31974R0567

12 . 3 . 74 Official Journal of the European Communities No L 69/3

REGULATION ( EEC) No 567/74 OF THE COMMISSION of 8 March 1974 on the supply of butteroil as food aid to the countries of the Sahel and Ethiopia

THE COMMISSION OF THE EUROPEAN — the location of the coldstore where the butter COMMUNITIES , which is to be manufactured into butteroil is in stock ; Having regard to the Treaty establishing the European Economic Community ; — the quantity of butteroil to be delivered ; — the destination and means of delivery ; Having regard to Council Regulation (EEC) No 804/68 ( ! ) of 27 June 1968 on the common organiza­ — the closing date and address for the receipt of tion of the market in milk and milk products, as last tenders ; amended by Regulation (EEC) No 419/74 (2 ), and in particular Article 6 (7) and Article 28 thereof ; — the date on which delivery is to take place.

Whereas Council Regulation (EEC) No 3583/73 (3) of 2 . The notice of invitation to tender shall be 28 December 1973 laying down general rules for the published in the Official Journal of the European supply of milk fats as food aid to the countries of the Communities at least 10 days before the closing date Sahel and Ethiopia provides for the placing at the for the submission of tenders . disposal of those countries of 6 000 metric tons of butteroil obtained from 7 320 metric tons of butter 3 . The intervention agency shall take the measures held by intervention agencies ; necessary to enable interested parties to examine at Whereas the processing of butter into butteroil, its their own costs, before submitting a tender, samples from the butter . packaging and transportation shall, pursuant to Article 2 of Regulation (EEC) No 3583/73 , be covered by a tender procedure ; Article J Whereas, so far as the tender procedure is concerned, it is essential to repeat that established by Commis­ The invitation to tender shall be open to processing sion Regulation (EEC) No 2537/72 (4) of 4 December undertakings approved for this purpose by the 1972, concerning the tender procedure for the supply Member State on whose territory the processing is to of butteroil for shipment to the World Food take place. Only those undertakings which can fulfil Programme, as last amended by Regulation (EEC) No the obligations provided for in this Regulation may be 3071 /73 (5 ) ; approved . Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ ment Committee for Milk and Milk Products , Article 4

HAS ADOPTED THIS REGULATION : 1 . Tenders shall be submitted in writing and either handed in against a receipt to the intervention agency Article 1 or sent by registered letter to the intervention agency.

When a decision is taken to supply butteroil to the The intervention agency may also authorize the use of countries of the Sahel and Ethiopia in accordance telex . with Regulation (EEC) No 3583/73 the invitation to tender referred to in Article 2 of the said Regulation 2. Where the invitation to tender is in respect of shall be undertaken according to the detailed rules several lots no tender may be made for more than one laid down in this Regulation . lot .

Article 2 3 . The tender shall indicate : 1 . The intervention agency concerned shall give (a) the name and address of the tenderer ; notice of an invitation to tender indicating in parti­ cular : (b) the amount for which the tenderer undertakes to make the delivery in question, expressed in the (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . currency of the Member State in which the invita­ (2 ) OJ No L 49 , 21 . 2 . 1974, p . 2. tion to tender is made ; this amount shall include P ) OJ No L 359 , 28 . 12. 1973 , p . 51 . (4) OJ No L 272, 5 . 12. 1973 , p . 15 . the purchase price of the butter in accordance (5 ) OJ No L 53 , 26 . 2 . 1973 , p . 4 . with the conditions defined in Articles 9 and 13,

