CELEX: 31982R0931
Language: en
Date: 1982-04-21
Title: Commission Regulation (EEC) No 931/82 of 21 April 1982 on the delivery of various consignments of skimmed-milk powder as food aidB

26 . 4 . 82                                  Official Journal of the European Communities                              No L 112 / 1
                                                                     I
                                                 (Acts whose publication is obligatory)
                                         COMMISSION REGULATION ( EEC ) No 931 / 82
                                                            of 21 April 1982
                       on the delivery of various consignments of skimmed-milk powder as food aid
THE COMMISSION OF THE EUROPEAN                                          Whereas , therefore , delivery should be effected in
COMMUNITIES ,                                                           accordance with the rules laid down in Commission
                                                                        Regulation ( EEC ) No 303 / 77 of 14 February 1977
                                                                        laying down general rules for the supply of
                                                                        skimmed-milk powder and butteroil as food aid ( 4 ), as
Having regard to the Treaty establishing the European                   last amended by Regulation ( EEC ) No 3474 / 80 ( 5 );
Economic Community ,                                                    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 be laid down ;
Having regard to Council Regulation (EEC ) No 804 / 68
of 27 June 1968 on the common organization of the
market in milk and milk products ( J ), as last amended
by the Act of Accession of Greece , and in particular                   Whereas Articles 2 ( 2 ) of Regulations ( EEC )
Article 7 ( 5 ) thereof,                                                No 1310 / 80 and ( EEC ) No 1399 / 81 specify that,
                                                                        provided the normal development of prices on the
                                                                        market is not disturbed , the supply of skimmed-milk
                                                                        powder as food aid shall be ensured by the buying in of
Having regard to Council Regulation (EEC )                              skimmed-milk powder on the Community market if the
No 1310 / 80 of 28 May 1980 laying down general rules                   quantities available from public stocks are insufficient
for the supply of skimmed-milk powder to certain                        to meet the required amount or if they do not have the
developing countries and specialized bodies under the                   characteristics necessary for their particular destination ;
1980 food-aid programme ( 2 ), and in particular                        whereas skimmed-milk powder should now be bought
Article 6 thereof,                                                       on the open market to secure the necessary supplies , the
                                                                         condition in respect of quality being fulfilled and the
                                                                         quantities involved not being so large as to disturb the
                                                                         normal development of prices on the market ;
Having regard to Council Regulation (EEC )
No 1399 / 81 of 19 May 1981 laying down general rules
for the supply of skimmed-milk powder to certain
developing countries and specialized bodies under the                   Whereas the size of the food- aid programme calls for a
 1981     food-aid programme ( 3 ), and in particular                    discontinuous series of deliveries and the time normally
Article 6 thereof,                                                       needed to carry out a delivery is several months ;
                                                                         whereas the Commission will probably have cause
                                                                         during the 1981 / 82 milk year to fix maximum amounts
                                                                         for deliveries due to be made during the 1982 / 83 milk
Whereas , under the food-aid programmes adopted by                       year ;
the Council Regulations specified in the Annex , certain
recipient third countries and agencies have requested
delivery of the quantity of skimmed-milk powder set out
therein ;                                                                Whereas , given the foregoing and the close link between
                                                                         the market price of butter and skimmed-milk powder on
0 ) OJ No L 148 , 28 . 6 . 1968 , p . 13 .
( 2 ) OJ No L 134 , 31 . 5 . 1980 , p . 10 .                             ( 4 ) OJ No L 43 , 15 . 2 . 1977 , p . 1 .
( 3 ) OJ No L 141 , 27 . 5 . 1981 , p . 1 .                              ( 5 ) OJ No L 363 , 31 . 12 . 1980 , p . 50 .
