CELEX: 31991R3813
Language: en
Date: 1991-12-20 00:00:00
Title: Commission Regulation (EEC) No 3813/91 of 20 December 1991 on the supply of various lots of skimmed-milk powder as food aid

28 . 12. 91                            Official Journal of the European Communities                          No L 357/65
                                  COMMISSION REGULATION (EEC) No 3813/91
                                                   of 20 December 1991
                       on the supply of various lots of skimmed-milk powder as food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      food aid (4), as amended by Regulation (EEC) No
                                                                 790/91 (*) ; whereas it is necessary to specify the time
Having regard to the Treaty establishing the European             limits and conditions of supply and the procedure to be
Economic Community,                                               followed to determine the resultant costs,
Having regard to Council Regulation (EEC) No 3972/86
of 22 December 1986 on food-aid policy and food-aid
management (l), as last amended by Regulation (EEC) No            HAS ADOPTED THIS REGULATION :
1930/90 (2), and in particular Article 6 (1 ) (c) thereof,
                                                                                            Article 1
Whereas Council Regulation (EEC) No 1420/87 of 21
May 1987 laying down implementing rules for Regulation           Milk products shall be mobilized in the Community, as
(EEC) No 3972/86 on food-aid policy and food-aid                  Community food aid, for supply to the recipients listed in
management (3) lays down the list of countries and organ­         the Annex in accordance with Regulation (EEC) No
izations eligible for food-aid operations and specifies the       2200/87 and under the conditions set out in the Annex.
general criteria on the transport of food aid beyond the          Supplies shall be awarded by the tendering procedure.
fob stage ;
                                                                 The successful tenderer is deemed to have noted and
Whereas following the taking of a number of decisions on          accepted all the general and specific conditions appli­
the allocation of food aid the Commission has allocated
                                                                  cable. Any other condition or reservation included in his
to certain beneficiary organizations 2 181 tonnes of skim­        tender is deemed unwritten .
med-milk powder ;
Whereas it is necessary to provide for the carrying-out of                                  Article 2
this measure in accordance with the rules laid down by
Commission Regulation (EEC) No 2200/87 of 8 July                  This Regulation shall enter into force on the day
 1987 laying down general rules for the mobilization in           following its publication in the Official Journal of the
the Community of products to be supplied as Community             European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                  Done at Brussels, 20 December 1991 .
                                                                            For the Commission
                                                                             Ray MAC SHARRY
                                                                        Member of the Commission
 (') OJ No L 370, 30. 12. 1986, p. 1 .
 (2) OJ No L 174, 7. 7. 1990, p. 6.                                (4) OJ No L 204, 25 . 7. 1987, p. 1 .
 0 OJ No L 136, 26. 5. 1987, p. 1 .                                0 OJ No L 81 , 28 . 3. 1991 , p. 108 .
 ---pagebreak--- No L 357/66                             Official Journal of the European Communities                                      28 . 12. 91
                                                              ANNEX
                                                      LOTS A, B, C, D and E
             1 . Operation Nos (') : 1479/90, 954 to 957/91
            2. Programme : 1990 (291 tonnes) + 1991 (1 890 tonnes)
            3. Recipient : Peoples Republic of China
            4. Representative of the recipient (3) (9) : Ministry of Agriculture, Dairy Development Project Office, 11
                 Nong Zhan Guan, Nanli, Beijing 100026, People's Republic of China (Telex 22233 MAGR CN)
            5. Place or country of destination : People's Republic of China
            6. Product to be mobilized : skimmed-milk powder
             7. Characteristics and quality of the goods (2) (6) :
                 (See OJ No C 114, 29. 4. 1991 , p. 1-3, IAl )
             8. Total quantity : 2181 tonnes
             9. Number of lots : 5 (see 10)
           10. Packaging and marking : 25 kgf)(8)
                 (OJ No C 114, 29. 4. 1991 , p. 3, IA3)
                 Markings in English
                 Supplementary markings on the packaging :
                 1479/90 :          'EEC DAIRY DEVELOPMENT PROJECT / 4. SHIPMENT / 14 CITIES / FOR
                                    RECOMBINATION'
                 945/91 to          'EEC DAIRY DEVELOPMENT PROJECT / 1992 UTILIZATION PROGRAMME /
                 957/91 :           6 CITIES / FOR RECOMBINATION'
           1 1 . Method of mobilization : Community market
                 The skimmed-milk powder must be manufactured after the award of the tender
           12. Stage of supply : free at destination (10)
           13. Port of shipment : —
           14. Port of landing specified by the recipient : —
           1 5. Port of landing : —
           16. Address of the warehouse and, if appropriate, port of landing :(10)
           17. Period for making the goods available at the port of shipment where the supply is awarded at
                  the port of shipment stage : from 15 — 29. 2. 1992
           18. Deadline for the supply :
                  Operation No 1479/90, No 954/91 and No 955/91 : 15. 4. 1992
                  Operation No 956/91 , and No 957/91 : 25. 4. 1992
           19. Procedure for determining the costs of supply : invitation to tender
