CELEX: 31983R1120
Language: en
Date: 1983-05-05 00:00:00
Title: Commission Regulation (EEC) No 1120/83 of 5 may 1983 on the delivery of various consignments of skimmed-milk powder as food aid

12 . 5 . 83                                  Official Journal of the European Communities                                No L 125 / 7
                                          COMMISSION REGULATION (EEC) No 1120 / 83
                                                             of 5 May 1983
                         on the delivery of various consignments of skimmed-milk powder as food aid
THE COMMISSION OF THE EUROPEAN                                          agencies to establish the costs arising therefrom should
COMMUNITIES ,                                                           be laid down :
Having regard to the Treaty establishing the European
Economic Community,                                                     Whereas Articles 2 (2) of Regulations (EEC)
                                                                        No 1399 / 81 and (EEC) No 1037 / 82 specify that,
                                                                        provided the normal development of prices on the
Having regard to Council Regulation (EEC) No 804 / 68                   market is not disturbed , the supply of skimmed-milk
of 27 June 1968 on the common organization of the                       powder as food aid shall be ensured by the buying in of
market in milk and milk products (*), as last amended                   skimmed-milk powder on the Community market if the
by Regulation ( EEC) No 1183 / 82 ( 2), and in particular               quantities available from public stocks are insufficient to
Article 7 ( 5 ) thereof,                                                meet the required amount or if they do not have the
                                                                        characteristics necessary for their particular destination ;
                                                                        whereas skimmed-milk powder should now be bought
Having regard to Council Regulation (EEC )                              on the open market to secure the necessary supplies , the
No 1399 / 81 of 19 May 1981 laying down general rules                   condition in respect of quality being fulfilled and the
for the supply of skimmed-milk powder to certain                        quantities involved not being so large as to disturb the
developing countries and specialized bodies under the                   normal development of prices on the market;
 1981 food-aid programme ( 3 ), and in particular Article
6 thereof,
Having regard to Council Regulation (EEC )                              Whereas the size of the food-aid programme calls for a
No 1037 / 82 of 26 April 1982 laying down general                       discontinuous series of deliveries and the time normally
rules for the supply of skimmed-milk powder to certain                  needed to carry out a delivery is several months;
developing countries and specialized bodies under                       whereas the Commission will probably have cause
the 1982 food-aid programme (4), and in particular                      during the 1982 / 83 milk year to fix maximum amounts
Article 6 thereof,                                                      for deliveries due to be made during the 1983 / 84 milk
                                                                        year ;
Whereas, under the food-aid programmes adopted by
the Council Regulations specified in the Annex, certain
recipient third countries and agencies have requested                   Whereas, given the foregoing and the close link between
delivery of the quantity of skimmed-milk powder set out                 the market price of butter and skimmed-milk powder on
therein;                                                                the one hand and the intervention prices for these
                                                                        products on the other, it is likely that potential suppliers
                                                                        will hold back until the Council's decisions on common
Whereas, therefore, delivery should be effected in                      agricultural prices and agri-monetary measures are
accordance with the rules laid down in Commission                       known; whereas past experience has shown that, in
Regulation (EEC) No 303 / 77 of 14 February 1977                        such a situation of uncertainty, several potential
laying down general rules for the supply of                             suppliers prefer not to submit tenders or submit them
skimmed-milk powder and butteroil as food aid ( s ), as                 on the basis of inaccurate or differing forecasts , hence
last amended by Regulation (EEC ) No 3474 / 80 (6 );                    taking the risk that their tender will either not be
whereas in particular the periods and terms for delivery                 accepted or involve them in serious losses leading them
 and the procedure to be followed by the intervention                   to withdraw later from a transaction in which they have
                                                                         been named as successful tenderer or contracting party
                                                                         by mutual agreement; whereas , in order to encourage
                                                                         tenders and to ensure that they are not based on
(»)   OJ No L  148 , 28 . 6 . 1968 , p. 13 .                             theoretical considerations making them impossible to
(2)   OJ No L  140 , 20 . 5 . 1982, p. 1 .
