31974R2121

No L 222/ 10 Official Journal of the European Communities 12. 8 . 74

REGULATION (EEC) No 2121/74 OF THE COMMISSION of 9 August 1974 on the supply of butteroil as food aid to the World Food Programme

THE COMMISSION OF THE EUROPEAN 530/74, invitations to tender as provided for in COMMUNITIES, Article 2 of that Regulation shall be organized in accordance with the detailed rules laid down in this Regulation. Having regard to the Treaty establishing the European Economic Community ;

Article 2 Having regard to Council Regulation (EEC) No 804/68 i 1 ) of 27 June 1968 on the common organization of the market in milk and milk 1 . The intervention agency concerned shall give products, as last amended by Regulation (EEC) No notice of an invitation to tender, indicating in 662/74 (2), and in particular Articles 6 (7) and 28 particular : thereof ; — the location of the coldstore or stores where the butter which is to be manufactured into butteroil Whereas Council Regulation (EEC) No 530/74 (s) of is held ; 4 March 1974 laying down general rules for the supply of milk fats as food aid to certain developing — the quantity of butteroil to be delivered; countries and certain international organizations provides inter alia that 15 000 metric tons of butteroil — the Community ports to which butteroil may be delivered ; processed from butter held by the intervention agencies are to be made available to the World Food — the closing date and address for the receipt of Programme, hereinafter called WFP; tenders;

Whereas under Article 2 of Regulation (EEC) No — the date on which delivery is to take place. 530/74 the costs of processing, packaging and transport in respect of each supply are in principle to 2. The notice of invitation to tender shall be be put out to tender ; published in the Official Journal of the European Communities at least 10 days before the closing date Whereas the procedure to be adopted for this for the submission of tenders. purpose should in the main be taken over from that established by Commission Regulation (EEC) No 3 . The intervention agency shall take the measures 1365/74 (4 ) of 31 May 1974 on the supply of necessary to enable prospective tenderers to examine butteroil as food aid to certain developing countries; at their own expense, before submitting a tender, samples of the butter. Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Management Committee for Milk and Milk Products, Article 3

The invitation to tender shall be open only to HAS ADOPTED THIS REGULATION : processing undertakings approved for this purpose by the Member State on whose territory the processing is to take place. Only those undertakings capable of Article 1 meeting the obligations provided for in this Regulation may be approved. Where it is decided to supply butteroil fas to the WFP in accordance with Regulation (EEC) No Article 4

(!) OJ No L 148, 28. 6. 1968, p. 13. 1 . Tenders, which shall be in writing, shall be (2 ) OJ No L 85 , 29 . 3. 1974, p. 51 . submitted either by delivery by hand to the (3 ) OJ No L 65, 7. 3 . 1974, p. 1 . intervention agency against acknowledgement of (4 ) OJ No L 147, 1 . 6. 1974, p. 46. receipt or by registered letter addressed to the

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intervention agency. The intervention agency may Article 6 also authorize the use of telex for the submission of tenders. 1 . The intervention agency shall make the necessary arrangements to enable the successful 2. Where the invitation to tender is in respect of tenderer to take delivery at the coldstore indicated in two or more lots, no tender may relate to more than his tender of the butter required for processing into one lot. butteroil . 3 . The tender shall indicate : 2. Immediately on leaving the coldstore and until (a) the name and address of the tenderer; the moment when it leaves the geographical territory of the Community in the form of butteroil, the butter (b ) the price at which the tenderer undertakes to shall be placed under customs control or under an make the supply in question, expressed in the administrative control offering equivalent safeguards. currency of the Member State in which the invitation to tender is made; such price shall 3 . Butteroil delivered for the supply in question include the purchase price of the butter on the must be manufactured exclusively from butter of terms laid flown in Articles 9 and 13 , the costs of which delivery was taken for this purpose by the processing, packing and delivering the butteroil successful tenderer from the intervention agency. and the cost of insuring the goods to their full value ; (c) the coldstores or stores, chosen from the list of Article 7 such stores in the notice of invitation to tender, at which the tenderer wishes to take delivery of the butter; In the light of the tenders received and in accordance with the procedure laid down in Article 30 of (d) the Community port to which the butteroil is to Regulation (EEC) No 804/68, a maximum price, be delivered, chosen from among the ports expressed in units of account, shall be fixed, or designated for the purpose of the invitation to alternatively a decision shall be taken to make no tender in question. award.

