CELEX: 31997R0746
Language: en
Date: 1997-04-25 00:00:00
Title: COMMISSION REGULATION (EC) No 746/97 of 25 April 1997 on the supply of milk products as food aid

No L 110 / 16       FEN                Official Journal of the European Communities                                  26 . 4 . 97
                                      COMMISSION REGULATION (EC) No 746/97
                                                         of 25 April 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
                                                                    loading, where necessary not belonging to the same port
 Having regard to the Treaty establishing the European              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
                                                                    (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
 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 (■'); 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                                     Article 2
resultant costs ;
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, 25 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 .
P OJ No L 81 , 28 . 3. 1991 , p. 108 .
 ---pagebreak--- 26. 4. 97           IEN                  Official Journal of the European Communities                             No L 110 / 17
                                                                ANNEX
                                                                 LOT A
             1 . Operation No ('): 203/ 96 (Al ); 204/96 (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 : Peru; A2: Angola
            6. Product to be mobilized : vitaminized skimmed-milk powder
            7. Characteristics and quality of the goods (3)(5): see OJ No C 114, 29 . 4. 1991 , p. 1 (I.B.(l ))
            8 . Total quantity (tonnes): 195
            9. Number of lots: 1 in 2 parts (Al : 180 tonnes; A2: 15 tonnes)
           10 . Packaging and marking Q (8): 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: Al : Spanish; A2: Portuguese
           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: 9. — 29. 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 12. 5.
                  1997
          21 . In the case of a second invitation to tender:
                 (a) deadline for the submission of tenders: 12 noon (Brussels time) on 26. 5. 1997
                 (b) period for making the goods available at the port of shipment: 23 . 6. — 13 . 7. 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
                Telex : 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 16. 4. 1997,
                 fixed by Commission Regulation (EC) No 558/97 (OJ No L 85, 27. 3 . 1997, p. 22)
 ---pagebreak--- No L 110 / 18         EN                  Official Journal of the European Communities                                          26 . 4 . 97
             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 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) 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.
            (*) 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.
            (^ Notwithstanding OJ No C 114, point I. A.3 (c) is replaced by the following: 'the words " European
                 Community"'.
            (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.