CELEX: 31983R1119
Language: en
Date: 1983-05-05 00:00:00
Title: Commission Regulation (EEC) No 1119/83 of 5 may 1983 on the delivery of various consignments of butteroil as food aid

12 . 5 . 83                                 Official Journal of the European Communities                             No L 125 / 1
                                                                     I
                                                  (Acts whose publication is obligatory)
                                           COMMISSION REGULATION (EEC) No 1119/ 83
                                                              of 5 May 1983
                                   on the delivery of various consignments of butteroil as food aid
THE COMMISSION OF THE EUROPEAN                                          Regulation ( EEC) No 303 / 77 of 14 February 1977
COMMUNITIES ,                                                           laying down general rules for the supply of
                                                                        skimmed-milk powder and butteroil as food aid ( 5 ), as
                                                                        last amended by Regulation (EEC ) No 3474 / 80 ( 6 );
                                                                        whereas in particular the periods and terms for delivery
Having regard to the Treaty establishing the European                   and the procedure to be followed by the intervention
Economic Community ,                                                    agencies to establish the costs arising therefrom should
                                                                        be laid down ;
Having regard to Council Regulation (EEC) No 804 / 68
of 27 June 1968 on the common organization of the                       Whereas Articles 2 ( 2) of Regulations (EEC )
market in milk and milk products ( J ), as last amended                 No 1401 / 81 and (EEC ) No 1039 / 82 specify that,
by Regulation ( EEC ) No 1183 / 82 ( 2 ), and in particular             provided the normal development of prices on the
Article 6 (7 ) thereof,                                                 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
Having regard to Council Regulation (EEC )                              the situation on the market does not allow supply from
No 1401 / 81 of 19 May 1981 laying down general rules                   public stocks; whereas, since the latter condition has
for the supply of milk fats to certain developing                       been fulfilled and the quantities involved are not so
countries and specialized bodies under the 1981                         large as to disturb the normal development of prices on
food-aid programme ( 3 ), and in particular Article 7                   the market, purchases should be made on the open
thereof,                                                                market to secure the necessary supplies ;
Having regard to Council Regulation ( EEC )                             Whereas the size of the food-aid programme calls for a
No 1039 / 82 of 26 April 1982 laying down general                       discontinuous series of deliveries and the time normally
rules for the supply of milk fats to certain developing                 needed to carry out a delivery is several months;
countries and specialized bodies 'under the 1982                        whereas the Commission will probably have cause
food-aid programme ( 4 ), and in particular Article 7                   during the 1982 / 83 milk year to fix maximum amounts
thereof,                                                                for deliveries due to be made during the 1983 / 84 milk
                                                                        year; whereas, given the foregoing and the close link
                                                                        between the market price of butter and skimmed-milk
Whereas, under the food-aid programmes adopted by                       powder on the one hand and the intervention prices for
the Council Regulations specified in the Annex , certain                these products on the other , it is likely that potential
recipient third countries and agencies have requested                   suppliers will hold back until the Council's decisions on
delivery of the quantity of butteroil set out therein ;                 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 tenders or submit them
accordance with the rules laid down in Commission                       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 140 , 20 . 5 . 1982, p. 1 .
(3)  OJ   No L 141 , 27 . 5 . 1981 , p. 5 .                             ( 5 ) OJ No L 43 , IS . 2 . 1977 , p . 1 .
(4)  OJ   No L 120 , 1 . 5 . 1982 , p. 5 .                              ( 6 ) OJ No L 363 , 31 . 12 . 1980 , p . 50 .
 ---pagebreak--- No L 125 / 2                            Official Journal of the European Communities                                12 . 5 . 83
been named as successful tenderer or contracting party             In the case of supplies of butteroil made from butter or
by mutual agreement; whereas, in order to encourage                cream bought on the Community market and for which
tenders and to ensure that they are not based on                   the delivery date referred to in item 9 of the Annex falls
theoretical considerations making them impossible to               after the end of the 1982/ 83 milk year, the sum paid on
assess objectively , it is necessary to allow for an increase      tenders resulting from application of the procedure
at the time of payment in the price of successful tenders          referred to in item 12 of the Annex shall be increased at
for deliveries to be made during the 1983 / 84 milk year,          the time of payment to reflect a multiplication of the
the increase being based on the change in the                      intervention price of butter, as expressed in the currency
intervention price , expressed in national currency, as            of the Member State in which the tender was submitted ,
decided by the Council for the 1983 / 84 milk year;                by a factor of 1,22 or 1,25 , depending on whether the
                                                                   fat content of the butter is 82 % and greater or under
Whereas the measures provided for in this Regulation               82 % , in consequence of the Council's decisions on
are in accordance with the opinion of the Management               common agricultural prices and agri-monetary measures
Committee for Milk and Milk Products,                              for the 1983 / 84 milk year. Successful tenderers may
                                                                   avail themselves of this provision only from the seventh
                                                                   day of the 1983 / 84 milk year onwards and only if they
                                                                   furnish evidence that the butter has been manufactured
HAS ADOPTED THIS REGULATION :                                      after the new intervention prices have come into
                                                                   effect .
