CELEX: 31982R1100
Language: en
Date: 1982-05-07 00:00:00
Title: Commission Regulation (EEC) No 1100/82 of 7 May 1982 on the delivery of various consignments of skimmed-milk powder as food aid

No L 129 / 12                               Official Journal of the European Communities                                  11 . 5 . 82
                                           COMMISSION REGULATION (EEC) No 1100/82
                                                             of 7 May 1982
                          on the delivery of various consignments of skimmed-milk powder as food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES ,                           prices on the market is not disturbed, the supply of
                                                                       skimmed-milk powder as food aid shall be ensured by
                                                                       the buying in of skimmed-milk powder on the
                                                                       Community market if the quantities available from
Having regard to the Treaty establishing the European                  public stocks are insufficient to meet the required
Economic Community,                                                    amount or if they do not have the characteristics
                                                                       necessary for their particular destination ; whereas
                                                                       skimmed-milk powder should now be bought on the
                                                                       open market to secure the necessary supplies, the
Having regard to Council Regulation (EEC) No 804/68                    condition in respect of quality being fulfilled and the
of 27 June 1968 on the common organization of the                      quantities involved not being so large as to disturb the
market in milk and milk products ( 1), as last amended                 normal development of prices on the market;
by the Act of Accession of Greece, and in particular
Article 7 (5 ) thereof,
                                                                       Whereas the size of the food-aid programme calls for a
                                                                       discontinuous series of deliveries and the time normally
Having regard to Council Regulation (EEC) No 1399/                     needed to carry out a delivery is several months;
81 of 19 May 1981 laying down general rules for the                    whereas the Commission will probably have cause
supply of skimmed-milk powder to certain developing                    during the 1981 /82 milk year to fix maximum amounts
countries and specialized bodies under the 1981                        for deliveries due to be made during the 1982/83 milk
food-aid programme (2), and in particular Article 6                    year ;
thereof,
                                                                       Whereas, given the foregoing and the close link between
Whereas, under the food-aid programmes adopted by                      the market price of butter and skimmed-milk powder
the Council Regulations specified in the Annex, certain                on the one hand and the intervention prices for these
recipient third countries and agencies have requested                  products on the other, it is likely that potential suppliers
delivery of the quantity of skimmed-milk powder set                    will hold back until the Council's decisions on common
out therein;
                                                                       agricultural prices and agri-monetary measures are
                                                                       known; whereas past experience has shown that, in
                                                                       such a situation of uncertainty, several potential
Whereas, therefore, delivery should be effected in                     suppliers prefer not to submit tenders or submit them
accordance with the rules laid down in Commission                      on the basis of inaccurate or differing forecasts, hence
Regulation (EEC) No 303/77 of 14 February 1977                         taking the risk that their tender will either not be
laying down general rules for the supply of                            accepted or involve them in serious losses leading them
skimmed-milk powder and butteroil as food aid (3 ), as                 to withdraw later from a transaction in which they have
last amended by Regulation (EEC) No 3474/80 (4 );                      been named as successful tenderer or contracting party
whereas, in particular, the periods and terms for                      by mutual agreement; whereas, in order to encourage
delivery and the procedure to be followed by the                       tenders and to ensure that they are not based on
intervention agencies to establish the costs arising                   hypothetical considerations making them impossible to
therefrom should be laid down;                                         assess objectively, it is necessary to allow for an increase
                                                                       at the time of payment in the price of successful tenders
                                                                       for deliveries to be made during the 1982/83 milk year,
                                                                       the increase being based on the change in the
Whereas Article 2 (2) of Regulation (EEC) No 1399/81                   intervention price, expressed in national currency, as
specifies that, provided the normal development of                     decided by the Council for the 1982/83 milk year;
(!)  OJ No L  148 , 28 . 6 . 1968 , p. 13 .
