31974R1365

No L 147/46 Official Journal of the European Communities 1 . 6 . 74

REGULATION (EEC) No 1365 /74 OF THE COMMISSION of 31 May 1974 on the supply of butteroil as food aid to certain developing countries

THE COMMISSION OF THE EUROPEAN — the location of the coldstore or stores where the COMMUNITIES, butter which is to be manufactured into butteroil is held ; Having regard to the Treaty establishing the European Economic Community ; — the quantity of butteroil to be delivered ; — the indication of the ports in the Community Having regard to Council Regulation (EEC) No where delivery fas can take place ; 804/68 (') of 27 June 1968 on the common organiza­ tion of the market in milk and milk products, as last — the closing date and address for the receipt of tenders ; amended by Regulation (EEC) No 662/74 (2), and in particular Articles 6 (7) and 28 thereof ; — the date on which delivery fas is to take place.

Whereas Council Regulation (EEC) No 530/74 (3) of 4 2 . The notice of invitation to tender shall be March 1974 laying down general rules for the supply published in the Official Journal of the European of milk fats as food aid to certain developing countries Communities at least 10 days before the closing date and certain international organizations provides inter for the submission of tenders . alia for the placing at the disposal of those countries of a certain quantity of butter held by intervention 3 . The intervention agency shall take the measures agencies, to be delivered in the form of butter or butteroil ; necessary to enable prospective tenderers to examine at their own expense, before submitting a tender, Whereas under Article 2 of Regulation (EEC) No samples of the butter. 530/74 the costs of processing, packaging and trans­ port in respect of each supply are in principle to be covered under a tendering procedure ; Article 3

Whereas the procedure to be adopted for this purpose should in the main be taken over from that estab­ The invitation to tender shall be open only to processing undertakings approved for this purpose by lished by Commission Regulation ( EEC) No the Member State on whose territory the processing is 567/74 (4) of 8 March 1974 on the supply of butteroil to take place . Only those undertakings which can as food aid to the countries of the Sahel and Ethiopia ; fulfil the obligations provided for in this Regulation Whereas the measures provided for in this Regulation may be approved. are in accordance with the Opinion of the Manage­ ment Committee for Milk and Milk Products, Article 4

HAS ADOPTED THIS REGULATION : 1 . Tenders, which shall be in writing, shall be submitted either by delivery by hand to the interven­ Article 1 tion agency against acknowledgement of receipt or by registered letter addressed to the intervention agency. Where it is decided to supply butteroil fas to the The intervention agency may also authorize the use of developing countries listed in the Annex to Regula­ telex for presentation of tenders . tion ( EEC) No 530 /74, the invitation to tender referred to in Article 2 of the said Regulation shall be 2 . Where the invitation to tender is in respect of organized in accordance with the detailed rules laid two or more lots no tender may be made for more down in this Regulation . than one lot .

Article2¶

1 . The intervention agency concerned shall give (a) the name and address of the tenderer, notice of an invitation to tender indicating in parti­ (b) the amount for which the tenderer undertakes to cular : make the supply in question , expressed in the currency of the Member State in which the invita­ (') OJ No L 148 , 28 . 6 . 1968 , p. 13, tion to tender is made ; this amount shall include i1 ) OJ No L 85 , 29 . 3 . 1974, p. 51 . (3 ) OJ No L 65 , 7 . 3 . 1974, p. 1 . the purchase price of the butter on the terms laid (4 ) OJ No L 69 , 12 . 3 . 1974, p. 3 . down in Articles 9 and 13, the costs of processing,

