CELEX: 31997R1941
Language: en
Date: 1997-10-03 00:00:00
Title: COMMISSION REGULATION (EC) No 1941/97 of 3 October 1997 on the supply of milk products as food aid

L 272/36            I EN I             Official Journal of the European Communities                                 4 . 10 . 97
                                    COMMISSION REGULATION (EC) No 1941 /97
                                                        of 3 October 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
                                                                   For lot A, notwithstanding Article 7 (3) (d) of Regulation
allocated milk powder to certain beneficiaries;
                                                                   (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, 3 October 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--- 4 . 10 . 97           EN                   Official Journal of the European Communities                             L 272/37
                                                                   ANNEX
                                                                    LOT A
              1 . Operation No '): 24/97 (Al ); 25/ 97 (A2); 26/97 (A3); 11197 (A4)
              2. Programme: 1997
              3. Recipient (2): WFP (World Food Programme), via Cristoforo Colombo 426, 1-00145 Roma (tel .: (39 6)
                  65 13 29 88 ; fax : 65 13 28 44/3 ; telex : 62 66 75 WFP I)
              4. Representative of the recipient: to be designated by the recipient
              5 . Place or country of destination : Al : Zambia; A2: Bolivia; A3 : Guatemala; A4: Malawi
              6. Product to be mobilized: vitaminized skimmed-milk powder
              7. Characteristics and quality of the goods (-1) ('): see OJ C 114, 29. 4. 1991 , p. 1 (I.B (1 ))
              8 . Total quantity (tonnes): 1 000
              9. Number of lots: one in four parts (Al : 37 tonnes; A2: 254 tonnes; A3: 669 tonnes; A4: 40 tonnes)
            10. Packaging and marking (h): 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: A1+A4: English; A2 + A3: Spanish
            11 . Method of mobilization: The manufacture of the skimmed-milk powder, and the incorporation of
                  vitamins , must be carried out after the award of the tender
            1 2. Stage of supply: free at port of shipment (7)
            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: 17. 11 — 7 . 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: 20 . 10. 1997 ( 12 noon (Brussels
                  time))
            21 . In the case of a second invitation to tender:
                  (a) deadline for the submission of tenders: 3. 11 . 1997 ( 12 noon (Brussels time))
                  (b) period for making the goods available at the port of shipment: 1 — 21 . 12. 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: 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. 9. 1997,
                  fixed by Commission Regulation (EC) No 1678/97 (OJ L 238 , 29. 8 . 1997, p. 3)
 ---pagebreak--- L 272/38          EN                 Official Journal of the European Communities                                           4. 10 . 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.
         (') 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 .
         (") Notwithstanding OJ C 114, point I. B (3) (c) is replaced by the following: 'the words "European Com­
             munity"'.
         fl 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.