CELEX: 31997R0604
Language: en
Date: 1997-04-04
Title: COMMISSION REGULATION (EC) No 604/97 of 4 April 1997 on the supply of milk products as food aid

No L 91 / 6          EN                   Official Journal of the European Communities                                  5 . 4 . 97
                                          COMMISSION REGULATION (EC) No 604/97
                                                           of 4 April 1997
                                           on the supply of milk products as food aid
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          supply and the procedure to be followed to determine the
                                                                      resultant costs,
  Having regard to the Treaty establishing the European
  Community,
  Having regard to Council Regulation (EC) No 1292/96 of              HAS ADOPTED THIS REGULATION :
 27 June 1996 on food-aid policy and food-aid
 management and special operations in support of food                                          Article 1
 security ('), and in particular Article 24 ( 1 ) (b) thereof,
                                                                      Milk products shall be mobilized in the Community, as
 Whereas the abovementioned Regulation lays down the                  Community food aid for supply to the recipient listed in
 list of countries and organizations eligible for food-aid            the Annex, in accordance with Regulation (EEC) No
 operations and specifies the general criteria on the                 2200 / 87 and under the conditions set out in the Annex .
 transport of food aid beyond the fob stage;                          Supplies shall be awarded by the tendering procedure .
 Whereas, following the taking of a number of decisions               The successful tenderer is deemed to have noted and
 on the allocation of food aid , the Commission has
 allocated milk powder to certain beneficiaries;                      accepted all the general and specific conditions
                                                                      applicable . Any other condition or reservation included in
 Whereas it is necessary to make these supplies in                    his tender is deemed unwritten .
 accordance with the rules laid down by Commission
 Regulation (EEC) No 2200/ 87 of 8 July 1987 laying down                                       Article 2
 general rules for the mobilization in the Community of
 products to be supplied as Community food aid (2), as                This Regulation shall enter into force on the day
 amended by Regulation (EEC) No 790/91 (3); whereas it is             following its publication in the Official Journal of the
 necessary to specify the time limits and conditions of               European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                   Done at Brussels, 4 April 1997.
                                                                                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 .
 1 OJ No L 81 , 28 . 3 . 1991 , p . 108 .
 ---pagebreak--- 5 . 4 . 97               EN                  Official Journal of the European Communities                             No L 91 /7
                                                                   ANNEX
                                                                     LOT A
               1 . Operation No ('): 158 / 96 (Al ); 159/96 (A2)
               2. Programme : 1996
              3. Recipient (2): Euronaid, Postbus 12, NL-2501 CA Den Haag, Nederland (tel.: (3170)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: Uganda
              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. 1 (I .B.(l ))
              8 . Total quantity (tonnes): 375
              9 . Number of lots: 1 in 2 parts (Al : 315 tonnes ; A2: 60 tonnes)
             10 . Packaging and marking (5) (7): see OJ No C 267, 13 . 9. 1996, p. 1 (6.3 A and B.2)
                    see OJ No C 114, 29 . 4. 1991 , p. 1 (I . B.(3))
                    Language to be used for the marking: English
                   Supplementary markings : ' Expiry date . . .'
            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
            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: 19 . 5 . — 8 . 6. 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: 12 noon (Brussels time) on 21 . 4.
                   1997
           21 . In the case of a second invitation to tender:
                  (a) deadline for the submission of tenders: 12 noon (Brussels time) on 5. 5. 1997
                  (b) period for making the goods available at the port of shipment: 2. — 22. 6. 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 / wetstraat 200 , B-1049 Brussels
                  tlx : 2 56 70 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 26. 3. 1997,
                  fixed by Commission Regulation (EC) No 354/97 (OJ No L 59, 28 . 2. 1997, p. 12)
 ---pagebreak--- No L 91 / 8              EN                 Official Journal of the European Communities                                 5 . 4 . 97
                                                                   LOT B
               1 . Operation No ('): 156/96
               2. Programme: 1 996
               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: to be designated by the recipient
               5 . Place or country of destination : Cuba
              6 . Product to be mobilized: whole milk powder
              7. Characteristics and quality of the goods f) ( h ): see OJ No C 114, 29. 4. 1991 , p. 1 (I.C. ( 1 ))
              8 . Total quantity: 60 tonnes
              9 . Number of lots : 1
             10 . Packaging and marking ( s) (7): see OJ No C 267, 13 . 9 . 1996, p. 1 (6.3 A and B.2)
                    see OJ No C 114, 29 . 4. 1991 , p. 1 ( I.C. (3))
                    Language to be used for the marking: Spanish
             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 shipment
             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: 12. 5. — 1 . 6. 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: 12 noon (Brussels time) on 21 . 4.
                    1997
            21 . In the case of a second invitation to tender:
                   (a) deadline for the submission of tenders: 12 noon (Brussels time) on 5. 5. 1997
                   (b) period for making the goods available at the port of shipment: 26. 5. — 15. 6. 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, à
                   l'attention de Monsieur 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 (exclusively)
            25. Refund payable on application by the successful tenderer (4): refund applicable on 26. 3. 1997,
                  fixed by Commission Regulation (EC) No 354/97 (OJ No L 59, 28 . 2. 1997, p. 12)
 ---pagebreak--- 5 . 4 . 97            ENl                  Official Journal of the European Communities                                        No L 91 /9
             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.
           ( s) 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 shipping number as specified in the invitation to tender.
                The supplier has to seal each container with a numbered locktainer (Sysko locktainer 180 seal), number of
                which to be provided to the beneficiary's forwarder.
           (fi) The successful tenderer shall supply to the beneficiary or its representative, on delivery, the following
                documents :
                — health certificate,
                — veterinary certificate issued by an official entity stating that the product was processed with pasteur­
                    ized 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 regis­
                    tered 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 .
           0 Notwithstanding OJ No C 114, point I. A.3 (c) is replaced by the following: 'the words " European
                Community"'.