31982R0931
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 .
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 In accordance with the provisions of Regulation ( EEC ) such a situation of uncertainty , several potential No 303 / 77 , the intervention agencies listed in the suppliers prefer not to submit tenders or submit them 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 resulting from application of the procedure referred to hypothetical considerations making them impossible 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 tender was submitted , arising from the Council's the increase being based on the change in the 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 .
Article2¶
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
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
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
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
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
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 .