 ---pagebreak--- No L 112 / 2                            Official Journal of the European Communities                                26 . 4 . 82
the one hand and the intervention prices for these                 HAS ADOPTED THIS REGULATION :
products on the other, it is likely that potential supplies
will hold back until the Council's decisions on common
                                                                                           Article 1
agricultural prices and agri-monetary measures are
known ; whereas past experience has shown that , in
such a situation of uncertainty , several potential                In accordance with the provisions of Regulation ( EEC )
suppliers prefer not to submit tenders or submit them              No 303 / 77 , the intervention agencies listed in the
on the basis of inaccurate or differing forecasts , hence          Annex shall arrange for the delivery of skimmed-milk
taking the risk that their tender will either not be               powder as food aid on the terms specified therein .
accepted or involve them in serious losses leading them
to withdraw later from a transaction in which they have            In the case of supplies of skimmed-milk powder bought
been named as successful tenderer or contracting party             on the Community market for which the delivery date
                                                                   referred to in item 9 of the Annex falls after the end of
by mutual agreement ; whereas , in order to encourage
tenders and to ensure that they are not based on                   the 1981 / 82 milk year , the sum paid on tenders
hypothetical considerations making them impossible to              resulting from application of the procedure referred to
                                                                   in item 12 of the Annex shall be increased at the time of
assess objectively , it is necessary to allow for an increase
at the time of payment in the price of successful tenders          payment by the increment in the intervention price , as
for deliveries to be made during the 1982 / 83 milk year ,         expressed in the currency of the Member State in which
the increase being based on the change in the                      the tender was submitted , arising from the Council's
intervention price ; expressed in national currency , as           decisions on common agricultural prices and
decided by the Council for the 1982 / 83 milk year ;               agri-monetary measures for the 1982 / 83 milk year .
                                                                                            Article 2
Whereas the measures provided for in this Regulation               This Regulation shall enter into force on the third day
are in accordance with the opinion of the Management               following its publication in the Official Journal of the
Committee for Milk and Milk Products ,                             European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels , 21 April 1982 .
                                                                                      For the Commission
                                                                                         Poul DALSAGER
                                                                                  Member of the Commission
 ---pagebreak--- 26 . 4 . 82                             Official Journal of the European Communities                                          No L 112 / 3
                                                             ANNEX (')
                  Consignment                                   A                                                    B
 1 . Application of Council Regu­
      lations :
      ( a ) legal basis                                              ( EEC ) No 1310 / 80 ( 1980 programme)
      ( b ) affectation                                                ( EEC ) No 1311 / 80 (general reserve )
 2 . Beneficiary                                                               Catholic Relief Services
 3 . Country of destination                                                          El Salvador
 4 . Total quantity of the con­                             200 tonnes                                             200 tonnes
      signment
 5 . Intervention agency responsible                                               United Kingdom
      for delivery
 6 . Origin of the skimmed-milk             Bought on the Community market limited to the following countries and regions: United
      powder ( 6 )                                                         Kingdom (Northern Ireland )
 7 . Special characteristics and / or                                                See note ( 5 )
      packaging ( 2 )
  8 . Markings on the packaging             'Leche desnatada en polvo con vitaminas A y D / Donación de la Comunidad económica
                                            europea / Acción de Catholic Relief Services / Destinado a la distribución gratuita en
                                                                              El Salvador / Cathwell '
                                                                                     followed by
                                                       ' 80101 / Acajutla'                                    ' 80103 / Acajutla'
  9 . Delivery period                       Delivery as soon as possible and at the                       Delivery in May 1982
                                                      latest 30 April 1982
10 . Stage and place of delivery               Community port of loading operating a regular service with the recipient country
1 1 . Representative of the beneficiary     CEBEMO , Van Alkemadelaan 1 , NL-2597 AA Den Haag ( telex 34278 CEMEC NL ,
       responsible for reception ( 3 )                                      tel . 241744 / 244594 ) ( 7 )( 8 )
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 112 / 4                            Official Journal of the European Communities                                     26 . 4 . 82
                  Consignment                                                        C
  1 . Application of Council Regu­
      lations :
      ( a ) legal basis                                            ( EEC ) No 1399 / 81 ( 1981 programme )
      ( b ) affectation                                              ( EEC ) No 1400 / 81 ( general reserve )
 2 . Beneficiary
 3 . Country of destination
                                           }                                         India
 4 . Total quantity of the con­                                                  3 000 tonnes
