CELEX: 31974R1445
Language: en
Date: 1974-05-31 00:00:00
Title: Regulation (EEC) No 1445/74 of the Commission of 31 May 1974 concerning the supply of butteroil as food aid to UNRWA

11 . 6. 74                                Official Journal of the European Communities                          No L 154/ 11
                              REGULATION (EEC) No 1445/74 OF THE COMMISSION
                                                          of 31 May 1974
                              concerning the supply of butteroil as food aid to UNRWA
THE COMMISSION OF THE EUROPEAN                                        3.     Loading shall take place :
COMMUNITIES,
                                                                      — by 20 July 1974 at the latest, in the case of lots A
Having regard to the Treaty establishing the European                     and B,
Economic Community ;
                                                                      — between 1 and 15 September 1974 in the case of
Having regard to Council Regulation (EEC) No                              lots C and D.
804/68 ( !) of 27 June 1968 on the common organiza­
tion of the market in milk and milk products, as last
amended by Regulation (EEC) No 662/74 (2), and in                                              Article 2
particular Article 6(7) and Article - 28 thereof ;
                                                                      1 . The invitation to tender provided for in Article 1
Whereas Council Regulation (EEC) No 530/74 (3) of 4                   shall be organized by the German intervention
March 1974 laying down general rules for the supply                   agency. That agency shall draw up the notice of invita­
of milk fats as food aid to certain developing countries              tion to tender, which shall be published in the Offi­
and certain international organizations provides for                  cial Journal of the European Communities not less
2 000 metric tons of butteroil obtained from butter
                                                                      than eight days before the closing date for the submis­
held by intervention agencies to be made available to                 sion of tenders.
the United Nations Relief and Works Agency, herein­
after    called . 'UNRWA';          whereas      UNRWA      has       2. The closing date for the submission of tenders
requested delivery of that butteroil ;                                shall be 25 June 1974 at 12 noon .
Whereas under Article 2 of Regulation (EEC) No
530/74 such supplies are to be put out to tender ;                    3.     The intervention agency shall indicate in its
                                                                      notice the coldstores where the butter for the manufac­
Whereas the procedure to be adopted for this purpose                  ture of the butteroil is held and shall take the
should in the main be taken over from that esta­                      measures necessary to enable prospective tenderers to
blished by Commission Regulation (EEC) No                             examine at their own expense, before submitting a
567/74 (4) of 8 March 1974 on the supply of butteroil                 tender, samples of the butter.
as food aid to the countries of the Sahel and Ethiopia ;
Whereas the measures provided for in this Regulation                                           Article 3
are in accordance with the Opinion of the Manage­
ment Committee for Milk and Milk Products,
                                                                      The invitation to tender shall be open only to
                                                                      processing undertakings approved for this purpose by
HAS ADOPTED THIS REGULATION :                                         the Member State on whose territory the processing is
                                                                      to take place. Only those undertakings which can
                             Article 1                                fulfil the obligations provided for in this Regulation
                                                                      may be approved.
1.     Tenders shall be invited in accordance with the
provisions of this Regulation for the supply to
UNRWA of 2 000 metric tons of butteroil produced                                               Article 4
from butter bought-in under Article 6(1 ) of Regula­
tion (EEC) No 804/68 .                                                1 . Tenders, which shall be in writing, shall be
                                                                      submitted either by delivery by hand to the interven­
2.     Delivery shall be made cif. The butteroil shall be
divided into four lots :
                                                                      tion agency against acknowledgement of receipt or by
                                                                      registered letter or telex addressed to the intervention
— lot A : 500 metric tons, for delivery port of Beirut                agency.
     (Lebanon),
— lot B : 500 metric tons, for delivery port of Ashdod                2.     No tender may relate to more than one lot.
     (Israel),
                                                                    . 3.     The tender shall indicate :
— lot C : 500 metric tons, for delivery port of Beirut
     (Lebanon),                                                       (a) the name and address of the tenderer ;
— lot D : 500 metric tons, for delivery port of                       (b) the amount, expressed in German marks, for
     Ashdod (Israel).                                                     which the tenderer undertakes to deliver the butter­
                                                                           oil cif port of Beirut or Ashdod as the case may
(') OJ   No   L 148, 28. 6. 1968, p. 13.
(2) OJ   No   L 85, 29. 3 . 1974, p. 51 .                                  be. This amount shall include the purchase price
(3) OJ   No   L 65, 7. 3. 1974, p. 1 .                                     of the butter on the terms laid down in Article
(4) OJ   No   L 69, 12. 3. 1974, p. 3.                                     10(1 ), the costs of transporting the butter, of
 ---pagebreak--- No L 154/ 12                         Official Journal of the European Communities                                11 . 6 . 74
      processing, packing and delivering the butteroil          3 . Butteroil delivered for the supply in question
      and the cost of insuring the goods' to their full         must be manufactured exclusively from butter of
      value ;                                                  which delivery was taken for this purpose by the
(c) the coldstore or coldstores chosen from the list of        successful tenderer from the intervention agency.
      such stores assigned to each lot, at which the
      tenderer wishes to take delivery of the butter ;                                    Article 8
(d) the port of embarkation , which may be any Comu­
      nity port.                                                In the light of the tenders received and in accordance
4.      A tender shall be valid only if it relates to an       with the procedure laid down in Article 30 of Regula­
entire lot.                                                    tion (EEC) No 804/68, a maximum amount, expressed
                                                               in units of account, shall be fixed or alternatively a
5. A tender shall not be valid' unless accompanied             decision shall be taken to make no award. •
by :
(a) a document certifying the approval referred to in                                     Article 9
      Article 3 ;
(b) an undertaking from the tenderer that he will               1.     A   tender   shall  be   refused  if  the   amount
      fulfil the obligations laid down in Articles 7 (3)       proposed, converted into units of account, is more
      and 1 1 ;                                                than the maximum amount fixed for the lot in ques­
(c) a declaration whereby the tenderer agrees to forgo         tion .
      any claim as to the quality or characteristics of any
      butter sold to him ;                                     2.      Without prejudice to the provisions of paragraph
                                                                1 , the successful tenderer shall for each lot be the one
(d) proof that before expiry of the period set for the
                                                               making the lowest offer. Where two or more valid
      submission of tenders the security referred to in
                                                               offers specify amounts which when converted into
      Article 5 has been lodged.                               units of account are identical, the award shall be made
                                                               by drawing lots.