(2 ) OJ No L  141 , 27. 5 . 1981 , p. 1 .                              Whereas the measures provided for in this Regulation
(3 ) OJ No L  43 , 15 . 2. 1977, p. 1 .                                are in accordance with the opinion of the Management
(4 ) OJ No L  363 , 31 . 12 . 1980, p. 50.                             Committee for Milk and Milk Products,
 ---pagebreak--- 11 . 5 . 82                          Official Journal of the European Communities                           No L 129 / 13
HAS ADOPTED THIS REGULATION :                                    resulting from application of the procedure referred to
                                                                 in item 12 of the Annex shall be increased at the time of
                                                                 payment by the increment in the intervention price, as
                        Article 1                                expressed in the currency of the Member State in which
                                                                 the tender was submitted, arising from the Council's
In accordance with the provisions of Regulation (EEC)            decisions on common agricultural prices and agri­
No 303 /77, the intervention agencies listed in the              monetary measures for the 1982/83 milk year.
Annex shall arrange for the delivery of skimmed-milk
powder as food aid on the terms specified therein.
                                                                                         Article 2
In the case of supplies of skimmed-milk powder bought
on the Community market for which the delivery date              This Regulation shall enter into force on the third day
referred to in item 9 of the Annex falls after the end of        following its publication in the Official Journal of the
the 1981 /82 milk year, the sum paid on tenders                  European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member States.
              Done at Brussels, 7 May 1982.
                                                                                 For the Commission
                                                                                    Poul DALSAGER
                                                                              Member of the Commission
 ---pagebreak--- No L 129 / 14                           Official Journal of the European Communities                                         11 . 5 . 82
                                                             ANNEX (0
                 Consignment                                     A                                               B
 1.  Application of Council Regu­
     lations :
     ( a ) legal basis                                                ( EEC ) No 1399 / 81 ( 1981 programme )
     ( b ) affectation                                                          ( EEC ) No 1400 / 81
 2.  Beneficiary                                                               World Food Programme
 3.  Country of destination                                   Tunisia                                         Yemen PDR
 4.  Total quantity of the con­                             600 tonnes                                         22 tonnes
     signment
 5.  Intervention agency responsible                                                    German
     for delivery
 6.  Origin of the skimmed-milk                                                  Intervention stocks
     powder ( 2 )
 7.  Special characteristics and / or                          Entry into intervention stock after 1 September 1981
     packaging ( 3 )
 8.  Markings on the packaging              'Tunisie 2518 / Lait écrémé en poudre ,            'Yemen PDR 2265 / Dried skimmed-milk ,
                                            non vitaminé / Tunis / Don de la Com­              non enriched / Aden / Gift of the Euro­
                                            munauté     économique      européenne    /        pean Economic Community / Action of
                                            Action    du    programme       alimentaire              the World Food Programme'
                                                             mondial '
 9.   Delivery period                        Delivery as soon as possible and at the                     Delivery in June 1982
                                                       latest 31 May 1982
10 .  Stage and place of delivery               Community port of loading operating a regular service with the recipient country
11 .  Representative of the beneficiary             /
     responsible for reception ( 4 )
12 .  Procedure to be applied to                                                  Mutual agreement
      determine the costs of supply
13 .  Expiry of the time limit for
      submission of tenders                                               -
 ---pagebreak--- 11.5 . 82                               Official Journal of the European Communities                                    No L 129 / 15
                 Consignment                                    C                                                I)
 1.  Application of Council Regu­
     lations :
     ( a ) legal basis                                               ( EEC ) No 1399 / 81 ( 1981 programme )
     ( b ) affectation                                                         ( EEC ) No 1400 / 81
 2.  Beneficiary                                                                       WFP
 3.  Country of destination                                Yemen AR                                             Jordan
