CELEX: 31982R3136
Language: en
Date: 1982-11-23 00:00:00
Title: Commission Regulation (EEC) No 3136/82 of 23 November 1982 on the delivery of various consignments of skimmed milk as food aid

29 . 11 . 82                                 Official Journal of the European Communities                           No L 334 / 11
                                           COMMISSION REGULATION (EEC) No 3136/82
                                                          of 23 November 1982
                          on the delivery of various consignments of skimmed-milk powder as food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                             skimmed-milk powder and butteroil as food aid (5), as
                                                                        last amended by Regulation (EEC) No 3474/80 ( 6);
                                                                        whereas, in particular, the periods and terms for delivery
                                                                        and the procedure to be followed by the intervention
                                                                        agencies to establish the costs arising therefrom should
Having regard to the Treaty establishing the European                   be laid down;
Economic Community,
                                                                         Whereas Articles 2 (2) of Regulations (EEC)
Having regard to Council Regulation (EEC) No 804/68                      No 1399/81 and (EEC) No 1037/82 specify that,
of 27 June 1968 on the common organization of the                       provided the normal development of prices on the
market in milk and milk products ( 1 ), as last amended                  market is not disturbed, the supply of skimmed-milk
by Regulation (EEC) No 1183 /82 (2), and in particular                  powder as food aid shall be ensured by the buying in of
Article 7 (5 ) thereof,                                                 skimmed-milk powder on the Community market if the
                                                                        quantities available from public stocks are insufficient
                                                                        to meet the required amount or if they do not have the
                                                                        characteristics necessary for their particular destination ;
                                                                        whereas skimmed-milk powder should now be bought
Having       regard      to     Council      Regulation     (EEC)       on the open market to secure the necessary supplies, the
No 1399/81 of 19 May 1981 laying down general rules
                                                                        condition in respect of quality being fulfilled and the
for the supply of skimmed-milk powder to certain                        quantities involved not being so large is to disturb the
developing countries and specialized bodies under the                   normal development of prices on the market;
1981 food-aid programme (3 ), and in particular
Article 6 thereof,
                                                                        Whereas the measures provided for in this Regulation
                                                                        are in accordance with the opinion of the Management
Having regard to Council Regulation (EEC)                               Committee for Milk and Milk Products,
No 1037/82 of 26 April 1982 laying down general rules
for the supply of skimmed-milk powder to certain
developing countries and specialized bodies under the
1982 food-aid programme (4), and in particular                          HAS ADOPTED THIS REGULATION:
Article 6 thereof,
                                                                                                    Article 1
Whereas, under the food-aid programmes adopted by
the Council Regulations specified in the Annex, certain                 In accordance with the provisions of Regulation (EEC)
third countries and beneficiary organizations have                      No 303 /77, the intervention agencies specified in the
requested the delivery of the quantities of skimmed-milk                Annex shall deliver skimmed-milk powder as food aid
powder set out therein;                                                 on the special terms set out therein.
 Whereas, therefore, delivery should be effected in
 accordance with the rules laid down in Commission                                                  Article 2
 Regulation (EEC) No 303 /77 of 14 February 1977
 laying down general rules for the supply of                            This Regulation shall enter into force on the third day
                                                                        following its publication in the Official Journal of the
                                                                        European Communities.
H   OJ No L    148, 28 . 6. 1968 , p. 13 .
(2) OJ No L    140, 20. 5 . 1982, p. 1 .
(3) OJ No L    141 , 27. 5 . 1981 , p. 1 .                              (s) OJ No L 43 , 15 . 2 . 1977, p. 1 .
(4) OJ No L    120, 1 . 5 . 1982, p. 1 .                                (6) OJ No L 363 , 31 . 12 . 1980, p . 50.
 ---pagebreak--- No L 334 / 12                     Official Journal of the European Communities                             29 . 11 . 82
            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 23 November 1982 .
