31982R1098

11 . 5 . 82 Official Journal of the European Communities No L 129 / 1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EEC) No 1098 /82

of 7 May 1982 on the delivery of various consignments of butteroil as food aid to India

THE COMMISSION OF THE EUROPEAN COMMUNITIES , 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 Regulation (EEC) No 1039/82 specifies that, provided the normal development of prices on the market is not disturbed, the supply of butter and butteroil as food aid shall be ensured in the Having regard to Council Regulation (EEC) No 804/68 form of butter or butterfats bought on the Community of 27 June 1968 on the common organization of the market if the situation on the market does not allow market in milk and milk products (*), as last amended supply from public stocks; whereas, since the latter by the Act of Accession of Greece, and in particular condition has been fulfilled and the quantities involved Article 6 (7) thereof, 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 1039/ 82 of 26 April 1982 laying down general rules for the supply of milk fats to certain developing countries and Whereas the size of the food-aid programme calls for a specialized bodies under the 1982 food-aid discontinuous series of deliveries and the time normally programme (2), and in particular Article 7 thereof, 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 for deliveries due to be made during the 1982/83 milk Whereas, under the food-aid programmes adopted by year ; the Council Regulations specified in the Annex, India has requested delivery of the quantity of butteroil set out therein ; Whereas, given the foregoing and the close link between the market price of butter and skimmed-milk powder Whereas, therefore, delivery should be effected in on the one hand and the intervention prices for these accordance with the rules laid down in Commission products on the other, it is likely that potential suppliers will hold back until the Council's decisions on common Regulation (EEC) No 303 /77 of 14 February 1977 laying down general rules for the supply of agricultural prices and agri-monetary measures are skimmed-milk powder and butteroil as food aid (3 ), as known; whereas past experience has shown that, in last amended by Regulation (EEC) No 3474/80 (4); such a situation of uncertainty, several potential whereas, in particular, the periods and terms for suppliers prefer not to submit tenders or submit them delivery and the procedure to be followed by the on the basis of inaccurate or differing forecasts, hence taking the risk that their tender will either not be accepted or involve them in serious losses leading them to withdraw later from a transaction in which they have (») OJ No L 148 , 28 . 6. 1968 , p. 13 . (2) OJ No L 120, 1 . 5 . 1982, p . 5 . been named as successful tenderer or contracting party (3 ) OJ No L 43 , 15 . 2 . 1977, p. 1 . by mutual agreement; whereas, in order to encourage (4) OJ No L 363 , 31 . 12 . 1980, p. 50. tenders and to ensure that they are not based on

No L 129 / 2 Official Journal of the European Communities 11 . 5 . 82

theoretical considerations making them impossible to Annex shall arrange for the delivery of butteroil as food assess objectively, it is necessary to allow for an increase aid on the terms specified therein. at the time of payment in the price of successful tenders for deliveries to be made during the 1982/83 milk year, In the case of supplies of butteroil made from butter or the increase being based on the change in the cream bought on the Community market and for which intervention price, expressed in national currency, as the delivery date referred to in item 9 of the Annex falls decided by the Council for the 1982/83 milk year; after the end of the 1981 /82 milk year, the sum paid on tenders resulting from application of the procedure Whereas the measures provided for in this Regulation referred to in item 12 of the Annex shall be increased at are in accordance with the opinion of the Management the time of payment to reflect a multiplication of the Committee for Milk and Milk Products, intervention price of butter, as expressed in the currency of the Member State in which the tender was submitted, by a factor of 1-22 in consequence of the Council's decisions on common agricultural prices and agri­ monetary measures for the 1982/83 milk year. HAS ADOPTED THIS REGULATION:

Article 2 Article 1 This Regulation shall enter into force on the third day In accordance with the provisions of Regulation (EEC) following its publication in the Official Journal of the No 303 /77, the intervention agencies listed in the European Communities.

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

Done at Brussels, 7 May 1982 .

