CELEX: 31974R2121
Language: en
Date: 1974-08-09 00:00:00
Title: Regulation (EEC) No 2121/74 of the Commission of 9 August 1974 on the supply of butteroil as food aid to the World Food Programme

No L 222/ 10                             Official Journal of the European Communities                            12. 8. 74
                              REGULATION (EEC) No 2121/74 OF THE COMMISSION
                                                       of 9 August 1974
                           on the supply of butteroil as food aid to the World Food Programme
 THE COMMISSION OF THE EUROPEAN                                     530/74, invitations to tender as provided for in
COMMUNITIES,                                                        Article 2 of that Regulation shall be organized in
                                                                    accordance with the detailed rules laid down in this
                                                                    Regulation.
Having regard to the Treaty establishing the
European Economic Community;
Having regard to Council Regulation (EEC) No                                               Article 2
804/68 i 1 ) of 27 June 1968 on the common
organization of the market in milk and milk                         1.     The intervention agency concerned shall give
products, as last amended by Regulation (EEC) No                    notice of an invitation to tender, indicating in
662/74 (2), and in particular Articles 6 (7) and 28                 particular :
thereof;
                                                                    — the location of the coldstore or stores where the
                                                                        butter which is to be manufactured into butteroil
Whereas Council Regulation (EEC) No 530/74 (s) of
4 March 1974 laying down general rules for the                          is held;
supply of milk fats as food aid to certain developing               — the quantity of butteroil to be delivered;
countries and certain international organizations
provides inter alia that 15 000 metric tons of butteroil            — the Community ports to which butteroil may be
processed from butter held by the intervention                          delivered ;
agencies are to be made available to the World Food                 — the closing date and address for the receipt of
Programme, hereinafter called WFP;                                      tenders;
Whereas under Article 2 of Regulation (EEC) No                      — the date on which delivery is to take place.
530/74 the costs of processing, packaging and
transport in respect of each supply are in principle to             2.    The notice of invitation to tender shall be
be put out to tender;                                               published in the Official Journal of the European
                                                                    Communities at least 10 days before the closing date
Whereas the procedure to be adopted for this                        for the submission of tenders.
purpose should in the main be taken over from that
established by Commission Regulation (EEC) No                       3 . The intervention agency shall take the measures
1365/74 (4 ) of 31 May 1974 on the supply of                        necessary to enable prospective tenderers to examine
butteroil as food aid to certain developing countries;              at their own expense, before submitting a tender,
                                                                    samples of the butter.
Whereas the measures provided for in this Regulation
are in accordance with the Opinion of the
Management Committee for Milk and Milk Products,
                                                                                           Article 3
                                                                    The invitation to tender shall be open only to
HAS ADOPTED THIS REGULATION :                                       processing undertakings approved for this purpose by
                                                                    the Member State on whose territory the processing
                                                                    is to take place. Only those undertakings capable of
                            Article 1                               meeting the obligations provided for in this
                                                                    Regulation may be approved.
Where it is decided to supply butteroil fas to the
WFP in accordance with Regulation (EEC) No
                                                                                           Article 4
 (!)  OJ No L 148, 28. 6. 1968, p. 13.                              1 . Tenders, which shall be in writing, shall be
 (2 ) OJ No L 85 , 29 . 3. 1974, p. 51 .                            submitted either by delivery by hand to the
 (3 ) OJ No L 65, 7. 3 . 1974, p. 1 .                               intervention agency against acknowledgement of
 (4 ) OJ No L 147, 1 . 6. 1974, p. 46.                              receipt or by registered letter addressed to the
 ---pagebreak--- 12. 8. 74                           Official Journal of the European Communities                          No L 222/ 11
intervention agency. The intervention agency may                                      Article 6
also authorize the use of telex for the submission of
tenders.                                                      1 . The intervention agency shall make the
                                                              necessary arrangements to enable the successful
2. Where the invitation to tender is in respect of             tenderer to take delivery at the coldstore indicated in
two or more lots, no tender may relate to more than           his tender of the butter required for processing into
one lot.
                                                              butteroil .