                            Article 1
                                                                                            Article 2
In accordance with the provisions of Regulation ( EEC)
No 303 / 77, the intervention agencies listed in the Annex         This Regulation shall enter into force on the third day
shall arrange for the delivery of butteroil as food aid on         following its publication in the Official Journal of the
the terms specified therein .                                      European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 5 May 1983 .
                                                                                      For the Commission
                                                                                        Poul DALSAGER
                                                                                  Member of the Commission
 ---pagebreak--- 12 . 5 . 83                             Official Journal of the European Communities                                     No L 125 / 3
                                                             ANNEX f 1 )
                 Consignment                                     A                                                B
  1 . Application of Council Regu­
      lations :
      (a) legal basis                        (EEC ) No 1401 / 81 ( 1981 programme)             (EEC) No 1039 / 82 ( 1982 programme)
      ( b) affectation                                 (EEC ) No 1402 / 81                               ( EEC ) No 1040 / 82
 2 . Beneficiary                                                                                      World Food Programme
                                                             Pakistan
 3 . Country of destination                                                                                  South Yemen
 4. Total quantity of the con­                           1 500 tonnes ( 6 )                                   240 tonnes
      signment
  5 . Intervention agency responsible                         German                                             French
      for delivery
  6. Origin of the butteroil (2 )                                    To manufacture from intervention butter
  7. Special characteristics and / or       In 5 kilogram tins, coated internally with food-can varnish or having undergone treatment
      packaging ( 3)                                                        giving equivalent guarantees
  8 . Markings on the packaging                 'Butteroil / Gift of the European             'Yemen PDR / 2265 EXP / Butteroil /
                                               Economic Community to Pakistan'                Aden / Gift of the European Economic
                                                                                              Community / Action of the World Food
                                                                                                              Programme'
  9 . Delivery period                                         Loading                                           Delivery
                                                                        as soon as possible and at the latest
                                                             31 July 1983                                    30 June 1983
10. Stage and place of delivery               Community port of loading operating a regular service with the recipient country ( 5 )
1 1 . 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 24 May 1983
      submission of tenders
 ---pagebreak--- No L 125 / 4                            Official Journal of the European Communities                                       12 . 5 . 83
                  Consignment                                                            C
  1 . Application of Council Regu­
      lations :
      ( a ) legal basis                                                 (EEC ) No 1039 / 82 ( 1982 programme )
      ( b ) affectation                                                          ( EEC ) No 1040 / 82
  2 . Beneficiary                                                     International Committee of the Red Cross
  3 . Country of destination                                                             India
  4 . Total quantity of the con­                                                      150 tonnes
      signment
  5 . Intervention agency responsible                                                    Dutch
      for delivery
  6 . Origin of the butteroil ( 2 )                                    To manufacture from intervention butter
  7 . Special characteristics and / or      In 2,270 kilogram tins, coated internally with food-can varnish or having undergone
      packaging ( 3 )                                                   treatment giving equivalent guarantees
  8 . Markings on the packaging               A red cross 10 x 10 cm and , in letters at least 1 cm high , the following markings :
                                            'Butteroil / Gift of the European Economic Community / Action of the League of the Red
                                                             Cross Societies / For free distribution in India / Bombay'
  9 . Delivery period                                       Loading as soon as possible and at the latest 30 June 1983
10 . Stage and place of delivery                         Port of unloading Bombay ( deposited on the quay or on lighters )
1 1 . Representative of the beneficiary        Indian Red Cross Society, Red Cross Building, 1 , Red Cross Road, New Delhi ( 7)
      responsible for reception
12 . Procedure to be applied to                                                   Mutual agreement
      determine the costs of supply
13 . Expiry of the time limit for                                                         —
      submission of tenders
 ---pagebreak--- 12 . 5 . 83                             Official Journal of the European Communities                                    No L 125 / 5
                  Consignment                                                               D
  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
 4 . Total quantity of the con­                                                         200 tonnes
      signment
  5 . Intervention agency responsible                                                      French
      for delivery
  6 . Origin of the butteroil ( 2 )                                    To manufacture from intervention butter
  7 . Special characteristics and / or      In 5 kilogram tins, coated internally with food-can varnish or having undergone treatment
      packaging ( 3 )                                                         giving equivalent guarantees
  8 . Markings on the packaging             'Syria 25 1 1 / Butteroil / Lattakia / Gift of the European Economic Community / Action of
                                                                              the World Food Programme'
  9 . Delivery period                                                             Delivery in July 1983
10 . Stage and place of delivery              Community port of loading operating a regular service with the recipient country ( s )
1 1 . 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 24 May 1983
      submission of tenders
 ---pagebreak--- No L 125 / 6                              Official Journal of the European Communities                                     12 . 5 . 83
             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 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 that 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 .
             ( 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 .
             ( 6 ) In cases where the total quantity of a lot is a multiple of 500 tonnes, the tender submitted may relate
                   to a partial quantity of 500 tonnes or to a multiple of 500 tonnes; see Article 14 (2) of Regulation
                   (EEC ) No 303 / 77 .
             ( 7) The bill of lading must contain the following information:
                   'NOTIFY-ADDRESS :
                   1 . Consignee;
                   2 . Ligue des sociétés de la Croix-Rouge ,
                       boite postale 276 ,
                       CH-1211 Geneve 19
                       ( telex 22 555 CH).'