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packing and delivering the butteroil and the cost in units of account shall be fixed or alternatively a of insuring the/ goods to their full value, decision shall be taken to make no award . (c) one or more coldstores, chosen from the list of such stores in the notice of invitation to tender, at Article 8 which the tenderer wishes to take delivery of the 1 . A tender shall be refused if the amount butter, proposed, converted into units of account, is more (d) the Community port where delivery fas takes than the maximum amount fixed for the lot in ques­ place, chosen from among the ports designated for tion . the purpose of the invitation to tender in question . 2. Without prejudice to the provisions of paragraph 4. A tender shall be valid only if it relates to an 1 , the successful tenderer shall for each lot be the one entire lot put up for tender. making the lowest offer. Where two or more valid offers specify identical amounts in units of account 5. A tender shall not be valid unless accompanied the award shall be made by drawing lots. by : (a) a document certifying the approval referred to in 3 . Each tenderer shall be immediately notified by Article 3 ; the intervention agency of the result of his participa­ tion in the invitation to tender. (b) an undertaking from the tenderer that he will fulfil the obligations laid down by Article 6 (3) and 4. The intervention agencies shall immediately Article 1 0 ; inform the Commission of the names of the (c) a declaration whereby the tenderer agrees to forgo successful tenderer or tenderers . any claim as to the quality or characteristics of any 5. Rights and obligations arising in connection butter sold to him ; with the invitation to tender shall not be transferable . (d) proof that before expiry of the period set for the submission of tenders the security referred to in Article 9 Article 5 has been lodged. 1 . The purchase price of the butter is fixed at 176 Article 5 units of account per 100 kg ex coldstore .

1 . The security required for the invitation to tender 2 . Subject to the provisions of Article 13 the shall be 10 units of account per metric ton of successful tenderer shall pay for the butter which shall butteroil . be removed within 45 days following the date fixed by the intervention agency for the delivery fas of the 2. It shall take the form, at the option of the butteroil . Member State concerned, either of a cheque made out in favour of the intervention agency, or of a bank Article 10 guarantee which satisfies the criteria fixed by the Member State . Every successful tenderer shall on the date fixed by the intervention agency deliver fas at the port speci­ Article 6 fied in the tender a quantity of butteroil equal to the quantity there specified and meeting the requirements 1 . The intervention agency shall take measures as to quality and packaging laid down in the Annex to necessary to ensure that the successful tenderer can this Regulation . Any schedule for instalment deliv­ take delivery of the butter necessary for processing eries shall be agreed between the successful tenderer into butteroil from the coldstore indicated in his and the agent of the recipient country. tender. The goods shall be regarded as delivered fas when 2. Immediately on leaving the coldstore and until they are deposited in the port of shipment at a point the moment when it leaves the geographical territory designated by the recipient country or its agent easily of the Community in the form of butteroil, the butter accessible to the ship . shall be placed under customs control or under an administrative control offering equivalent safeguards. Article 11

3. Butteroil delivered for the supply in question Where the processing of the butter into butteroil takes must be manufactured exclusively from butter of place in the Member State of sale, the following provi­ which delivery was taken for this purpose by the sions shall apply : successful tenderer from the intervention agency. 1 . At the time of the manufacture and packing of the butteroil , the competent agency of the Member Article 7 State in question shall carry out checks to ensure that In the light of the tenders received and in accordance with the procedure laid down in Article 30 of Regula­ — the quality and packing conform to Article 3 tion ( EEC) No 804/ 68 , a maximum amount expressed (b ) of Regulation ( EEC) No 530 / 74,

