31977R0303

15 . 2 . 77 No L 43 / 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

COMMISSION REGULATION ( EEC) No 303 / 77 of 14 February 1977 laying down general rules for the supply of skimmed-milk powder and butteroil as food aid

THE COMMISSION OF THE EUROPEAN Whereas Commission Regulation ( EEC) No 1687/ 76 COMMUNITIES, of 30 June 1976 laying down common detailed rules for verifying the use and/or destination of products from intervention (3 ), as last amended by Regulation Having regard to the Treaty establishing the European ( EEC) No 31 35/ 76 (4 ), applies to products from inter­ Economic Community, vention stocks to be supplied as food aid under this Regulation ;

Having regard to Council Regulation ( EEC) No 804/68 of 27 June 1968 on the common organization Whereas the proof that goods have been delivered to of the market in milk and milk products ('), as last the destination prescribed should continue to be amended by Regulation ( EEC) No 559 / 76 (2 ), and in furnished by producing the control copy referred to in particular Articles 6 (7), 7 (5) and 28 thereof, Article 1 of Regulation ( EEC) No 2315/69 of 19 November 1969 on the use of Community transit documents for the purpose of applying Community Whereas the Community food-aid programme measures for verifying the use and/or destination of provides for the supply of considerable quantities of goods (5), as amended by Regulation (EEC) No skimmed-milk powder and butteroil to certain deve­ 690 / 73 (<•) ; loping countries and international organizations ; whereas the skimmed-milk powder and the butter, from which the butteroil to be supplied is manufac­ Whereas the following Regulations will become tured, should in principle be provided from the stocks redundant on publication of these general rules and of the intervention agencies ; whereas taking into therefore have to be repealed : account the market situation purchases may however also be made on the Community market, in particular — Commission Regulation (EEC) No 1365 / 74 of 31 in the case of skimmed-milk powder when the inter­ May 1974 on the supply of butteroil as food aid to vention stocks do not correspond to the characteristics certain developing countries ( 7), as last amended by required for its particular destination ; Regulation ( EEC) No 2390 / 75 (8),

— Commission Regulation ( EEC) No 2121 /74 of 9 Whereas the relevant basic rules also provide that in August 1974 on the supply of butteroil as food aid respect of individual deliveries a tendering procedure to the World Food Programme (9 ), as last amended is in principle to be held to determine the transport by Regulation ( EEC) No 2390 /75, costs and , where necessary , the purchase price ; whereas in exceptional cases a direct award procedure — Commission Regulation ( EEC) No 2557/ 74 of 4 may be decided upon ; October 1 974 concerning the invitation to tender for the cost of delivery, as food aid , of skimmed­ milk powder to certain third countries ( 10), Whereas , in the light of the experience gained from implementing food-aid programmes, it appears useful 3 ) OJ No L 190 , 14 . 7 . 1976, p. 1 . to harmonize and consolidate into one Regulation the ■«) OJ No L 353 , 23 . 12 . 1976, p. 38 . 5 ) OJ No L 29 5 , 24 . II . 1969 , p. 14 . implementing provisions which have hitherto applied h ) OJ No L 66 , 13 . 3 . 1973 , p. 23 . to individual operations ; 7 ) Oj No L 147 , 1 . 6 . 1974 , p. 46 . s ) OJ No L 246 , 20 . 9 . 1975 , p. 5 . (') OJ No L 148 , 28 . 6 . 1968 , p . 13 . ") O'j No L 222, 12 . 8 . 1974, p. 10 . (-') OJ No L 67 , 1 5 . 3 . 1 976 , p . 9 . n) O ) No L 274, 9 . 10 . 1974, p. 7 .

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— Commission Regulation ( EEC) No 597/75 of 6 Article 2 March 1975 concerning invitations to tender for the cost of delivery of skimmed-milk powder in public storage as food aid to the countries of the 1 . The delivery of skimmed-milk powder or butter­ Sahel and Ethiopia ('), oil as food aid shall be carried out by a business esta­ blished in the Community (hereinafter called 'the — Commission Regulation ( EEC) No 750 /75 of 21 successful tenderer') and selected in accordance with March 1975 concerning invitations to tender for one of the procedures referred to in Article 12. the costs of manufacture and delivery of butteroil as food aid to the countries of the Sahel and Ethi­ opia (2), as last amended by Regulation ( EEC) No 2. The delivery shall be made at one of the delivery 2212/ 76 ( 3 ), stages listed in Annex I to this Regulation . The — Commission Regulation ( EEC) No 1221 /75 of 6 delivery shall be governed by the detailed procedures May 1975 concerning the conditions for invita­ laid down therein , the terms used in commercial trade tions to tender for the costs of delivery, as food being disregarded. aid, of skimmed-milk powder for the World Food Programme (4 ), as amended by Regulation ( EEC) 3 . When carrying out the delivery to the recipient No 2061 /75(5), according to the conditions laid down, the successful — Commission Regulation ( EEC) No 2247/75 of 29 tenderer shall act as the agent of the Community. August 1975 on the terms of invitations to tender for the cost of manufacture and delivery of butter­ oil as food aid to certain developing countries and to the World Food Programme (6), as last amended Article 3 by Regulation ( EEC) No 2402/76 ( 7), — Commission Regulation ( EEC) No 2660 /75 of 20 October 1975 on invitations to tender for the 1 . The successful tenderer shall be responsible for supply of butteroil bought on the Community any loss or damage to the goods and shall therefore market as food aid to certain developing countries insure the goods for their value on the Community and to the World Food Programme ( 8) ; market, up to the time when the recipient draws up the relevant take-over certificate referred to in Article Whereas the Annex to Regulation ( EEC) No 1687/76 4 ( 2). must be adapted to take account of the new legal posi­ tion ; 2 . Additional costs of insurance which arise from Whereas the measures provided for in this Regulation delays of over eight days, on the part of the recipient, are in accordance with the opinion of the Manage­ between the actual delivery of the goods and the ment Committee for Milk and Milk Products, drawing up of the take-over certificate shall be reim­ bursed to the successful tenderer by the intervention agency concerned on production of the relevant proof HAS ADOPTED THIS REGULATION : and shall be borne by the Community without preju­ dice to subsequent reimbursement by the recipient.