      signment
  5 . Intervention agency responsible                                               German
      for delivery
  6 . Origin of the skimmed-milk                                              Intervention stocks
      powder ( 6 )
  7 . Special characteristics and / or                      Entry into intervention stock after 1 September 1981
      packaging ( 2 )
  8 . Markings on the packaging             'Skimmed-milk powder / Supplied to the Indian Dairy Corporation under the food-aid
                                                       programme of the European Economic Community / Bombay'
  9 . Delivery period                                    Loading as soon as possible and at the latest 15 May 1982
10 . Stage and place of delivery              Community port of loading operating a regular service with the recipient country ( 4 )
1 1 . Representative of the beneficiary                                                —
      responsible for reception ( 3 )
12 . Procedure to be applied to                                                Mutual agreement
      determine the costs of supply
13 . Expiry of the time limit for                                                      —
      submission of tenders
 ---pagebreak--- 26 . 4 . 82                              Official Journal of the European Communities                                 No L 112 / 5
                  Consignment                                                         D
 1.  Application of Council Regu­
     lations :
      ( a ) legal basis                                             ( EEC ) No 1399 / 81 ( 1981 programme )
      ( b ) affectation                                               ( EEC ) No 1400 / 81 ( general reserve )
 2.   Beneficiary
 3.   Country of destination
                                            j                                         India
 4.   Total quantity of the con­                                                  1 500 tonnes
      signment
 5.   Intervention agency responsible                                                German
      for delivery
 6.    Origin of the skimmed-milk                                              Intervention stocks
      powder ( 6 )
 7.    Special characteristics and / or                      Entry into intervention stock after 1 September 1981
      packaging ( 2 )
 8.    Markings on the packaging             'Skimmed-milk powder / Supplied to the Indian Dairy Corporation under the food-aid
                                                        programme of the European Economic Community / Calcutta'
 9.    Delivery period                                    Loading as soon as possible and at the latest 15 May 1982
10 .   Stage and place of delivery             Community port of loading operating a regular service with the recipient country (4 )
11 .   Representative of the beneficiary                                                —
       responsible for reception ( 3 )
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 112 / 6                            Official Journal of the European Communities                                      26 . 4 . 82
                  Consignment                                                        E
 1 . Application of Council Regu­
      lations :
      ( a ) legal basis                                            ( EEC ) No 1399 / 81 ( 1981 programme)
      ( b ) affectation                                              ( EEC ) No 1400 / 81 ( general reserve )
 2 . Beneficiary
 3 . Country of destination
                                            j"                                       Ìndia
 4 . Total quantity of the con­                                                   500 tonnes
      signment
 5 . Intervention agency responsible                                                German
      for delivery
 6 . Origin of the skimmed-milk                                               Intervention stocks
      powder ( 6 )
 7 . Special characteristics and / or                       Entry into intervention stock after 1 September 1981
      packaging ( 2 )
  8 . Markings on the packaging             'Skimmed-milk powder / Supplied to the Indian Dairy Corporation under the food-aid
                                                        programme of the European Economic Community / Madras'
  9 . Delivery period                                     Loading as soon as possible and at the latest 15 May 1982
10 . Stage and place of delivery               Community port of loading operating a regular service with the recipient country ( 4 )
1 1 . Representative of the beneficiary                                                —
       responsible for reception ( 3 )
12 . Procedure to be applied to                                                Mutual agreement
       determine the costs of supply
13 . Expiry of the time limit for                                                      —
       submission of tenders
 ---pagebreak--- 26 . 4 . 82                                Official Journal of the European Communities                                       No L 112 / 7
            Notes
            ( ] ) This Annex , together with the notice published in Official Journal 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. Payment will be effected taking into
                   account the increase provided for in Article 1 of this Regulation .
            (2 ) Other than those set out in the Annex to Regulation ( EEC ) No 625 / 78 ; see Article 6 ( 2 ) of
                   Regulation ( EEC ) No 303 / 77 .
            ( 3 ) 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 .
            ( 4 ) 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 .
            ( 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 skimmed-milk powder must be manufactured
                    within the limit of one month before the date of delivery of the control certificate mentioned in
                    Article 8 ( 1 ) of Regulation ( EEC ) No 303 / 77 .
             ( 6 ) 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 .
             ( 7 ) The successful tenderer shall send the beneficiaries' agents , on delivery , a certificate of origin and a
                    health certificate made out in Spanish .
             ( 8 ) The successful tenderer shall send , on delivery , a copy of the commercial invoice in respect of each
                    part-quantity , to the following address:
                    MM . M. H. Schutz ,
                    Insurance Brokers ,
                    Blaak 16 ,
                    NL-3011 TA Rotterdam .