31977R0158

No L 23 /32 Official Journal of the European Communities 27. 1 . 77

COMMISSION REGULATION ( EEC) No 158 /77 of 25 January 1977 on the issue of an invitation to tender for the costs of delivery of butteroil to the International Committee of the Red Cross for Lebanon

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

Having regard to the Treaty establishing the European Economic Community, Article 1

Having regard to Council Regulation (EEC) No 804/ 68 of 27 June 1968 on the common organization 1 . In accordance with the provisions of Regulations of the market in milk and milk products ('), as last (EEC) No 694/76 and ( EEC) No 695/76, tenders shall amended by Regulation (EEC) No 559/76 (2), and in be invited for the costs of manufacture and delivery to particular Article 6 (7) thereof, the ICRC for Lebanon of 800 tonnes of butteroil , divided into two lots of 400 tonnes .

Whereas Council Regulation (EEC) No 695/76 of 25 March 1976 on the supply of milk fats to certain deve­ 2. The provisions of Regulation (EEC) No 2247/75 loping countries and international organizations under apply by analogy, as regards the tendering procedure the 1976 food-aid programme ^), provides inter alia and the terms of manufacture and delivery of the for a reserve of 3 640 tonnes of butteroil produced butteroil . from butter held by the intervention agencies ; whereas 1 600 tonnes from this reserve shall be attri­ buted to the International Committee of the Red By way of derogation from Article 4 (2) of Regulation Cross ( ICRC) for Lebanon ; whereas the ICRC has (EEC) No 2247/75, the tenderer shall indicate whether requested delivery of the 800 tonnes remaining to be his offer is valid for one lot or for the two lots offered delivered ; for tender.

Whereas under Article 5 of Council Regulation ( EEC) No 694/76 of 25 March 1976 laying down general rules for the supply of milk fats to certain developing Article 2 countries and international organizations under the 1976 food-aid programme ^), an invitation to tender for this supply shall be issued ; 1 . The butter to be manufactured into butteroil shall be taken from the French intervention agency. Whereas, as regards the tendering procedure, the provi­ sions of Commission Regulation (EEC) No 2247/75 of 29 August 1975 on the terms of invitations to tender 2. The butteroil shall meet the requirements for for the costs of manufacture and delivery of butteroil quality and packing set out in the Annex to Regula­ as food aid to certain developing countries and to the tion (EEC) No 2247/75 and shall be packed in 5 kg World Food Programme (5), as amended by Regula­ boxes only . tion ( EEC) No 2212/76 (6), shall be applied ; whereas it is therefore necessary to provide for certain details, particularly as regards the time limit for the submis­ 3. The packaging mentioned in II . 2. (b) of the sion of tenders and the delivery terms for the butter­ Annex quoted in the previous paragraph shall bear a oil ; red cross measuring 10 cm by 10 cm and, in letters at least one centimetre high , the following wording : Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products, ' Butteroil/ Don de la Communauté économique euro­ péenne / Action du Comité international de la Croix­ (!) OJ No L 148 , 28 . 6 . 1968 , p . 13 . Rouge / Pour distribution gratuite au Liban '. I1 ) OJ No L 67, 1 5 . 3 . 1 976, p . 9 . (J ) OJ No L 83 , 30 . 3 . 1976, p . 6 . (4) OJ No L 83 , 30 . 3 . 1976, p . 4. 4 . The time limit for the submission of tenders h) OJ No L 229, 30 . 8 . 1975, p. 60 . (') OJ No L 249 , 11.9 . 1976 , p. 5 . shall be 8 February 1977 at 12 noon .

27 . 1 . 77 Official Journal of the European Communities No L 23 /33

Article 3 name of the vessel, the date of loading and the quan­ tity and quality of the goods as recorded at the time of 1 . Delivery shall be made to the port of unloading loading. of Beirut, notwithstanding the provisions of Article 5 . 2. The successful tenderer shall inform the recip­ 2 . Loading shall take place after 25 March and ient organization at least 10 clear days in advance of before 5 April 1977. the expected date of arrival of the ship in the port of 3 . Delivery to the port of unloading shall be consid­ unloading. ered as completed when the goods are actually de­ 3 . The successful tenderer shall have included in posited on the quayside at the port of unloading or on the terms of the charter-party a provision stipulating board a lighter in the case where the latter method is that the ship's captain shall inform the recipient used . organization at least 72 hours in advance of the ship's probable date of arrival in port. 4. On delivery at the port of unloading, the recip­ ient organization shall issue the tenderer with the Article 5 acceptance certificate specified in Article 15 of Regula­ tion (EEC) No 2247 /75 . If events in Lebanon make delivery to the port of Beirut impossible, the intervention agency in question 5. The recipient organization shall bear all expendi­ shall deliver the goods to the port of Limassol ture incurred after delivery including acceptance costs. ( Cyprus). 6 . Any demurrage costs at the port of unloading In this case, the intervention agency may, on presenta­ attributable to the recipient organization shall be tion of supporting documents, come to an agreement borne by it. The rates and other details concerning such costs, laid down in the contract between the with the organization making the delivery as to an successful tenderer and the carrier, must have been increase in expenses compared with those initially set. previously agreed upon by the successful tenderer The intervention agency shall immediately inform the acting as Community agent and the recipient organiza­ Commission of the new amount agreed upon . tion's agent. Article 6 Article 4 This Regulation shall enter into force on the day 1 . The intervention agency concerned shall as soon following its publication in the Official Journal of as possible notify the recipient organization of the the European Communities.

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

Done at Brussels, 25 January 1977 .

For the Commission

Finn GUNDELACH

Vice-President