CELEX: 31988R1146
Language: en
Date: 1988-04-28 00:00:00
Title: Commission Regulation (EEC) No 1146/88 of 28 April 1988 on the supply of various lots of butter as food aid

Official Journal of the European Communities                                29 . 4. 88
No L 108 /34
                                 COMMISSION REGULATION (EEC) No 1146/88
                                                      of 28 April 1988
                                on the supply of various lots of butter as food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Commission Regulation (EEC) No 2200/87 of 8 July
                                                                  1987 laying down general rules for the mobilization in
Having regard to the Treaty establishing the European             the Community of products to be supplied as Community
Economic Community,                                               food aid (4) ; whereas it is necessary to specify the time
Having regard to Council Regulation (EEC) No 3972/86              limits and conditions of supply and the procedure to be
of 22 December 1986 on food-aid policy and food-aid               followed to determine the resultant costs,
management ('), as amended by Regulation (EEC) No
3785/87 (2), and in particular Article 6 (1 ) (c) thereof,        HAS ADOPTED THIS REGULATION :
Whereas Council Regulation (EEC) No 1420/87 of 21
May 1987 laying down implementing rules for Regulation                                      Article 1
(EEC) No 3972/86 on food-aid policy and food-aid
management (3) lays down the list of countries and organi­        Milk products shall be mobilized in the Community, as
zations eligible, for food-aid operations and specifies the        Community food aid for supply to the recipients listed in
general criteria on the transport of food aid beyond the           the Annex in accordance with Regulation (EEC) No
fob stage ;                                                        2200/87 and under the conditions set out in the Annex.
                                                                   Supplies shall be awarded by the tendering procedure.
Whereas following the taking of a number of decisions on
the allocation of food aid the Commission has allocated                                     Article 2
to certain countries and beneficiary organizations 7 320
 tonnes of butter ;                                                This Regulation shall enter into force on the day
Whereas it is necessary to provide for the carrying-out of         following its publication in the Official Journal of the
 this measure in accordance with the rules laid down by             European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                   Done at Brussels, 28 April 1988 .
                                                                             For the Commission
                                                                              Frans ANDRIESSEN
                                                                                 Vice-President
  (') OJ No L 370, 30. 12. 1986, p. 1 .
  b) OJ No L 356, 18. 12. 1987, p. 8.                                (<) OJ No L 204, 25. 7. 1987, p. 1 .
  h) OJ No L 136, 26. 5. 1987, p. 1 .
 ---pagebreak--- 29 . 4. 88                              Official Journal of the European Communities                              No L 108 /35
                                                             ANNEX
                                                       LOT A-B-C-D-E-F-G
            1 . Operation Nos (')(10): 213 to 219/88 — Commission Decision of 11 December 1987
                                           i
            2. Programme : 1988
            3. Recipient : India
            4. Representative of the recipient (2) : Indian Embassy, 217, Chaussée de Vleurgat, 1050 Brussels (Mr
                 Banerjee, Counsellor); tel. 64 09 734, telex 22510 INDEM B)
            5. Place or country of destination : India
            5a. Destinee : NDDB, Anand, Gujurat, India
                Dr Narajan Raj, Head (Commodities Movement Division), National Dairy Development Board, Suraj
                Plaza II, Sayajigang, Barocha 390-005, Gujarat ; cable Indary, telex 175 239 IDC IN, tel. 666 35 to
                666 39)
            6.   Product to be mobilized .: butter
            7. Characteristics and quality of the goods (3) Q (*)(')(") : and Official Journal of the European
                 Communities No C 216 of 14 August 1987, page 6, I.2
            8 . Total quantity : 7 320 tonnes
            9.   Number of lots : seven
                — lots A-B-C-E-F : 1 000 tonnes each
                — lot D : 1 300 tonnes
                — lot G : 1 020 tonnes
           10. Packaging and marking : 25 kg in containers (6) and Official Journal of the European Communities
                 No C 216 of 14 August 1987, page 6 (I.2.3 and 1.2.4)
                 Supplementary markings on the packaging :
                 'ACTION No 213-219/88 / FOOD AID TO INDIA FROM THE EUROPEAN ECONOMIC
                 COMMUNITY'
                 and Official Journal of the European Communities No 216 of 14 August 1987, page 6, I.1.2.4.