No L 69 /4 Official Journal of the European Communities 12 . 3 . 74

the costs of processing, packing and transporting 2. Without prejudice to the provisions of paragraph the butteroil ; 1 , the successful tenderer shall be the one whose offer (c) one or more warehouses, chosen from the list of quotes the lowest amount. Where several offers for the warehouses in the notice of invitation to tender, same amount expressed in units of account are taken from which the tenderer wishes to collect the into consideration, the award shall be made by butter ; drawing lots . (d) the Community port of embarkation, if transporta­ 3 . Each tenderer shall be immediately notified by tion is to be by sea . the intervention agency of the result of his participa­ 4 . A tender shall be valid only if it relates to an tion in the tendering procedure . entire lot put up for tender. 4. Rights and obligations arising from awards shall 5 . Each tender must be accompanied by : not be transferable . (a) a document certifying the approval referred to in Article 3 ; (b) an undertaking from the tenderer that he will Article 9 respect the conditions laid down by Article 6 (2) and Article 10 ; 1 . The purchase price of the butter is fixed at 176 units of account per 100 kg ex coldstore. (c) a declaration by the tenderer according to which he will forgo any claim regarding the quality and 2. Subject to the provisions of Article 13 the characteristics of any butter sold to him ; successful tenderer shall pay for the butter for which (d) proof that the security referred to in Article 5 has he takes delivery within 45 days following the date been lodged before the final date for submission fixed by the intervention agency for the delivery of of offers . the butteroil . Article 5 Article 10 1 . The security required for the invitation to tender shall amount to 10 units of account per metric ton of butteroil . The successful tenderer shall, by the date and at the place fixed, deliver the quantities of butteroil 2 . It shall take the form , at the choice of the concerned, which shall satisfy the conditions of Member State concerned, either of a cheque made out quality, packaging and marking provided in the in favour of the intervention agency, or of a bank Annex to this Regulation . guarantee which satisfies the criteria fixed by this Member State . Article 11 Article 6 Where the processing of the butter into butteroil takes 1 . The intervention agency shall take necessary measures to ensure that the sucessful tenderer can place in the Member States selling the butter, the following provisions shall apply : take delivery of the butter necessary for processing into butteroil from the warehouse indicated in his 1 . In respect of the manufacture and packing of the tender . butteroil , the competent agency of the Member State shall ensure that : 2 . After leaving the warehouse the butter is submitted to the custom 's or to an administrative — the quality and packing conform to Article 3 control with the equivalent guarantees . (b) of Regulation ( EEC) No 3583 /73 ; 3 . Butteroil delivered for the supply in question — the requirements of Article 6 (3) are satisfied . must be manufactured exclusively from butter for which delivery was taken by the successful tenderer 2. If the agency concerned considers that the relevant from the intervention agency. conditions have been fulfilled, they shall issue a certificate of the fact to the successful tenderer. Article 7 Taking account of the tenders received and in accord­ Article 12 ance with the procedure laid down in Article 30 of Regulation ( EEC) No 804/ 68 , a maximum amount Where the processing of the butter or the removal of shall be fixed or else a decision shall be taken to make the butteroil from the geographical territory of the no award . Community takes place in a Member State other than that which is selling the butter, the proof that the Article 8 butter has been processed in accordance with the 1 . A tender shall be refused if the amount proposed conditions laid down by Article 11 ( 1 ) and/ or that the is more than the maximum amount valid for the lot removal from the geographical territory of the in question . • Community has taken place must be provided by the

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production of the copy of the control document envis­ — the control copy number provided by the aged in Article 1 of Commission Regulation (EEC) export office of the Member State selling the No 2315/69 (!) of 19 November 1969, concerning the butter as well as the name of that office ; use of Community transit documents arising from the — the weight of butter used to produce the butter­ application of Community measures following the oil indicated in Box 103 . control of use and/or destination of goods. The Customs office which verifies the destination The boxes numbered 101 , 103 and 104 in the control of the butteroil under (b) shall endorse the control copy shall be completed. Box number 104 shall be copy provided by the office which verifies the completed by striking out the unnecessary references processing referred to under (a) and shall send this and inserting under the second paragraph one of the copy via the aforesaid office to the export office of following phrases : the Member State selling the butter. 1 . if the butter is to be processed in another Member 2. If the butter is processed into butteroil in the State : Member State selling the butter and is to leave the ' Beurre destine geographical territory of the Community from (a) å étre transformé en butteroil another Member State : (b) puis à être exporté au titre de 1 aide alimentaire ' Butteroil destiné à être exporté au titre de 1 aide (règlement (CEE) No 3583/73)' ; alimentaire (règlement (CEE) n0 3583/73)'. Butter bestimmt : 'Als Nahrungsmittelhilfe auszufuhrendes butteroil (Verordnung (EWG) Nr. 3583/73)'. (a) zur Verarbeitung zu butteroil Butteroil destinato ad essere esportato a titolo di (b) alsdann zur Ausfuhr als Nahrungsmittelhilfe aiuto alimentare (regolamento (CEE) n . 3583/73)'. (Verordnung (EWG) Nr. 3583/73)' ; ' Butteroil bestemd om te worden uitgevoerd als ' Burro destinato : voedselhulp (Verordening (EEG) nr. 3583/73)'. (a) ad essere trasformato in butteroil ' Butteroil destined to be exported as food aid (Regu­ lation (EEC) No 3583/73)'. (b) ad essere esportato a titolo di aiuto alimentare (Regolamento (CEE) nr. 3583/73)' ; Butteroil bestemt til eksport som fødevarehjaelp (forordning (EØF) nr. 3583/73)'. ' Boter bestemd : The Customs Office which verifies the destination (a) om te worden verwerkt tot butteroil shall endorse the control copy and shall send this (b) om nadien te worden uitgevoerd als voedsel­ copy to the export office of the Member State hulp (Verordening (EEG) nr. 3583/73)'. selling the butter. Butter to be : (a) processed into butteroil ; and then Article 13 (b) exported as food aid (Regulation (EEC) No Upon presentation of the documents referred to : 3583/73)'. — in Articles 11 (2), 15 and of a Customs document 'Smør bestemt til : proving that the product has been removed from (a) fremstilling af butteroil the geographical territory of the Community where the processing of the butter and the (b) herefter til eksport som fødevarehjaelp removal of the butteroil have taken place in the (Forordning (EØF) nr. 3583/73)'. selling Member State, Where the export control referred to under (b) is — in Articles 12 ( 1 ) and 15, where the processing completed in a Member State other than that into butteroil takes place in a Member State other where the processing referred to under (a) takes than that selling the butter, place, the customs office which verifies the — in Articles 11 (2), 12 (2) and 15, where the processing referred to under (a) shall send the processing of butter into butteroil is completed in control copy to the export office of the Member the territory of the Member State selling the butter State selling the butter, indicating that it has only and where the removal from the geographical terri­ verified the processing referred to under (a) and tory of the Community takes place from another shall deliver to the interested party, a control copy Member State, as referred to in Article 1 of Regulation (EEC) No 2315/ 69 with Boxes 101 , 103 , 104 and 106 the competent agency of the selling Member State completed ; box 103 shall include the net weight shall cancel, up to the amount indicated in the tender, of butteroil resulting from the processing under the obligation of the successful tenderer to pay the (a); box 104 shall include one of the references purchase price of the butter of which delivery was indicated under 2 below ; box 106 shall include : taken, and shall pay to him , within 15 days calculated from the day of the presentation of the certifying (!) OJ No L 295, 24. 11 . 1969 , p. 14. documents envisaged above, the difference between

