31982R0814

No L 96 /38 Official Journal of the European Communities 8 . 4 . 82

COMMISSION REGULATION ( EEC ) No 814 / 82

of 6 April 1982

on the delivery of butter as food aid to India

THE COMMISSION OF THE EUROPEAN whereas , in particular , the periods and terms for COMMUNITIES , delivery and the procedure to be followed by the intervention agencies to establish the costs arising therefrom should be laid down ;

Having regard to the Treaty establishing the European Economic Community , Whereas Article 2 ( 2 ) of Regulations ( EEC ) No 1312 / 80 and ( EEC ) No 1401 / 81 specify that , provided the normal development of prices on the market is not disturbed , the supply of butter and Having regard to Council Regulation (EEC ) No 804 / 68 butteroil as food aid shall be ensured in the form of of 27 June 1968 on the common organization of the butter or butterfats bought on the Community market if market in milk and milk products ( x ), as last amended the situation on the market does not allow supply from by the Act of Accession of Greece , and in particular public stocks ; whereas , since the latter condition has Article 6 ( 7 ) thereof, been fulfilled and the quantities involved are not so large as to disturb the normal development of prices on the market , purchases should be made on the open market to secure the necessary supplies ; Having regard to Council Regulation ( EEC ) No 1312 / 80 of 28 May 1980 laying down general rules for the supply of milk fats to certain developing countries and specialized bodies under the 1980 food-aid programme ( 2 ), and in particular Article 7 Whereas the size of the food-aid programme calls for a thereof, discontinuous series of deliveries and the time normally needed to carry out a delivery is several months ; whereas the Commission will probably have cause during the 1981 / 82 milk year to fix maximum amounts Having regard to Council Regulation (EEC) for deliveries due to be made during the 1982 / 83 milk No 1401 / 81 of 19 May 1981 laying down general rules year ; for the supply of milk fats to certain developing countries and specialized bodies under the 1981 food-aid programme ( 3 ), and in particular Article 7 thereof, Whereas , given the foregoing and the close link between the market price of butter and skimmed-milk powder on the one hand and the intervention prices for these products on the other , it is likely that potential suppliers Whereas , under the food-aid programmes adopted by will hold back until the Council 's decisions on common the Council Regulations specified in the Annex , India agricultural prices and agri-monetary measures are has requested delivery of the quantity of butter set out known ; whereas past experience has shown that , in therein ; such a situation of uncertainty , several potential suppliers prefer not to submit tenders or submit them on the basis of inaccurate or differing forecasts , hence taking the risk that their tender will either not be Whereas , therefore , delivery should be effected in accordance with the rules laid down in Commission accepted or involve them in serious losses leading them to withdraw later from a transaction in which they have Regulation ( EEC ) No 303 / 77 of 14 February 1977 been named as successful tenderer or contracting party laying down general rules for the supply of by mutual agreement ; whereas , in order to encourage skimmed-milk powder and butteroil as food aid ( 4 ), as tenders and to ensure that they are not based on last amended by Regulation ( EEC ) No 3474 / 80 ( 5 ); theoretical considerations making them impossible to assess objectively , it is necessary to allow for an increase at the time of payment in the price of successful tenders (») OJ No L 148 , 28 . 6 . 1968 , p . 13 . for deliveries to be made during the 1982 / 83 milk year , ( 2 ) OJ No L 134 , 31 . 5 . 1980 , p . 14 . ( 3 ) OJ No L 141,27 . 5 . 1981 , p . 5 . the increase being based on the change in the ( 4 ) OJ No L 43 , 15 . 2 . 1977 , p . 1 . intervention price , expressed in national currency , as ( s ) OJ No L 363 , 31 . 12 . 1980 , p . 50. decided by the Council for the 1982 / 83 milk year;

8 . 4 . 82 Official Journal of the European Communities No L 96 /39

Whereas the measures provided for in this Regulation (b ) with regard to application of the second are in accordance with the opinion of the Management subparagraph of Article 14 ( 1 ) of Regulation ( EEC ) Committee for Milk and Milk Products , No 303 / 77 , the references there given shall be considered replaced by that given in note ( 2 ) in the Annex to this Regulation ;

( c) the tendering security referred to in Article 15 ( 1 ) of Regulation ( EEC ) No 303 / 77 shall amount to 39 • 65 ECU per tonne of butter . HAS ADOPTED THIS REGULATION : In the case of supplies of butter bought on the Article 1 Community market and for which the delivery date referred to in item 9 of the Annex falls after the end of the 1981 / 82 milk year , the sum paid on tenders The intervention agency referred to in the Annex shall resulting from application of the procedure referred to arrange for delivery of the butter as food aid on the in item 12 of the Annex shall be increased at the time of special conditions set out in the Annex . payment to reflect a multiplication of the intervention price of butter, as expressed in the currency of the Member State in which the tender was submitted , in The provisions of Regulation (EEC ) No 303 / 77 concerning the supply of butteroil shall apply as consequence of the Council's decisions on common follows : agricultural prices and agri-monetary measures for the 1982 / 83 milk year .