           11.   Method of mobilization : Community market
           1 2. Stage of supply : free at port of landing — landed
           13 .  Port of shipment : —
           14. Port of landing specified by the recipient : —
           15. Port of landing : lots A-B-C-E-F-G : Bombay ; lot D : Calcutta
           16. Address of the warehouse and, if appropriate, port of landing : —
           17. Period for making the goods available at the port of shipment :
                  —  lot A:    1  to 10  July 1988
                  —  lot  B: ' 1  to 10  July 1988
                  —  lot  C:   1  to 10  September 1988
                  —  lot  D:   1  to 10  September 1988
                  — lot E :    1 to 10 October 1988
                  — lot F :    1 to 10 November 1988
                  — lot G :    l to 10 November 1988
           18 .   Deadline for the supply :
                  — lot A :    10 August 1988
                  — lot B :    10 August 1988
                  —  lot  C:   10   October 1988
                  —  lot  D:   10   October 1988
                  —  lot  E:   10   November 1988
                  —  lot  F:    10  December 1988
                  —  lot  G:    10  December 1988
            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 : 16 May 1988, 12 noon
 ---pagebreak---                                                                                                                      29 . 4. 88
No L 108 /36                          Official Journal of the European Communities
           21 . In the case of a second invitation to tender :
                (a) deadline for the submission of tenders : 30 May 1988 at 12 noon
                (b) period for making the goods available at the port of shipment where the supply is awarded at the
                     port of  shipment stage :
                —    lot A :   15 to 25 July 1988
                —    lot B :   15 to 25 July 1988
                —    lot C :   15 to 25 September 1988
                —    lot D :   15 to 25 September 1988
                — lot E :      15 to 25 October 1988
                — lot F :      15 to 25 November 1988
                — lot G :      15 to 25 November 1988
                 (c) deadline for the supply :
                 — lot A : 25 August 1988
                 — lot B : 25 August 1988
                 —   lot  C : 25 October 1988
                 —    lot D : 25 October 1988
                 —    lot E : 25 November 1988
                 —    lot F : 25 December 1988
                 —    lot G : 25 December 1988
            22. Amount of the tendering security : 20 ECU/tonne
            23. Amount of the delivery security : 10 % of the amount of the tender in ECU
            24. Address for submission of tenders :
                  Bureau de l'aide alimentaire,
                  a l'attention de Monsieur N. Arend,
                  Batiment Berlaymont, bureau 6/73,
                  200, rue de la Loi,
                  B-1049 Brussels ;
                  Telex : AGREC 22037 B
             25 Refund payable on request by the successful tenderer 0 : refund applicable on the 15 April 1988
                  fixed by Regulation (EEC) No 977/88, Official Journal of the European Communities No L 98 of 15
                  April 1988.
 ---pagebreak---                                                                                                                                 No L 108 /37
29 . 4. 88                                 Official Journal of the European Communities
           Footnotes
           (') The operation number is to be quoted in all correspondence.
           (2) Commission delegate to contact by the successful tenderer : see list published in Official Journal of the
                  European Communities No C 227 of 7 September 1985, page 4.
           (3) At the request of the beneficiary the successful tenderer shall deliver 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.
            (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 :
                       either 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
             (5) Regulation (EEC) No 2330/87 (Official Journal of the European Communities No L 210 of 1 August
                   1987) is applicable as regards the export refund and, where appropriate, the monetary and accession
                   compensatory amounts, the representative rate and the monetary coefficient. The date referred to in
                   Article 2 of the abovementioned Regulation is that referred to in point 25 of this Annex.
             («) The commodities shall be supplied in containers which fully meet the sanitary standard and which will
                   have no harmful effect on the dairy products. The containers used for transporting fish, fertilizer or
                   hazardous chemicals are not accepted.
                   The supplier is responsible for the deliver of the containers up to the port of destination terminal but
                   not for the unloading of the commodities.
              * In case of commodities delivered port of landing, in application of Article 9 (4) of Regulation (EEC) No
                   2200/87, the contianers will be forwarded by the recipient to the supplier in order to be loaded, trans­
                   ported from the factory to the port and loaded onthe ship by the latter.
              (7) The radioactivity certificate must indicate the caesium — 134 and — 137 level.
              (') The radioactivity certificate must be legalized by an Indian Embassy.
              O The unsalted butter must have been manufactured after 16 May 1988 (Lots A and B), 16 July 1988 (Lots
                    C and D), 16 August 1988 (Lot E), 16 September 1988 (Lots F and G), from pasteurized fresh cream and
                    contain no colouring matters r neutralizers. The butter must have no smell and must be of an even
                    texture.
                    Thebutter must conform to the following technical specifications :
                    — fat content : minimum 82 % ,
                    — water content : maximum 16 % ,
                    — non-fat dry matter content : maximum 1,5 % ,
                    — pH between 6 and 6,7.
                    The packaging must contain to specifications laid down in Article 5 (2) and (3) of Regulation (EEC) No
                     685/69. The butter must be transported between — 20 and — 10°C (4 and 14 F).
                \
                     Yeast and mould : below 20 per gram .
              (,0) In order to enable a major supply to be carried out under the best possible conditions in view of the situ­
                     ation of the market for the product in question, the tenderer awarded the contract for the supply in his
                     notice will obtain on application, as soon as he is designated, on advance of 60 % of the amount in his
                     tender.
                     The advance payment will be made on presentation of evidence of the lodging of a security in favour of
                     the Commission for an amount equal to the advance plus 10 %. The security will be lodged in accor­
                     dance with the second subparagraph of Article 12 of Regulation (EEC) No 2200/87 The security^may be
                     nly on the initiative of the Commission, under the conditions laid down in Article 22 (3) of (EEC) Regu­
                     lation No 2200/87.
               (") Analysis and quality certificate listing vynical specifications of the product and issued by official entity in
                      country of origin.