           20. In the case of an invitation to tender, date of expiry of the period allowed for submission of
                  tenders (4) : 12 noon, 13. 1 . 1992
           21 . A. In the case of a second invitation to tender :
                     (a) deadline for the submission of tenders : 12 noon, 27. 1 . 1992
                     (b) period for making the goods available at the port of shipment where the supply is awarded at the
                         port of shipment stage : 1 — 15. 3. 1992
                     (c) deadline for the supply :
                         Operation No 1479/90, No 954/91 and No 955/91 : 30. 4. 1992
                         Operation No 956/91 and No 957/91 : 9. 5. 1992
 ---pagebreak--- 28 . 12. 91                             Official Journal of the European Communities                                   No L 357/67
                B. In the case of a third invitation to tender :
                    (a) deadline for the submission of tenders : 12 noon, 10. 2. 1992
                    (b) period for making the goods available at the port of shipment where the supply is awarded at the
                         port of shipment stage : 15 — 31 . 3. 1992
                     (c) deadline for the supply :
                         Operation No 1479/90, No 954/91 and No 955/91 : 15. 5. 1992
                         Operation No 956/91 and No 957/91 : 23. 5. 1992
            22. Amount of the tendering security : ECU 20 per tonne
            23. Amount of the delivery security : 10% of the amount of the tender in ecus
            24. Address for submission of tenders :
                Bureau de l'aide alimentaire,
                a 1 attention de Monsieur N. Arend,
                batiment Loi 120, bureau 7/46,
                Rue de la Loi, 200
                B-1049 Brussels
                (telex AGREC 22037 B or 25670 B)
            25. Refund payable on application by the successful tenderer 0 : Refund applicable 15. 11 . 1991 , fixed
                by Commission Regulation (EEC) No 3328/91 (OJ No L 314 of 15. 11 . 1991 , p. 23)
 ---pagebreak--- No L 357/68                               Official Journal of the European Communities                                          28 . 12. 91
           Notes :
           (') The operation number is to be quoted in all correspondence.
           (2) 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.
                Radioactivity analysis must indicate caesium - 134 and - 137 levels.
           (3) Commission delegate to be contacted by the succesful tenderer : EEC Delegation, Ta Yuan Diplomatic
                Offices Building, Apartment No 2-6-1 , Liang Ma He Nan Lu 14, Beijing ; tel. 532 44 43, telex 222690
                ECDEL CN, telefax 532 43 42.
           (4) In order not to overload the telex, tenderers are requested to provide, before the date and time laid down
                in point 20 of this Annex, evidence that the tendering security referred to in Article 7 (4) (a) of Regula­
                tion (EEC) No 2200/87 has been lodged, preferably :
                — by porter at the office referred to in point 24 of this Annex, or
                — by telecopier on one of the following numbers in Brussels :
                     — 235 01 32,
                     — 236 10 97,
                     — 235 01 30,
                     — 236 20 05,
                     — 236 33 04.
           Is) Commission Regulation (EEC) No 2330/87 (OJ No L 210, 1 . 8. 1987, p. 56) is applicable as regards the
                export refund and where appropriate, the monetary and accession compensatory amounts, the representa­
                tive rate and the monetary coefficient. The date referred to in Article 2 of the abovementioned Regula­
              J tion is that referred to in point 25 of this Annex.
            (6) The successful tenderer shall give the beneficiaires' representative, at the time of delivery, a certificate of
                origin.
            0 The bags must be placed in 20-foot containers.
                The free holding period for containers must be at least 15 days.
            (8) New, dry and intact packaging of a net content of 25 kilograms made up as follows : (combination of
                requirements in I (b) and (c) of Annex II to Commission Regulation (EEC) No 625/78 (OJ No L 84, 31 .
                3. 1978, p. 19)):
                — one kraft paper bag of a strength of at least 70 g/m2,
                — one kraft paper bag with a polyethylene lining, of a strength of at least 80 + 15 g/m2,
                — three kraft bags of a strength of at least 70 g/m2,
                 — one polythylene inner bag at least 0,12 mm thick, welded or double bond.
            (') The successful tenderer must nominate a representative at the port of landing. He must so inform the
                 undertaking responsible for checks referred to in Article 10 of Regulation (EEC) No 2200/87 and the
                 China National Import and Export Inspection Corporation (CCIC), cable CHINSPECT, telex 210076
                 SACI CN .
                 CCIC may be designated as representative by the successful tenderer.
           H
                    Operation      Quantities        Port of
                                                                              Destination / Address of the warehouse
                       No          (in tonnes)       landing
                 A - 1479/90          291           Shanghai      The Warehouse of the Dairy Development Project, No
                 B -    954/91        485                          780 Beizhai Road, Beixinjing
                 C -    955/91        368 (a)
                 D - 956/91           486           Xingang        Refrigeration Plant, Dairy Company,              Xingfudao
                 E - 957/91           551 (b)       (Tianjin)      Jiaokou, Hongxing Road, Hebei District
                 (a) in two parts : CI — 184 tonnes ; C2 — 184 tonnes ;
                 (b) in two parts : El — 367 tonnes ; E2 — 184 tonnes.