31975R2597

14 . 10 . 75 Official Journal of the European Communities No L 265/ 5

REGULATION ( EEC) No 2597 /75 OF THE COMMISSION of 9 October 1975 concerning an invitation to tender for the costs of manufacture and delivery of butteroil as food aid to UNRWA

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES,

Article 1 Having regard to the Treaty establishing the European 1 . Tenders shall be invited in accordance with the Economic Community ; provisions of this Regulation for the supply to UNRWA of 3 000 metric tons of butteroil produced from butter bought in under Article 6 ( 1 ) of Regula­ Having regard to Council Regulation (EEC) No tion ( EEC) No 804/ 68 . 804/68 (') of 27 June 1968 on the common organiza­ tion of the market in milk and milk products , as last 2. Delivery shall be made cif, following Article 1 1 amended by Regulation (EEC) No 740/75 (2), and in ( 1 ) (2). The butteroil shall be divided into seven lots : particular Articles 6 (7) and 28 thereof ; — lot A : 450 metric tpns, for delivery port of Beirut ( Lebanon), Whereas Council Regulation (EEC) No 1 542/75 (3) of — lot B : 450 metric tons, for delivery port of Beirut 16 June 1975 on the supply of milk fats, under the ( Lebanon), 1975 food-aid programme, to certain developing coun­ — lot C : 450 metric tons, for delivery port of Beirut tries and to certain international organizations , (Lebanon ), provides for 3 000 metric tons of butteroil obtained from buffer held by intervention agencies to be made — lot D : 450 metric tons, for delivery port of Beirut available to the United Nations Relief and Works ( Lebanon ), Agency, hereinafter called ' UNRWA' ; whereas — lot E : 400 metric tons, port of Ashdod (Israel), UNRWA has requested delivery of that butteroil ; — lot F : 400 metric tons, port of Ashdod ( Israel), — lot G : 400 metric tons, port of Ashdod (Israel), Whereas under Article 5 of Council Regulation ( EEC) 3 . Loading shall take place by 20 December 1975 No 1541 /75 (4) of 16 June 1975 laying down general at the latest . rules for the supply of milk fats, under the 1975 food­ aid programme to certain developing countries and to certain international organizations, such supplies are Article 2 to be put out to tender ;

1 . The invitation to tender provided for in Article 1 shall be organized by the German intervention Whereas the procedure to be adopted for this purpose agency, as regards Lots A to D, and by the Dutch should in the main be taken over from that esta­ intervention agency as regards lots E to G. blished by Commission Regulation (EEC) No 2247 /75 ( 5) of 29 August 1975 on the terms of invita­ These intervention agencies shall draw up the notice tions to tender for the costs of manufacture and of invitation to tender, which shall be published in delivery of butteroil , under the food-aid programme to the Official Journal of the European Communities certain developing countries and to the World Food not less than 10 days before the closing date for the Programme ; submission of tenders .

2 . The closing date for the submission of tenders Whereas the measures provided tor in this Regulation shall be 28 October 1975 at 12 noon . are in accordance with the Opinion of the Manage­ ment Committee for Milk and Milk Products, 3 . The intervention agencies concerned shall indi­ cate in their notice the coldstores where the butter for ') OJ No L 148 , 28 . 6 . 1968 , p. 13 . the manufacture of the butteroil is held and shall take -') OJ No L 74, 22 . .i . 1975, p. 1 . the measures necessary to enable prospective tenderers 3 ) OJ No L 157 , 19 . 6 . 1975 , p. 6 . 4 ) OJ No L 157, 19 . 6 . 1975 , p. 4. to examine at their own expense , before submitting a ') 0 | No L 229 , .«). 8 . 1975 , p. 60 . tender, samples of the butter.