3.     The tender shall indicate :
                                                              2. Immediately on leaving the coldstore and until
(a) the name and address of the tenderer;                     the moment when it leaves the geographical territory
                                                              of the Community in the form of butteroil, the butter
(b ) the price at which the tenderer undertakes to            shall be placed under customs control or under an
     make the supply in question, expressed in the            administrative control offering equivalent safeguards.
     currency of the Member State in which the
     invitation to tender is made; such price shall
     include the purchase price of the butter on the          3 . Butteroil delivered for the supply in question
     terms laid flown in Articles 9 and 13 , the costs of     must be manufactured exclusively from butter of
     processing, packing and delivering the butteroil         which delivery was taken for this purpose by the
     and the cost of insuring the goods to their full         successful tenderer from the intervention agency.
     value;
(c) the coldstores or stores, chosen from the list of
                                                                                      Article 7
     such stores in the notice of invitation to tender,
     at which the tenderer wishes to take delivery of
     the butter;                                              In the light of the tenders received and in accordance
                                                              with the procedure laid down in Article 30 of
(d) the Community port to which the butteroil is to           Regulation (EEC) No 804/68, a maximum price,
     be delivered, chosen from among the ports                expressed in units of account, shall be fixed, or
     designated for the purpose of the invitation to           alternatively a decision shall be taken to make no
     tender in question.                                       award.
4.     A tender shall be valid only if it relates to an
entire lot.
                                                                                      Article 8
5 . A tender shall not be valid unless accompanied
by:                                                           1 . A tender shall be refused if the price proposed,
                                                              converted into units of account, is more than the
(a) a document certifying the approval referred to in         maximum price fixed for the lot in question.
     Article 3 ;
(b) an undertaking from the tenderer that he will             2.     Subject as provided in paragraph 1, the
     fulfil the obligations laid down in Articles 6 (3)       successful tenderer shall for each lot be the one
     and 10;                                                   making the lowest offer. Where two or more valid
                                                              offers specify identical amounts the award shall be
(c) a declaration whereby the tenderer agrees to              made by drawing lots.
     forgo any claim as to the quality or
     characteristics of any butter sold to him;               3. Each tenderer shall be immediately notified by
(d) proof that before expiry of the period set for the        the intervention agency of the result of his
     submission of tenders the security referred to in        participation in the invitation to tender.
     Article 5 has been given.
                                                              4.     The intervention agencies shall immediately
                                                              inform the Commission of the            names    of  the
                         Article S                            successful tenderer or tenderers.
1 . The security required for the invitation to               5.     Rights and obligations arising in connection
tender shall be 10 units of account per metric ton of         with the invitation to tender shall not be transferable.
butteroil.
2.     It shall take the form, at the option of the
                                                                                      Article 9
Member State concerned, either of a cheque made
out in favour of the intervention agency, or of a bank
guarantee which satisfies the criteria fixed by the           1 . The purchase price of the butter shall be 176
Member State.                                                 units of account per 100 kg, ex coldstore.
 ---pagebreak--- No L 222/ 12                          Official Journal of the European Communities                                12 . 8 . 74
2. Subject as provided in Article 13 all butter                  of Community transit documents for the purpose of
supplied to a successful tenderer shall be paid for by           applying Community measures for verifying the use
him and it shall be removed within 45 days following             and/or destination of goods, as last amended by
the date fixed by the intervention agency for delivery           Regulation (EEC) No 690/73 (2 ).
of the butteroil .
                                                                 Sections 101 , 103 and 104 on the control copy shall
                         Article 10
                                                                 be completed. Section 104 shall be completed by
                                                                 deleting as necessary and entering against the second
                                                                 indent one of the following endorsements :
 1 . Every successful tenderer shall on the date fixed
by the WFP deliver at the port specified in the tender
a quantity of butteroil equal to the quantity likewise           1 . If the butter is to be processed in a Member State
therein specified and meeting the requirements as to                  other than that of sale :
quality and packaging laid down in the Annex to this
Regulation.                                                           'Beurre destin6 :
The goods shall be regarded as delivered when they                    (a) k être transformé en butteroil
are deposited in the port of shipment at a point
designated by the WFP or its agent.                                   (b) puis & être livre au titre de l'aide alimentaire
                                                                             au PAM (règlement (CEE) n° 530/74)';
2. The tenderer shall submit to all quality controls
effected at the port by the WFP representative. He                    'Butter bestimmt :
shall supply for this purpose a list setting out the
numbers of the manufacturing lots constituting the                     ( a) zur Verarbeitung zu butteroil
supply and specifying the number of cartons                            (b ) alsdann zur Lieferung als Nahrungsmittelhilfe
concerned .
                                                                             an das WEP (Verordnung (EWG) Nr.