(3)   OJ No L  141 , 27 . 5 . 1981 , p . 1 .                             assess objectively , it is necessary to allow for an increase
(<)   OJ No L  120 , 1 . 5 . 1982, p . 1 .                               at the time of payment in the price of successful tenders
( S ) OJ No L 43 , 15 . 2. 1977, p. 1 .                                  for deliveries to be made during the 1983 / 84 milk year,
(«) OJ No L 363 , 31 . 12. 1980, p. 50                                   the increase being based on the change in the
 ---pagebreak--- No L 125 / 8                       Official Journal of the European Communities                                12 . 5 . 83
intervention price, expressed in national currency , as       referred to in item 9 of the Annex falls after the end of
decided by the Council for the 1983 / 84 milk year;           the 1982/ 83 milk year, the sum paid on tenders
                                                              resulting from application of the procedure referred to
Whereas the measures provided for in this Regulation          in item 12 of the Annex shall be increased at the time of
are in accordance with the opinion of the Management          payment by the increment in the intervention price, as
Committee for Milk and Milk Products,                         expressed in the currency of the Member State in which
                                                              the tender was submitted, arising from the Council's
                                                              decisions on common agricultural prices and
                                                              agri-monetary measures for the 1983 / 84 milk year.
HAS ADOPTED THIS REGULATION :                                 Successful tenderers may avail themselves of this
                                                              provision only from the seventh day of the 1983 / 84
                                                              milk year onwards and only if they furnish evidence that
                        Article 1
                                                              the skimmed-milk powder has been manufactured after
                                                              the new intervention prices have come into effect.
In accordance with the provisions of Regulation (EEC)
No 303 / 77 , the intervention agencies listed in the
Annex shall arrange for the delivery of skimmed-milk                                  Article 2
powder as food aid on the terms specified therein.
                                                              This Regulation shall enter into force on the third day
In case of supplies of skimmed-milk powder bought on          following its publication in the Official Journal of the
the Community market and for which the delivery date          European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 5 May 1983 .
                                                                                 For the Commission
                                                                                   Poul DALSAGER
                                                                             Member of the Commission
 ---pagebreak--- 12 . 5 . 83                             Official Journal of the European Communities                                       No L 125 / 9
                                                             ANNEX (M
                  Consignment                                   A                                                 B
  1 . Application of Council Regu­
      lations :
      ( a ) legal basis                                                ( EEC ) No 1037 / 82 ( 1982 programme )
      ( b ) affectation                                                          ( EEC) No 1038 / 82
  2 . Beneficiary
                                            j               Zimbabwe
                                                                                                                 Licross
  3 . Country of destination                                                                                    Mauritius
  4 . Total quantity of the con­                            500 tonnes                                          25 tonnes
      signment
  5 . Intervention agency responsible                        German                                              British
      for delivery
  6 . Origin of the skimmed-milk                        Intervention stock                        Bought on the Community market
      powder ( 2 )
  7 . Special characteristics and / or         Entry into intervention stock after                                  (5)
      packaging ( 3 )                                  1 February 1983 ( 7 )
  8 . Markings on the packaging             'Skimmed-milk powder / Gift of the                 A red cross 10 x 1 0 cm and, in letters at
                                              European Economic Community to                         least 1 cm high , the following
                                                            Zimbabwe'                                          markings :
                                                                                               'Skimmed-milk powder , enriched with
                                                                                               vitamins A and D / Gift of the European
                                                                                               Economic Community / Action of the
                                                                                               League of Red Cross Societies / For free
                                                                                                distribution in Mauritius / Port Louis'
  9 . Delivery period                                Loading in June 1983                                Loading in June 1983
10 . Stage and place of delivery            Community port of loading operating a              Port of unloading Port Louis ( deposited
