31976R1219

26 . 5 . 76 No L 137 / 7 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1219/ 76 of 24 May 1976 on the invitation to tender for a supply of , butteroil as food aid to the United Nations Relief and Works Agency (UNRWA) for the benefit of Palestine refu­ gees

THE COMMISSION OF THE EUROPEAN Whereas the last subparagraph of Article 6 of Regula­ COMMUNITIES, tion (EEC) No 694/76 stipulates that provision may be made for part of sums due to the tenderer to be paid in advance ; Having regard to the Treaty establishing the European Whereas the measure provided for in this Regulation Economic Community, are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products,

Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products ('), as last HAS ADOPTED THIS REGULATION : amended by Regulation (EEC) No 559/76 (2), and in particular Articles 6 (7) and 28 thereof,

Article1¶

Whereas Council Regulation (EEC) No 695/76 of 25 1 . Tenders are invited in accordance with the provi­ March 1976 on the supply of milk fats to certain devel­ sions of Regulations ( EEC) No 694/76 and ( EEC) No oping countries and international organizations under 695/76 for the manufacture and delivery cif within the the 1976 food-aid programme ^), provides inter alia meaning of Article 3, to the UNRWA, of 3 000 metric for 3 000 metric tons of butteroil obtained from butter tons of butteroil divided into the following lots : held by intervention agencies to be made available to the United Nations Relief and Works Agency, here­ — Lot A 1 : 500 metric tons cif Ashdod, inafter called 'the UNRWA', for Palestine refugees ; — Lot A 2 : 600 metric tons cif Ashdod , whereas the UNRWA has requested the supply of the — Lot B 1 : 500 metric tons cif Lattakia, abovementioned quantity ; — Lot B 2 : 500 metric tons cif Lattakia, — Lot B 3 : 500 metric tons cif Lattakia, — Lot B 4 : 400 metric tons cif Lattakia . Whereas Article 5 of Council Regulation (EEC) No 2 . Subject to the special provisions contained 694/76 of 25 March 1976 laying down general rules hereinafter, the provisions of Regulation (EEC) No for the supply of milk fats to certain developing coun­ 2247/75 shall apply by analogy to the tendering proce­ tries and international organizations under the 1976 dure and to the terms for manufacture and delivery of food-aid programme (4), requires tenders to be invited the butteroil . for this supply ;

3 . Loading shall take place by 30 July 1976 at the latest . Whereas the tendering procedure is effected following the provisions of Commission Regulation (EEC) No 2247/75 of 29 August 1975 concerning invitations to Article 2 tender for the costs of manufacture and delivery of butteroil as food aid to certain developing countries 1 . The butter to be used in manufacturing the and to the World Food Programme (5), as amended by butteroil shall be taken over : Regulation ( EEC) No 578 /76 (6) ; whereas it is still necessary to add a number of details, particularly as — from the Belgian intervention agency as regards regards the time limit for the submission of tenders Lots A 1 and A 2, and the terms of supply ; — from the Dutch intervention agency as regards Lots B 1 to B 4 . ') OJ No L 148 , 28 . 6 . 1968 , p. 13. 2 ) OJ No L 67, 15. 3 . 1976, p. 9 . 3 ) OJ No L 83 , 30 . 3 . 1976, p . 6 . 2. The butteroil shall meet the requirements for 4 ) OJ No L 83 , 30 . 3 . 1976, p. 4 . 5) OJ No L 229 , 30 . 8 . 1975, p. 60 . quality, packing and marking laid down in the Annex b) OJ No L 69 , 15 . 3 . 1976, p. 16 . to this Regulation .

No L 137 / 8 Official Journal of the European Communities 26 . 5 . 76

Article 3 2. The successful tenderer shall inform the recip­ ient organization at least 10 clear days before arrival at 1 . Delivery cif shall be deemed to take place when the port of unloading of the expected date of arrival . the goods are actually set down on the quayside at the The successful tenderer shall have a clause inserted in port of unloading or on lighters where the latter method is used . the charter party obliging the captain to give the organization of destination at least 72 hours' notice of The recipient organization shall be responsible for all the probable date of arrival of the vessel in port. expenditure incurred after delivery, including accep­ tance costs . Article 5 Any demurrage costs at the port of unloading due to 1 . The successful tenderer shall make precise in his delays for which the recipient organization is respon­ tender submitted to the intervention agency sible shall be borne by that country. The rates and concerned for how many and for which lots his tender conditions of such demurrage to be laid down in the is valid . contract between the successful tenderer and the carrier must be agreed in advance between the The maximum amount to be fixed in accordance with successful tenderer acting as agent for the Community Article 7 of Regulation (EEC) No 2247/75 shall be, and the receiving agent of the recipient organization . should it so happen, a global amount for several lots. 2 . The time limit for the submission of tenders 2. On delivery cif under the terms specified in para­ graph 1 , the recipient organization shall hand over to shall be 8 June 1976 at 12 noon . the Community's agent a taking-over certificate. Article 6 3. The intervention agency concerned is authorized to pay on presentation of the proof of goods having Furthermore, the intervention agencies shall, within a been loaded, a part payment, the amount of which period not exceeding 60 days after receipt of the must not exceed 70 % of the difference between the taking-over certificate, pay to the UNRWA a amount indicated in the tender and the price of the lump-sum contribution towards the cost of trans­ butter as fixed in Article 9 ( 1 ) of Regulation (EEC) No porting the goods from the ports of destination and of 2247/75 at present in force . distribution of 20 units of account per metric tons of butteroil delivered . Article 4 Article 7 1 . The intervention agency concerned shall notify the recipient organization of the date of loading, the This Regulation shall enter into force on the day quantity and quality of the goods as recorded at the following its publication in the Official Journal of time of loading and the port of unloading. the European Communities.

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

Done at Brussels, 24 May 1976. For the Commission

P. J. LARDINOIS Member of the Commission

26 . 5 . 76 No L 137 / 9 Official Journal of the European Communities

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 one 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 composi­ tion 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, in the language or languages of the country of destination : (a) the description 'butteroil ' ; (b) the words : 'Gift of the European Economic Community to the UNRWA for the benefit of Palestine Refugees' ; (c) net weight ; (d) month and year of manufacture ; (e) name of processing undertaking — in the form of a code number ; (f) the manufacturer's lot number ; (g) the port of destination .