TITLE I

General provisions Article 4

Article 1 1 . The successful tenderer shall submit to any When a decision is taken to supply skimmed-milk checks carried out by the recipient's agent and for this powder or butteroil as food aid to an international purpose shall hatid^over to him a list containing the organization or to a developing country (hereinafter following information relating to the goods supplied : referred to as 'the recipient') the general provisions of this Regulation shall apply without prejudice to (a) the auantity, type, markings and numbers of the special provisions to be laid down in specific cases . packages, (') OJ No L 63 , 8 . 3 . 1975, p . 7. (b) the gross and net weight of the goods, (-) OJ No L 74, 22 . 3 . 1975, p . 30 . O OJ No L 249 , 11.9 . 1976, p . 5 . (c) the number of empty sacks delivered under Article (4 ) OJ No L 121 , 14 . 5 . 1975, p. 17 . (5 ) OJ No L 209 , 7 . 8 . 1975 , p . 19 . 6 (3), and taken over at the relevant delivery stage, ( b) OJ No L 229 , 30 . 8 . 1975, p . 60 . O OJ No L 270 , 2 . 10 . 1976, p . 23 . (d) as necessary, the number of the control copy (s ) OJ No L 270 , 21 . 10 . 1975, p. I 1 referred to in Article 19 12).

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2. The take-over certificate which the recipient s Annex to Commission Regulation (EEC) No 1108 /68 agent shall hand over to the successful tenderer at the of 27 July 1968 on detailed rules of application for time of the take-over shall contain the following infor­ public storage of skimmed-milk powder ('), as last mation : amended by Regulation ( EEC) No 1 457/75 (2). The packaging shall be dry, clean and undamaged . (a) the place and date of the take-over, (b) a description of the goods taken over as set out in If the skimmed-milk powder is to contain vitamin paragraph 1 (a), (b) and (c) and, when necessary , additives, the appropriate requirements shall be laid the number of the control copy referred to in down separately for each individual delivery. Article 19 (2), In exceptional cases, specific packaging requirements (c) any comments on the condition of the goods . may be laid down .

Article 5 3 . In the case referred to in paragraph 1 (a), the intervention agency shall provide an additional 2 % 1 . Where delivery is made 'to the port of of empty sacks corresponding to the sacks containing unloading', the intervention agency concerned shall as the goods. In the case referred to in paragraph 1 (b), soon as possible notify the recipient's agent indicated the purchase on the Community market shall include by the Commission , of the name of the vessel , the these additional empty sacks. date of loading, the port of unloading and the particu­ lars referred to in Article 4 ( 1 ) (a), (b) and (c) as noted In the case of delivery 'to the port of unloading' or ' free at destination ' the successful tenderer shall enter at the time of dispatch . these empty sacks on the bill of lading. The successful tenderer shall notify the recipient of the expected date of arrival of the vessel at the port of Article 7 unloading at least 10 days before that date.

The successful tenderer shall ensure that the charter­ 1 . If the skimmed-milk powder to be delivered party contains a term that the captain shall notify the comes from intervention stocks , it shall not be handed recipient at least 72 hours in advance of the estimated over by the intervention agency unless a security for date of arrival of the vessel at the port of unloading. delivery has been lodged, the amount of which shall correspond to the intervention price for skimmed­ 2. Where delivery is made ' free at destination ', the milk powder, applicable on the day when the milk intervention agency concerned shall as soon as powder is taken over, increased by 1-5 units of possible notify the recipient's agent indicated by the account per 100 kilograms . Commission , of the date of loading, the means of transport used for transporting the goods to their desti­ 2 . The successful tenderer shall ensure that the nation , the port of unloading and the particulars quantity of skimmed-milk powder made available by referred to in Article 4 ( 1 ) (a), (b) and (c) as noted at the intervention agency corresponds to the quantity to the time of dispatch . be delivered .

The successful tenderer shall notify the recipient of It shall further ensure that the packaging of the skim­ the estimated date of arrival of the goods at their desti­ med-milk powder is dry, clean and undamaged . nation at least two days before that date. 3 . The intervention agency shall make available the skimmed-milk powder as follows : TITLE II — in the case of a railway truck or a lorry, loaded (but not stowed) on the means of transport at the Special provisions for deliveries of skimmed­ loading platform of the warehouse, milk powder — in the case of any other means of transport, in particular a container, on the loading platform of Article 6 the warehouse .

