CELEX: 31974R0567
Language: en
Date: 1974-03-12 00:00:00
Title: Regulation (EEC) No 567/74 of the Commission of 8 March 1974 on the supply of butteroil as food aid to the countries of the Sahel and Ethiopia

12. 3 . 74                                   Official Journal of the European Communities                            No L 69/3
                                REGULATION (EEC) No 567/74 OF THE COMMISSION
                                                            of 8 March 1974
                 on the supply of butteroil as food aid to the countries of the Sahel and Ethiopia
THE COMMISSION OF THE EUROPEAN                                          — the location of the coldstore where the butter
COMMUNITIES,                                                                 which is to be manufactured into butteroil is in
                                                                             stock ;
Having regard to the Treaty establishing the European
Economic Community ;                                                    — the quantity of butteroil to be delivered ;
Having regard to Council Regulation (EEC) No                            — the destination and means of delivery ;
804/68 ( ! ) of 27 June 1968 on the common organiza­                    — the closing date and address for the receipt of
tion of the market in milk and milk products, as last                         tenders ;
amended by Regulation (EEC) No 419/74 (2), and in
particular Article 6 (7) and Article 28 thereof ;                       — the date on which delivery is to take place.
Whereas Council Regulation (EEC) No 3583/73 (3) of                      2.      The   notice of invitation   to tender shall   be
28 December 1973 laying down general rules for the                      published in the Official Journal of the European
supply of milk fats as food aid to the countries of the                 Communities at least 10 days before the closing date
Sahel and Ethiopia provides for the placing at the                      for the submission of tenders .
disposal of those countries of 6 000 metric tons of
butteroil obtained from 7 320 metric tons of butter
                                                                        3 . The intervention agency shall take the measures
held by intervention agencies ;                                         necessary to enable interested parties to examine at
Whereas the processing of butter into butteroil, its                    their own costs, before submitting a tender, samples
packaging and transportation shall, pursuant to Article                 from the butter.
2 of Regulation (EEC) No 3583/73 , be covered by a
tender procedure ;
                                                                                                 Article J
Whereas, so far as the tender procedure is concerned,
it is essential to repeat that established by Commis­
sion Regulation (EEC) No 2537/72 (4) of 4 December                      The invitation to tender shall be open to processing
 1972, concerning the tender procedure for the supply                   undertakings approved for this purpose by the
of butteroil for shipment to the World Food                             Member State on whose territory the processing is to
 Programme, as last amended by Regulation (EEC) No                      take place. Only those undertakings which can fulfil
 3071 /73 (5) ;                                                         the obligations provided for in this Regulation may be
                                                                        approved .
Whereas the measures provided for in this Regulation
 are in accordance with the Opinion of the Manage­
 ment Committee for Milk and Milk Products,                                                       Article 4
 HAS ADOPTED THIS REGULATION :                                           1 . Tenders shall be submitted in writing and either
                                                                         handed in against a receipt to the intervention agency
                              Article 1                                  or sent by registered letter to the intervention agency.
 When a decision is taken to supply butteroil to the                    The intervention agency may also authorize the use of
 countries of the Sahel and Ethiopia in accordance                       telex .
 with Regulation (EEC) No 3583/73 the invitation to
 tender referred to in Article 2 of the said Regulation                  2. Where the invitation to tender is in respect of
 shall be undertaken according to the detailed rules
                                                                         several lots no tender may be made for more than one
 laid down in this Regulation .                                          lot.
                               Article 2
                                                                         3.      The tender shall indicate :
  1.    The intervention agency concerned shall give
 notice of an invitation to tender indicating in parti­                  (a) the name and address of the tenderer ;
 cular :                                                                 (b) the amount for which the tenderer undertakes to
                                                                               make the delivery in question, expressed in the
 (')  OJ No   L 148 , 28 . 6 . 1968 , p. 13 .                                  currency of the Member State in which the invita­
 (2 ) OJ No   L 49 , 21 . 2 . 1974, p . 2.                                     tion to tender is made ; this amount shall include
 P)   OJ No   L 359 , 28 . 12. 1973 , p . 51 .
