31974R1445

11 . 6 . 74 Official Journal of the European Communities No L 154/ 11

REGULATION (EEC) No 1445/74 OF THE COMMISSION of 31 May 1974 concerning the supply of butteroil as food aid to UNRWA

THE COMMISSION OF THE EUROPEAN 3 . Loading shall take place : COMMUNITIES, — by 20 July 1974 at the latest, in the case of lots A Having regard to the Treaty establishing the European and B, Economic Community ; — between 1 and 15 September 1974 in the case of lots C and D. Having regard to Council Regulation (EEC) No 804/68 ( !) of 27 June 1968 on the common organiza­ tion of the market in milk and milk products, as last Article 2 amended by Regulation (EEC) No 662/74 (2), and in particular Article 6(7) and Article - 28 thereof ; 1 . The invitation to tender provided for in Article 1 Whereas Council Regulation (EEC) No 530/74 (3) of 4 shall be organized by the German intervention March 1974 laying down general rules for the supply agency. That agency shall draw up the notice of invita­ of milk fats as food aid to certain developing countries tion to tender, which shall be published in the Offi­ and certain international organizations provides for cial Journal of the European Communities not less 2 000 metric tons of butteroil obtained from butter than eight days before the closing date for the submis­ held by intervention agencies to be made available to sion of tenders . the United Nations Relief and Works Agency, herein­ after called . 'UNRWA'; whereas UNRWA has 2. The closing date for the submission of tenders requested delivery of that butteroil ; shall be 25 June 1974 at 12 noon . Whereas under Article 2 of Regulation (EEC) No 530/74 such supplies are to be put out to tender ; 3 . The intervention agency shall indicate in its notice the coldstores where the butter for the manufac­ Whereas the procedure to be adopted for this purpose ture of the butteroil is held and shall take the should in the main be taken over from that esta­ measures necessary to enable prospective tenderers to blished by Commission Regulation (EEC) No examine at their own expense, before submitting a 567/74 (4) of 8 March 1974 on the supply of butteroil tender, samples of the butter. as food aid to the countries of the Sahel and Ethiopia ;

Whereas the measures provided for in this Regulation Article 3 are in accordance with the Opinion of the Manage­ ment Committee for Milk and Milk Products, The invitation to tender shall be open only to processing undertakings approved for this purpose by HAS ADOPTED THIS REGULATION : the Member State on whose territory the processing is to take place. Only those undertakings which can Article 1 fulfil the obligations provided for in this Regulation may be approved. 1 . Tenders shall be invited in accordance with the provisions of this Regulation for the supply to UNRWA of 2 000 metric tons of butteroil produced Article 4 from butter bought-in under Article 6(1 ) of Regula­ tion (EEC) No 804/68 . 1 . Tenders, which shall be in writing, shall be submitted either by delivery by hand to the interven­ 2. Delivery shall be made cif. The butteroil shall be tion agency against acknowledgement of receipt or by divided into four lots : registered letter or telex addressed to the intervention — lot A : 500 metric tons, for delivery port of Beirut agency. (Lebanon), 2. No tender may relate to more than one lot. — lot B : 500 metric tons, for delivery port of Ashdod (Israel), . 3 . The tender shall indicate : — lot C : 500 metric tons, for delivery port of Beirut (Lebanon), (a) the name and address of the tenderer ; — lot D : 500 metric tons, for delivery port of (b) the amount, expressed in German marks, for Ashdod (Israel). which the tenderer undertakes to deliver the butter­ oil cif port of Beirut or Ashdod as the case may (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . be. This amount shall include the purchase price (2) OJ No L 85, 29 . 3 . 1974, p. 51 . of the butter on the terms laid down in Article (3) OJ No L 65, 7 . 3 . 1974, p. 1 . (4) OJ No L 69 , 12. 3 . 1974, p. 3 . 10(1 ), the costs of transporting the butter, of

