31982R3136

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) No 1399/81 and (EEC) No 1037/82 specify that, Having regard to Council Regulation (EEC) No 804/68 provided the normal development of prices on the of 27 June 1968 on the common organization of the market is not disturbed, the supply of skimmed-milk market in milk and milk products ( 1 ), as last amended powder as food aid shall be ensured by the buying in of by Regulation ( EEC) No 1183 /82 (2), and in particular skimmed-milk powder on the Community market if the Article 7 (5 ) thereof, 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 Committee for Milk and Milk Products, Having regard to Council Regulation (EEC) 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 This Regulation shall enter into force on the third day laying down general rules for the supply of 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.

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

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

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

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

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

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

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.