 (4)  OJ No   L 272, 5 . 12. 1973 , p . 15 .                                   the purchase price of the butter in accordance
 (5 ) OJ No   L 53 , 26 . 2 . 1973 , p . 4 .                                   with the conditions defined in Articles 9 and 13,
 ---pagebreak--- No L 69 /4                          Official Journal of the European Communities                               12. 3 . 74
     the costs of processing, packing and transporting         2.     Without prejudice to the provisions of paragraph
     the butteroil ;                                           1 , the successful tenderer shall be the one whose offer
(c) one or more warehouses, chosen from the list of            quotes the lowest amount. Where several offers for the
     warehouses in the notice of invitation to tender,         same amount expressed in units of account are taken
     from which the tenderer wishes to collect the             into consideration, the award shall be made by
     butter ;                                                  drawing lots .
(d) the Community port of embarkation, if transporta­
     tion is to be by sea.                                     3.     Each tenderer shall be immediately notified by
                                                               the intervention agency of the result of his participa­
4. A tender shall be valid only if it relates to an            tion in the tendering procedure .
entire lot put up for tender.
5.     Each tender must be accompanied by :                    4.     Rights and obligations arising from awards shall
                                                               not be transferable .
(a) a document certifying the approval referred to in
     Article 3 ;
(b) an undertaking from the tenderer that he will                                        Article 9
     respect the conditions laid down by Article 6 (2)
     and Article 10 ;                                          1 . The purchase price of the butter is fixed at 176
(c) a declaration by the tenderer according to which           units of account per 100 kg ex coldstore.
     he will forgo any claim regarding the quality and
                                                               2.     Subject to the provisions of Article 13 the
     characteristics of any butter sold to him ;
                                                               successful tenderer shall pay for the butter for which
(d) proof that the security referred to in Article 5 has       he takes delivery within 45 days following the date
     been lodged before the final date for submission          fixed by the intervention agency for the delivery of
     of offers .
                                                               the butteroil .
                         Article 5
 1 . The security required for the invitation to tender                                 Article 10
shall amount to 10 units of account per metric ton of
butteroil .                                                    The successful tenderer shall, by the date and at the
                                                               place fixed, deliver the quantities of butteroil
 2.     It shall take the form , at the choice of the          concerned, which shall satisfy the conditions of
 Member State concerned, either of a cheque made out           quality, packaging and marking provided in the
 in favour of the intervention agency, or of a bank            Annex to this Regulation .
 guarantee which satisfies the criteria fixed by this
 Member State .
                                                                                        Article 11
                         Article 6
                                                               Where the processing of the butter into butteroil takes
 1.     The intervention agency shall take necessary
 measures to ensure that the sucessful tenderer can             place in the Member States selling the butter, the
                                                                following provisions shall apply :
 take delivery of the butter necessary for processing
 into butteroil from the warehouse indicated in his             1 . In respect of the manufacture and packing of the
 tender.                                                            butteroil , the competent agency of the Member
                                                                    State shall ensure that :
 2.     After leaving the warehouse the butter is
 submitted to the custom 's or to an administrative
                                                                    — the quality and packing conform to Article 3
 control with the equivalent guarantees.                                (b) of Regulation (EEC) No 3583/73 ;
 3 . Butteroil delivered for the supply in question                 — the requirements of Article 6 (3) are satisfied .
 must be manufactured exclusively from butter for
 which delivery was taken by the successful tenderer            2. If the agency concerned considers that the relevant
 from the intervention agency.                                      conditions have been fulfilled, they shall issue a
                                                                    certificate of the fact to the successful tenderer.
                          Article 7
 Taking account of the tenders received and in accord­                                   Article 12
 ance with the procedure laid down in Article 30 of
  Regulation ( EEC) No 804/68 , a maximum amount                Where the processing of the butter or the removal of
 shall be fixed or else a decision shall be taken to make
                                                                the butteroil from the geographical territory of the
  no award .
                                                                Community takes place in a Member State other than
                          Article 8
                                                                that which is selling the butter, the proof that the
                                                                butter has been processed in accordance with the
  1.    A tender shall be refused if the amount proposed        conditions laid down by Article 11 ( 1 ) and/or that the
  is more than the maximum amount valid for the lot             removal from the geographical territory of the
  in question . •                                               Community has taken place must be provided by the
 ---pagebreak--- 12. 3 . 74                              Official Journal of the European Communities                              No L 69/5
production of the copy of the control document envis­                 — the control copy number provided by the
aged in Article 1 of Commission Regulation (EEC)                            export office of the Member State selling the
No 2315/69 (!) of 19 November 1969, concerning the                          butter as well as the name of that office ;
use of Community transit documents arising from the                   — the weight of butter used to produce the butter­
application of Community measures following the                             oil indicated in Box 103 .
control of use and/or destination of goods.