4. A tender shall be valid only if it relates to an entire lot. Article 8 5 . A tender shall not be valid unless accompanied by: 1 . A tender shall be refused if the price proposed, converted into units of account, is more than the (a) a document certifying the approval referred to in maximum price fixed for the lot in question. Article 3 ; (b) an undertaking from the tenderer that he will 2. Subject as provided in paragraph 1, the successful tenderer shall for each lot be the one fulfil the obligations laid down in Articles 6 (3) and 10 ; making the lowest offer. Where two or more valid offers specify identical amounts the award shall be (c) a declaration whereby the tenderer agrees to made by drawing lots. forgo any claim as to the quality or characteristics of any butter sold to him; 3. Each tenderer shall be immediately notified by (d) proof that before expiry of the period set for the the intervention agency of the result of his submission of tenders the security referred to in participation in the invitation to tender. Article 5 has been given. 4. The intervention agencies shall immediately inform the Commission of the names of the Article S successful tenderer or tenderers.

1 . The security required for the invitation to 5. Rights and obligations arising in connection tender shall be 10 units of account per metric ton of with the invitation to tender shall not be transferable. butteroil.

2. It shall take the form, at the option of the Article 9 Member State concerned, either of a cheque made out in favour of the intervention agency, or of a bank guarantee which satisfies the criteria fixed by the 1 . The purchase price of the butter shall be 176 Member State. units of account per 100 kg, ex coldstore.

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2. Subject as provided in Article 13 all butter of Community transit documents for the purpose of supplied to a successful tenderer shall be paid for by applying Community measures for verifying the use him and it shall be removed within 45 days following and/or destination of goods, as last amended by the date fixed by the intervention agency for delivery Regulation (EEC) No 690/73 (2 ). of the butteroil . Sections 101 , 103 and 104 on the control copy shall be completed. Section 104 shall be completed by Article 10 deleting as necessary and entering against the second indent one of the following endorsements : 1 . Every successful tenderer shall on the date fixed by the WFP deliver at the port specified in the tender a quantity of butteroil equal to the quantity likewise 1 . If the butter is to be processed in a Member State other than that of sale : therein specified and meeting the requirements as to quality and packaging laid down in the Annex to this Regulation. 'Beurre destin6 :

The goods shall be regarded as delivered when they ( a) k être transformé en butteroil are deposited in the port of shipment at a point designated by the WFP or its agent. (b) puis & être livre au titre de l'aide alimentaire au PAM (règlement (CEE) n° 530/74)'; 2. The tenderer shall submit to all quality controls effected at the port by the WFP representative. He 'Butter bestimmt : shall supply for this purpose a list setting out the numbers of the manufacturing lots constituting the ( a) zur Verarbeitung zu butteroil supply and specifying the number of cartons (b ) alsdann zur Lieferung als Nahrungsmittelhilfe concerned . an das WEP (Verordnung (EWG) Nr. 530/74)'; Article 1 1 'Burro destinato : Where the processing of the butter into butteroil takes place in the Member State of sale, the following (a ) ad essere trasformato in butteroil provisions shall apply : (b ) ad essere consegnato a titolo di aiuto alimentare al PAM (Regolamento (CEE) n. 1 . At the time of the manufacture and packing of the 530/74)'; butteroil, the competent agency of the Member State in question shall carry out checks to ensure compliance with the requirements laid down in 'Boter bestemd : — Article 3 (b ) of Regulation (EEC) No 530/74 ( a) om te worden verwerkt tot butteroil and in (b ) om nadien te worden geleverd als voedselhulp — Article 6 (3 ) of this Regulation. aan het WVP (Verordening (EEG) nr. 530/74)'; 2. If on concluding these checks the agency concerned finds that the relevant conditions have 'Butter to be : been fulfilled, it shall issue to the successful tenderer a certificate to this effect. ( a) processed into butteroil, and subsequently

(b ) delivered as food aid to the WFP (Regulation Article 12 (EEC ) No 530/74)';

Where the processing of the butter and/or delivery of 'Smør bestemt til : the butteroil takes place in a Member State other than that of sale, proof that the butter has been ( a) fremstilling af butteroil processed in accordance with the requirements ( b) herefter til levering som fødevarehjaelp til referred to in subparagraph ( 1 ) of Article 11 and/or WFP (forordning (E0F) nr. 530/74)'; that the butteroil has been delivered shall be furnished by production of the control copy provided for in Article 1 of Commission Regulation (EEC) No Where verification that the butteroil has been 2315/69 (*) of 19 November 1969 concerning the use delivered as specified in (b) is to take place in a

H OJ No L 295, 24. 11 . 1969, p. 14. (2 ) OJ No L 66, 13 . 3 . 1973, p. 23 .