                                                                                 For the Commission
                                                                                    Poul DALSAGER
                                                                             Member of the Commission
 ---pagebreak--- 29 . 11 . 82                             Official Journal of the European Communities                                No L 334 / 13
                  Consignment                                                          A
       \
  1.  Application of Council Regu­
      lations :
      ( a ) legal basis                                              ( EEC ) No 1037 / 82 ( 1982 programme )
      ( b ) affectation                                                        ( EEC ) No 1038 / 82
  2.  Beneficiary
  3.  Country of destination                 j-                                        Ghana
  4.  Total quantity of the con­                                                  2 000 tonnes ( 5 )
      signment
  5.  Intervention agency responsible                                                 German
      for delivery
  6.  Origin of the skimmed-milk                                                 Intervention stock
      powder ( 2 )
  7.  Special characteristics and / or                          Entry into intervention stock after 1 April 1982
      packaging ( 3 )
  8.   Markings on the packaging                 'Skimmed-milk powder / Gift of the European Economic Community to Ghana'
  9.   Delivery period                                   Delivery as soon as possible and at the latest 31 January 1983
 10 .  Stage and place of delivery              Community port of loading operating a regular service with the recipient country ( 6 )
 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 13 December 1982
       submission of tenders
 ---pagebreak--- No L 334 / 14                          Official Journal of the European Communities                                         29 . 11 . 82
                 Consignment                                   B                                                 C
 1.  Application of Council Regu­
     lations :
     ( a ) legal basis                                              (EEC ) No 1037 / 82 ( 1982 programme )
     ( b ) affectation                                                          ( EEC ) No 1038 / 82
 2.  Beneficiary                                                  International Committee of the Red Cross
 3.  Country of destination                                                           Ethiopia
 4.  Total quantity of the con­                            70 tonnes                                           70 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                                                    (' )
     packaging ( 3 )
 8.  Markings on the packaging               A red cross 10 x 10 cm and, in letters at least 1 cm high , the following inscriptions:
                                                          ΈΤΗ 39 /'                                           ΈΤΗ 38 /'
                                           'Skimmed-milk powder , enriched with vitamins A and D / Gift of the European Economic
                                           Community / Action of the International Committee of Red Cross Societies / For free
                                                                              distribution / Ethiopia'
 9.   Delivery period                                   Loading as soon as possible and at the latest 15 December 1982
10 .  Stage and place of delivery          Port of unloading Massawa ( deposited on            Port of unloading Assab ( deposited on the
                                                    the quay or on lighters )                             quay or on lighters )
11 . Representative of the beneficiary                    ICRC Delegation , PO Box 5701 , Addis Ababa , Ethiopia ( 8 )
     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--- 29 . 11 . 82                             Official Journal of the European Communities                                    No L 334 / 15
                  Consignment                                     D                                                E
  1.  Application of Council Regu­
      lations :
      ( a ) legal basis                                                ( EEC ) No 1037 / 82 ( 1982 programme )
      ( b ) affectation                                                           ( EEC ) No 1038 / 82
  2.  Beneficiary                                                              World Food Programme
  3.  Country of destination                                   Ghana                                             Malawi
  4.  Total quantity of the con­                              95 tonnes                                         258 tonnes
      signment
  5.  Intervention agency responsible                                                     French
      for delivery
  6.  Origin of the skimmed-milk                                                    Intervention stock
      powder ( 2 )
  7.  Special characteristics and / or                             Entry into intervention stock after 1 April 1982
      packaging ( 3 )
  8.   Markings on the packaging             'Ghana 2258 / Exp / Dried skimmed                   'Malawi 2194 / Exp / Dried skimmed
                                                   milk , non-enriched / Tema /'                     milk , non-enriched / Nacala /'
                                              'Gift of the European Economic Community / Action of the World Food Programme'
  9.   Delivery period                                                         Delivery in February 1983
 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 13 December 1982
       submission of tenders
 ---pagebreak--- No L 334 / 16                             Official Journal of the European Communities                                         29 . 11 . 82
                  Consignment                                       F                                               G
  1.  Application of Council Regu­
      lations :
      (a ) legal basis                         ( EEC ) No 1037 / 82 ( 1982 programme)            (EEC ) No 1399 / 81 ( 1981 programme )
      ( b ) affectation                                   ( E£C ) No 1038 / 82                              (EEC ) No 1400 / 81
  2.  Beneficiary                            International Committee of the Red Cross
  3.  Country of destination                                       Chile
                                                                                                ^j-             Bangladesh
  4.  Total quantity of the con­                                100 tonnes                                       500 tonnes
      signment
  5.  Intervention agency responsible                    Will result from application of the procedure referred to in point 12
