31976R2186

7 . 9 . 76 No L 245 / 13 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 2186/ 76

of 6 September 1976

concerning the invitation to tender for the supply of butteroil to the Office of the United Nations High Commissioner for Refugees as food aid for the people of Cyprus

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES , are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products, Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation ( EEC) No HAS ADOPTED THIS REGULATION : 804/68 of 27 June 1968 on the common organization of the market in milk and milk products ('), as last amended by Regulation (EEC) No 559/76 (2), and in Article 1 particular Article 6 (7) thereof,

Whereas Council Regulation (EEC) No 1542/75 of 16 1 . Tenders are hereby invited pursuant to Regula­ June 1975 on the supply of milk fats as food aid to tions (EEC) No 1541 / 75, ( EEC) No 1542/ 75 and certain developing countries and international organi­ ( EEC) No 835/ 76, for the manufacture and delivery of zations under the 1975 food-aid programme (3), 650 metric tons of butteroil to UNHCR for Cyprus provides for a reserve of 4 550 metric tons of butteroil and divided into two lots of 325 metric tons . obtained from butter held by intervention agencies ; whereas, according to Council Regulation ( EEC) No 2 . Subject to the special provisions contained here­ 835/76 of 6 April 1976 on the supply of butter or inafter, the provisions of Regulation (EEC) No butteroil under Regulation (EEC) No 1542/75 to the 2247/75 shall apply by analogy to the tendering proce­ Office of the United Nations High Commissioner for dure and to the terms for the manufacture and Refugees as food aid for the sections of the population delivery of the butteroil . affected by the events in Cyprus (4 ), 650 metric tons to be supplied in the form of butter or butteroil , to be set aside from this reserve shall be allocated to the Office Article 2 of the United Nations High Commissioner for Refu­ gees (UNHCR) for the benefit of the people of 1 . The butter which is to be manufactured into Cyprus ; whereas UNHCR has requested the delivery butteroil shall be removed from the premises of the of the abovementioned quantity of butteroil for this destination ; French intervention agency .

Whereas Article 5 of Council Regulation ( EEC) No 2. The quality and packaging of the butteroil shall 1541 /75 of 16 June 1975 laying down general rules satisfy the requirements laid down in the Annex to for the supply of milk fats as food aid to certain deve­ Regulation ( EEC) No 2247/ 75 ; it shall be put exclu­ loping countries and international organizations under sively in 5 kg canisters . the 1975 food-aid programme (5 ), requires tenders to be invited for such supplies ; 3 . The words to be printed on the packaging, as provided for in Chapter II 2 (b) of the abovemen­ Whereas the tendering procedure is effected following tioned Annex, shall be the following : the provisions of Commission Regulation ( EEC) No 2247/ 75 of 29 August 1975 concerning invitations to ' Butteroil — Gift of the European Economic Commu­ tender for the costs of manufacture and delivery of nity to the people of Cyprus .' butteroil as food aid to certain developing countries and to the World Food Programme (6), as amended by 4 . The time limit for the submission of tenders Regulation ( EEC) No 578 / 76 ( 7) ; whereas it is still shall expire at 12 noon on 21 September 1976 . necessary to add a number of details, particularly as regards the time limit for the submission of tenders and the terms of supply ; Article 3

') OJ No L 148 , 28 . 6 . 1968 , p. 13 . 2 ) OJ No L 67, I S. 3 . 1976, p. 9 . 1 . Delivery shall be carried out at the port of 3 ) OJ No L 157, 19 . 6 . 1975, p. 6 . unloading Limassol . 4 ) OJ No L 96, 10 . 4 . 1976, p. 1 . 5 ) OJ No L 157, 19 . 6 . 1975, p. 4 . b) OJ No L 229 , 30 . 8 . 1975 , p. 60, 2 . Shipment shall take place as soon as possible 7 ) OJ No L 69 , 15 . 3 . 1976 , p. 16 . and not later than 30 October 1976 .

No L 245 / 14 Official Journal of the European Communities 7. 9 . 76

3 . Delivery at the port of unloading shall be quantity and quality of the goods as recorded at the deemed to take place when the goods are actually set time of loading and the port of unloading. down on the quayside at the port of unloading or on lighters where the latter method is used . 2 . The successful tenderer shall inform the recip­ ient organization at least 10 clear days in advance of 4. On delivery ' port of unloading', the recipient the expected date of arrival at the ship's port of organization shall issue to the successful tenderer a unloading. letter of acceptance which replaces the certificate specified in Article 15 of Regulation ( EEC) No The successful tenderer shall include in the terms of 2247 / 75 . the charter-party a provision stipulating that the ship's 5 . The recipient organization shall be responsible captain shall , at least 72 hours in advance, notify the for all expenditure incurred after delivery, including country of destination of the ship's probable date of acceptance costs . arrival in port .

Any demurrage costs at the port of unloading due to delays for which the recipient organization is respon­ Article 5 sible shall be borne by that country .

By way of derogation from Article 4 (2) of Regulation The rates and conditions of such demurrage to be laid down in the contract between the successful tenderer ( EEC) No 2247/75 , the tenderer shall indicate if his tender is valid for one or both lots put up for tender. and the carrier must be agreed in advance between the successful tenderer acting as agent for the Community and the receiving agent of the recipient organization . Article 6

Article 4 This Regulation shall enter into force on the day 1 . The intervention agency concerned shall notify following its publication in the Official Journal of the recipient organization of the date of loading, the the European Communities.

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

Done at Brussels , 6 September 1976.

For the Commission

P. J. LARDINOIS

Member of the Commission