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Member State other than that where processing as — of the documents referred to in subparagraph ( 1 ) specified in (a) takes place, the customs office of Article 12 and in Article 14, where processing which verifies such processing shall return the has taken place in a Member State other than that control copy to the customs office of departure, of sale, indicating that it has only verified that the goods — of the documents referred to in subparagraph (2) have been processed as specified in (a), and shall of Article 11 , in subparagraph (2) of Article 12 issue to the person concerned in respect of the and in Article 14, where processing has taken butteroil so obtained one or more control copies place in the Member State of sale and delivery has as referred to in Article 1 of Regulation (EEC) No taken place in another Member State, 2315 / 69 . On such copy or copies : sections 101 , 103 , 104 and 106 shall be completed ; in section the competent agency of the Member State of sale 103 there shall be entered the net weight of the shall release each successful tenderer from his butteroil after processing as specified in (a); obligation to pay the purchase price of the butter section 104 shall contain one of the endorsements supplied to him — save in respect of any amount set out in subparagraph 2 below; in section 106 whereby such price exceeds that at which the there shall be entered : tenderer undertook to supply the butteroil — and — the number of the control copy from the shall within 15 days, reckoned from the day on which customs office of departure and the name of the abovementioned supporting documents are that office ; produced, pay to him an amount equal to the difference, where this is in favour of the tenderer, — the weight of the butter used to produce the between the aforesaid two prices . quantity of butteroil entered in section 103 . The customs office which verifies that delivery as 2. The competent agency of the Member State of specified in (b ) has taken place shall endorse the sale shall in addition pay to the WFP in respect of control copy from the office which verified that each consignment of butteroil, within 60 days of the the goods had been processed as specified in ( a) date on which the WFP takes delivery thereof, a and shall return this copy via this latter office to flat-rate contribution of 80 units of account per metric ton of butteroil delivered towards the cost of the office of departure in the Member State of sale. transporting and distributing such butteroil.

2. If the butter is processed into butteroil in the Member State of sale and is to be delivered in Article 14 another Member State : On delivery of the butteroil at the port of 'Butteroil destine a etre livre a titre de l'aide embarkation the representative of the WFP shall give alimentaire au PAM (reglement (CEE) n° 530/74)'; the successful tenderer, as agent for the Community, 'Als Nahrungsmittelhilfe zu lieferndes butteroil an a letter certifying that the WFP has taken delivery of the said butteroil . das WEP (Verordnung (EWG) Nr. 530/74)';

'Butteroil destinato ad essere consegnato a titolo Article 15 di aiuto alimentare al PAM (regolamento (CEE) n. 530/74 )'; Except in cases of force majeure every successful 'Butteroil bestemd om te worden geleverd als tenderer shall accept all financial liability devolving voedselhulp aan het WVP (Verordening (EEG) nr. upon the Community by reason of failure to deliver 530/74)'; the butteroil at the place and by the time appointed, provided always that the WFP has made it possible 'Butteroil to be delivered as food aid to the WFP for the butteroil to be so delivered. (Regulation (EEC) No 530/74)'; 'Butteroil bestemd til levering som fodevarehjaslp Costs incurred by reason of failure to deliver the til WFP (forordning (E0F) nr. 530/74)'. butteroil as a result of force majeure shall be borne by the competent agency of the Member State of sale. The customs office which verified delivery shall endorse the control copy and return it to the office of departure in the Member State of sale. Article 16

Article 13 1 . Except in cases of force majeure, the security required under Article 5 shall be discharged only in 1 . Upon presentation : the following circumstances : — of the documents referred to in subparagraph (2) ( a) if the tender has been refused ; of Article 11 and in Article 14, where both processing of the butter and delivery of the butter­ ( b ) if the tenderer has not withdrawn his tender oil have taken place in the Member State of sale, before the contract is awarded and has produced

No L 222/ 14 Official Journal of the European Communities 12 . 8 . 74

to the intervention agency the documents Article 17 required under the first, second or third indent as the case may be of Article 13 ( 1 ). No refund or compensatory amount (whether monetary or accession) shall be applicable in respect of butter and butteroil to which this Regulation 2. Discharge of the security shall take place relates . immediately. Article 18 3 . In cases of force majeure, the intervention agency selling the butter shall take such decision as This Regulation shall enter into force on the third may be necessary having regard to the circumstances day following its publication in the Official Journal invoked . of the European Communities.

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

Done at Brussels, 9 August 1974.

For the Commission The President

Francois-Xavier ORTOI.I

12 . 8 . 74 Official Journal of the European Communities No L 222/ 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 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 df 5 kg each, or (b) 1 canister of 20 kg.

The cartons must have a rupture-strength of least 29 kg/cm2.

Cartons containing 4 canisters of 5 kg must also contain separators of duplex card­ board of a rupture-strength of at least 13 kg/cm8.

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 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, delivered by the World Food Programme', (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, there must be indicated vertically 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 recon­ stitution of milk, special requirements may be laid down in the Regulation opening the relevant individual invitation to tender.