31976R0291

No L 37 / 8 Official Journal of the European Communities 12. 2. 76

COMMISSION REGULATION ( EEC) No 291 /76 of 10 February 1976 on an invitation to tender for the supply of butteroil bought on the Community market to UNICEF as food aid for India

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

Article 1 Having regard to the Treaty establishing the European Economic Community, 1 . Tenders are invited in accordance with the provi­ sions of Regulations (EEC) No 1541 /75 and (EEC) No 1542/75 for the supply to UNICEF of 1 220 metric Having regard to Council Regulation (EEC) No tons of butteroil for India manufactured from butter­ 804/68 of 27 June 1968 on the common organization fats which are of Community origin and not taken of the market in milk and milk products ( J ), as last from public stocks, divided as follows : amended by Regulation (EEC) No 740/75 (2), and in particular Article 6 (7) thereof, — Lot A : 200 metric tons to be delivered cif Bombay, — Lot B : 510 metric tons to be delivered cif Whereas Council Regulation (EEC) No 1542/75 of 16 Calcutta, June 1975 on the supply of milk fats as food aid to — Lot C : 510 metric tons to be delivered cif certain developing countries and international organi­ Calcutta . zations under the 1975 food-aid programme (3), provides inter alia the supply of 2 000 metric tons of 2. As regards the tendering procedure and the butteroil to UNICEF delivered destination ; whereas conditions governing the manufacture of the butteroil, UNICEF has made a request for delivery of 1 220 the provisions of Regulation (EEC) No 2660/75 shall metric tons of butteroil ; apply by analogy, without prejudice to the special provisions below. Whereas on account of the market situation for butter in the Community, the supply of the abovementioned Article 2 quantity should be ensured by means of butterfat avail­ able on the Community market in accordance with 1 . The butteroil shall comply, as regards quality Article 2 (2) of Council Regulation (EEC) No 1541 /75 and packaging, with the conditions laid down in the of 16 June 1975 laying down general rules for the Annex to Regulation (EEC) No 2660/75 and shall be supply of milk fats as food aid to certain developing put up in 5 kg canisters only. countries and international organizations under the 1975 food-aid programme ^); 2. The words to be printed on the packaging, as provided in Chapter II 2 (b) of the abovementioned Annex, shall be the following : Whereas an invitation to tender should therefore be issued for which detailed rules should in the main be 'Butteroil — Gift of the European Economic Commu­ nity — Action of UNICEF.' those of Commission Regulation (EEC) No 2660/75 of 20 October 1975 on invitations to tender for the supply of butteroil bought on the Community market Article 3 as food aid to certain developing countries and to the World Food Programme (5), except for the provisions 1 . Loading shall take place as soon as possible and concerning the way of delivery ; not later than 15 April 1976.

2. Delivery cif shall be deemed to take place when Whereas the measures provided for in this Regulation the goods are actually set down on the quayside at the are in accordance with the opinion of the Manage­ port of unloading or on lighters where the latter ment Committee for Milk and Milk Products, method is used .

(!) OJ No L 148 , 28 . 6. 1968 , p. 13 . 3. The recipient organization shall remit at the (2) OJ No L 74, 22. 3 . 1975, p. 1 . delivery cif, to the successful tenderer, a certificate (3) OJ No L 157, 19 . 6. 1975, p. 6. (<) OJ No L 157, 19 . 6. 1975, p. 4. proving the taking of the goods as referred to in 5) OJ No L 270, 21 . 10 . 1975, p. 11 . Article 1 1 (2) of Regulation (EEC) No 2660/75.

12 . 2 . 76 Official Journal of the European Communities No L 37/9

4. The recipient organization shall be responsible pated date. The successful tenderer has a clause for all expenditure incurred after delivery, including inserted in the charter-party obliging the captain to acceptance costs . give the country of destination at least 72 hours notice of the probable date of arrival of the vessel in port. Any demurrage costs at the port of unloading due to delays for which the recipient organization is respon­ sible shall be borne by that country. Article 5

The rates and conditions of such demurrage to be laid 1 . As regards to the tenders introduced for Lots B down in the contract between the successful tenderer and C referred to in Article 1 ( 1 ) by way of derogation and the carrier must be agreed in advance between the from Article 4 (2) of Regulation (EEC) No 2660/75, successful tenderer acting as agent for the Community the tenderer shall indicate if his tender is valid for one and the receiving agent of the recipient organization . or both lots mentioned .

Article 4 2. The closing date for the submission of tenders shall be 9 March 1976 at 12 noon . 1 . The intervention agency concerned shall notify to the recipient organization the date of loading, the Article 6 quantity and quality of the goods as recorded at the time of loading, the port of unloading. This Regulation shall enter into force on the day 2. The successful tenderer shall inform the recip­ following its publication in the Official Journal of ient organization at least 10 days before the antici­ the European Communities.

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

Done at Brussels, 10 February 1976 . For the Commission

P.J. LARDINOIS Member of the Commission