31976R2002

No L 220/ 16 13 . 8 . 76 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2002/76 of 10 August 1976 on the invitation to tender for the supply of butteroil to certain third countries as food aid for UNICEF

THE COMMISSION OF THE EUROPEAN for the supply of milk fats under the 1975 food-aid COMMUNITIES, programme to certain developing countries and to certain international organizations (6), and Article 5 of Council Regulation (EEC) No 694/76 of 25 March Having regard to the Treaty establishing the European 1976 laying down general rules for the supply of milk Economic Community, fats to certain developing countries and international organizations under the 1976 food-aid programme (7), Having regard to Council Regulation (EEC) No require tenders to be invited for such supplies ; 804/68 of 27 June 1968 on the common organization of the market in milk and milk products ('), as last Whereas the tendering procedure is effected following amended by Regulation (EEC) No 559/76 (2), and in the provisions of Commission Regulation (EEC) No particular Article 6 (7) thereof, 2247/75 of 29 August 1975 concerning invitations to tender for the costs of manufacture and delivery of butteroil as food aid to certain developing countries Whereas Council Regulation (EEC) No 1542/75 of 16 and to the World Food Programme (8), as amended by June 1975 on the supply of milk fats under the 1975 Regulation (EEC) No 578/76 (9) ; whereas, it is still food-aid programme to certain developing countries necessary to add a number of details, particularly as and to certain international organizations (3), provides regards the time limit for the submission of tenders inter alia for the supply to UNICEF of 2 000 metric and the terms of supply ; tons of butteroil obtained from butter held by the intervention agencies ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Whereas Council Regulation (EEC) No 695/76 of 25 ment Committee for Milk and Milk Products, March 1976 on the supply of milk fats to certain deve­ loping countries and international organizations under the 1976 food-aid programme ^), provides inter alia for the supply to UNICEF of 2 000 metric tons of butteroil obtained from butter held by the interven­ HAS ADOPTED THIS REGULATION : tion agencies ;

Whereas, in accordance with Council Regulation (EEC) No 1527/76 of 21 June 1976 on the emergency Article 1 supply of butteroil to the Office of the United Nations High Commissioner for Refugees and the United Nations Children 's Fund as food aid for the 1 . Tenders are invited, pursuant to the provisions laid down in Regulations (EEC) No 1541 /75, (EEC) people of Vietnam under Regulation (EEC) No No 1542/75, (EEC) No 694/76, (EEC) No 695/76 and 1 542/75 (5), 600 metric tons of the reserve provided ( EEC) No 1527/76, for the manufacture and delivery for in Regulation (EEC) No 1542/75 shall be allocated of 2 239 metric tons of butteroil to UNICEF, divided to UNICEF for the people of Vietnam ; into the following lots and for the following destina­ tions : Whereas UNICEF has requested the supply of 2 239 metric tons of butteroil for various third countries, of — lot A : 1 20 metric tons for Angola, to be delivered which 300 metric tons is to be taken from the above­ cif Luanda ; mentioned reserve ; — lot B : 180 metric tons for Tanzania, to be deliv­ ered cif Dar-Es-Salaam ; Whereas Article 5 of Council Regulation (EEC) No — lot C : 95 metric tons for Burma, to be delivered 1541 /75 of 16 June 1975 laying down general rules cif Rangoon ; (•) OJ No L 148 , 28 . 6. 1968 , p. 13. 2 OJ No L 67, 15 . 3 . 1976, p. 9 . (6) OJ No L 157, 19 . 6. 1975, p. 4. (3) OJ No L 157, 19 . 6. 1975, p. 6 . ( 7) OJ No L 83, 30 . 3 . 1976, p. 4. (") OJ No L 83, 30 . 3 . 1976, p. 6 . (8) OJ No L 229, 30 . 8 . 1976, p. 60 . 5 OJ No L 170, 29 . 6. 1976, p. 1 . H OJ No L 69, 15 . 3 . 1976, p. 16.

13 . 8 . 76 No L 220/ 17 Official Journal of the European Communities

— lot D : 144 metric tons for Yemen (Democratic at the unloading port or on lighters where the latter and People's Republic), to be delivered cif Aden ; method is used .

— lot E : 480 metric tons for Vietnam , to be deliv­ ered cif Haiphong ; 3 . On cif delivery, the organization of destination shall issue to the successful tenderer a taking-over — lot F 1 : 610 metric tons for Ethiopia, to be deliv­ letter which replaces the certificate specified in Article ered cif Massawa ; 15 of Regulation (EEC) No 2247/75 . — lot F 2 : 610 metric tons for Ethiopia, to be deliv­ ered cif Massawa . 4 . The organization of destination shall be respon­ sible for all expenditure incurred after delivery, 2. Subject to the special provisions contained including acceptance costs. hereinafter, the provisions of Regulation (EEC) No 2247/75 shall supply by analogy to the tendering Any demurrage costs at the port of unloading due to procedure and to the terms for manufacture and delays for which the recipient organization is respon­ delivery of the butteroil . sible shall be borne by that country.

The rates and conditions of such demurrage to be laid Article 2 down in the contract between the successful tenderer and the carrier must be agreed in advance between the 1 . The butter which is to be manufactured into successful tenderer acting as agent for the Community and the receiving agent of the recipient organization . butteroil shall be removed from the premises of the following intervention agencies :

— as regards lots A to D : the Dutch intervention Article 4 agency ; — as regards lot E : the French intervention agency ; 1 . The intervention agency concerned shall notify — as regards lots F 1 and F 2 : the German interven­ the recipient organization of the date of loading, the tion agency. quantity and quality of the goods as recorded at the time of loading and the port of unloading.

2. The quality and packaging of the butteroil shall satisfy the requirements laid down in the Annex to 2. The successful tenderer shall inform the recip­ Regulation (EEC) No 2247/75 ; it shall be put exclu­ ient organization at least 10 days before the antici­ sively in 5 kg canisters. pated date. The successful tenderer has a clause inserted in the charter party obliging the captain to give the country of destination at least , 72 hours notice 3 . The words to be printed on the packaging, as of the probable date of arrival of the vessel in port. provided in Chapter II 2 (b) of the Annex mentioned in the preceding paragraph, shall be as follows :

— as regards lot A : ' Butteroil / Dom da Comunidade Article 5 econòmica europeia / Acçâo do UNICEF'

— as regards lots B, C, D and F : ' Butteroil / Gift of 1 . As regards the tenders introduced for lots F 1 the European Economic Community / Action of and F 2 referred to in Article 1 ( 1 ) by way of deroga­ UNICEF' tion from Article 4 (2) of Regulation ( EEC) No 2247/ 75, the tenderer shall indicate if his tender is — as regards lot E : ' Butteroil / Don de la Commu­ valid for one or for both lots mentioned . nauté économique européenne à l'UNICEF en faveur du peuple du Viêt-Nam'. 2. The closing date for the submission of tenders shall be 24 August 1976 at 12 noon . Article 3

Article 6 1 . Loading shall take place as soon as possible and not later than 10 October 1976 . This Regulation shall enter into force on the day 2. Delivery cif shall be considered as completed following its publication in the Official Journal of when the goods are actually deposited on the quayside the European Communities.

No L 220/ 18 Official Journal of the European Communities 13 . 8 . 76

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

Done at Brussels, 10 August 1976.

For the Commission

P. J. LARDINOIS f Member of the Commission