CELEX: 31983R0848
Language: en
Date: 1983-04-06 00:00:00
Title: Commission Regulation (EEC) No 848/83 of 6 April 1983 on the delivery of various consignments butteroil as food aid

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
 Economic Community,                                                  supply from public stocks; whereas, since the latter
                                                                      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
skimmed-milk powder and butteroil as food aid (4), as                 from a transaction in which they have been named 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 .
(3) OJ No  L 120, 1 . 5 . 1982, p. 5 .                                Whereas the measures provided for in this Regulation
(*) 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,
 ---pagebreak--- 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
 ---pagebreak--- 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
 ---pagebreak--- 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
 ---pagebreak--- No L 94 / 14                           Official Journal of the European Communities                                        13 . 4 . 83
                 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
 ---pagebreak--- 13 . 4 . 83                            Official Journal of the European Communities                                       No L 94 / 15
                 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
 ---pagebreak--- 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 /
                                           nomique européenne / Action de la Ligue                                Massawa'
                                           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
 ---pagebreak--- 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).'
 ---pagebreak--- No L 94 / 18                             Official Journal of the European Communities          13 . 4 . 83
             (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.