1 . The skimmed-milk powder to be supplied shall , 4 . The insurance contract referred to in Article 3 as appropriate : ( 1 ) shall contain a clause whereby the insurer shall , in case of accident, pay the intervention agency compen­ (a) be placed at the disposal of the successful tenderer sation equal to the value of the skimmed-milk powder in the stores of a specified intervention agency, or concerned (at the intervention price applicable on the (b) be purchased on the Community market . day when the powder was taken over).

2. The skimmed-milk powder shall meet the (') OJ No L 184, 29 . 7 . 1968 , p . 34 . quality and packaging requirements laid down in the (') OJ No L 1 45, 6 . 6 . 1975, p . 17 .

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Article 8 Such approval shall be withdrawn if it becomes evident that these conditions are no longer satisfied . 1 . If the goods to be delivered are purchased on the Community market, the competent agency in the Member State concerned shall check that the quality Article 10 and packaging comply with the conditions laid down and shall issue a certificate to that effect on conclu­ sion of the said check . 1 . If the butteroil to be delivered is to be manufac­ tured from butter from intervention stocks : 2. For the purposes of the check referred to in para­ graph 1 , the successful tenderer shall notify the (a) the intervention agency, before the tender or the competent agency carrying out the check, of the date conclusion of the directly awarded contract, shall when the packaging of the skimmed-milk powder is take all necessary measures to enable interested to begin, at least three working days before that date. parties to examine at their own expense samples The skimmed-milk powder may only be dispatched taken from the butter, from the place of packaging after authorization by the (b) the butter shall not be handed over by the inter­ competent authority. vention agency unless a security for processing and delivery has been lodged, the amount of 3 . From the time of the check referred to in para­ which shall correspond to the Community inter­ graph 1 , the skimmed-milk powder shall be subject to customs control or similar administrative control vention price for butter applicable on the day when the butter is taken over increased by two providing equivalent security up to the time when, in units of account per 100 kilograms. the case of delivery 'to the port of shipment', one copy of the take-over certificate referred to in Article 4 (2) is returned to the competent authority referred to 2 . The successful tenderer shall undertake : in Article 19 (6) and, in the case of delivery 'to the port of unloading' or 'free at destination ', the goods (a) to pay for the butter delivered by the intervention have left the geographical territory of the Community. agency according to the following conditions : — the purchase price of the butter on leaving the cold store shall be equal to the Community TITLE III intervention price applicable on the day fixed as the closing date for receipt of tenders, where Special provisions for deliveries of butteroil the successful tenderer was selected under the tendering procedure laid down in Article 12 ( 1 ), or the day of concluding the directly Article 9 awarded contract, where the successful tenderer was selected under the procedure laid down in 1 . The butteroil to be supplied shall be manufac­ Article 12 (2); tured, as appropriate, from : — subject to Article 21 (3), the successful tenderer (a) butter placed at the disposal of the successful shall pay for the butter delivered within 90 tenderer in the stores of a specified intervention days of the final date fixed by the intervention agency , or agency for delivery ; (b) butter or cream of Community origin available on the Community market . (b) not to make any complaint concerning the quality and nature of the butter made available by the 2. The butteroil to be supplied shall meet the intervention agency, quality and packaging requirements laid down in Annex II to this Regulation . (c) to manufacture the butteroil to be delivered only from the butter handed over by the intervention The conformity of the packaging materials used with agency for that purpose. the requirements laid down shall be established by the presentation of the certificate referred to in Annex II 3 . The intervention agency shall make available the (2), issued by the approved package testing agency, butter loaded (but not stowed) on the means of trans­ and still valid on the day of using the said packages . port at the loading platform of the cold store. 3 . Only those processing undertakings which are approved for that purpose by the Member State on 4 . The insurance contract referred to in Article 3 whose territory the manufacture of the butteroil takes ( 1 ) shall contain a clause whereby the insurer shall, in place may be entrusted with the supply of butteroil . case of accident, pay the intervention agency compen­ Only those undertakings which provide sufficient sation equal to the value of the butter concerned (at guarantee that they will comply with the obligations the intervention price applicable on the day when the laid down in this Regulation may be approved . goods were taken over).

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Article 11 — the date by which the delivery is to take place, — if appropriate, the location of the warehouse or 1 . The competent agency of the Member State warehouses in which the skimmed-milk powder to concerned shall check that Article 9 ( 1 ) (b) and (2) and be supplied or the butter intended for the manufac­ Article 10 (2) (c) are complied with and shall issue a certificate to that effect on conclusion of the said ture of the butteroil to be supplied are stored, check . — in cases of delivery 'to the port of unloading' or ' free at destination ', the name and address of the 2. For the purpose of the check referred to in para­ recipient's agent responsible for taking delivery. graph 1 , the successful tenderer shall notify the competent agency carrying out the check, of the date 2 . The notice of invitation to tender shall be when the manufacture and packaging of the butteroil published in the Official Journal of the European is to begin , at least three working days before that Communities at least 12 days before the closing date date. The butteroil may only be dispatched from the for submission of tenders . In addition , the interven­ place of manufacture and packaging after authoriza­ tion agencies may proceed with publication elsewhere. tion by the competent authority.