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the two amounts, if this difference is to the advantage Article 16 of the successful tenderer. The intervention agencies shall immediately inform Article 14 the Commission of the names of the undertakings entrusted with transportation and the means of trans­ 1 . Except in the case of force majeure, the security port used. required for the invitation to tender envisaged in Article 5, shall only be released : (a) if the tenderer has not withdrawn his tender before Article 17 the contract is awarded and if the documents referred to in Article 13 paragraph one, two or Except in cases of force majeure, the successful three as appropriate have been supplied to the tenderer shall accept all financial responsibility which intervention agency, would have been borne by the Community for non-de­ (b) if no award is made. livery of the butteroil to the place and by the time desired, the receiving countries having enabled 2. The security shall be released immediately. delivery to be effected at the place and by the time desired. The costs resulting from a non-delivery of 3 . In cases of force majeure, the intervention butteroil following a case of force majeure shall be agency selling the butter shall determine the measures borne by the competent agency of the selling Member necessary in view of the circumstances invoked. State . Article 15 The certificate of delivery shall be handed over to the Article 18 successful tenderer acting as an agent of the Commu­ nity appointed by the receiving country on delivery of No refund and no compensatory amount (monetary the goods at the place of destination . and accession) shall apply to the butter and butteroil referred to in this notice . In the other cases, however, the certificate of delivery shall be issued by the representative of the interven­ tion agency of the selling Member State if delivery has Article 19 been carried out cif. Delivery cif shall be completed as soon as the goods This Regulation shall enter into force on the third day are actually taken over in the hold of the ship at the following its publication in the Official Journal of port of unloading. the European Communities.

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

Done at Brussels, 8 March 1974. For the Commission The President

Francois-Xavier ORTOLI

12 . 3 . 74 Official Journal of the European Communities No L 69/7

ANNEX

I. Quality requirements for butteroil

Characteristics of the product : concentrated milk fat with a minimum pure fat content of 99-8 °/o .

Compositional characteristics : moisture content and non-milk fat constituents : maximum 0-2 °/o

fats : minimum 99-8 %> free fatty acids : maximum 0-5 °/o ( oleic acid )

amount of peroxide/ kg : maximum 1 unit ( in milliequivalents of oxygen per kg) flavour : fresh smell : absence of smells unconnected with butteroil

II . Packaging of butteroil

1 . The butteroil is to be packed in metal boxes fully filled and hermetically sealed in an atmosphere of nitrogen . The box should be strong enough to withstand a seagoing journey . The boxes shall not be harmful to human health nor cause a change in colour, taste or odour of their contents .

The boxes must be sealed with a tightly crimped cover.

2 . The metal boxes must be packed into cartons holding 1 box of 20 kg.

The carton shall be of strength 29 kg/cm2 . All the flaps of the cartons shall be firmly glued both top and bottom .

3 . The glued label on the box shall carry the following information in the language(s ) of the recipient country :

( a ) the name : 'butteroil ',

( b ) the wording : — ' Gift of the European Economic Community to . . .' — ' to be distributed free of charge '

( c ) net weight,

( d ) the month and year of manufacture ,

( e ) the code of the processing undertaking .

Apart from the above there shall appear on two sides of the carton :

— the number of the manufactured lot and the number of boxes making up the lot, — the port of destination .