CELEX: 31997R1557
Language: en
Date: 1997-08-01 00:00:00
Title: COMMISSION REGULATION (EC) No 1557/97 of 1 August 1997 on the supply of milk products as food aid

2. 8 . 97          I EN I              Official Journal of the European Communities                            No L 208 / 11
                                      COMMISSION REGULATION (EC) No 1557/97
                                                         of 1 August 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
 products to be supplied as Community food aid (2), as             applicable . Any other condition or reservation included in
                                                                   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, 1 August 1997.
                                                                            For the Commission
                                                                                Franz FISCHLER
                                                                         Member of the Commission
(') OJ No L 166, 5. 7. 1996, p. 1 .
I1) OJ No L 204, 25. 7. 1987, p. 1 .
 1 OJ No L 81 , 28 . 3. 1991 , p. 108 .
 ---pagebreak--- No L 208 / 12            EN               Official Journal of the European Communities                                      2 . 8 . 97
                                                                   ANNEX
                                                                   LOT A
               1 . Operation Nos ('): 370/96 (Al ); 371 /96 (A2); 372/96 (A3)
              2. Programme : 1996
              3. Recipient (2): Euronaid, PO Box 12, NL-2501 CA Den Haag (tel .: (31-70) 330 57 57; fax: 364 17 01 ; telex:
                    30960 EURON NL)
              4. Representative of the recipient: to be designated by the recipient
              5. Place or country of destination : Al : Angola; A2: Madagascar; A3: Bangladesh
              6. Product to be mobilized: vitaminized skimmed-milk powder
             7. Characteristics and quality of the goods (3)( s): see OJ No C 114, 29. 4. 1991 , p. 1 (I.B (1 ))
             8 . Total quantity (tonnes): 105
             9. Number of lots: one in three parts (Al : 15 tonnes; A2: 15 tonnes; A3: 75 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 : Portuguese; A2: French ; A3: English
                    Supplementary markings: ' Expiry date . . .' (A3)
            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: 8 to 28 . 9 . 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: 18 . 8 . 1997 ( 12 noon (Brussels
                   time))
           21 . In the case of a second invitation to tender:
                  (a) deadline for the submission of tenders: 1 . 9. 1997 ( 12 noon (Brussels time))
                  (b) period for making the goods available at the port of shipment: 22. 9 to 12. 10 . 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 23. 7. 1997,
                  fixed by Commission Regulation (EC) No 1171 /97 (OJ No L 169, 27. 6. 1997, p. 28)
 ---pagebreak--- 2. 8 . 97          PENI                  Official Journal of the European Communities                                       No L 208 / 13
            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.
          (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.
          Q Notwithstanding OJ No C 114, point I. A.3 (c) is replaced by the following: 'the words " European
               Community"'.
          (8) 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.