3 . From the time of the check referred to in para­ Article 14 graph 1 , the butteroil bought on the market shall be subject to customs control or similar administrative 1 . Tenders shall be submitted in writing and either control providing equivalent security up to the time handed in to the intervention agency against a receipt when , in the case of delivery 'to the port of shipment', or sent by registered letter to the intervention agency. one copy of the take-over certificate referred to in The intervention agency may also authorize the use of Article 4 (2) is returned to the competent authority telex . referred to in Article 19 (6) and, in the case of delivery 'to the port of unloading' or 'free at destination', the If the goods to be supplied are purchased on the goods have left the geographical territory of the Community market the tender shall be handed in to Community. the intervention agency of the Member State on whose territory the goods are to be manufactured and packaged in accordance with Article 6 (2) in the case TITLE IV of skimmed-milk powder or in accordance with Article 9 ( 2) and Annex II in the case of butteroil . Tendering procedure and direct award proce­ dure 2. Where the invitation to tender is in respect of several lots each tender shall relate to one lot only. Article 12 A tender shall be valid only if it relates to the whole of a lot . 1 . In order to determine the transport cost and, where appropriate, the price for the purchase or manu­ facture and the packaging of the skimmed-milk The Regulation concerning an individual tendering powder or butteroil, a tendering procedure shall be procedure may, however, provide that tenders are still held in accordance with the rules laid down in Arti­ valid if they relate only to a partial quantity of 500 cles 13 to 17 . tonnes or a multiple of 500 tonnes of the total quan­ tity of the lot in question . In this case the tenderer 2. In cases of special urgency, however, or when whose tender relates to a multiple of 500 tonnes shall the quantities involved are relatively small , a direct state the minimum partial quantity which may be award procedure may be adopted , and shall be subject awarded to him . to the rules laid down in Article 18 . 3 . The tender shall indicate : Article 13 (a) the name and address of the tenderer, 1 . When the decision is taken to conduct a (b) the port of shipment chosen from among Commu­ nity ports accessible for ocean-going ships, tendering procedure, the intervention agency or agen­ provided that the individual tendering procedure cies entrusted with supplying the goods shall give does not provide for any special limitations. In the notice of an invitation to tender indicating in parti­ cular : case of a delivery 'to the port of shipment' only one port may be indicated in a tender ; — the quantity of goods to be delivered, (c) the amount tendered , exclusive of taxes, expressed — the destination and the delivery stage within the in the currency of the Member State to whose meaning of Annex I , intervention agency the tender is submitted and to — the closing date and the address for the receipt of which the tenderer undertakes to make the tenders, delivery concerned on the terms laid down ; this

No L 43 / 6 15 . 2 . 77 Official Journal of the European Communities

amount shall include insurance costs under Article of butteroil bought on the Community market, the 3 and , in the case of butteroil manufactured from amounts of the tenders made to the United Kingdom intervention stocks, the purchase price of the and Irish intervention agencies shall, after conversion butter in accordance with Articles 10 (2) (a) and 21 into units of account, be considered to have been ( 3). increased by the accession compensatory amount which is applicable to the quantities of butteroil 4 . No tender shall be valid unless it further indi­ concerned in trade between the original Community cates both the amount tendered referred to in para­ and Denmark and the new Member State concerned . graph 3 (c) and, according to the circumstances, what proportion thereof covers : The accession compensatory amount expressed in units of account referred to in the preceding subpara­ (a) the cost of transportation to the port of shipment ; graph shall be calculated on the basis of a fat content (b) the cost of transportation beyond the port of ship­ in the butteroil of 99-9 % . ment . 5 . No tender shall be valid if it contains conditions Article 17 and/or reservations which are not expressly autho­ rized . 1 . A tender shall be refused if the amount proposed, converted into units of account and, where 6 . No tender shall be valid unless it is accompanied necessary, adjusted under Article 16 (2), exceeds the by : maximum amount referred to in Article 16 ( 1 ). (a) proof that the tendering security referred to in 2. Without prejudice to paragraph 1 , the successful Article 1 5 has been lodged before the final date tenderer shall be the one whose tender is the lowest, for submission of tenders ; when converted into units of account and, where (b) an undertaking from the tenderer that he will necessary, adjusted under Article 16 (2). abide by the conditions of the tendering proce­ dure ; 3 . If the tendering procedure is carried out simul­ (c) in the case of a delivery of butteroil , the document taneously by several intervention agencies and if two certifying the approval referred to in Article 9 (3) or more of them receive tenders for the same amount and, where appropriate, the undertakings referred expressed in units of account which prove to be the to in Article 10 (2). most favourable, the intervention agency which is to award the tender shall be determined in accordance 7 . Tenders may not be withdrawn . with the procedure referred to in Article 16 ( 1 ).

