CELEX: 31977R0264
Language: en
Date: 1977-02-04 00:00:00
Title: 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

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
inter alia for the supply to Ethiopia of 1 500 tonnes                   1.    Two of the lots of butter to be manufactured into
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 .
 ---pagebreak---  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.
The country of destination shall bear all costs                2. The successful tenderer shall inform the recip­
                                                               ient country at least 10 clear days in advance of the
subsequent to delivery including unloading costs
(such as shifting, hoisting or reception costs) and any        expected date of arrival at the port of ship's unloading.
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
4.     On delivery to the port of unloading under the          ary or accession) shall be applied to the butteroil deliv­
terms set out in paragraph 3 , the country of destina­         ered pursuant to this Regulation .
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