                                                                             530/74)';
                         Article 1 1
                                                                      'Burro destinato :
Where the processing of the butter into butteroil
 takes place in the Member State of sale, the following                (a) ad essere trasformato in butteroil
provisions shall apply :
                                                                       (b ) ad essere consegnato a titolo di aiuto
 1 . At the time of the manufacture and packing of the                       alimentare al PAM (Regolamento (CEE) n.
     butteroil, the competent agency of the Member                           530/74)';
     State in question shall carry out checks to ensure
     compliance with the requirements laid down in                    'Boter bestemd :
     — Article 3 (b ) of Regulation (EEC) No 530/74                    ( a) om te worden verwerkt tot butteroil
         and in
                                                                       (b ) om nadien te worden geleverd als voedselhulp
     — Article 6 (3 ) of this Regulation.                                    aan het WVP (Verordening (EEG) nr.
                                                                             530/74)';
2. If on concluding these            checks the     agency
     concerned finds that the relevant conditions have
                                                                       'Butter to be :
     been fulfilled, it shall issue to the successful
     tenderer a certificate to this effect.                            ( a) processed into butteroil, and subsequently
                                                                       (b ) delivered as food aid to the WFP (Regulation
                         Article 12                                           (EEC) No 530/74)';
 Where the processing of the butter and/or delivery of                  'Smør bestemt til :
 the butteroil takes place in a Member State other
 than that of sale, proof that the butter has been                      ( a) fremstilling af butteroil
 processed in accordance with the requirements                          ( b) herefter til levering som fødevarehjaelp til
 referred to in subparagraph ( 1 ) of Article 11 and/or                       WFP (forordning (E0F) nr. 530/74)';
 that   the   butteroil  has   been    delivered  shall  be
 furnished by production of the control copy provided
 for in Article 1 of Commission Regulation (EEC) No                    Where verification that the butteroil has been
 2315/69 (*) of 19 November 1969 concerning the use                    delivered as specified in (b) is to take place in a
  H OJ No L 295, 24. 11 . 1969, p. 14.                            (2 ) OJ No L 66, 13 . 3 . 1973, p. 23 .
 ---pagebreak--- 12 . 8 . 74                          Official Journal of the European Communities                           No L 222/ 13
    Member State other than that where processing as            — of the documents referred to in subparagraph ( 1 )
    specified in (a) takes place, the customs office                 of Article 12 and in Article 14, where processing
    which verifies such processing shall return the                  has taken place in a Member State other than that
    control copy to the customs office of departure,                 of sale,
    indicating that it has only verified that the goods
    have been processed as specified in (a), and shall          — of the documents referred to in subparagraph (2)
    issue to the person concerned in respect of the                  of Article 11 , in subparagraph (2) of Article 12
    butteroil so obtained one or more control copies                 and in Article 14, where processing has taken
    as referred to in Article 1 of Regulation (EEC) No               place in the Member State of sale and delivery has
    2315 /69 . On such copy or copies : sections 101 ,               taken place in another Member State,
    103 , 104 and 106 shall be completed ; in section           the competent agency of the Member State of sale
    103 there shall be entered the net weight of the            shall    release  each   successful  tenderer from   his
    butteroil after processing as specified in (a);             obligation to pay the purchase price of the butter
    section 104 shall contain one of the endorsements
                                                                supplied to him — save in respect of any amount
    set out in subparagraph 2 below; in section 106             whereby such price exceeds that at which the
    there shall be entered :
                                                                tenderer undertook to supply the butteroil — and
    — the number of the control copy from the                   shall within 15 days, reckoned from the day on which
          customs office of departure and the name of           the abovementioned supporting documents are
         that office ;                                           produced, pay to him an amount equal to the
    — the weight of the butter used to produce the              difference, where this is in favour of the tenderer,
         quantity of butteroil entered in section 103 .         between the aforesaid two prices .
    The customs office which verifies that delivery as          2. The competent agency of the Member State of
    specified in (b ) has taken place shall endorse the         sale shall in addition pay to the WFP in respect of
    control copy from the office which verified that            each consignment of butteroil, within 60 days of the
    the goods had been processed as specified in ( a)           date on which the WFP takes delivery thereof, a
    and shall return this copy via this latter office to        flat-rate contribution of 80 units of account per metric
    the office of departure in the Member State of              ton    of butteroil    delivered towards the    cost of
    sale.                                                       transporting and distributing such butteroil.
2. If the butter is processed into butteroil in the
    Member State of sale and is to be delivered in                                       Article 14
    another Member State :
                                                                On delivery of the butteroil at the port of
    'Butteroil destine a etre livre a titre de l'aide           embarkation the representative of the WFP shall give
    alimentaire au PAM (reglement (CEE) n° 530/74)';            the successful tenderer, as agent for the Community,
    'Als Nahrungsmittelhilfe zu lieferndes butteroil an         a letter certifying that the WFP has taken delivery of
    das WEP (Verordnung (EWG) Nr. 530/74)';                     the said butteroil .
