31973R1412
No L 142/20 Official Journal of the European Communities 29 . 5 . 73
REGULATION (EEC) No 1412/73 OF THE COMMISSION of 25 May 1973 concerning the supply of butteroil for shipment to certain third countries as a measure of Community aid to UNRWA
THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES , Article 1 Having regard to the Treaty establishing the Euro pean Economic Community ; 1 . There shall be put up for tender, in accor dance with the provisions of this Regulation, the supply of 2 000 metric tons of butteroil for Having regard to Council Regulation ( EEC ) No 804/ UNRWA, produced from butter having been 68 (*) of 27 June 1968 on the common organization bought in accordance with Article 6 ( 1 ) of Regula of the market in milk and milk products, as last tion ( EEC ) No 804/ 68 . amended by the Act (2 ) concerning the conditions of Accession and the adjustments to the Treaties , and 2 . The shipment shall be on a cif basis . It will be in particular Article 6 ( 7 ) thereof ; divided into two lots : ( a ) The Port of Beirut ( Lebanon ) — 1 200 metric tons , Whereas Council Regulation ( EEC ) No 1692/ 72 ( 3 ) of 2 August 1972, laying down general rules for ( b ) The Port of Ashod ( Israel ) — 800 metric tons . the supply of milk to the "World Food Programme and to UNRWA , provides for the supply to the 3 . The shipment envisaged in paragraph 2 shall United Nations Relief Works Agency, known take place on a date to be specified by the interven hereafter as UNRWA, of 2 000 metric tons of butter tion agency, after 15 and before 31 July 1973 . oil , produced from butter held by the intervention agencies ; whereas, UNRWA has requested that this supply be fulfilled ; Article 2
1 . The invitation to tender envisaged by Article 1 Whereas this supply , in accordance with Regulation shall be undertaken by the German intervention ( EEC ) No 1692 / 72 Article 2 (2 ) shall be fulfilled agency. The latter shall give notice of an invitation according to the provisions of the tender procedure to tender whose publication in the Official Journal which the competent agencies of the Member States of the European Communities shall be made at least shall follow for this purpose ; eight days before the closing date fixed for the submission of tender.
Whereas so far as the tender procedure is concerned, 2 . The closing date for the receipt of tenders it is essential to repeat that established by Commis shall be 12 June 1973 at 12 noon . sion Regulation ( EEC ) No 2537/72 (4 ) of 4 December 1972, concerning the tender procedure 3 . The relevant intervention agency, in its notice for the supply of butteroil for shipment to the of invitation to tender, shall indicate the storage World Food Programme, as amended by Regula depots where the butter which is to be manufac tion ( EEC ) No 453 / 73 ( 5 ) ; tured into butteroil is in stock and shall make the necessary provisions to allow interested parties, to examine at their own cost, before submitting a Whereas the measures provided for in this Regula tender, samples taken from the butter . tion are in accordance with the Opinion of the Management Committee for Milk and Milk Products : Article 3
The invitation to tender shall be open to processing undertakings approved for this purpose by the (!) OJ No L 148 , 28 . 6 . 1968 , p . 13 . Member State on whose territory the processing is (») OJ No L 73 , 27. 3 . 1972 , p . 14 . to take place. Only those undertakings which can ( 3) OJ No L 178 , 5 . 8 . 1972 , p . 1 . fulfill the obligations provided for in this Regula {*) OJ No I. 272, 5 . 12 . 1972 , p . 15 . ( 5 ) O J No L 53 , 26. 2 . 1973 , p . 4 . tion may be approved .
29 . 5 . 73 Official Journal of the European Communities No L 142/21
Article4¶
1 . Tenders shall be submitted either in writing and 1 . The delivery costs are the costs involved up to handed in against a - receipt to the intervention the point where the goods are effectively deposited agency or sent by registered letter or by telex to the on the quay of the port of disembarkation or on intervention agency. lighters where the latter system is used, it being understood that the benefitting organization shall 2 . Each tender cannot be for more than one lot . bear all the costs arising from the delivery of the goods including reception costs . 3 . The tender shall indicate : 2 . Demurrage costs at the port of disembarkation (a) The name and address of the tenderer ; arising from delays which are the fault of the bene fitting organization are to the cost of the latter. The (b) The amount, expressed in German Marks for rates and methods fixed in the contract between which the tenderer undertakes to deliver butter the successful tenderer and the transporter, must oil cif to the port of Beirut or Ashod as appro have been previously agreed between the successful priate. This amount shall include the purchase tenderer and the receiving authorities of the benefit price of the butter in accordance with the condi ting organization . tions defined in Article 10 ( 1 ), the costs of processing, packing, transporting and delivering the butter envisaged in Article 6 ; Article 7
(c) one or more of the warehouses , chosen from 1 . The German intervention agency shall take the list of warehouses for each lot from which necessary measures to ensure that the successful the tenderer wishes to collect the butter ; tenderer can take delivery of the butter necessary for processing into butteroil , from the warehouse (d) the port of embarkation of the butteroil chosen indicated in his tender. from one of the Community ports.
