31983R0848
No L 94 / 10 Official Journal of the European Communities 13.4 . 83
COMMISSION REGULATION (EEC) No 848 /83
of 6 April 1983
on the delivery of various consignments of butteroil as food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES, prices on the market is not disturbed, the supply of butter and butteroil as food aid shall be ensured in the form of butter or butterfats bought on the Community market if the situation on the market does not allow Having regard to the Treaty establishing the European supply from public stocks; whereas, since the latter Economic Community, condition has 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 804/68 of 27 June 1968 on the common organization of the market in milk and milk products ( 1), as last amended by Regulation (EEC) No 1183/82 (2), and in particular Article 6 17) thereof, Whereas the size of the food-aid programme calls for a • discontinuous series of deliveries and the time normally needed to carry out a delivery is several months; whereas the Commission will probably have cause Having regard to Council Regulation (EEC) No 1039/ during the 1982/83 milk year to fix maximum amounts 82 of 26 April 1982 laying down general rides for for deliveries due to be made during the 1983 /84 milk the supply of milk fats to certain developing countries year ; and specialized bodies under the 1982 food-aid programme (3), and in particular Article 7 thereof,
Whereas, given the foregoing and the close link between Whereas, under the food-aid programmes adopted by the market price of butter and skimmed-milk powder the Council Regulations specified in the Annex, certain on the one hand, and the intervention prices for these recipient third countries and agencies have requested products on the other, it is likely that potential suppliers delivery of the quantity of butteroil set out therein; will hold back until the Council's decisions on common agricultural prices and agri-monetary measures are known; whereas past experience has shown that, in such a situation of uncertainty, several potential Whereas, therefore, delivery should be effected in suppliers prefer not to submit them on the basis of accordance with the rules laid down in Commission inaccurate or differing forecasts, hence taking the risk Regulation (EEC) No 303 /77 of 14 February 1977 that their tender will either not be accepted or involve laying down general rules for the supply of them in serious losses leading them to withdraw later from a transaction in which they have been named as skimmed-milk powder and butteroil as food aid (4), as last amended by Regulation (EEC) No 3474/80 (5); successful tenderer or contracting party by mutual whereas, in particular, the periods and terms for agreement; whereas, in order to encourage tenders and delivery and the procedure to be followed by the to ensure that they are not based on theoretical intervention agencies to establish the costs arising considerations making them impossible to assess therefrom should be laid down; objectively, it is necessary to allow for an increase at the time of payment in the price of successful tenders for deliveries to be made during the 1983 /84 milk year, the increase being based on the change in the intervention Whereas Article 2 (2) of Regulation (EEC) No 1039/82 price, expressed in national currency, as decided by the specifies that, provided the normal development of Council for the 1983 /84 milk year;
(») OJ No L 148 , 28 . 6. 1968 , p. 13 . (2) OJ No L 140, 20. 5 . 1982, p. 1 . Whereas the measures provided for in this Regulation (3) OJ No L 120, 1 . 5 . 1982, p. 5 . (*) OJ No L 43 , 15 . 2. 1977, p. 1 . are in accordance with the opinion of the Management (5) OJ No L 363 , 31 . 12. 1980, p. 50. Committee for Milk and Milk Products,
13 . 4 . 83 Official Journal of the European Communities No L 94 / 11
HAS ADOPTED THIS REGULATION: of the Member State in which the tender was submitted, by a factor of 1,22 or 1,25 depending on whether the fat content of the butter is 82 % and more or under Article 1 82 % , in consequence of the Council's decisions on common agricultural prices and agri-monetary measures In accordance with the provisions of Regulation (EEC) for the 1983 /84 milk year. Successful tenderers may No 303/77, the intervention agencies listed in the avail themselves of this provision only from the seventh Annex shall arrange for the delivery of butteroil as food day of the 1983 /84 milk year onwards and only if they aid on the terms specified therein. furnish evidence that the butter has been manufactured after the new intervention prices have come into effect. In the case of supplies of butteroil made from butter or cream bought on the Community market and for which the delivery date referred to in item 9 of the Annex falls after the end of the 1982/83 milk year, the sum paid on Article 2 tenders resulting from application of the procedure referred to in item 12 of the Annex shall be increased at This Regulation shall enter into force on the third day the time of payment to reflect a multiplication of the following its publication in the Official Journal of the intervention price of butter, as expressed in the currency European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 April 1983 .
