer shall supply to the beneficiary or its representative, on delivery, the following
                 documents :
                 — health certificate issued by an official entity stating that the product was processed under excellent
                     sanitary conditions which are supervised by qualified technical personnel. The 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 ,
                 — veterinary certificate issued by an official entity stating 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.
            (6) 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.
            0 Notwithstanding OJ C 114, point I.A.3 (c) is replaced by the following: 'the words "European Com­
                 munity"'.
            f) 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 supplier has to submit to the recipient's agent a complete packing list of each container, specifying
                 the number of bags belonging to each operation number as specified in the invitation to tender.
                 The supplier has to seal each container with a numbered locktainer (Sysko locktainer 180 seal), the
                 number of which is to be provided to the beneficiary's forwarder.