31977R0264

8 . 2 , 77 Official Journal of the European Communities No L 36 / 5

COMMISSION REGULATION ( EEC) No 264/ 77 of 4 February 1977 concerning an invitation to tender for the supply of butteroil as food aid to Ethiopia

THE COMMISSION OF THE EUROPEAN manufacture and delivery of 1 500 tonnes of butteroil COMMUNITIES , to Ethiopia , divided into three lots of 500 tonnes .

Having regard to the Treaty establishing the European Economic Community, 2 . Subject to the special provisions contained here­ inafter, the provisions of Regulation ( EEC) No Having regard to Council Regulation ( EEC) No 2247/ 75 shall apply to the tendering procedure and to 804/ 68 of 27 June 1968 on the common organization the terms for manufacture and delivery of the butte­ of the market in milk and milk products ('), as last roil . amended by Regulation ( EEC) No 559 / 76 ( 2 ), and in particular Article 6 (7) thereof,

Whereas Council Regulation ( EEC) No 695 / 76 of 25 March 1976 on the supply of milk fats under the 1976 Articlc 2 food-aid programme to certain developing countries and to certain international organizations (3 ), provides 1 . Two of the lots of butter to be manufactured into inter alia for the supply to Ethiopia of 1 500 tonnes of butteroil obtained from butter held by the interven­ butteroil shall be removed from the premises of the tion agencies ; whereas this country has requested the French intervention agency, and the remaining lot supply of the quantity abovementioned ; from the German intervention agency .

Whereas Article 5 of Council Regulation ( EEC) No 694/76 of 25 March 1976 laying down general rules By way of derogation from Article 4 ( 2) of Regulation for the supply of milk fats under the 1976 food-aid ( EEC) No 2247 / 75 , the tenderer shall specify in his programme to certain developing countries and to offer submitted to the French intervention agency, for certain international organizations ("*), requires tenders how many lots it is valid . to be invited for such supplies ;

Whereas the tendering procedure is effected following 2 . The quality and packaging of the butteroil shall the provisions of Commission Regulation ( EEC ) No satisfy the requirements laid down in the Annex to 2247/ 75 of 29 August 1975 concerning invitations to Regulation ( EEC) No 2247 / 75 ; it shall be put exclu­ tender for the costs of manufacture and delivery of sively in five-kilogram canisters . butteroil as food aid to certain developing countries and to the World Food Programme (5 ), as last amended by Regulation ( EEC ) No 221 2/ 76 ( 6) ; 3 . The words to be printed on the packaging, as whereas it is still necessary to add a number of details , provided in Chapter II 2 (b) of the abovementioned particularly as regards the time limit for the submis­ Annex , shall be the following : sion of tenders and the terms of supply ; ' Butteroil / Gift of the European Economic Commu­ Whereas the measures provided for in this Regulation nity to Ethiopia / For free distribution '. are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products , 4 . The time limit for the submission of tenders shall be 22 February 1977 . HAS ADOPTED THIS REGULATION :

Articlc 1 Article 3 1 . Tenders are hereby invited pursuant to Regula­ tions ( EEC) No 694/ 76 and ( EEC ) No 695 / 76 , for the 1 . Delivery shall be made to the port of unloading ') OJ No L 148 , 28 . 6 . 1968 , p. 11 of Assab . -) O ) No L 67 , 15 . 1976 , p. 9 . -') O'j No L 83 , 30 . 3 . 1976 , p. 6 . 4 ) O'l No L 83, 30 . 3 . 1976, p. 4 . 5 ) O'l No L 229 , 30 . 8 . 1 97 S , p. 60 2 . Shipment shall take place as soon as possible b) O | No L 249 , M.9 . 1 976 , p. v and not later than 31 March 1977 .

No L 36 / 6 Official Journal of the European Communities 8 . 2 . 77

3 . Delivery to the port of unloading shall be goods have been loaded on board ship, of details of regarded as completed when the goods are effectively the ship, the loading date and the quantity and quality removed from the hold of the ship at the port of of the goods as recorded on shipment. unloading . 2. The successful tenderer shall inform the recip­ The country of destination shall bear all costs ient country at least 10 clear days in advance of the subsequent to delivery including unloading costs expected date of arrival at the port of ship's unloading. (such as shifting, hoisting or reception costs) and any lighterage costs . The successful tenderer shall include in the terms of Any demurrage costs or dispatch money at the port of the charter-party a provision stipulating that the ship's unloading shall be paid or received by the country of captain shall , at least 72 hours in advance, notify the destination . The rates of and rules governing such country of destination of the ship's probable date of costs and dispatch money shall be specified in the arrival in port . contract between the successful tenderer and the shipper, and shall be agreed upon in advance between the successful tenderer acting as agent of the Commu­ Article 5 nity and the reception agent in the country of destina­ tion . No refund or compensatory amount (whether monet­ ary or accession ) shall be applied to the butteroil deliv­ 4 . On delivery to the port of unloading under the ered pursuant to this Regulation . terms set out in paragraph 3 , the country of destina­ tion shall hand over to the agent for the Community a 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 , 4 February 1 977 . For the Commission

Finn GUNDELACH Vice-President