 4.  Total quantity of the con­                             60 tonnes                                         205 tonnes
     signment
 5.  Intervention agency responsible                         British                             Will result from application of the
     for delivery                                                                                 procedure referred to in point 12
 6.   Origin of the skimmed-milk                                        Bought on the Community market
     powder ( 2 )
 7.  Special characteristics and / or                                              See note ( 5
     packaging ( 3 )
 8.   Markings on the packaging             'Yemen AR 723 / Dried skimmed milk ,              'Jordan 2301 / Dried skimmed milk ,
                                            enriched / Hodeidah / Gift of the Euro­           enriched / Aqaba / Gift of the European
                                            pean Economic Community / Action of                Economic Community / Action of the
                                                  the World Food Programme'                           World Food Programme'
 9.   Delivery period                       Delivery as soon as possible and at the                      Delivery July 1982
                                                      latest 31 May 1982
10 .  Stage and place of delivery              Community port of loading operating a regular service with the recipient country
11 .  Representative of the beneficiary
      responsible for reception ( 4 )
12 .  Procedure to be applied to                       Mutual agreement                                         Tender
      determine the costs of supply
13 .  Expiry of the time limit for                              —
                                                                                                      12 noon on 24 May 1982
      submission of tenders
 ---pagebreak--- No L 129 / 16                           Official Journal of the European Communities                                       11 . 5 . 82
                 Consignment                                                           E
 1.  Application of Council Regu­
     lations :
     ( a) legal basis                                                ( EEC ) No 1399 / 81 ( 1981 programme )
     ( b ) affectation                                                         ( EEC ) No 1400 / 81
 2.  Beneficiary                                                                       ICRC
 3.  Country of destination                                                           Angola
 4.  Total quantity of the con­                                                     100 tonnes
     signment
 5.  Intervention agency responsible                                                  Belgian
     for delivery
 6.  Origin of the skimmed-milk                                         Bought on the Community market
     powder ( 2 )
 7.  Special characteristics and / or                                              See note ( 5 )
     packaging ( 3 )
 8.   Markings on the packaging              A red cross 10 cm x 10 cm and , in letters at least 1 cm high , the following markings:
                                            'ANG 53 / Leite desnatado em pó com vitaminas A e D / Dom da Communidade económica
                                            europeia / Acção do Comité internacional da Cruz Vermelha / Distribuição gratuita /
                                                                                      Lobito'
 9.   Delivery period                                      Delivery as soon as possible and at the latest 31 May 1982
10 .  Stage and place of delivery                        Port of unloading Lobito ( deposited on the quay or on lighters)
11 .  Representative of the beneficiary     Delegacao do Comité Internacional da Cruz Vermelha , Caixa Postal 2501 , Luanda ,
      responsible for reception ( 4 )                                               Angola ( 6 )
12 .  Procedure to be applied to                                                 Mutual agreement
      determine the costs of supply
13 .  Expiry of the time limit for                                                       —
      submission of tenders
 ---pagebreak--- 11 . 5 . 82                             Official Journal of the European Communities                                  No L 129 / 17
                  Consignment                                                          F
 1.   Application of Council Regu­
      lations :
      ( a ) legal basis                                             ( EEC ) No 1399 / 81 ( 1981 programme )
      ( b ) affectation                                                       ( EEC ) No 1400 / 81
 2.   Beneficiary                                                                     ICRC
 3.   Country of destination                                                         Uruguay
 4.   Total quantity of the con­                                                    50 tonnes
      signment
 5.   Intervention agency responsible                                                 French
      for delivery
 6.   Origin of the skimmed-milk                                       Bought on the Community market
      powder ( 2 )
 7.   Special characteristics and / or                                             See note ( 5 )
      packaging ( 3 )
 8.   Markings on the packaging              A red cross 10 cm x 10 cm and, in letters at least 1 cm high , the following markings :