                                                regular service with the recipient                     on the quay or on lighters)
                                                            country ( 6 )
1 1 . Representative of the beneficiary     General Manager , Dairy Marketing                  Mauritius Red Cross Society , Ste Therese
      responsible for reception (4 )        Board , 18 , Stanley Avenue , Harare ,                   Street, Curepipe , Mauritius ( 8 )
                                             Zimbabwe ( telex 4420 DMHBOZW )
12 . Procedure to be applied to                               Tender                                        Mutual agreement
      determine the costs or supply
13 . Expiry of the time limit for                         24 May 1983                                               —
      submission of tenders
 ---pagebreak--- No L 125 / 10                           Official Journal of the European Communities                                     12 . 5 . 83
                  Consignment                                                       C
  1 . Application of Council Regu­
      lations :
      ( a) legal basis                                             (EEC) No 1399 / 81 ( 1981 programme)
      ( b ) affectation                                                     (EEC ) No 1400 / 81
  2 . Beneficiary
                                             r                                    Pakistan
  3 . Country of destination                J
  4. Total quantity of the con­                                                  50 tonnes
      signment
  5 . Intervention agency responsible                                              Danish
      for delivery
  6 . Origin of the skimmed-milk                                     Bought on the Community market
      powder ( 2 )
  7 . Special characteristics and / or                                               (s)
      packaging ( 3 )
  8 . Markings on the packaging             'Skimmed-milk powder, enriched with vitamins A and D / Gift of the European Economic
                                                                          Community to Pakistan'
  9 . Delivery period                                    Loading as soon as possible and at the latest 31 May 1983
10. Stage and place of delivery               Community port of loading operating a regular service with the recipient country ( 6 )
1 1 . Representative of the beneficiary                                              —
      responsible for reception (4 )
12. Procedure to be applied to                                               Mutual agreement
      determine the costs of supply
13 . Expiry of the time limit for                                                    —
      submission of tenders
 ---pagebreak--- 12 . 5 . 83                              Official Journal of the European Communities                                    No L 125 / 11
            Notes :
            (') This Annex , together with the notice published in Official Journal No C 95 of 19 April 1977 ,
                  page 7 , takes the place of an invitation to tender from the intervention agencies concerned in cases
                  where , under point 12 , there must be a tendering procedure. Payment will be effected taking into
                  account the possible increase foreseen in Article 1 of this Regulation.
            ( 2 ) In cases where the goods come from intervention stocks , an additional notice stating the warehouses
                  where the product is stored will be published in the 'C' series of the Official Journal of the European
                  Communities.
            ( 3) Other than those set out in the Annex to Regulation (EEC) No 625 / 78 (see Article 6 (2) of
                  Regulation ( EEC ) No 303 / 77 ).
            {*) Only in the case of delivery 'to the port of unloading' and 'free at destination' (see Article 5 and the
                  last indent of Article 13 ( 1 ) of Regulation ( EEC ) No 303 / 77 ).
            (5) The vitamin A content of the skimmed-milk powder must be at least 5 000 international units per
                  100 grams. The vitamin D content of the skimmed-milk powder must be at least 500 international
                  units per 100 grams. The vitamin compound incorporated into the milk must be guaranteed to
                  contain 10 times as much vitamin A as vitamin D. The vitamins incorporated in the milk must be of
                  pharmaceutical quality and produced for human consumption. The date of manufacture of the
                  vitaminized skimmed-milk powder must be clearly marked on the sacks. The manufacture of the
                  vitaminized skimmed-milk powder should be at the most one month before the date of delivery of
                  the control certificate as mentioned in Article 8 ( 1 ) of Regulation ( EEC ) No 303 / 77 .
            ( 6 ) Delivery fob shall be deemed to have taken place and the risks shall pass from the successful
                  tenderer to the recipient at the moment when the products have actually been lifted across the rails
                  of the vessel at the port of shipment designated for delivery .
            ( 7) The product shall be delivered in containers by the tenderer.
            ( 8 ) The bill of lading must contain the following information :
                  'NOTIFY-ADDRESS :
                  1 . Consignee ;
                  2 . Ligue des sociétés de la Croix-Rouge,
                       boîte postale 276 ,
                      CH-1211 Geneve 19
                       (telex 22 555 CH ).'
                  The successful tenderer should send a copy of the dispatch documents to :
                  Mr Burtin ,
                  Ligue des sociétés de la Croix-Rouge ,
                  boîte postale 276 ,
                  CH-1211 Geneve 19 .
                  The successful tenderer should send a copy of the dispatch documents to:
                  Délégation de la Commission des Communautés Européennes,
                  boîte postale 144,
                  Port Louis ,
                  Mauritius .