For the Commission
Poul DALSAGER Member of the Commission
No L 94 / 12 Official Journal of the European Communities 13 . 4 . 83
ANNEX 1
Consignment A
1 . Application of Council Regu lations : ( a ) legal basis ( EEC ) No 1039 / 82 ( 1982 programme) ( b) affectation ( EEC ) No 1040 / 82
2 . Beneficiary f Grenada 3 . Country of destination J
4 . Total quantity of the con 15 tonnes signment
5 . Intervention agency responsible British for delivery
6 . Origin of the butteroil ( 2 ) To be manufactured from butter or cream bought on the Community market
7 . Special characteristics and / or In 5 kg tins , coated internally with food-can varnish or having undergone treatment giving packaging ( 3 ) equivalent guarantees
8 . Markings on the packaging 'Butteroil / Gift of the European Economic Community to Grenada / For free distribution '
9 . Delivery period Loading in April 1983
10 . Stage and place of delivery Community port of loading operating a regular service with the recipient country ( s )
11 . — Representative of the beneficiary responsible for reception ( 4 )
12 . Procedure to be applied to Mutual agreement determine the costs of supply
13 . — Expiry of the time limit for submission of tenders
13 . 4 . 83 Official Journal of the European Communities No L 94 / 13
Consignment 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 NGO International Committee of the Red Cross
3 . Country of destination Zaire El Salvador
4 . Total quantity of the con 20 tonnes 1 00 tonnes signment
5 . Intervention agency responsible Belgian Irish for delivery
6 . Origin of the butteroil (2 ) To be manufactured from
butter or cream bought on the intervention butter Community market
7 . Special characteristics and / or In 2,270 kg tins , In 5 kg tins , packaging ( 3 )
coated internally with food-can varnish or having undergone treatment giving equivalent guarantees
8 . Markings on the packaging 'Butteroil / Don de la Communauté éco A red cross 10 x 10 cm and , in letters at nomique européenne / Pour distribution least 1 cm high , the following markings : gratuite au Zaïre / Don non commerci ΈLS-20 / Butteroil / Donación de la alisable / Coopération BEDH-BOPR / Comunidad económica europea / Acción 82103 / Kinshasa via Matadi ' del Comité internaciónal de la Cruz-Roja / Destinado a la distribución gratuita / Acajutla'
9 . Delivery period Delivery in April 1983 Loading as soon as possible and at the latest 30 April 1983
10 . Stage and place of delivery Community port of loading operating Port of unloading Acajutla ( deposited on a regular service with the recipient the quay or on lighters ) country ( s )
11 . Representative of the beneficiary EURONAID , Van Alkemadelaan 1 , Delegación del CICR, c / o Cruz-Roja responsible for reception NL-2597 AA Den Haag (tel . salvadorena, centro de Gobernio 17, 24 17 44/24 45 94 ; telex 34278 CENEC Calle Poniente y avenida Henri Dunant , NL ) («)(')(«) San Salvador ( β ) ( 9 ) ( 10 )
12 . Procedure to be applied to Mutual agreement determine the costs of supply
13 . — Expiry of the time limit for submission of tenders
No L 94 / 14 13 . 4 . 83 Official Journal of the European Communities
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 World Food Programme
3 . Country of destination Syria Swaziland
4 . Total quantity of the con 400 tonnes 58 tonnes signment
5 . Intervention agency responsible French for delivery
6 . Origin of the butteroil ( 2 ) To be manufactured from intervention butter
7 . Special characteristics and / or In 5 kg tins , coated internally with food-can varnish or having undergone treatment giving packaging ( 3 ) equivalent guarantees
8 . Markings on the packaging 'Syria 2352 / EXT . 1 / Butteroil / 'Swaziland 2541 / Butteroil / Durban / Lattakia / Gift of the European Econo Gift of the European Economic Com mic Community / Action of the World munity / Action of the World Food Food Programme' Programme'
9 . Delivery period Delivery as soon as possible and at the latest 31 May 1983
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 ( 4 )
12 . Procedure to be applied to Tender determine the costs of supply
13 . Expiry of the time limit for 12 noon on 25 April 1983 submission of tenders
13 . 4 . 83 No L 94 / 15 Official Journal of the European Communities
Consignment F G
1 . Application of Council Regu lations : ( a ) legal basis (EEC) No 1039 / 82 ( 1982 programme ) ( b ) affectation (EEC ) No 1040 / 82
2 . Beneficiary Sierra Leone Zimbabwe 3 . Country of destination
4 . Total quantity of the con 200 tonnes 250 tonnes signment
5 . Intervention agency responsible British German for delivery
6 . Origin of the butteroil ( 2 ) To be manufactured from intervention butter
7 . Special characteristics and / or In 5 kg tins , coated internally with ( 12 ) packaging ( 3 ) food-can varnish or having undergone treatment giving equivalent guarantees
8 . Markings on the packaging 'Butteroil / Gift of the European Econ 'Butteroil / Gift of the European Econ omic Community to Sierra Leone / For omic Community to Zimbabwe' free distribution'