No L 154/ 12 Official Journal of the European Communities 11 . 6 . 74

processing, packing and delivering the butteroil 3 . Butteroil delivered for the supply in question and the cost of insuring the goods' to their full must be manufactured exclusively from butter of value ; which delivery was taken for this purpose by the (c) the coldstore or coldstores chosen from the list of successful tenderer from the intervention agency. such stores assigned to each lot, at which the tenderer wishes to take delivery of the butter ; Article 8 (d) the port of embarkation , which may be any Comu­ nity port. In the light of the tenders received and in accordance with the procedure laid down in Article 30 of Regula­ 4. A tender shall be valid only if it relates to an entire lot . tion (EEC) No 804/68, a maximum amount, expressed in units of account, shall be fixed or alternatively a 5. A tender shall not be valid' unless accompanied decision shall be taken to make no award . • by : (a) a document certifying the approval referred to in Article 9 Article 3 ; (b) an undertaking from the tenderer that he will 1 . A tender shall be refused if the amount fulfil the obligations laid down in Articles 7 (3) proposed, converted into units of account, is more and 1 1 ; than the maximum amount fixed for the lot in ques­ tion . (c) a declaration whereby the tenderer agrees to forgo any claim as to the quality or characteristics of any butter sold to him ; 2. Without prejudice to the provisions of paragraph 1 , the successful tenderer shall for each lot be the one (d) proof that before expiry of the period set for the making the lowest offer. Where two or more valid submission of tenders the security referred to in offers specify amounts which when converted into Article 5 has been lodged. units of account are identical , the award shall be made by drawing lots. Article 5 3 . Each tenderer shall be immediately notified by 1 . The security required for the invitation to tender the intervention agency of the result of his participa­ shall be 10 units of account per metric ton of butter­ tion in the invitation to tender. oil . 2. It shall take the form, at the option of the The intervention agency concerned shall immediately inform the Commission of the name of the successful German intervention agency, either of a cheque made tenderer . out in favour of the intervention agency, or of a bank guarantee which satisfies the criteria laid down by the German Government. 4. Rights and obligations arising in connection with the invitation to tender shall not be transferable . Article 6 Article 10 1 . Delivery costs shall be the costs incurred up to the time when the goods are deposited on the quay­ 1 . The purchase price of the butter shall be 176 side or on board lighters, if used, all costs subsequent units of account per 100 kg ex coldstore . to delivery, including costs of taking delivery, to be borne by the recipient. 2. Subject to the provisions of Article 14 the 2. Any demurrage costs at the port of unloading in successful tenderer shall pay for the butter of which respect of delays attributable to the receipient shall be he takes delivery within 45 days following the final chargeable to the latter. The rates and other details' date fixed in Article 1 (3) for loading the relevant lot. concerning such costs shall be laid down in the contract between the successful tenderer and the Article 11 carrier and must have been previously agreed upon between the former and the delivery agent of the recip­ 1 . Every successful tenderer shall, by the relevant ient . date as specified in Article 1 (3), deliver cif Beirut or Ashdod as the case may be the prescribed quantity of Article 7 butteroil meeting the requirements as to quality, pack­ 1 . The German intervention agency shall take all aging and labelling laid down in the Annex to this measures necessary to ensure that the successful Regulation . The goods shall be regarded as delivered tenderer can take delivery of the butter necessary for cif when they are deposited on the quayside in the processing into butteroil from the coldstore indicated port of unloading or on board lighters, if used . in his tender. 2. Every successful tenderer shall submit to any 2 . Immediately on leaving the coldstore the butter quantitative control carried out by UNRWA. He shall shall be placed under customs control or under an for this purpose furnish a list of the lots constituting administrative control offering equivalent safeguards. each supply.

11 . 6 . 74 Official Journal of the European Communities No L 154/ 13

Article12¶

Where the processing of the butter into butteroil takes (a) processed into butteroil, and subsequently ; place in the Member State of sale, the following provi­ (b) exported as food aid (Regulation (EEC) No sions shall apply : 530/74)'. 1 . At the time of the manufacture and packing of the 'Smør bestemt til : butteroil, the competent agency of the Member State shall carry out checks to ensure that : (a) fremstilling af butteroil ; the quality and packing conform to Article (b) herefter til eksport som fødevarehjælp 3 (b) of Regulation (EEC) No 530/74 ; (forordning (E0F) nr. 530/74)'. — the requirements of Article 7 (3) are complied with . Where verification that the butteroil has been exported as specified in (b) is to take place in a 2. If. on concluding these checks the agency Member State other than that where processing as concerned finds that the relevant conditions have specified in (a) takes place, the customs office been fulfilled, it shall issue to the successful tenderer a which verifies such processing shall return the certificate to this effect. control copy to the customs office of departure, indicating that it has only verified that the goods Article 13 have been processed as specified in (a), and shall issue to the person concerned for the butteroil so If the butteroil is processed in and/or leaves the obtained one or more control copies as referred to geographical territory of the Community from a in Article 1 of Regulation (EEC) No 2315/69, with Member State other than that of sale, proof that sections 101 , 103, 104 and 106 completed ; in processing has been carried out in accordance with section 103 there shall be entered the net weight of the conditions referred to in subparagraph ( 1 ) of the butteroil after processing in accordance with Article 12 and/or that the butteroil has left the geogra­ (a) ; section 104 shall contain one of the endorse­ phical territory of the Community shall be furnished ments set out at point 2 below ; in section 106 by production of the control copy provided for in there shall be entered : Article 1 of Commission Regulation (EEC) No — the number of the control copy from the 2315/69 (') of 19 November 1969 concerning the use customs office of departure and the name of of Community transit documents for the purpose of that office ; applying Community measures for verifying the use and/or destination of goods, as last amended by Regu­ — the weight of the butter used to produce the lation (EEC) No 690/73 (2). quantity of butteroil entered in section 103 .

Sections 101 , 103 and 104 in the control copy shall be The customs office which verifies that delivery as completed. Section 104 shall be completed by dele­ specified in (b) has taken place shall endorse the ting as necessary and entering against the second control copy from the office which verified that indent one of the following endorsements : the goods had been processed as specified in (a) 1 . If the Butter is to be processed in a Member State and shall return this copy via this latter office to other than that of sale : the office of departure in the Member State of sale.