Article 15 Where a single intervention agency has to take into account more than one tender for the same amount, 1 . The tendering security shall amount to : the award shall be made by the drawing of lots . (a) five units of account per tonne of skimmed-milk 4. Each tenderer shall immediately be notified by powder from intervention stocks ; the intervention agency of the result of his participa­ (b) 20 units of account per tonne of skimmed-milk tion in the tendering procedure . powder purchased on the Community market ; (c) 15 units of account per tonne of butteroil 5 . Rights and obligations arising from the award shall not be transferable . produced from butter from intervention stocks ; (d) 40 units of account per tonne of butteroil 6 . The intervention agency shall immediately purchased on the Community market . notify the Commission of the name and address of the successful tenderer . 2 . It shall be provided , at the choice of the tenderer, either in cash or in the form of a guarantee from an appropriate institution which satisfies the Article 18 criteria fixed by the Member State in which the secu­ rity is provided . 1 . Where it is decided to determine the delivery costs by means of a direct award procedure, the inter­ Article 16 vention agency entrusted with the delivery shall conclude the relevant contracts on the most favou­ 1 . In the light of the tenders received and in accor­ rable terms as regards costs . dance with the procedure laid down in Article 30 of Regulation ( EEC) No 804/ 68 , a maximum amount 2 . In these contracts, the delivery costs shall be shall be fixed in units of account or a decision shall broken down in accordance with Article 14 (4). be taken to make no award . 3 . The intervention agency shall immediately 2 . For the purposes of the decision referred to in forward to the Commission a copy of the contract(s) paragraph 1 and for the award , as regards the delivery under the direct award .

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TITLE V (a) In the case of a delivery 'to the port of ship­ ment : Special rules, in particular on the use of the control copy — ' Food aid (Regulation ( EEC) No . . ./77) to be delivered to the port of ' ; Article 19 — ' Fødevarehjælp (forordning (EØF) nr. . . ./77) bestemt til levering i havnen i ' ; Where the goods to be delivered neither come from — Nahrungsmittelhilfe (Verordnung (EWG) nor are to be manufactured from products coming Nr. . . ./77), zur Lieferung zum Hafen von from intervention agency stocks, the following condi­ bestimmt' ; tions shall apply : — 'Aide alimentaire (règlement (CEE) n° . . ./77) destinée à être livrée au port 1 . The completion of customs export formalities and, de ; in the case of vitamin-enriched skimmed-milk powder or butteroil, also the manufacture and pack­ — Aiuto alimentare (regolamento (CEE) n . aging shall take place in the Member State in . . ./77) destinato ad essere consegnato nel which the tender was submitted or the contract porto di ' ; under the direct award procedure was concluded . — 'Voedselhulp (Verordening (EEG) nr. . . ./77), bestemd om te worden geleverd in 2. (a) In the case of a delivery 'to the port of ship­ de haven van ' ; ment', where the port of shipment designated in the tender or in the contract under the (b) In the case of a delivery 'to the port of direct award procedure is situated in a Member unloading' or 'free at destination ' : State other than that in which the customs — ' For export as food aid (Regulation (EEC) export formalities were completed , or No . . ./77)' ; (b) in the case of a delivery 'to the port of — ' Bestemt til udførsel som fødevarehjælop unloading' or 'free at destination ', where the (forordning (EØF) nr. . . ./77)' ; goods leave the geographical territory of the Community from a Member State other than — 'Als Nahrungsmittelhilfe auszuführen that in which the customs export formalities (Verordnung (EWG) Nr. . . ./77)' ; were completed , the goods shall from the time — .' Destiné à être exporté au titre de laide of completion of the said formalities until the alimentaire (règlement (CEE) n° . . ./77)' ; termination of the control referred to in Arti­ — Destinato ad essere esportato a titolo di cles 8 (3) and 1 1 (3), be accompanied by the aiuto alimentare ( regolamento (CEE) n . control copy provided for in Regulation (EEC) . . ./77)' ; No 2315/ 69 . — Bestemd om te worden uitgevoerd als voed­ 3 . The control copy shall be issued only on produc­ selhulp (Verordening (EEG) nr. . . ./77)'. tion of a certificate from the competent authority Section 106 shall contain the number of the certifi­ which issued the certificate referred to, as appro­ cate referred to in paragraph 3 . priate, in Article 8 ( 1 ) or in Article 11 ( 1 ). Such certificate shall be numbered and shall contain the 5. As regards the use of the control copy, Articles 8 following details : and 14 of Regulation (EEC) No 1687/76 shall — a description of the goods in the manner pres­ apply mutatis mutandis. cribed for completion of Section 31 of the control copy and, where appropriate, any other 6. In the case of deliveries 'to the port of shipment', information necessary for the purposes of control shall be deemed to have been completed, control , without prejudice to Article 20 ( 1 ), when the competent customs authority or, when there has — the quantity, the type, markings and numbers been no control, another appointed authority has of the packages, received a copy of the take-over certificate referred — the gross and net weight of the goods, to in Article 4 (2). This copy shall be kept by the — a reference to this Regulation . authority concerned .

The certificate shall be kept by the customs office Article 20 of departure . 4. Sections 101 , 103 , 104 and 106 of the control copy 1 . In the case of a delivery 'to the port of ship­ ment', the Member State in which the port of ship­ shall be completed . ment is situated shall take all necessary measures to Section 104 shall be completed by deleting as check whether the goods taken over by the recipient appropriate and entering under the second indent leave the geographical territory of the Community by one of the following endorsements : that port of shipment .