9 . Delivery period Loading as soon as possible and at the Loading in June 1983 latest 31 May 1983
10 . Stage and place of delivery Port of unloading Freetown ( deposited on Community port of loading operating a the quay or lighters ) regular service with the recipient coun try ( 5 )
11 . — Representative of the beneficiary M. Turay , National Authorizing Officer , responsible for reception ( 4 ) First Vice-President's Office , Tower Hill , PO Box 1402 , Freetown ( n )
12 . Procedure to be applied to Tender determine the costs of supply
13 . Expiry of the time limit for 12 noon on 25 April 1983 submission of tenders
No L 94 / 16 Official Journal of the European Communities 13 . 4 . 83
Consignment 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 Licross International Committee of the Red Cross
3 . Country of destination Mauritania Ethiopia
4 . Total quantity of the con 100 tonnes 70 tonnes signment
5 . Intervention agency responsible Dutch for delivery
6 . Origin of the butteroil ( 2 ) To be manufactured from intervention butter
7 . Special characteristics and / or In 5 kg tins , In 2,270 kg tins , packaging ( 3 )
coated internally with food-can varnish or having undergone treatement giving equivalent guarantees
8 . Markings on the packaging A red crescent 1 0 cm high with the points ΈTH-53 / Butteroil / Gift of the Euro towards the left and the following text in pean Economic Community / Action of lettering at least 1 cm high : the International Committee of the Red 'Butteroil / Don de la Communauté éco Cross / For free distribution in Ethiopia / Massawa' nomique européenne / Action de la Ligue des sociétés de la Croix-Rouge / Pour distribution gratuite en Mauritanie / Nouakchott'
9 . Delivery period Loading in May 1983
10 . Stage and place of delivery Port of unloading ( deposited on the quay or on lighters )
Nouakchott Massawa
U. Representative of the beneficiary Croissant-Rouge mauritanien , avenue ICRC Delegation , PO Box 5701 , Addis responsible for reception General Abdel Nasser , boîte postale 344 , Ababa , Ethiopia ( u ) Nouakchott ( 13 ) ( M ) ( 15 )
12 . Procedure to be applied to Tender determine the costs of supply
13 . Expiry of the time limit for 12 noon on 25 April 1983 submission of tenders
13.4 . 83 Official Journal of the European Communities No L 94 / 17
Notes:
i 1) 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 this Regulation.
2) In cases where the goods come from intervention stocks, an additional notice stating the warehouses where the product is stored will be published in the 'C' series of the Official Journal of the European Communities.
3) Other than those set out in Annex II to Regulation (EEC) No 303 /77.
4) 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).
(s) 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.
6) A copy of the dispatch documents should be sent to the following address : Délégation de la Commission des Communautés européennes, boite postale 2000, Kinshasa, Zaïre.
C) The successful tenderer shall send to: MM. M. H. Schutz BV, Insurance Brokers, Blaak 16 , NL-3011 TA Rotterdam, on delivery, a copy of the commercial invoice in respect of each part-quantity.
8) The successful tenderer shall send to the beneficiaries' agents, on delivery, a certificate of origin and a health certificate.
9) The bill of lading must contain the following information : ' NOTIFY-ADDRESS : 1 . Consignee; 2 . Delegation del CICR, Hotel El Salvador Sheraton, PO Box 06-1068 , San Salvador.'
( 10) The successful tenderer shall send to the representative of the beneficiary, on delivery, a pro-forma invoice with the entry : 'Los productos mencionados llegan a El Salvador como donativo al pueblo da este país. Según el acuerdo de sede firmado el 12 de septiembre de 1980 (Article 11 ) el Gobierno autoriza su introduc ción libre de todo tipo de impuestos.'
( u) A copy of the dispatch documents should be sent to the following address: Délégation de la Commission des Communautés européennes, boite postale 1399, Freetown . ( 12) In new bunged metal drums, coated inside with food-can varnish or having been subject to a procedure giving equivalent guarantees, of 190 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.
( 13) The bill of lading must contain the following information : 'NOTTFY-ADDRESS : 1 . Consignee; 2 . Ligue des sociétés de la Croix-Rouge, boite postale 276, CH-1211 Geneve 19 , ( telex 22 555 CH).'
No L 94 / 18 13 . 4 . 83 Official Journal of the European Communities
( 14) The successful tenderer should send two copies of the dispatch documents to : Mr Burtin, Ligue des sociétés de la Croix-Rouge, boîte postale 276, CH-1211 Geneve 19 .
(1S) A copy of the dispatch documents should be sent to the following address: Délégation de la Commission des Communautés européennes, boîte postale 213 , Nouakchott, Mauritanie.
( 16) A copy of the dispatch documents should be sent to the following address: Delegation of the Commission of the European Economic Communities, PO Box 5570 , Addis Ababa, Ethiopia.