' Beurre destine : 2. If the butter is processed into butteroil in the (a) a être transformé en butteroil ; Member State of sale and is to leave the geogra­ phical territory of the Community from another (b) puis a être exporté au titre de l'aide alimentaire Member State : (règlement (CEE) n° 530/74)'. ' Butter bestimmt : ' Butteroil destine a être exporté au titre d'aide alimentaire (règlement (CEE) n° 530/74)'. (a) zur Verarbeitung zu butteroil ; 'Als Nahrungsmittelhilfe auszuführendes butteroil (b) alsdann zur Ausfuhr als Nahrungsmittelhilfe (Verordnung (EWG) Nr. 530/74)'. (Verordnung (EWG) Nr. 530/74)'. ' Burro destinato : ' Butteroil destinato ad essere esportato a titolo di aiuto alimentare (Regolamento (CEE) n . 530/74)'. (a) ad essere trasformato in butteroil ; 'Butteroil bestemd om te worden uitgevoerd als (b) ad essere esportato a titolo di aiuto alimentare voedselhulp (Verordening (EEG) nr. 530/74)'. (Regolamento (CEE) n . 530/74)'. ' Butteroil to be exported as food aid (Regulation ' Boter bestemd : (EEC) No 530/74)'. (a) om te worden verwerkt tot butteroil ; 'Butteroil bestemt til eksport som fødevarehjælp (b) om nadien te worden uitgevoerd als voedsel­ (forordning (E0F) nr. 530/74)'. hulp (Verordening (EEG) nr. 530/74)'. The customs office which verified delivery shall (•) OJ No L 295, 24. 11 . 1969, p. 14. endorse the control copy and return it to the office of (2) OJ No L 66, 13 . 3 . 1973, p. 23. departure in the Member State of sale.

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Article 14 concerned has been delivered' within the period pre­ scribed . 1 . Upon presentation : — of the documents referred to in subparagraph (2) Article 16 of Article 12 and in Article 15 and of a customs document establishing that the butteroil has left Except in cases of force majeure every successful the geographical territory of the Community tenderer shall accept all financial liability devolving where the butteroil has been processed in or left upon the Community by reason of failure to deliver the geographical territory of the Community from the butteroil at the place and by the time appointed, the Member State of sale ; provided always that UNRWA has made it possible for the butteroil to be so delivered. Costs incurred by . — of the document referred to in subparagraph ( 1 ) of reason of failure to deliver the butteroil as a result of Article 13 and in Article 15, where processing has force majeure shall be borne by the competent agency taken place in a Member State other than that of of the Member State of sale . sale ; — of the documents referred to in subparagraph (2) Article 17 of Article 12, in subparagraph (2) of Article 13 and in Article 15, where processing has taken place in 1 . Except in cases of force majeure, the security the Member State of sale and the butteroil has left required under Article 5 shall be released only in the the geographical territory of the Community from following circumstances : another Member State, (a) if the tender has been refused ; the competent agency of the Member State of sale (b) if the tenderer has not withdrawn his tender shall release each successful tenderer from his obliga­ before the contract is awarded and has produced to tion to pay the purchase price of the butter supplied the intervention agency the documents required to him , provided that the amount in respect of which under the first, second or third indent as the case such release is given does not exceed that for which may be of Article 14.(1 ); the tenderer undertook to supply the butteroil, and shall within 15 days reckoned from the day on which 2. Release of the security shall take place immedi­ the abovementioned supporting documents are ately. produced pay to him an amount equal to the differ­ ence, where this is in favour of the tenderer, between 3 . In cases of force majeure the intervention agency the aforesaid two amounts . selling the butter shall decide on the measures to be taken having regard to the circumstances invoked . 2. Furthermore, the competent agency of the Member State of sale shall, within a period not Article 18 exceeding 60 days, pay to UNRWA a lump-sum contribution towards the cost of transporting the No refund or compensatory amount (whether mone­ goods on from the ports of destination and of distribu­ tary or accession) shall be applied in respect of the tion of 15 units of account per metric ton of butteroil butter or butteroil to which this Regulation applies. delivered . Article 19 Article 1 "> This Regulation shall enter into force on the third day On delivery in accordance with Article 11 , UNRWA following its publication in the Official Journal of shall issue a certificate declaring that the lot 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

11 . 6. 74 Official Journal of the European Communities No L 154/ 15

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 bunged metal drums of 200 kg net weight, fully filled and hermetically sealed in an atmosphere of nitrogen . The drums should be strong enough to with­ stand 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 drum must be fully leak-tight. 2. A label to be affixed to each drum must bear the following particulars : (a) the description 'butteroil', (b) the words : — 'Don de la Communaute economique europeenne — 'Action Office de secours et de travaux des Nations Unies pour les refugies de Palestine', (c) net weight, (d) month and year of- manufacture, (e) name of the processing undertaking — in the form of a code number, (f) the manufacturer's lot number, (g) the port of destination .