For the Commission

Poul DALSAGER Member of the Commission

11 . 5 . 82 No L 129 / 3 Official Journal of the European Communities

ANNEX ')

Consignment A B C

1 . Application of Council Regu­ lations : ( a ) legal basis ( EEC ) No 1039 / 82 ( 1982 programme ) ( b ) affectation ( EEC ) No 1040 / 82

2 . Beneficiary India 3 . Country of destination }

4 . Total quantity of the con­ 500 tonnes 250 tonnes 250 tonnes signment

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

6 . Origin of the butteroil To manufacture from butter or cream bought on the Community market

7 . Special characteristics and / or ( 4 ) In 20 kg tins | In 5 kg tins packaging ( 2 ) coated internally with food-can varnish or having undergone treatment giving equivalent guarantees

8 . Markings on the packaging 'Butteroil / Supplied to the Indian Dairy Corporation under the food-aid programme of the European Economic Community / Bombay'

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 ( 5 )

11 . — Representative of the beneficiary responsible for reception ( 3 )

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

13 · Expiry of the time limit for 12 noon on 24 May 1982 submission of tenders

No L 129 / 4 Official Journal of the European Communities 11 . 5 . 82

Consignment D E

1 . Application of Council Regu­ lations : ( a ) legal basis ( EEC ) No 1039 / 82 ( 1982 programme) ( b ) affectation ( EEC ) No 1040 / 82

2 . Beneficiary 3 . ^j· India

Country of destination

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

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

6 . Origin of the butteroil To manufacture from butter or cream bought on the Community market

7 . Special characteristics and / or In 5 kg tins In 20 kg tins packaging ( 2 )

coated internally with food-can varnish or having undergone treatment giving equivalent guarantees

8 . Markings on the packaging 'Butteroil / Supplied to the Indian Dairy Corporation under the food-aid programme of the European Economic Community / Bombay'

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 ( 5 )

11 . Representative of the beneficiary responsible for reception ( 3 )

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

13 . Expiry of the time limit for 12 noon on 24 May 1982 submission of tenders

11 . 5 . 82 No L 129 / 5 Official Journal of the European Communities

Consignment F G H I

1 . Application of Council Regu­ lations : (a ) legal basis (EEC ) No 1039 / 82 ( 1982 programme ) ( b ) affectation ( EEC ) No 1040 / 82

2 . Beneficiary India 3 . Country of destination }

4 . Total quantity of the con­ 250 tonnes 250 tonnes 300 tonnes 200 tonnes signment

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

6 . Origin of the butteroil To manufacture from butter or cream bought on the Community market

7 . Special characteristics and / or ( 4 ) In 5 kg tins | in 20 kg tins packaging ( 2 ) coated internally with food-can varnish or having undergone treatment giving equivalent guarantees

8 . Markings on the packaging 'Butteroil / Supplied to the Indian Dairy Corporation under the food-aid programme of the European Economic Community / Calcutta'

9 . Delivery period Loading in June 1982 Loading in July 1982

10 . Stage and place of delivery Community port of loading operating a regular service with the recipient country ( 5 )

11 . — Representative of the beneficiary responsible for reception ( J )

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

13 . Expiry of the time limit for 12 noon on 24 May 1982 submission of tenders

No L 129 / 6 Official Journal of the European Communities 11 . 5 . 82

Notes:

(*) 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. Payment will be effected taking into account the possible increase foreseen in Article 1 of the present Regulation.

2) Other than those set out in the Annex to Regulation (EEC) No 625/78 ; see Article 6 (2 ) of Regulation (EEC) No 303 /77.

(3 ) Only in the case of delivery ' to the port of unloading ' and 'free at destination'; see Article 5 and the last indent of Article 13 ( 1 ) of Regulation ( EEC) No 303 /77.

(4 ) In new bunged metal drums, coated inside with food-can varnish or having been subject to a procedure giving equivalent guarantees, of 1 90 to 200 kg (to be indicated in the tender) net weight, fully filled and hermetically sealed in an atmosphere of nitrogen. The drums should be strong enough to withstand a long sea journey. Their composition must not be such as to be harmful to human health or to cause a change in the colour, taste or odour of their contents. Each drum must be fully leakproof.

5) 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 .