31983R1120

12 . 5 . 83 Official Journal of the European Communities No L 125 / 7

COMMISSION REGULATION ( EEC) No 1120 / 83

of 5 May 1983

on the delivery of various consignments of skimmed-milk powder as food aid

THE COMMISSION OF THE EUROPEAN agencies to establish the costs arising therefrom should COMMUNITIES , be laid down :

Having regard to the Treaty establishing the European Economic Community , Whereas Articles 2 (2) of Regulations (EEC) No 1399 / 81 and (EEC) No 1037 / 82 specify that, provided the normal development of prices on the Having regard to Council Regulation (EEC) No 804 / 68 market is not disturbed , the supply of skimmed-milk of 27 June 1968 on the common organization of the powder as food aid shall be ensured by the buying in of market in milk and milk products (*), as last amended skimmed-milk powder on the Community market if the by Regulation ( EEC) No 1183 / 82 ( 2), and in particular quantities available from public stocks are insufficient to Article 7 ( 5 ) thereof, 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 as 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 size of the food-aid programme calls for a Having regard to Council Regulation (EEC ) discontinuous series of deliveries and the time normally No 1037 / 82 of 26 April 1982 laying down general needed to carry out a delivery is several months ; rules for the supply of skimmed-milk powder to certain whereas the Commission will probably have cause developing countries and specialized bodies under during the 1982 / 83 milk year to fix maximum amounts the 1982 food-aid programme (4), and in particular for deliveries due to be made during the 1983 / 84 milk Article 6 thereof, year ;

Whereas, under the food-aid programmes adopted by the Council Regulations specified in the Annex, certain recipient third countries and agencies have requested Whereas, given the foregoing and the close link between delivery of the quantity of skimmed-milk powder set out the market price of butter and skimmed-milk powder on therein ; the one hand and the intervention prices for these products on the other, it is likely that potential suppliers will hold back until the Council's decisions on common Whereas, therefore, delivery should be effected in agricultural prices and agri-monetary measures are accordance with the rules laid down in Commission known; whereas past experience has shown that, in Regulation (EEC) No 303 / 77 of 14 February 1977 such a situation of uncertainty, several potential laying down general rules for the supply of suppliers prefer not to submit tenders or submit them skimmed-milk powder and butteroil as food aid ( s ), as on the basis of inaccurate or differing forecasts , hence last amended by Regulation (EEC ) No 3474 / 80 (6 ); taking the risk that their tender will either not be whereas in particular the periods and terms for delivery accepted or involve them in serious losses leading them and the procedure to be followed by the intervention to withdraw later from a transaction in which they have been named as successful tenderer or contracting party by mutual agreement; whereas , in order to encourage tenders and to ensure that they are not based on (») OJ No L 148 , 28 . 6 . 1968 , p. 13 . theoretical considerations making them impossible to ( 2 ) OJ No L 140 , 20 . 5 . 1982, p. 1 . assess objectively , it is necessary to allow for an increase ( 3 ) OJ No L 141 , 27 . 5 . 1981 , p . 1 . at the time of payment in the price of successful tenders (<) OJ No L 120 , 1 . 5 . 1982, p . 1 . for deliveries to be made during the 1983 / 84 milk year, ( S ) OJ No L 43 , 15 . 2. 1977, p. 1 . («) OJ No L 363 , 31 . 12 . 1980 , p . 50 the increase being based on the change in the

No L 125 / 8 Official Journal of the European Communities 12 . 5 . 83

intervention price, expressed in national currency , as referred to in item 9 of the Annex falls after the end of decided by the Council for the 1983 / 84 milk year; the 1982 / 83 milk year, the sum paid on tenders resulting from application of the procedure referred to in item 12 of the Annex shall be increased at the time of Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management payment by the increment in the intervention price , as Committee for Milk and Milk Products , expressed in the currency of the Member State in which the tender was submitted, arising from the Council's decisions on common agricultural prices and agri-monetary measures for the 1983 / 84 milk year. HAS ADOPTED THIS REGULATION : Successful tenderers may avail themselves of this provision only from the seventh day of the 1983 / 84 milk year onwards and only if they furnish evidence that Article 1 the skimmed-milk powder has been manufactured after the new intervention prices have come into effect. In accordance with the provisions of Regulation (EEC) No 303 / 77 , the intervention agencies listed in the Annex shall arrange for the delivery of skimmed-milk Article 2 powder as food aid on the terms specified therein. This Regulation shall enter into force on the third day In case of supplies of skimmed-milk powder bought on following its publication in the Official Journal of the the Community market and for which the delivery date European Communities .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 5 May 1983 .