      for delivery
  6.   Origin of the skimmed-milk                                          Bought on the Community market
      powder ( 2 )
  7.   Special characteristics and / or                                                    (7 )
       packaging ( 3 )
  8.   Markings on the packaging                 A red cross 10 x 10 cm and , in letters at east 1 cm high , the following inscriptions :
                                              'CHI-2 / Leche en polvo con vitaminas /            'Skimmed-milk powder, enriched with
                                              Donación de la Comunidad económica                 vitamins A and D / Gift of the European
                                              europea / Acción del Comité internació­              Economic Community to Bangladesh'
                                              nal de la Cruz-Roja / Destinado a la
                                                          distribución gratuita'
  9.   Delivery period                                  Loading in January 1983                  Loading as soon as possible and at the
                                                                                                          latest 31 January 1983
 10 .   Stage and place of delivery            Port of unloading Valparaiso (deposited           Port of unloading Chittagong (deposited
                                                       on the quay or on lighters)                      on the quay or on lighters )
 11 .   Representative of the beneficiary      Cruz-Roja chilena , avenida Santa Maria           Rural Development and Cooperatives
       responsible for reception ( 4 )             0150 , Correo 21 , Casilla 246-V ,            Division , Ministry of Local Government ,
                                                             Santiago de Chile                   Government of the People's Republic of
                                                                                                 Bangladesh , Eden Buildings , Bangladesh
                                                                                                      Secretariat , Dacca , Bangladesh
 12 .   Procedure to be applied to                                                       Tender
        determine the costs of supply
 13 .   Expiry of the time limit for                                          12 noon on 13 December 1982
        submission of tenders
 ---pagebreak--- 29 . 11 . 82                             Official Journal of the European Communities                                No L 334 / 17
                  Consignment                                                             H
  1.  Application of Council Regu­
      lations :
      ( a ) legal basis                                               ( EEC ) No 1037 / 82 ( 1982 programme )
      ( b ) affectation                                                           ( EEC ) No 1038 / 82
  2.  Beneficiary                                                                         NGO
  3.  Country of destination                                                              Zaire
  4.  Total quantity of the con­                                                       100 tonnes
      signment
  5.  Intervention agency responsible                                                     British
      for delivery
  6.   Origin of the skimmed-milk                                        Bought on the Community market
      powder ( 2 )
  7.  Special characteristics and / or                                                      H
      packaging ( 3 )
  8.   Markings on the packaging             'Lait écrémé en poudre, enrichi en vitamines A et D / Don de la Communauté économique
                                             européenne / Pour distribution gratuite au Zaïre / Don non-commercialisable /
                                                            Coopération BEDH-BOPR / 82101 / Kinshasa via Matadi'
  9.   Delivery period                                   Loading as soon as possible and at the latest 31 December 1982
 10 .  Stage and place of delivery               Community port of loading operating a regular service with the recipient country
 11 .  Representative of the beneficiary     EURONAID , van Alkemadelaan 1 , NL-2597 AA Den Haag ( telex 34278 CEMEC NL ;
       responsible for reception (4 )                                       tel . 070 / 241744 , 244594 (')
 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 334 / 18                             Official Journal of the European Communities                                    29 . 11 . 82
            Notes:'
             (*) This Annex, together with the notice published in Official Journal of the European Communities
                  No C 95 of 19 April 1977, page 7, 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.
             (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' series 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) Each offer may cover only a part-quantity of 500 tonnes as specified in the complementary tender
                  indicating the storage locations of the product published together with this Regulation in the 'C'
                  series of the Official Journal of the European Communities.
             (6) Delivery fob shall be deemed to have taken place and the risks shall pass from the successful
                  tenderer to the recipient at the moment when the products have actually been lifted across the rails
                  of the vessel at the port of shipment designated for delivery.
             (7) The vitamin A content of the skimmed-milk powder must be at least 5 000 international units per
                  100 grams, the vitamin D content of the skimmed-milk powder must be at least 500 international
                  units 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 manufacture of the
                  vitaminized skimmed-milk powder should be at the most one month before the date of delivery of
                  the control certificate as mentioned in Article 8 ( 1 ) of Regulation ( EEC) No 303 /77 .
              (8) The successful tenderer shall send a copy of the dispatch documents to:
                  EEC Commission Delegate,
                  PO Box 5570,
                  Addis Ababa, Ethiopia
                  (telex DELEGEUR 21135 )
              (9) The successful tenderer shall send to:
                  Messrs M. H. Schutz BV,
                  Insurance Brokers,
                  Blaak 16,
                  NL-3011 TA Rotterdam,
                  on delivery, a copy of the commercial invoice in respect of each part-quantity.
                   The successful tenderer shall send the beneficiaries' agents, on delivery, a certificate of origin.
                   The successful tenderer shall send the beneficiaries' agents, on delivery, a health certificate.