31977R0253

No L 34/42 Official Journal of the European Communities 5 . 2 . 77

COMMISSION REGULATION ( EEC) No 253/ 77 of 3 February 1977 concerning an invitation to tender for the supply of butteroil as food aid to Honduras

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 hereby invited pursuant to Regula­ tions (EEC) No 694/76 and (EEC) No 695/76, for the manufacture and delivery of one lot of 500 tonnes of Having regard to Council Regulation (EEC) No butteroil to Honduras . 804/68 of 27 June 1968 on the common organization of the market in milk and milk products ('), as last 2. Subject to the special provisions contained here­ amended by Regulation (EEC) No 559/76 (2), and in inafter, the provisions of Regulation (EEC) No particular Article 6 (7) thereof, 2247/75 shall supply by analogy to the tendering procedure and to the terms for manufacture and * delivery of the butteroil . Whereas Council Regulation ( EEC) No 695/76 of 25 March 1976, on the supply of milk fats under the 1976 food-aid programme to certain developing coun­ Article 2 tries and to certain international organizations (3), provides, inter alia, for the supply to Honduras of 1 000 tonnes of butteroil obtained from butter held by 1 . The butter which is to be manufactured into the intervention agencies ; whereas this country has butteroil shall be removed from the premises of the requested the supply of 500 tonnes ; German intervention agency.

2. The quality and packaging of the butteroil shall Whereas Article 5 of Council Regulation (EEC) No satisfy the requirements laid down in the Annex to 694/76 of 25 March 1976 laying down general rules Regulation (EEC) No 2247/75 ; it shall be put exclu­ for the supply of milk fats under the 1976 food-aid sively in 5 kg canisters. programme to certain developing countries and to certain international organizations (4), requires tenders 3 . The words to be printed on the packaging, as to be invited for such supplies ; provided in Chapter II 2 (b) of the abovementioned Annex, shall be the following :

Whereas the tendering procedure is effected following ' Butteroil / Donacion de la comunidad economica the provisions of Commission Regulation (EEC) No europea al Honduras/ Destinado a la distribution 2247/75 of 29 August 1975 concerning invitations to gratuita'. tender for the costs of manufacture and delivery of butteroil as food aid to certain developing countries 4 . The time limit for the submission of tenders and to the World Food Programme (5), as amended by shall be 22 February 1977. Regulation (EEC) No 2212/76 (6) ; whereas it is still necessary to add a number of details, particularly as regards the time limit for the submission of tenders Article 3 and the terms of supply ;

1 . Delivery shall be to the port of unloading of Puerto Cortes . Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products , 2 . Shipment shall take place as soon as possible and not later than 31 March 1977 . (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . (2) OJ No L 67, 15. 3 . 1976, p. 9 . 3 . Delivery to the port of unloading shall be (3) OJ No L 83 , 30 . 3 . 1976, p. 6 . regarded as completed when the goods are effectively (4) OJ No L 83 , 30 . 3 . 1976 , p. 4 . (5) OJ No L 229 , 30 . 8 . 1975, p. 60 . removed from the hold of the ship at the port of (0) OJ No L 249, 11 . 9 . 1976, p. 5 . unloading.

5 . 2 . 77 Official Journal of the European Communities No L 34/43

The country of destination shall bear all costs goods have been loaded on board ship, of details of subsequent to delivery including unloading costs the ship, the loading date, the quantity and quality of (such as shifting, hoisting or reception costs) and any the goods as recorded on shipment. lighterage costs . 2. The successful tenderer shall inform the recip­ Any demurrage costs or dispatch money at the port of ient country at least 10 clear days in advance of the unloading shall be paid or received by the country of expected date of arrival at the port of ship's unloading. destination . The rates of and rules governing such The successful tenderer shall include in the terms of costs and dispatch money shall be specified in the the charter-party a provision stipulating that the ship's contract between the successful tenderer and the captain shall, at least 72 hours in advance notify the shipper, and shall be agreed upon in advance between country of destination of the ship's probable date of the successful tenderer acting as agent of the Commu­ arrival in port. nity and the reception agent in the country of destina­ tion . Article 5 4. On delivery to the port of unloading under the No refund or compensatory amount (whether mone­ terms set out in paragraph 3 the country of destina­ tary or accession) shall be applied to the butteroil tion shall hand over to the agent for the Community a delivered pursuant to this Regulation . certificate of taking over. Article 6 Article 4 This Regulation shall enter into force on the day after 1 . The intervention agency concerned shall notify its publication in the Official Journal of the Euro­ the country of destination as soon as possible after the pean Communities.

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

Done at Brussels , 3 February 1977 . For the Commission

Finn GUNDELACH Vice-President