                                            'Leche desnatada en polvo con vitaminas A y D / Donación de la Comunidad económica
                                            europea / Acción del Comité internacional de la Cruz Roja / Destinado a la distribución
                                                                                 gratuita URU-9'
 9.  ;Delivery period                                                        Delivery in July 1982
10 .   Stage and place of delivery                    Port of unloading Montevideo (deposited on the quay or on lighters )
11 .  Representative of the beneficiary             Cruz Roja Urugaya , Avenida 8 de Octubre 1990 , Montevideo , Uruguay
      responsible for reception ( 4 )
12 .  Procedure to be applied to                                                Mutual agreement
      determine the costs of supply
13 .  Expiry of the time limit for                                                       —
      submission of tenders
 ---pagebreak--- No L 129 / 18                           Official Journal of the European Communities                                       11 . 5 . 82
                 Consignment                                                           G
 1.  Application of Council Regu­
     lations :
     ( a ) legal basis                                              ( EEC ) No 1399 / 81 ( 1981 programme)
     ( b ) affectation                                                         ( EEC ) No 1400 / 81
 2.  Beneficiary
 3.  Country of destination
                                           j                                       Yemen AR
 4.  Total quantity of the con­                                                     500 tonnes
     signment
 5.  Intervention agency responsible                 Will result from application of the procedure referred to in point 12
     for delivery                                                                                                    N
 6.  Origin of the skimmed-milk                                        Bought on the Community market
     powder ( 2 )
 7.  Special characteristics and / or                                              See note ( 5 )
     packaging ( 3 )
 8.   Markings on the packaging             'Skimmed-milk powder , enriched with vitamins / Gift of the European Economic
                                                     Community to the Arab Republic of Yemen / For free distribution'
 9.   Delivery period                                                         Loading in June 1982
10 .  Stage and place of delivery              Community port of loading operating a regular service with the recipient country
11 .  Representative of the beneficiary                                                  —
     responsible for reception ( 4 )
12 .  Procedure to be applied to                                                       Tender
      determine the costs of supply
13 .  Expiry of the time limit for                                          12 noon on 24 May 1982
      submission of tenders
 ---pagebreak--- 11 . 5 . 82                            Official Journal of the European Communities                                     No L 129 / 19
            Notes:
            (*) This Annex, together with the notice published in Official Journal No C 95 of 19 April 1977, takes
                the place of an invitation to tender from the intervention agencies concerned in cases where, under
                point 12, there must be a tendering procedure. The sum paid shall take into account any increase
                under Article 1 of this Regulation.
            (2) In cases where the goods come from intervention stocks, an additional notice stating the warehouses
                where the product is stored will be published in the 'C' edition of the Official Journal of the
                European Communities.
            (3) Other than those set out in the Annex to Regulation (EEC) No 625/78 ; see Article 6 (2) of
                Regulation (EEC) No 303 /77.
            (4) Only in the case of delivery 'to the port of unloading' and 'free at destination'; see Article 5 and the
                last indent of Article 13 ( 1 ) of Regulation (EEC) No 303/77.
            (5) The vitamin A content of the skimmed-milk powder must be at least 5 000 IU per 100 grams. The
                vitamin D content of the skimmed-milk powder must be at least 500 IU per 100 grams. The vitamin
                compound incorporated into the milk must be guaranteed to contain 10 times as much vitamin A as
                vitamin D. The vitamins incorporated in the milk must be of pharmaceutical quality and produced
                for human consumption. The date of manufacture of the vitaminized skimmed-milk powder must be
                clearly marked on the sacks.
                The vitamin-enriched skimmed-milk powder must be manufactured not more than one month
                before the dare of issue of the control certificate referred to in Article 8 ( 1 ) of Regulation ( EEC )
                No 30 .?
            (6) The bill of lading must contain the following information :
                ' NOTIFY ADDRESS :
                (a ) Consignee;
                (b ) MANUBITO SARL,
                     Avenida Marechal Carmona 79,
                     Lobito, Angola'
                The successful tenderer shall send to the beneficiaries' agents, on delivery, a health certificate and a
                certificate or origin made out in Portuguese