2 . Butteroil delivered under the title of the supply 4. A tender shall be valid only if it relates to an in question must be manufactured exclusively from entire lot put up for tender. butter for which delivery was taken by the successful tenderer from the intervention agency. 5 . Each tender must be accompanied by :
(a) A document certifying the approval envisaged in Article 8 Article 3 ; Taking account of the tenders received and in accor (b) An undertaking from the tenderer that he will dance with the procedure of Article 30 of Regula respect the conditions provided for in Article 6 tion (EEC) No 804/68 , an amount shall be fixed: (2) and Article 10 ; expressed in units of account or else a decision shall be taken not to proceed with the individual applica (c) A declaration by the tenderer according to tion to tender. which he will forgo any claim regarding the quality and characteristics of the butter eventu ally sold ; Article 9
( d) Proof that the security envisaged in Article 5 1 . The tender shall be refused if the amount has been lodged before the final date for submis sion of offers . proposed converted into units of account is more than the maximum amount valid for the lot in question . Article 5 2. Without prejudice to the provisions of para 1 . The security required for the invitation to graph 1 , the successful tenderer is the one who tender shall be 10 units of account per metric ton of presents the lowest offer amount. Where several butteroil . offers for the same amount converted into units of account are taken into consideration , the award of 2. It shall take the form, at the choice of the the tenderer shall be by drawing lots. German intervention agency, of either a cheque made out in favour of the intervention agency, or a 3 . Each tenderer shall be immediately notified by bank guarantee corresponding to the criteria fixed the intervention agency of the result of his participa by this Member State . tion in the invitation to tender.
No L 142/22 Official Journal of the European Communities 29 . 5 . 73
4. Rights and obligations arising from awards been fulfilled, they shall provide to the successful shall not be transferable. tenderer, an equivalent attestation.
Article 10 Article 13 1 . The purchase price of the butter is fixed at 176 units of account per 100 kg ex coldstore. Where the processing of the butter or the export of the oil takes place in another Member State than 2. Subject to the reservation in the provisions of that which is selling the butter, the proof of exporta Article 14, the successful tenderer shall pay for the tion must be provided by the production of the butter for which he takes delivery within 45 days copy of the control document envisaged in Article 1 following the time limit fixed in Article 1 (3 ) for the of Commission Regulation (EEC) No 2315/69 of 19 delivery cif of the butteroil . November 1969, concerning the use of Community transit documents arising from the application of Community measures following the control of use Article 11 and/or destination of goods .
1 . The successful tenderer shall , by the date fixed The boxes numbered 101 , 103 and 104 in the in accordance with Article 1 (3 ), complete the control copy shall be completed. Box number 104 . delivery cif Beirut or Ashod, whichever is the case, shall be completed by striking out the unnecessary of the quantities of butteroil concerned, meeting the references and setting out under the second para conditions of quality, packaging and marking graph one of the following phrases : provided in the Annex to Regulation (EEC ) No 2537/72, taking account of the adaptations defined in paragraph 2 . The delivery cif shall be taken as ( a) if the butter is to be processed in another Member State : completed when the goods are effectively deposited on the quay of the port of disembarkation or on 'Beurre destiné lighters when the latter system is used . 1 . å étre transformé en butteroil 2. The butteroil shall be packed in accordance 2, puis à être exporté au bénéfice de l'UNRWA with heading II of the Annex to Regulation (EEC) au titre du règlement ( CEE) no 1412/73 ' No 2537/72, in 20 kg metal containers . The refer ence in heading II point 3 ( b) of the Annex to Regu 'Butter bestimmt lation (EEC ) No 2537/72 is, however, replaced by the following reference in the French language : 1 . zur Verarbeitung zu butteroil 'Don de la Communaute economique europeenne — Action office de secours et de travaux des 2 . alsdann zur Ausfuhr zu Gunsten der UNRWA gemäß der Verordnung (EWG) Nr. Nations Unies pour les réfugiés de Palestine.' 1412/73 '
3 . The successful tenderer shall accord with all 'Burro destinato quantitative controls issued by UNRWA. He shall provide, to this end, a list summarizing the lots 1 . ad essere trasformato in butteroil making up the supply. 2. ad essere esportato a beneficio dell'UNRWA ' a titolo del regolamento ( CEE) n . 1412/73 ' Article 12 ' Boter bestemd Where the processing of butter into butteroil takes 1 . om te worden verwerkt tot butteroil place in the Member States selling the butter, the 2 . om nadien te worden uitgevoerd ten behoeve following provisions are applicable : van de UNRWA krachtens Verordening ( EEC ) Nr. 1412/73 ' 1 . The competent agency of the Member State shall provide control of the manufacture and pack ' Butter destined aging of the butteroil as envisaged by Article 3 ( b ) of Regulation ( EEC ) No 1692/72 following 1 . to be processed into butteroil the conditions envisaged in Article 7 (2 ). 2 . then to be exported for the benefit of 2 . If the agency concerned, considers at the end of UNRWA in accordance with Regulation this control that the relevant conditions have ( EEC ) No 1412/73 '