( a) with regard to checking that the quality and Article 2 packaging comply with the conditions laid down in the Annex to this Regulation , the provisions of This Regulation shall enter into force on the third day Article 8 of Regulation ( EEC ) No 303 / 77 shall following its publication in the Official Journal of the apply ; European Communities .

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

Done at Brussels , 6 April 1982 .

For the Commission Poul DALSAGER Member of the Commission

No L 96 /40 Official Journal of the European Communities 8 . 4 . 82

ANNEX ( l )

Consignment A B

1 . Application of Council Regu­ lations : ( a) legal basis ( E'EC ) No 1401 / 81 ( 1981 programme ) ( b ) affectation ( EEC ) No 1402 / 81

2 . Beneficiary 3 . Country of destination ^j- India

4 . Total quantity of the con­ 500 tonnes 400 tonnes signment

5 . Intervention agency responsible Will result from application of the procedure referred to in point 12 for delivery

6 . Origin of the butter Bought on the Community market

7 . Special characteristics and / or See note ( 2 ) packaging

8 . Markings on the packaging 'Butter / Supplied to the Indian Dairy Corporation under the food-aid programme of the European Economic Community' followed by :

'Bombay' 'Calcutta'

9 . Delivery period Loading in May 1982

10 . Stage and place of delivery Community port of loading operating a regular service with the recipient country ( 3 )

11 . Representative of the beneficiary responsible for reception

12 . Procedure to be applied to Tender determine the costs of supply

13 . Expiry of the time limit for 12 noon on 3 May 1982 submission of tenders

8 . 4 . 82 Official Journal of the European Communities No L 96 /41

Consignment C D

1 . Application of Council Regu­ lations : ( a ) legal basis ( EEC ) No 1401 / 81 ( 1981 programme ) ( b ) affectation ( EEC ) No 1402 / 81

2 . Beneficiary 3 . Country of destination j India

4 . Total quantity of the con­ 587 tonnes 587 tonnes signment

5 . Intervention agency responsible Will result from application of the procedure referred to in point 12 for delivery

6 . Origin of the butter Bought on the Community market

7 . Special characteristics and / or See note ( 2 ) packaging

8 . Markings on the packaging 'Butter / Supplied to the Indian Dairy Corporation under the food-aid programme of the European Economic Community' followed by :

'Bombay' 'Calcutta'

9 . Delivery period Loading in June 1982

10 . Stage and place of delivery Community port of loading operating a regular service with the recipient country ( 3 )

11 . Representative of the beneficiary responsible for reception

12 . Procedure to be , applied to Tender determine the costs of supply

13 . Expiry of the time limit for 12 noon on 3 May 1982 submission of tenders

No L 96 /42 8 . 4 . 82 Official Journal of the European Communities

Consignment E F

1 . Application of Council Regu­ lations : ( a ) legal basis ( EEC ) No 1312 / 80 ( 1980 programme ) ( EEC ) No 1401 / 81 ( 1981 programme ) ( b ) affectation ( EEC ) No 1313 / 80 ( EEC ) No 1402 / 81

2 . Beneficiary­ 3 . Country of destination j- India

4 . Total quantity of the con­ 200 tonnes 350 tonnes signment

5 . Intervention agency responsible Will result from application of the procedure referred to in point 12 for delivery

6 . Origin of the butter Bought on the Community market

7 . Special characteristics and / or See note ( 2 ) packaging

8 . Markings on the packaging 'Butter / Supplied to the Indian Dairy Corporation under the food-aid programme of the European Economic Community' followed by :

'Bombay' 'Calcutta'

9 . Delivery period Loading in July 1982

10 . Stage and place of delivery Community port of loading operating a regular service with the recipient country ( 3 )

11 . Representative of the beneficiary responsible for reception

12 . Procedure to be applied to Tender determine the costs of supply

13 . Expiry of the time limit for 12 noon on 3 May 1982 submission of tenders

8 . 4 . 82 Official Journal of the European Communities No L 96 /43

Notes :

( J ) This Annex , together with the notice published in Official Journal No C 95 of 19 April 1977 , page 7 , takes the place of an invitation to tender from the intervention agencies concerned in cases where , under point 12 , there must be a tendering procedure . ( 2 ) The unsalted butter must be made from pasturized fresh cream and contain no colouring matters or neutralizers . The butter must have no smell and must be of an even texture . The butter must conform to the following technical specifications : — fat content : minimum 82 % , — water content : maximum 16 % , — non-fat dey matter content : maximum 1 • 5 %., — pH between 6 and 6-7 . The packaging must conform to specifications laid down in Article 5 ( 2 ) and ( 3 ) of Regulation (EEC ) No 685 / 69 . The butter must be transported at a temperature between - 18 and - 10 °C (0 and 14 °F ). Yeast and mould : below 20 per gram . ( 3 ) Delivery fob 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 have actually been lifted across the rails of the vessel at the port of shipment designated for delivery .