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2. If the goods are not exported within three tation of the supporting documents referred to in para­ months from the day on which the take-over certifi­ graph 1 , annul the obligation of the successful cate referred to in Article 4 (2) was issued by the recip­ tenderer to pay pursuant to Article 10 (2) (a) the ient, the Member State concerned shall inform the purchase price for the butter delivered, up to the Commission thereof giving any available information amount indicated in the tender or in the contract as to the reasons therefor. under the direct award, and shall pay to the successful tenderer the difference between the two amounts within 15 days from the presentation of the supporting documents, if such difference represents a TITLE VI credit to the successful tenderer.

Conditions for the payment and release of securities Article 22

1 . At the request of the Commission , if it Article 21 subsequently designates a port of shipment or unloading or a destination other than that originally 1 . The amount agreed with the intervention agency scheduled, and in agreement with the successful for the delivery shall be paid only on production of tenderer, the competent intervention agency may the following documents : cause the products to be delivered to the new port or destination designated . (a) the original of the take-over certificate referred to in Article 4 (2) drawn up by the recipient's agent ; In such a case the competent intervention agency shall agree with the successful tenderer the reduction (b) if appropriate, the certificate referred to in Article 8 ( 1 ) or 11 ( 1 ); or increase in the costs as originally established .

(c) in the case of goods from intervention stocks or The intervention agency shall immediately notify the goods manufactured therefrom , the proof referred Commission of the new amounts of costs agreed. to in Article 12 of Regulation ( EEC) No 1687/ 76 ; (d) in the case of goods other than those referred to 2 . If the successful tenderer, for reasons of force under (c), the control copy referred to in Article 19 majeure, has to bear exceptional costs which cannot (2) to ( 5) or, if the destination has been checked be covered by insurance, it may receive compensation only by the authorities of a single Member State, therefor on production of supporting documents and the documents laid down by that Member State . with the prior agreement of the Commission .

2. If, in the case of delivery ' to the port of Article 23 unloading' or ' free at destination' of skimmed-milk powder or butteroil purchased on the Community market, owing to circumstances beyond the control of Except in case of force majeure, the successful the successful tenderer, the time limit set for delivery tenderer shall bear any financial consequences for the has to be extended or if the submission of the take­ Community by reason of non-delivery of the goods to over certificate referred to in paragraph 1 (a) is the place and at the time appointed , provided that the delayed, the competent agency may, on production of recipient allowed delivery to be effected to such place and at such time . the supporting documents referred to in paragraph 1 (b) and (d), make a payment on account. Any costs resulting from non-delivery of the goods as If, in the case of delivery 'to the port of shipment' of a result of force majeure shall be assumed by the skimmed-milk powder or butteroil purchased on the competent agency of the Member State concerned and Community market , the circumstances referred to in shall be borne by the Community. the first subparagraph occur, the competent agency, with the prior permission of the Commission , may Article 24 also make a payment on account .

1 . Except in case of force majeure, the tendering However, such payment on account may not exceed security referred to in Article 15 shall be released only 90 % of the sum agreed for the delivery and shall where : only be paid if the successful tenderer lodges a secu­ rity under the terms of Article 15 ( 2), equal to 10 % of (a ) the tenderer did not withdraw his tender before the payment on account . the tender was awarded and where :

3 . In the case of delivery of butteroil manufactured — in the cases referred to in Article 15 ( 1 ) (a) and from butter from intervention stocks, the competent (c), the security for delivery provided for in authority of the Member State of sale shall , on presen­ Article 7 ( 1 ) or 10 ( 1 ) has been lodged,

15 . 2 . 77 Official Journal of the European Communities No L 43 /9

— in the cases referred to in Article 15 ( 1 ) (b) and as appropriate, Article 1 1 of Regulation (EEC) No (d), the supporting documents referred to in 1687/76 shall apply as in the case of goods from inter­ Article 21 ( 1 ) have been forwarded to the inter­ vention stocks or goods manufactured therefrom . vention agency ; 2 . In any other case of force majeure, the interven­ (b) the tender was not accepted . tion agency concerned shall take the measures which it considers necessary in the light of the circum­ 2. Except in case of force majeure, the securities for stances invoked . delivery provided for in Articles 7 ( 1 ) and 10 ( 1 ) shall be released only where the supporting documents referred to in Article 21 ( 1 ) have been forwarded to TITLE VII the intervention agency. Final provisions 3 . In the case of deliveries 'to the port of shipment' or 'free at destination' of goods from intervention Article 26 stocks or goods manufactured therefrom , the supporting document referred to in Article 21 ( 1 ) (a) No refund or monetary or accession compensatory may be replaced, for the purpose of the release of the amount shall be applied to the goods supplied securities referred to in paragraph 2, by a copy of the pursuant to this Regulation . insurance contract referred to in Article 3 containing the clause provided for in Article 7 (4) or 10 (4), as Article 27 appropriate . 1 . Regulations ( EEC) No 1365/74, ( EEC) No 4. Except in case of force majeure, the security 2121 /74, ( EEC) No 2557/74, ( EEC) No 597/ 75 , ( EEC) provided for in the third subparagraph of Article 21 No 750 / 75, ( EEC) No 1221 / 75, ( EEC) No 2247/75 (2) shall be released only on production of the certifi­ and (EEC) No 2660 /75 are hereby repealed . cate referred to in Article 21 ( 1 ) (a). 5 . All securities shall be released as soon as the However, they shall continue to apply to deliveries in respect of which there is provision for their applica­ requisite supporting documents have been produced . tion in individual Regulations concerning the delivery 6 . Except in case of force majeure, if the necessary of food aid . supporting documents are not produced within six months from the last day of the delivery period , the 2 . The Annex to Regulation ( EEC) No 1687/ 76 is security concerned shall be forfeited . hereby amended in accordance with Annex III hereto .