No L 265 / 6 Official Journal of the European Communities 14 . 10 . 75

Article3¶

The invitation to tender shall be open only to 1 . The security required for the invitation to tender processing undertakings approved for this purpose by shall be 15 units of account per metric ton of butter­ the Member State on whose territory the processing is oil . to take place . Only those undertakings which can fulfil the obligations provided for in this Regulation 2. It shall take the form , at the option of the inter­ may be approved . vention agency concerned, either of a cheque made out in favour of the intervention agency, or of a bank guarantee which satisfies the criteria laid down by the Article 4 Member State in question .

1 . Tenders, which shall be in writing, shall be Article 6 submitted either by delivery by hand to the interven­ tion agency concerned against acknowledgement of receipt or by registered letter or telex addressed to the 1 . Delivery costs shall be the costs incurred up to intervention agency. the time when the goods are deposited on the quay­ side or on board lighters, if used, all costs subsequent 2 . No tender may relate to more than one lot . to delivery, including costs of taking delivery, to be borne by the recipient . 3 . The tender shall indicate : 2. Any demurrage costs at the port of unloading in (a) the name and address of the tenderer ; respect of delays attributable to the receipient shall be chargeable to the latter. The rates and other details (b) the amount, for which the tenderer undertakes to concerning such costs shall be laid down in the deliver the butteroil cif port of Beirut or Ashdod contract between the successful tenderer and the as the case may be, expressed in the currency of carrier and must have been previously agreed upon the Member State in the location of the invitation between the former acting as agent of the Community to tender. This amount shall include the purchase and the delivery agent of the recipient. price of the butter on the terms laid down in Article 10 ( 1 ), the costs of transporting the butter, of processing, packing and delivering the butteroil on the terms laid down in Article 6 and the cost Article 7 of insuring the goods to their full value ; (c) the coldstore or coldstores chosen from the list of 1 . The intervention agency concerned shall take all such stores assigned to each lot, at which the measures necessary to ensure that the successful tenderer wishes to take delivery of the butter ; tenderer can take delivery of the butter necessary for processing into butteroil from the coldstore indicated (d) the port of embarkation, which may be any in his tender. Community port .

2. Immediately on leaving the coldstore the butter 4. A tender shall be valid only if it relates to an shall be placed under customs control or under an entire lot . administrative control offering equivalent safeguards.

5 . A tender shall not be valid unless accompanied 3 . Butteroil delivered for the supply in question by : must be manufactured exclusively from butter of which delivery was taken for this purpose by the (a) a document certifying the approval referred to in successful tenderer from the intervention agency in Article 3 ; question . (b) an undertaking from the tenderer that he will fulfil the obligations laid down in Articles 7 (3) and 1 1 ; Article 8 (c) a declaration whereby the tenderer agrees to forgo any claim as to the quality or characteristics of any In the light of the tenders received and in accordance butter sold to him ; with the procedure laid down in Article 30 of Regula­ (d) proof that before expiry of the period set for the tion ( EEC) No 804/ 68 , a maximum amount, expressed submission of tenders the security referred to in in units of account, shall be fixed or alternatively a decision shall be taken to make no award . Article 5 has been lodged .

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Article 9 1 . At the time of the manufacture and packing of the butteroil, the competent agency of the Member 1 . A tender shall be refused if the amount State shall carry out checks to ensure that : proposed, converted into units of account, is more — the quality and packing conform to Article 6 than the maximum amount fixed for the lot in ques­ tion . (b) of Regulation (EEC) No 1541 /75, — the requirements of Article 7 (3) of this Regula­ 2. Without prejudice to the provisions of paragraph tion are complied with . 1 , the successful tenderer shall for each lot be the one making the lowest offer. Where two or more valid 2. If on concluding these checks the agency offers specify amounts which when converted into concerned finds that the relevant conditions have units of account are identical , the award shall be made been fulfilled , it shall issue to the successful by drawing lots . tenderer a certificate to this effect .

3 . Each tenderer shall be immediately notified by the intervention agency of the result of his participa­ Article 13 tion in the invitation to tender.

