CELEX: 31997R1742
Language: en
Date: 1997-09-05 00:00:00
Title: COMMISSION REGULATION (EC) No 1742/97 of 5 September 1997 on the supply of milk products as food aid

6 . 9 . 97         I EN I             Official Journal of the European Communities                                  L 244/7
                                     COMMISSION REGULATION (EC) No 1742/97
                                                        of 5 September 1997
                                        on the supply of milk products as food aid
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      supply and the procedure to be followed to determine the
                                                                    resultant costs,
   Having regard to the Treaty establishing the European
   Community,
   Having regard to Council Regulation (EC) No 1292/96 of           HAS ADOPTED THIS REGULATION :
  27 June 1996 on food-aid policy and food-aid
  management and special operations in support of food                                      Article 1
  security ('), and in particular Article 24 ( 1 ) (b) thereof,
                                                                    Milk products shall be mobilized in the Community, as
  Whereas the abovementioned Regulation lays down the               Community food aid for supply to the recipient listed in
  list of countries and organizations eligible for food-aid         the Annex, in accordance with Regulation (EEC) No
  operations and specifies the general criteria on the             2200 /87 and under the conditions set out in the Annex.
  transport of food aid beyond the fob stage;                      Supplies shall be awarded by the tendering procedure.
  Whereas, following the taking of a number of decisions           The successful tenderer is deemed to have noted and
  on the allocation of food aid, the Commission has
  allocated milk powder to certain beneficiaries;                  accepted all the general and specific conditions
                                                                   applicable . Any other condition or reservation included in
  Whereas it is necessary to make these supplies in                his tender is deemed unwritten .
  accordance with the rules laid down by Commission
  Regulation (EEC) No 2200/87 of 8 July 1987 laying down                                    Article 2
  general rules for the mobilization in the Community of
  products to be supplied as Community food aid (2), as            This Regulation shall enter into force on the day
  amended by Regulation (EEC) No 790/91 (3); whereas it is         following its publication in the Official Journal of the
  necessary to specify the time limits and conditions of           European Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 5 September 1997.
                                                                             For the Commission
                                                                                Franz FISCHLER
                                                                        Member of the Commission
(') OJ L 166, 5. 7. 1996, p. 1 .
(2) OJ L 204, 25. 7. 1987, p. 1 .
P) OJ L 81 , 28 . 3. 1991 , p. 108 .
 ---pagebreak--- L 244/8          EN                   Official Journal of the European Communities                                6 . 9 . 97
                                                           ANNEX
                                                           LOT A
          1 . Operation No ('): 402/96
          2. Programme: 1996
          3. Recipient (2): Euronaid, Postbus 12, NL-2501 , CA Den Haag, Nederland (tel.: (31 70)33 05 757; fax:
               36 41 701 ; telex: 30960 EURON NL)
          4. Representative of the recipient: to be designated by the recipient
          5. Place or country of destination: Cuba
          6. Product to be mobilized: whole milk powder
          7. Characteristics and quality of the goods (3)(s): see OJ C 114, 29. 4. 1991 , p. 1 (I.C. ( 1 ))
          8 . Total quantity (tonnes): 45
          9 . Number of lots : 1
        10. Packaging and marking ( 6 ) Q: see OJ C 267, 13 . 9. 1996, p. 1 (6.3 A and B.2)
              see OJ C 114, 29. 4. 1991 , p. 1 (I.C. (3))
               Language to be used for the marking: Spanish
        11 . Method of mobilization: the Community market
              The whole milk powder must be manufactured after the award of the tender
        12. Stage of supply: free at port of shipment
        13. Port of shipment: —
        14. Port of landing specified by the recipient: —
        15. Port of landing: —
        16. Address of the warehouse and, if appropriate, port of landing: —
        17. Period for making the goods available at the port of shipment: 13 . 10 — 2. 11 . 1997
        18 . Deadline for the supply: —
        19 . Procedure for determining the costs of supply: invitation to tender
        20. Date of expiry of the period allowed for submission of tenders: 1 2 noon (Brussels time) on 22. 9.
              1997
        21 . In the case of a second invitation to tender:
              (a) deadline for the submission of tenders: 12 noon (Brussels time) on 6. 10. 1997
              (b) period for making the goods available at the port of shipment: 27. 10 — 16. 11 . 1997
              (c) deadline for the supply: —
        22. Amount of tendering security: ECU 20 per tonne
        23. Amount of delivery security: 10 % of the amount of the tender in ecus
        24. Address for submission of tenders and tendering securities ('): Bureau de 1 aide alimentaire, à
              l'attention de Monsieur T. Vestergaard, Bâtiment Loi 130, bureau 7/46, Rue de la Loi/Wetstraat 200,
              B-1049 Brussels
              Telex: 25670 AGREC B; fax: (32 2) 296 70 03/296 70 04 (exclusively)
        25. Refund payable on application by the successful tenderer (4): refund applicable on 3. 9. 1997, fixed
              by Commission Regulation (EC) No 1678/97 (OJ L 238, 29. 8 . 1997, p. 3)
 ---pagebreak--- 6. 9 . 97        PEN I                 Official Journal of the European Communities                                          L 244/9
           Notes:
          (') The operation number should be mentioned in all correspondence.
          (2) The successful tenderer shall contact the recipient as soon as possible to establish which consignment
              documents are required.
          (3) 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. The radioactivity certificate must indicate the caesium- 134 and - 137
              and iodine- 131 levels .
          (4) Commission Regulation (EEC) No 2330/87 (OJ L 210, 1 . 8 . 1987, p. 56), as last amended by Regulation
              (EEC) No 2226/89 (OJ L 214, 25. 7. 1989, p. 10), is applicable as regards the export refund. The date
              referred to in Article 2 of the said Regulation is that referred to in point 25 of this Annex.
              The amount of the refund shall be converted into national currency by applying the agricultural conver­
              sion rate applicable on the day of completion of the customs export formalities. The provisions of Articles
               13 to 17 of Commission Regulation (EEC) No 1068/93 (OJ L 108 , 1 . 5. 1993, p. 106), as last amended by
              Regulation (EC) No 1482/96 (OJ L 188 , 27. 7. 1996, p. 22), shall not apply to this amount.
          (5) The successful tenderer shall supply to the beneficiary or its representative, on delivery, the following
              documents :
              — health certificate issued by an official entity stating that the product was processed under excellent
                  sanitary conditions which are supervised by qualified technical personnel. The certificate must state
                   the temperature and duration of the pasteurization, the temperature and duration in the spray-drying­
                   tower and the expiry date for consumption,
              — veterinary certificate issued by an official entity stating that the area of production of raw milk had not
                   registered foot-and-mouth disease nor any other notifiable infectious/contagious disease during the 12
                  months prior to the processing.
          (6) Notwithstanding OJ C 114, point I. A.3 (c) is replaced by the following: 'the words "European Com­
              munity"'.
          Q Shipment to take place in 20-foot containers, condition FCL/FCL each containing 15 tonnes net. The
              supplier shall be responsible for the cost of making the containers available in the stack position at the
              container terminal at the port of shipment. The recipient shall be responsible for all subsequent loading
              costs, including the cost of moving the containers from the container terminal . The provisions of Article
              13 (2), second paragraph, of Regulation (EEC) No 2200/87 shall not apply.
              The supplier has to submit to the recipient's agent a complete packing list of each container, specifying
              the number of bags belonging to each operation number as specified in the invitation to tender.
              The supplier has to seal each container with a numbered locktainer (Sysko locktainer 180 seal), the
              number of which is to be provided to the beneficiary's forwarder.