    'Butteroil destinato ad essere consegnato a titolo                                   Article 15
    di aiuto alimentare al PAM (regolamento (CEE) n.
    530/74)';                                                   Except in cases of force majeure every successful
    'Butteroil bestemd om te worden geleverd als                tenderer shall accept all financial liability devolving
    voedselhulp aan het WVP (Verordening (EEG) nr.              upon the Community by reason of failure to deliver
    530/74)';                                                   the butteroil at the place and by the time appointed,
    'Butteroil to be delivered as food aid to the WFP           provided always that the WFP has made it possible
                                                                for the butteroil to be so delivered.
    (Regulation (EEC) No 530/74)';
    'Butteroil bestemd til levering som fodevarehjaslp          Costs incurred by reason of failure to deliver the
    til WFP (forordning (E0F) nr. 530/74)'.                     butteroil as a result of force majeure shall be borne
    The customs office which verified delivery shall            by the competent agency of the Member State of sale.
    endorse the control copy and return it to the office
    of departure in the Member State of sale.                                            Article 16
                         Article 13                             1 . Except in cases of force majeure, the security
                                                                required under Article 5 shall be discharged only in
1.      Upon presentation :                                     the following circumstances :
— of the documents referred to in subparagraph (2)              ( a) if the tender has been refused ;
     of Article 11 and in Article 14, where both
      processing of the butter and delivery of the butter­      (b) if the tenderer has not withdrawn his tender
     oil have taken place in the Member State of sale,                before the contract is awarded and has produced
 ---pagebreak--- No L 222/ 14                       Official Journal of the European Communities                            12. 8 . 74
    to the intervention agency the documents                                        Article 17
    required under the first, second or third indent as
    the case may be of Article 13 ( 1 ).                      No refund or compensatory amount (whether
                                                              monetary or accession) shall be applicable in respect
                                                              of butter and butteroil to which this Regulation
2. Discharge of the security shall take place                 relates .
immediately.
                                                                                    Article 18
3 . In cases of force majeure, the intervention
agency selling the butter shall take such decision as         This Regulation shall enter into force on the third
may be necessary having regard to the circumstances           day following its publication in the Official Journal
invoked .                                                     of the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 9 August 1974.
                                                                                For the Commission
                                                                                    The President
                                                                               Francois-Xavier ORTOI.I
 ---pagebreak--- 12. 8 . 74                            Official Journal of the European Communities                           No L 222/ 15
                                                          ANNEX
             I. Quality requirements for butteroil
                Characteristics: concentrated milk fat with a minimum pure fat content of 99-8 % .
                Compositional characteristics:
                moisture content and non-milk fat constituents : maximum 0*2 %
                fats : minimum 99-8 %
                free fatty acids : maximum 0-5 % (oleic acid)
                Peroxide/kg: maximum 1 unit (in milliequivalents of oxygen per kg)
                Flavour : fresh
                Smell: no foreign odours
            II. Packaging of butteroil
                1 . The butteroil is to packed in metal canisters fully filled and hermetically sealed in an
                    atmosphere of nitrogen. The canisters 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 canister must be sealed by double-seaming so as to be fully leak-tight.
                2. The canisters must be packed into cartons containing either:
                     (a) 4 canisters df 5 kg each, or
                     (b) 1 canister of 20 kg.
                    The cartons must have a rupture-strength of least 29 kg/cm2.
                     Cartons containing 4 canisters of 5 kg must also contain separators of duplex card­
                    board of a rupture-strength of at least 13 kg/cm8.
                    Each carton must be firmly sealed by means of adhesive applied to the entire surface
                    area of the upper and lower flaps.
                3 . A label to be affixed to each canister must bear the following particulars in the
                     language or languages of the recipient country:
                     (a) the description: 'Butteroil',
                     (b ) the words :
                          'Gift of the European Economic Community,
                          delivered by the World Food Programme',
                      (c) net weight,
                     (d) month and year of manufacture,
                     (e) name of the processing undertaking — in the form of a code number.
                     In addition to the above, there must be indicated vertically on the two sides of each
                     carton the manufacturer's lot number and the number of cartons making up the lot.
           III. Special provisions
                In the case of certain specific destinations for projects involving supplies for the recon­
                 stitution of milk, special requirements may be laid down in the Regulation opening the
                relevant individual invitation to tender.