                                                                      The Customs office which verifies the destination
The boxes numbered 101 , 103 and 104 in the control                   of the butteroil under (b) shall endorse the control
copy shall be completed. Box number 104 shall be                      copy provided by the office which verifies the
completed by striking out the unnecessary references                  processing referred to under (a) and shall send this
and inserting under the second paragraph one of the                   copy via the aforesaid office to the export office of
following phrases :                                                   the Member State selling the butter.
1 . if the butter is to be processed in another Member
     State :                                                       2. If the butter is processed into butteroil in the
                                                                      Member State selling the butter and is to leave the
     ' Beurre destine                                                 geographical territory of the Community from
     (a) å étre transformé en butteroil                               another Member State :
     (b) puis à être exporté au titre de 1 aide alimentaire           ' Butteroil destiné à être exporté au titre de 1 aide
           (règlement (CEE) No 3583/73)' ;                            alimentaire (règlement (CEE) n0 3583/73)'.
        Butter bestimmt :                                             'Als Nahrungsmittelhilfe auszufuhrendes butteroil
                                                                      (Verordnung (EWG) Nr. 3583/73)'.
     (a) zur Verarbeitung zu butteroil
                                                                         Butteroil destinato ad essere esportato a titolo di
     (b) alsdann zur Ausfuhr als Nahrungsmittelhilfe                   aiuto alimentare (regolamento (CEE) n . 3583/73)'.
           (Verordnung (EWG) Nr. 3583/73)' ;
                                                                       ' Butteroil bestemd om te worden uitgevoerd als
      ' Burro destinato :                                              voedselhulp (Verordening (EEG) nr. 3583/73)'.
      (a) ad essere trasformato in butteroil                           ' Butteroil destined to be exported as food aid (Regu­
      (b) ad essere esportato a titolo di aiuto alimentare             lation (EEC) No 3583/73)'.
            (Regolamento (CEE) nr. 3583/73)' ;                           Butteroil bestemt til eksport som fødevarehjaelp
      ' Boter bestemd :
                                                                       (forordning (EØF) nr. 3583/73)'.
                                                                       The Customs Office which verifies the destination
      (a) om te worden verwerkt tot butteroil
                                                                        shall endorse the control copy and shall send this
      (b) om nadien te worden uitgevoerd als voedsel­
                                                                        copy to the export office of the Member State
            hulp (Verordening (EEG) nr. 3583/73)'.                      selling the butter.
        Butter to be :
       (a) processed into butteroil ; and then                                                Article 13
       (b) exported as food aid (Regulation (EEC) No               Upon presentation of the documents referred to :
            3583/73)'.
                                                                   — in Articles 11 (2), 15 and of a Customs document
       'Smør bestemt til :
                                                                         proving that the product has been removed from
       (a) fremstilling af butteroil                                     the geographical territory of the Community
       (b) herefter til eksport          som     fødevarehjaelp          where the processing of the butter and the
             (Forordning (EØF) nr. 3583/73)'.                            removal of the butteroil have taken place in the
                                                                         selling Member State,
        Where the export control referred to under (b) is           — in Articles 12 ( 1 ) and 15, where the processing
        completed in a Member State other than that                      into butteroil takes place in a Member State other
        where the processing referred to under (a) takes                 than that selling the butter,
        place, the customs office which verifies the
                                                                    — in Articles 11 (2), 12 (2) and 15, where the
        processing referred to under (a) shall send the
        control copy to the export office of the Member                   processing of butter into butteroil is completed in
        State selling the butter, indicating that it has only             the territory of the Member State selling the butter
        verified the processing referred to under (a) and                 and where the removal from the geographical terri­
        shall deliver to the interested party, a control copy             tory of the Community takes place from another
                                                                          Member State,
        as referred to in Article 1 of Regulation (EEC) No
        2315/ 69    with  Boxes   101 ,   103 ,  104 and    106     the competent agency of the selling Member State
        completed ; box 103 shall include the net weight            shall cancel, up to the amount indicated in the tender,
        of butteroil resulting from the processing under            the obligation of the successful tenderer to pay the
        (a); box 104 shall include one of the references            purchase price of the butter of which delivery was
        indicated under 2 below ; box 106 shall include :           taken, and shall pay to him, within 15 days calculated
                                                                    from the day of the presentation of the certifying
  (!) OJ No L 295, 24. 11 . 1969 , p. 14.                           documents envisaged above, the difference between
 ---pagebreak--- No L 69/6                          Official Journal of the European Communities                              12. 3 . 74
the two amounts, if this difference is to the advantage                                Article 16
of the successful tenderer.