If the butteroil is processed in and/or leaves the The intervention agency concerned shall immediately inform the Commission of the name of the successful geographical territory of the Community from a tenderer . Member State other than that of sale, proof that processing has been carried out in accordance with the conditions referred to in subparagraph ( 1 ) of 4. Rights and obligations arising in connection Article 12 and/or that the butteroil has left the geogra­ with the invitation to tender shall not be transferable . phical territory of the Community shall be furnished by production of the control copy provided for in Article 1 of Commission Regulation (EEC) No Article 10 2315/69 (') of 19 November 1969 concerning the use of Community transit documents for the purpose of 1 . The purchase price of the butter shall be 210 applying Community measures for verifying the use units of account per 100 kg ex coldstore. and/or destination of goods, as last amended by Regu­ lation ( EEC) No 690 /73 (2 ). 2 . Subject to the provisions of Article 14 the successful tenderer shall pay for the butter of which Sections 101 , 103 and 104 in the control copy shall be he takes delivery within 45 days following the final completed . Section 104 shall- be completed by dele­ date fixed in Article 1 (3) for loading. ting as necessary and entering against the second indent one of the following endorsements :

Article 11 1 . If the Butter is to be processed in a Member State other than that of sale : 1 . Every successful tenderer shall , by the relevant date as specified in Article 1 (3), deliver cif Beirut or ' Beurre destine : Ashdod as the case may be the prescribed quantity of butteroil meeting the requirements as to quality, pack­ (a) a etre transforme en butteroil ; aging and labelling laid down in the Annex to this (b) puis à être exporté au titre de 1 aide alimentaire Regulation . (règlement (CEE) n0 1541 /75)'. The goods shall be regarded as delivered cif when Butter bestimmt : they are deposited on the quayside in the port of unloading or on board lighters, if used . (a) zur Verarbeitung zu butteroil ; 2 . Every successful tenderer shall submit to any (b) alsdann zur Ausfuhr als Nahrungsmittelhilfe quantitative control carried out by UNRWA. He shall (Verordnung ( EWG) Nr. 1541 / 75)' for this purpose furnish a list of the lots constituting each supply . ' Burro destinato :

(a) ad essere trasformato in butteroil ; Article 12 (b) ad essere esportato a titolo di aiuto alimentare (Regolamento (CEE) n . 1541 /75)' Where the processing of the butter into butteroil takes place in the Member State of sale, the following provi­ (■) OJ No L 295, 24 . II . 1969 , p . 14 . sions shall apply : (2) OJ No L 66, 13 . 3 . 1973, p . 23 .

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Boter bestemd : ' Butteroil to be exported as food aid (Regulation (EEC) No 1541 /75)' (a) om te worden verwerkt tot butteroil ; ' Butteroil bestemt til eksport som fødevarehjælp (b) om nadien te worden uitgevoerd als voedsel­ (forordning (EØF) nr. 1541 /75)'. hulp (Verordening (EEG) nr. 1541 /75)'