Article25¶

1 . In case of force majeure occurring during the This Regulation shall enter into force on 1 April 1977 . period of control referred to in Article 8 (3) of 1 1 (3),

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

Done at Brussels , 14 February 1977 .

For the Commission

Finn GUNDELACH Vice-President

No L 43 / 10 Official Journal of the European Communities 15 . 2. 77

ANNEX I

DELIVERY STAGES AND ARRANGEMENTS

I. Delivery to the port of shipment 1 . Delivery shall be deemed to have taken place and the risks shall pass from the successful tenderer to the recipient at the moment when the products are deposited at the port of ship­ ment designated for the delivery, at the berth indicated by the recipient or his agent. Costs beyond such delivery shall be borne by the recipient in accordance with Article 3 . 2. The successful tenderer shall effect delivery on a date within the period fixed therefor. The recipient shall determine the delivery schedule with him . 3 . Where the recipient is unable to take delivery of the goods on the date referred to in para­ graph 2, his agent shall notify the successful tenderer without delay. In that case, the successful tenderer and the agent of the recipient may agree a new date for the start of the delivery and, if necessary, a new schedule . In any event, the costs resulting from the delay shall , except in case of force majeure, be borne by the recipient.

II . Delivery to the port of unloading , ship's hold 1 . Delivery shall be deemed to have taken place and the risks shall pass from the successful tenderer to the recipient at the moment when the latter's agent actually takes possession of the goods in the ship's hold at the port of unloading . The recipient shall bear all the costs incurred subsequent to delivery, including unloading costs (e.g. breaking bulk, hoisting, reception ) as well as lighterage . 2 . Any demurrage cost or dispatch money at the port of unloading shall respectively be charged or payable to the recipient . The rates thereof and the rules relating thereto, laid down in the contract between the successful tenderer and the carrier, must be agreed between the successful tenderer and the receiving agent of the recipient .

III . Delivery to the port of unloading , deposit on quay or on lighter 1 . Delivery shall be deemed to have taken place and the risks shall pass from the successful tenderer to the recipient at the moment when the products are actually deposited on the quay at the port of unloading or, where appropriate, on the lighter. The recipient shall bear all the costs incurred subsequent to delivery, including reception costs and lighterage . 2. Any demurrage costs or dispatch money at the port of unloading shall respectively be charged or payable to the recipient . The rates thereof and the rules thereto , laid down in the contract between the successful tenderers and the carrier, must be agreed between the successful tenderer and the receiving agent of the recipient .

IV . Delivery ' free at destination ' Delivery shall be deemed to have taken place and the risks shall pass from the successful tenderer to the recipient at the moment when the products actually arrive at the place of destina­ tion fixed for the delivery . The recipient shall bear all the costs incurred subsequent to delivery, including reception costs and any transhipment costs .

15 . 2 . 77 No L 43/ 11 Official Journal of the European Communities

ANNEX II

I. Quality requirements for butterou

Characteristics of the product : concentrated milk fat with a minimum pure fat content of 99-8 % . Composition characteristics : moisture content and non-milk fat constituents : maximum 0-2 % , fats : minimum 99-8 % , free fatty acids : maximum 0-5 % (oleic acid), amount of peroxide/ kg : maximum one unit ( in milliequivalents of activated oxygen per kg), flavour : fresh , smell : absence of smells unconnected with butteroil . The use of neutralizing agents is not permitted . For certain deliveries, special requirements may be specified .

II . Packaging of butteroil

1 . The butteroil is to be packed in metal canisters completely filled and hermetically sealed in an atmosphere of nitrogen .

The metal canisters are to be packed in cartons containing : — either four five-kilogramm canisters, or — one 20-kilogram canister. The complete packaging should be strong enough to withstand a long sea journey and trans­ portation by land in a tropical climate .

Closed cartons, as prepared for delivery, containing either one 20-kilogram metal canister or four five-kilogram canisters 95»% full of water, must be able to resist : (a) three falls from a height of one metre on three different edges relating to different axes ; this test, for which five complete packages are to be used , must be effected in accordance with ISO standard No 2248 . After the tests : — the metal canisters may be crushed out of shape but no leakage must occur after elimi­ nation of the vacuum ; — the cartons may be damaged and show small tears in the seams and sealed flaps but seams must not be completely torn and flaps must not have come unstuck or be torn off ; — the damage must not be such as to endanger the safe transport of the canister(s) in the carton ; (b) a compression test in accordance with ISO standards No 2872 and No 2874. For this test, each complete packaging is placed separately, in the normal transportation position , between the plates of the press ; During the test, the relative speed of the plates is 10 mm / minute . After application of a pressure of 3 500 kg/ m : over the base area , the entire packaging ( metal canisters and carton) may get slightly out of shape but must keep its entirety . Five complete packagings must be tested . Before the tests the complete , filled packagings are subjected to the following treatment in accordance with ISO standard No 2233 : storage for 48 hours at 25 °C with a relative humidity of 90 % .