29 . 5 . 73 Official Journal of the European Communities No L 142 /23
'Smør bestemt til object of the individual application to tender has been received within the time limits prescribed. 1 . fremstilling af butteroil 2. hereafter eksport til gunst for UNRWA i Article 15 overensstemmelse med forordning ( EØF) nr. 1412/73 '. 1 . Upon presentation of the documents envis Where the export control envisaged under 2 is aged : completed in another Member State than that where — in Articles 12 (2 ) and 14 in the case where the the processing took place, as envisaged in 1 , the processing of the butter and export of the butter customs' office which controlled the processing oil has taken place in the territory of the selling envisaged under 1 , shall send the control copy to Member State, the export office of the Member State selling the butter, indicating that it has only controlled the — in Articles 12 (2 ), 13 ( b ) and 14 in the case processing envisaged under 1 and shall deliver to where the processing of butter into butteroil is the interested party, a copy of the control as envis completed in the territory of the Member State aged in Article 1 of Regulation (EEC) No 2315/69 selling the butter and where the export takes with Boxes 101 , 103 , 104 and 106 completed. Box place in another Member State . 104 shall include one of the references indicated — in Articles 13 ( a ) and 14 in the case where the under (b ) below ; Box 106 shall include the control processing into butteroil takes place in another copy number provided by the export office of the Member State than that selling the butter, Member State selling the butter as well as the name of that office . The Customs office which controlled the competent agency of the Member State where the destination envisaged under 2 shall annotate the the processing into butteroil took place, shall cancel control copy provided by the office which the obligation of the successful tenderer to pay the controlled the processing envisaged under 1 and purchase price of the butter for which delivery was shall send this copy via the aforesaid office to the taken up to the amount indicated in the tender and export office of the Member State selling the shall pay to him, within 15 days calculated from the butter ; day of the presentation of the certifying documents envisaged above, the difference between these two (b) if the butter processed into butteroil is to be amounts, if this difference is to the advantage of the successful tenderer. exported from another Member State : 'Butteroil destiné à être exporté au bénéfice de In the case where this cancellation takes place in l'UNRWA, au titre du règlement ( CEE) no another Member State than that selling the butter, 1412/73 ' the competent agency of the first Member State shall immediately notify- to the competent agency of 'Gemäß der Verordnung (EWG ) Nr. 1412/73 the Member State selling the butter, the amount to zu Gunsten der UNRWA auszuführendes butter which this cancellation relates . oil ' 'Butteroil destinato ad essere esportato a bene 2. Moreover, the competent agency of the ficio dell'UNRWA, in virtù del regolamento Member State upon whose territory the processing ( CEE ) n . 1412/73 ' has taken place, shall ensure within 60 days at the 'Butteroil bestemd om te worden uitgevoerd most, that a presumptive contribution of 15 units of ten behoeve van de UNRWA, overeenkomstig account per metric ton of butteroil taken delivery Verordening nr. 1412/73 ' of, is paid to UNRWA for the forwarding and distri bution of the butteroil . 'Butteroil destined to be exported for the benefit of UNRWA in accordance with Regula tion ( EEC ) No 1412/73 ' Article 16 'Butteroil bestemt til eksport til gunst for Except in cases of force majeure, the successful UNRWA i overensstemmelse med forordning tenderer shall accept all financial responsibility ( EØF ) nr. 1412/73 ' which would have been borne by the Community for non delivery of the butteroil to the place and by the time desired, UNRWA having made possible Article 14 delivery to the place and by the time desired. The costs resulting from a non-delivery of butteroil After the delivery cif in accordance with the condi following a case of force majeure shall be borne by tions envisaged in Article 11 , UNRWA shall deliver the competent agency of the Member State where a certification certifying that the lot which was the the processing has taken place.
No L 142/24 Official Journal of the European Communities 29 . 5 . 73
Article 17 3 . In cases of force majeure, the intervention agency selling the butter shall determine the 1 . Except in the case of force majeure, the secu measures necessary in view of the circumstances invoked. rity required for the invitation to tender envisaged in Article 5 , shall only be released : Article 18 ( a) if the tender has not been pursued, No refund and no compensatory amount shall apply to the butter and butteroil referred to in this (b ) If the tenderer has not withdrawn his tender notice . before the contract is awarded and if the docu ments referred to in Article 15 ( 1 ) paragraph Article 19 one, or three as appropriate have been supplied to the intervention agency. This Regulation shall enter into force on the third day following its publication in the Official Journal 2. The security shall be released immediately. of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 25 May 1973 .
For the Commission
The President Francois-Xavier ORTOLI