No L 147 /48 Official Journal of the European Communities 1 . 6 . 74

— the requirements of Article 6 (3) are complied such processing shall return the control copy to with . the customs office of departure, indicating that it has only verified that the goods have been 2. If on concluding these checks the agency concerned finds that the relevant conditions have processed as specified in (a), and shall issue to the been fulfilled, it shall issue to the successful person concerned for the butteroil so obtained one tenderer a certificate to this effect . or more control copies as referred to in Article 1 of Regulation (EEC) No 2315/69, with sections 101 , Article 12 103, 104 and 106 completed ; in section 103 there shall be entered the net weight of the butteroil Where the processing of the butter and/or delivery fas after processing in accordance with (a) ; section 104 of the butteroil takes place in a Member State other shall contain one of the endorsements set out at than that of sale, proof that the butter has been point 2 below ; in section 106 there shall be processed in accordance with the conditions referred entered : to in subparagraph (!) of Article 11 and/or that the butteroil has been delivered fas shall be furnished by — the number of the control copy from the customs office of departure and the name of production of the control copy provided for in Article that office, 1 of Commission Regulation (EEC) No 231 5/69 (1 ) of 19 November 1969 concerning the use of Community — the weight of the butter used to produce the transit documents for the purpose of applying quantity of butteroil entered in section 103 . Community measures for verifying the use and/or The customs office which verifies that delivery as destination of goods, as last amended by Regulation specified in (b) has taken place shall endorse the (EEC) No 690/73 (2). control copy from the office which verified that The sections 101 , 103 and 104 in the control copy the goods had been processed as specified in (a) shall be completed. Section 104 shall be completed by and shall return this copy via this latter office to deleting as necessary and entering against the second the office of departure in the Member State of sale. indent one of the following endorsements : 2. If the butter is processed into butteroil in the 1 . If the butter is to be processed in a Member State Member State of sale and is to be delivered fas in other than that of sale : another Member State : ' Beurre destine : ' Butteroil destine a être livre fas au titre de l'aide (a) a être transformé en butteroil, (b) puis a être livre fas au titre de l'aide alimentaire alimentaire (règlement (CEE) n° 530/74)' (règlement (CEE) n° 530/74)' 'Als Nahrungsmittelhilfe fas zu lieferndes butteroil ' Butter bestimmt : (Verordnung (EWG) Nr. 530/74)' (a) zur Verarbeitung zu butteroil, ' Butteroil destinato ad essere consegnato fas a titolo (b) alsdann zur Lieferung fas als Nahrungsmittel­ di aiuto alimentare (regolamento (CEE) n. 530/74)' hilfe (Verordnung (EWG) Nr. 530/74)' 'Butteroil bestemd om fas te worden geleverd als ' Burro destinato : voedselhulp (verordening (EEG) nr. 530/74)' (a) ad essere trasformato in butteroil, ' Butteroil to be delivered fas as food aid (Regula­ (b) ad essere successivamente consegnato fas a tion (EEC) No 530/74)' titolo di aiuto alimentare (regolamento (CEE) n . 'Butteroil bestemt til levering fas som fødeva­ 530/74)' rehjælp (forordning (E0F) nr. 530/74)'. ' Boter bestemd : (a) om te worden verwerkt tot butteroil, The customs office which verified delivery shall (b) om nadien fas te worden geleverd als voedsel­ endorse the control copy and return it to the office hulp (Verordening (EEG) nr. 530/74)' of departure in the Member State of sale. ' Butter to be : Article 13 (a) processed into butteroil, and subsequently, (b) delivered fas as food aid (Regulation (EEC) No Upon presentation : 530/74)' ' Smør bestemt til : — of the documents referred to in subparagraph (2) of Article 11 and in Article 14, where the (a) fremstilling af butteroil, (b) herefter til levering fas som fødevarehjælp processing of the butter and delivery fas of the (forordning (EØF) nr. 530/74)'. butteroil has taken place in the Member State of sale, Where verification that the butteroil has been deliv­ — of the document referred to in subparagraph ( 1 ) of ered as specified in (b) is to take place in a Member Article 12 and in- Article 14, where processing has State other than that where processing as specified taken place in a Member State other than that of in (a) takes place, the customs office which verifies sale, (!) OJ No L 295, 24. 11 . 1969 , p. 14. — of the documents referred to in subparagraph (2) M OJ No L 66, 13. 3. 1973, p. 23. of Article 11 , in the subparagraph (2) of Article 12