2 . The conformity of the packaging with the standards defined above must have been verified by a testing agency approved by the Member State concerned , which shall issue the appropriate certificate and test report together with a description of the technical characteristics of the packaging material . The certificate provided for above shall only be valid for a period of six months . Before the expiry thereof the type of packaging used must undergo a new verification , and a new certifi­ cate valid for six months must be issued .

No L 43/ 12 15 . 2 . 77 Official Journal of the European Communities

3 . Markings on the packaging The metal canister shall have stamped upon it the following information in the language or languages specified in the notice of invitation to tender : (a) the description : ' Butteroil ' ; (b) the words : 'Gift of the European Economic Community' (to be completed as appropriate for each individual delivery) ; (c) the net weight ; (d) the month and year of manufacture ; (e) the processing undertaking — in code . In addition to the above, the following must be marked on both sides of each carton : the manufacturer's lot number and the number of cartons making up the lot .

15 . 2 . 77 Official Journal of the European Communities No L 43/ 13

ANNEX III

AMENDMENTS TO THE ANNEX TO REGULATION ( EEC) No 1687 / 76

1 . In I. Products to be exported in the same state as that in which they were when removed from intervention stock' add after paragraph 9 the following paragraph 10 and the footnote ( l0) : ' 10 . Commission Regulation (EEC) No 303 /77 of 14 February 1977 on general rules for the supply of skimmed-milk powder and butteroil as food aid ( ,0).

(' 0) OJ No L 43, 15. 2 . 1977, p. 1 .'.

2 . In ' II . Products subject to a use and/or destination other than that mentioned under I '.

A. delete paragraph 8 and the corresponding footnote ; these provisions shall , however, continue to apply to deliveries for which there is provision in individual Regulations for the application of Regulation ( EEC) No 2247/75 ,

B. add after paragraph 13 the following paragraph 14 and the corresponding footnote (5 ) : ' 14. Commission Regulation ( EEC) No 303/ 77 of 14 February 1977 on general rules for the supply of skimmed-milk powder and butteroil as food aid (5 ) : (a) on the release of butter for processing into butteroil : — Section 104 : ' for processing and subsequent delivery as food aid (Regulation ( EEC) No . . ./77)', 'til forarbejdning og efterfølgende levering som fødevarehjælp (forordning (EØF) nr. . . ./77)' ; zur Verarbeitung und anschließenden Lieferung im Rahmen der Nahrungsmittelhilfe (Verordnung ( EWG ) Nr. . . ./77)', ' destiné à la transformation et à livraison ultérieure au titre de 1 aide alimentaire (règlement (CEE) n " . . ./ 77)', ' destinato alla trasformazione e successivamente alla fornitura a titolo di aiuto alimentare ( regolamento ( CEE) n . . . ./ 77)', bestemd om te worden verwerkt en vervolgens als voedselhulp te worden geleverd (Verordening ( EEG ) nr. . . ./ 77)' ;

(b) on the dispatch of butteroil ' to the port of unloading' or ' free at destination : — Section 104 : ' For export as food aid ( Regulation ( EEC) No .../ 77)', Bestemt til udførsel som fødevarehjælp ( forordning ( EØF) nr. .../77)', 'Als Nahrungsmittelhilfe auszuführen (Verordnung ( EWG ) Nr. . . ./77)', ' Destine à être exporté au titre de laide alimentaire ( règlement (CEE) n <> . . ./77)', Destinato ad essere esportato a titolo di aiuto alimentare ( regola­ mento (CEE) n . . . ./ 77)', ' Bestemd om te worden uitgevoerd als voedselhulp (Verordening ( EEG ) nr. . . ./ 77)' ; — Section 106 : The weight of butter used to produce the quantity of butteroil indi­ cated in Section 103 .

(c) on the dispatch of skimmed-milk powder or butteroil ' to the port of shipment ' : — Section 104 : ' Food aid ( Regulation ( EEC) No .../ 77) to be delivered to the port of ', ' Fødevarehjælp ( forordning ( EØF ) nr. . . ./ 77), bestemt til levering i havnen i ', ' Nahrungsmittelhilfe (Verordnung ( EWG ) Nr, . . ./ 77), zur Lieferung zum Hafen von bestimmt ',

No L 43 / 14 Official Journal of the European Communities 15 . 2 . 77

'Aide alimentaire (règlement (CEE) n° . . ./77) destinée a être livrée au port de 'Aiuto alimentare (regolamento (CEE) n . . . ./ 77), destinato ad essere consegnato nel porto di ', 'Voedselhulp (Verordening ( EEG) nr. . . ./ 77), bestemd om te worden geleverd in de haven van '. — Section 106 : Where appropriate the weight of butter used to produce the quan­ tity of butteroil indicated in Section 103 .

(5 ) OJ No L 43 , 15 . 2 . 1977, p. 1 .