For the Commission

Poul DALSAGER Member of the Commission

12 . 5 . 83 Official Journal of the European Communities No L 125 / 9

ANNEX (M

Consignment A B

1 . Application of Council Regu­ lations : ( a ) legal basis ( EEC ) No 1037 / 82 ( 1982 programme ) ( b ) affectation ( EEC) No 1038 / 82

2 . Beneficiary Licross 3 . Country of destination j Zimbabwe Mauritius

4 . Total quantity of the con­ 500 tonnes 25 tonnes signment

5 . Intervention agency responsible German British for delivery

6 . Origin of the skimmed-milk Intervention stock Bought on the Community market powder ( 2 )

7 . Special characteristics and / or Entry into intervention stock after ( 5 ) packaging ( 3 ) 1 February 1983 ( 7 )

8 . Markings on the packaging 'Skimmed-milk powder / Gift of the A red cross 10 x 1 0 cm and, in letters at European Economic Community to least 1 cm high , the following Zimbabwe' markings : 'Skimmed-milk powder , enriched with vitamins A and D / Gift of the European Economic Community / Action of the League of Red Cross Societies / For free distribution in Mauritius / Port Louis'

9 . Delivery period Loading in June 1983 Loading in June 1983

10 . Stage and place of delivery Community port of loading operating a Port of unloading Port Louis ( deposited regular service with the recipient on the quay or on lighters ) country ( 6 )

1 1 . Representative of the beneficiary General Manager , Dairy Marketing Mauritius Red Cross Society , Ste Therese responsible for reception ( 4 ) Board , 18 , Stanley Avenue , Harare , Street, Curepipe , Mauritius ( 8 ) Zimbabwe ( telex 4420 DMHBOZW )

12 . Procedure to be applied to Tender Mutual agreement determine the costs or supply

— 13 . Expiry of the time limit for 24 May 1983 submission of tenders

No L 125 / 10 12 . 5 . 83 Official Journal of the European Communities

Consignment C

1 . Application of Council Regu­ lations : ( a) legal basis (EEC) No 1399 / 81 ( 1981 programme) ( b ) affectation (EEC ) No 1400 / 81

2 . Beneficiary r Pakistan J 3 . Country of destination

4. Total quantity of the con­ 50 tonnes signment

5 . Intervention agency responsible Danish for delivery

6 . Origin of the skimmed-milk Bought on the Community market powder ( 2 )

7 . Special characteristics and / or ( s ) packaging ( 3 )

8 . Markings on the packaging 'Skimmed-milk powder , enriched with vitamins A and D / Gift of the European Economic Community to Pakistan'

9 . Delivery period Loading as soon as possible and at the latest 31 May 1983

10. Stage and place of delivery Community port of loading operating a regular service with the recipient country ( 6 )

— 1 1 . Representative of the beneficiary 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

12 . 5 . 83 Official Journal of the European Communities No L 125 / 11

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 possible increase foreseen in Article 1 of this Regulation . ( 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 ). {*) 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 ) 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 . ( 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 product shall be delivered in containers by the tenderer. ( 8 ) The bill of lading must contain the following information : 'NOTIFY-ADDRESS : 1 . Consignee ; 2 . Ligue des sociétés de la Croix-Rouge, boîte postale 276 , CH-1211 Geneve 19 (telex 22 555 CH ).' The successful tenderer should send a copy of the dispatch documents to : Mr Burtin , Ligue des sociétés de la Croix-Rouge , boîte postale 276 , CH-1211 Geneve 19 . The successful tenderer should send a copy of the dispatch documents to: Délégation de la Commission des Communautés Européennes, boîte postale 144, Port Louis , Mauritius .