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and in Article 14, where processing has taken If the recipient country is unable to load the butteroil place in the Member State of sale and delivery fas on the date or dates fixed in accordance with Article has taken place in another Member State, 10 and if the successful tenderer is unable to obtain payment from the recipient country of the resulting the competent agency of the Member State of sale costs, the competent agency of the Member State of shall release each successful tenderer from his obliga­ sale shall take all measures necessary to ensure that tion to pay the purchase price of the butter removed such costs are not borne by the successful tenderer. by him , provided that the amount in respect of which such release is given does not exceed that for which the tenderer undertook to supply the butteroil, and shall within 15 days reckoned from the day on which Article 16 the abovementioned supporting documents are produced pay to him an amount equal to the differ­ 1 . Except in cases of force majeure, the security ence, where this is in favour of the tenderer, between required under Article 5 shall be released only in the the aforesaid two amounts . following circumstances :

Article 14 (a) if the tender has been refused, On delivery fas of the goods at the port of embarka­ (b) if the tenderer has not withdrawn his tender tion, the receiving agent appointed by the recipient before the contract is awarded and has produced to country, or where no such agent is appointed the inter­ the intervention agency the documents required vention agency of the Member State on whose terri­ under the first, second or third indent as the case tory efnbarkation takes place, shall issue to the may be of Article 13 . successful tenderer as agent for the Community a certificate of delivery. 2. Release of the security shall take place im­ mediately. Article 15

Except in cases of force majeure every successful 3 . In case of force majeure the intervention agency tenderer shall accept all financial liability devolving shall adopt the measures which appear warranted by upon the Community by reason of failure to deliver the circumstances invoked . the butteroil at the place and by the time appointed, provided always that the recipient country has made it possible for the butteroil to be so delivered . Article 17 Any demurrage costs resulting from such delays shall be chargeable to the successful tenderer only if the No refund or compensatory amount (whether mone­ rates and other details concerning such costs have tary or accession) shall be applied to the butter or been previously agreed upon between the successful butteroil to which this Regulation applies. tenderer and the recipient country. Other costs resulting from such delays shall be chargeable to the successful tenderer only if they have been incurred by the recipient country with the agreement of the Article 18 competent intervention agency.

Cost incurred by reasons of failure to deliver the This Regulation shall enter into force on the third day butteroil as a result of force majeure shall be borne by following its publication in the Official Journal of the competent agency of the Member State of sale. the European Communities.

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

Done at Brussels, 31 May 1974 .

For the Commission

The President

Francois-Xavier ORTOLI

No L 147/50 Official Journal of the European Communities 1 . 6 . 74

ANNEX

I. Quality requirements for butteroil Characteristics : concentrated milk fat with a minimum pure fat content of 99-8 % . Compositional characteristics : moisture content and non-milk fat constituents : maximum 0-2 % fats : minimum 99-8 % free fatty acids : maximum 0-5 % (oleic acid) Peroxide/kg : maximum 1 unit (in milliequivalents of oxygen per kg) Flavour : fresh Smell : no foreign odours

II . Packaging of butteroil 1 . The butteroil is to be packed in metal canisters fully filled and hermetically sealed in an atmosphere of nitrogen . The canisters should be strong enough to withstand a long sea journey. Their composition must not be such as to be harmful to human health or to cause a change in the colour, taste or odour of their contents. Each canister must be sealed by double-seaming .so as to be fully leak-tight. 2. The canisters must be packed into cartons containing either : (a) 4 canisters of 5 kg each, or (b) 1 canister of 20 kg. The cartons must have a rupture-strength of 29 kg/cm 2 . Cartons containing 4 canisters of 5 kg must also contain separators of duplex cardboard of a rupture-strength of at least 13 kg/cm 2 . Each carton must be firmly sealed by means of adhesive applied to the entire surface area of the upper and lower flaps . 3 . A label to be affixed vertically to each canister must bear the following particulars in the language or languages of the recipient country : (a) the description : ' Butteroil ', (b) the words : 'Gift of the European Economic Community' (to be completed according to the country of destination), . (c) net weight, (d) month and year of manufacture, (e) name of the processing undertaking — in the form of a code number. In addition to the above, the following must be marked on the two sides of each carton : the manufacturer's lot number and the number of cartons making up the lot.

III . Special provisions In the case of certain specific destinations for projects involving supplies for the reconstitution of milk, special requirements may be laid down in the Regulation opening the relevant individual invitation to tender .