                                                             The intervention agencies shall immediately inform
                        Article 14                            the Commission of the names of the undertakings
                                                              entrusted with transportation and the means of trans­
1 . Except in the case of force majeure, the security         port used.
required for the invitation to tender envisaged in
Article 5, shall only be released :
(a) if the tenderer has not withdrawn his tender before                                Article 17
     the contract is awarded and if the documents
     referred to in Article 13 paragraph one, two or          Except in cases of force majeure, the successful
     three as appropriate have been supplied to the           tenderer shall accept all financial responsibility which
     intervention agency,                                     would have been borne by the Community for non-de­
(b) if no award is made.                                      livery of the butteroil to the place and by the time
                                                              desired, the receiving countries having enabled
2.     The security shall be released immediately.            delivery to be effected at the place and by the time
3 . In cases of force majeure, the intervention               desired. The costs resulting from a non-delivery of
agency selling the butter shall determine the measures        butteroil following a case of force majeure shall be
necessary in view of the circumstances invoked.               borne by the competent agency of the selling Member
                                                              State .
                        Article 15
The certificate of delivery shall be handed over to the                                Article 18
successful tenderer acting as an agent of the Commu­
nity appointed by the receiving country on delivery of         No refund and no compensatory amount (monetary
the goods at the place of destination .                       and accession) shall apply to the butter and butteroil
                                                               referred to in this notice .
 In the other cases, however, the certificate of delivery
shall be issued by the representative of the interven­
 tion agency of the selling Member State if delivery has                               Article 19
been carried out cif.
 Delivery cif shall be completed as soon as the goods         This Regulation shall enter into force on the third day
 are actually taken over in the hold of the ship at the        following its publication in the Official Journal of
 port of unloading.                                            the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 8 March 1974.
                                                                         For the Commission
                                                                             The President
                                                                        Francois-Xavier ORTOLI
 ---pagebreak--- 12 . 3 . 74                            Official Journal of the European Communities                         No L 69/7
                                                              ANNEX
             I. Quality requirements for butteroil
                 Characteristics of the product : concentrated milk fat with a minimum pure fat content
                 of 99-8 °/o .
                 Compositional characteristics :
                 moisture content and non-milk fat constituents : maximum 0-2 °/o
                 fats : minimum 99-8 %>
                 free fatty acids : maximum 0-5 °/o (oleic acid )
                 amount of peroxide/kg : maximum 1 unit ( in milliequivalents of oxygen per kg)
                 flavour : fresh
                 smell : absence of smells unconnected with butteroil
            II . Packaging of butteroil
                 1 . The butteroil is to be packed in metal boxes fully filled and hermetically sealed in
                     an atmosphere of nitrogen. The box should be strong enough to withstand a seagoing
                     journey. The boxes shall not be harmful to human health nor cause a change in
                     colour, taste or odour of their contents.
                     The boxes must be sealed with a tightly crimped cover.
                 2 . The metal boxes must be packed into cartons holding 1 box of 20 kg.
                     The carton shall be of strength 29 kg/cm2 .
                     All the flaps of the cartons shall be firmly glued both top and bottom .
                 3 . The glued label on the box shall carry the following information in the language(s) of
                     the recipient country :
                     ( a ) the name : 'butteroil ',
                     ( b) the wording :
                           — 'Gift of the European Economic Community to . . .'
                           — ' to be distributed free of charge '
                     ( c ) net weight,
                     ( d ) the month and year of manufacture ,
                     ( e ) the code of the processing undertaking .
                     Apart from the above there shall appear on two sides of the carton :
                     — the number of the manufactured lot and the number of boxes making up the lot,
                     — the port of destination .