Butter to be : The customs office which verified delivery shall endorse the control copy and return it to the office of (a) processed into butteroil , and subsequently ; departure in the Member State of sale . (b) exported as food aid (Regulation (EEC) No 1541 /75)' Article 14 ' Sm0r bestemt til : (a) fremstilling af butteroil ; 1 . Upon presentation : (b) herefter til eksport som fødevarehjælp — of the documents referred to in subparagraph (2) (forordning (EØF) nr. 1541 /75)'. of Article 12 and in Article 15 and of a customs document establishing that the butteroil has left Where verification that the butteroil has been the geographical territory of the Community exported as specified in (b) is to take place in a where the butteroil has been processed in or left Member State other than that where processing as the geographical territory of the Community from specified in (a) takes place, the customs office the Member State of sale , which verifies such processing shall return the control copy to the customs office of departure , — of the document referred to in subparagraph ( 1 ) of indicating that it has only verified that the goods Article 13 and in Article 15, where processing has have been processed as specified in (a), and shall taken place in a Member State other than that of issue to the person concerned for the butteroil so sale, obtained one or more control copies as referred to — of the documents referred to ih subparagraph (2) in Article 1 of Regulation (EEC) No 2315/69, with of Article 12, in subparagraph (2) of Article 13 and sections 101 , 103 , 104 and 106 completed ; in in Article 15, where processing has taken place in section 103 there shall be entered the net weight of the Member State of sale and the butteroil has left the butteroil after processing in accordance with the geographical territory of the Community from (a); section 104 shall contain one of the endorse­ another Member State, ments set out at point 2 below ; in section 106 there shall be entered : the competent agency of the Member State of sale — the number of the control copy from the shall release each successful tenderer from his obliga­ customs office of departure and the name of tion to pay the purchase price of the butter supplied that office , to him , provided that the amount in respect of which such release is given does not exceed that for which — the weight of the butter used to produce the the tenderer undertook to supply the butteroil , and quantity of butteroil entered in section 103 . shall within 1 5 days reckoned from the day on which the abovementioned supporting documents are The customs office which verifies that delivery as produced pay to him an amount equal to the differ­ specified in (b) has taken place shall endorse the ence , where this is in favour of the tenderer, between control copy from the office which verified that the aforesaid two amounts . the goods had been processed as specified in (a) and shall return this copy via this latter office to the office of departure in the Member State of sale . 2 . Furthermore , the competent agency of the Member State of sale shall , within a period not 2 . If the butter is processed into butteroil in the exceeding 60 days, pay to UNRWA a lump-sum Member State of sale and is to leave the geogra­ contribution towards the cost of transporting the phical territory of the Community from another goods from the ports of destination and of distribution Member State : of 20 units of account per metric ton of butteroil deliv­ ered . ' Butteroil destiné à être exporté au titre d aide alimentaire ( règlement (CEE) n 0 1541 / 75)' ' Als Nahrungsmittelhilfe auszuführendes butteroil Article /5 (Verordnung ( EWG) Nr. 1541 /75)' ' Butteroil destinato ad essere esportato a titolo di On delivery in accordance with Article 11 , UNRWA aiuto alimentare (Regolamento (CEE) n . 1541 /75)' shall issue a certificate declaring that the lot Butteroil bestemd om te worden uitgevoerd als concerned has been delivered within the period pres­ cribed . voedselhulp (Verordening ( EEG) nr. 1541 /75)'

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Article 16 under the first, second or third indent as the case may be of Article 14 ( 1 ); Except in cases of force majeure every successful tenderer shall • accept all financial liability devolving 2. Release of the security shall take place immedi­ upon the Community by reason of failure to deliver ately. the butteroil at the place and by the time appointed, Article 18 provided always that UNRWA has made it possible for the butteroil to be so delivered. Costs incurred by In cases of force majeure the intervention agency reason of failure to deliver the butteroil as a result of selling the butter shall decide on the measures to be force majeure shall be borne by the competent agency taken having regard to the circumstances invoked. of the Member State of sale and by the Community. Article 19 Article 17 No refund or compensatory amount (whether mone­ 1 . Except in cases of force majeure, the security tary or accession) shall be applied in respect of the required under Article 5 shall be released only in the butter or butteroil to which this Regulation applies. following circumstances : Article 20 (a) if the tender has been refused ; (b) if the tenderer has not withdrawn his tender This Regulation shall enter into force on the third day before the contract is awarded and has produced to following its publication in the Official Journal of the intervention agency the. documents required the European Communities.

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

Done at Brussels, 9 October 1975 .

For the Commission

P.J. LARDINOIS Member of the Commission

No L 265/ 10 Official Journal of the European Communities 14 . 10 . 75

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 coated inside with an alimentary varnish, of 190 kg net weight, fully filled and, hermetically sealed in an atmosphere of nitrogen . The drums 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 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 Communauté économique européenne ; — 'Action Office de secours et de travaux des Nations Unies pour les réfugiés de Pales­ tine', (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 .