                           Article 5
1 . The security required for the invitation to tender         3 . Each tenderer shall be immediately notified by
shall be 10 units of account per metric ton of butter­         the intervention agency of the result of his participa­
                                                               tion in the invitation to tender.
oil .
2. It shall take the form, at the option of the                The intervention agency concerned shall immediately
German intervention agency, either of a cheque made            inform the Commission of the name of the successful
out in favour of the intervention agency, or of a bank         tenderer.
guarantee which satisfies the criteria laid down by the
German Government.                                             4.      Rights and obligations arising in connection
                                                               with the invitation to tender shall not be transferable .
                           Article 6
                                                                                         Article 10
 1 . Delivery costs shall be the costs incurred up to
the time when the goods are deposited on the quay­
side or on board lighters, if used, all costs subsequent        1 . The purchase price of the butter shall be 176
to delivery, including costs of taking delivery, to be         units of account per 100 kg ex coldstore .
borne by the recipient.
                                                               2. Subject to the provisions of Article 14 the
2. Any demurrage costs at the port of unloading in             successful tenderer shall pay for the butter of which
respect of delays attributable to the receipient shall be      he takes delivery within 45 days following the final
chargeable to the latter. The rates and other details'         date fixed in Article 1 (3) for loading the relevant lot.
concerning such costs shall be laid down in the
contract between       the  successful tenderer and     the
                                                                                         Article 11
carrier and must have been previously agreed upon
between the former and the delivery agent of the recip­         1.     Every successful tenderer shall, by the relevant
ient.
                                                               date as specified in Article 1 (3), deliver cif Beirut or
                                                               Ashdod as the case may be the prescribed quantity of
                           Article 7
                                                               butteroil meeting the requirements as to quality, pack­
1.      The German intervention agency shall take all          aging and labelling laid down in the Annex to this
measures necessary to ensure that the successful               Regulation . The goods shall be regarded as delivered
tenderer can take delivery of the butter necessary for         cif when they are deposited on the quayside in the
processing into butteroil from the coldstore indicated         port of unloading or on board lighters, if used .
in his tender.
                                                               2. Every successful tenderer shall submit to any
2.      Immediately on leaving the coldstore the butter        quantitative control carried out by UNRWA. He shall
shall be placed under customs control or under an              for this purpose furnish a list of the lots constituting
administrative control offering equivalent safeguards.         each supply.
 ---pagebreak--- 11 . 6. 74                           Official Journal of the European Communities                         No L 154/ 13
                         Article 12                                 Butter to be :
Where the processing of the butter into butteroil takes            (a) processed into butteroil, and subsequently ;
place in the Member State of sale, the following provi­            (b) exported as food aid (Regulation (EEC) No
sions shall apply :                                                     530/74)'.
1 . At the time of the manufacture and packing of the              'Smør bestemt til :
    butteroil, the competent agency of the Member
    State shall carry out checks to ensure that :                  (a) fremstilling af butteroil ;
         the quality and packing conform to Article                (b) herefter til eksport som           fødevarehjælp
         3 (b) of Regulation (EEC) No 530/74 ;                          (forordning (E0F) nr. 530/74)'.
    — the requirements of Article 7 (3) are complied
         with .                                                    Where verification that the butteroil has been
                                                                   exported as specified in (b) is to take place in a
2.     If. on concluding these checks the agency                   Member State other than that where processing as
concerned finds that the relevant conditions have                  specified in (a) takes place, the customs office
been fulfilled, it shall issue to the successful tenderer a        which verifies such processing shall return the
certificate to this effect.                                        control copy to the customs office of departure,
                                                                   indicating that it has only verified that the goods
                         Article 13                                have been processed as specified in (a), and shall
                                                                   issue to the person concerned for the butteroil so
If the butteroil is processed in and/or leaves the                 obtained one or more control copies as referred to
geographical territory of the Community from a                     in Article 1 of Regulation (EEC) No 2315/69, with
Member State other than that of sale, proof that                   sections 101 , 103, 104 and 106 completed ; in
processing has been carried out in accordance with                 section 103 there shall be entered the net weight of
the conditions referred to in subparagraph ( 1 ) of                the butteroil after processing in accordance with
Article 12 and/or that the butteroil has left the geogra­          (a) ; section 104 shall contain one of the endorse­
phical territory of the Community shall be furnished               ments set out at point 2 below ; in section 106
by production of the control copy provided for in                  there shall be entered :
Article 1 of Commission Regulation (EEC) No
2315/69 (') of 19 November 1969 concerning the use                 — the number of the control copy from the
of Community transit documents for the purpose of                       customs office of departure and the name of
applying Community measures for verifying the use                       that office ;
and/or destination of goods, as last amended by Regu­              — the weight of the butter used to produce the
lation (EEC) No 690/73 (2).                                             quantity of butteroil entered in section 103 .
Sections 101 , 103 and 104 in the control copy shall be            The customs office which verifies that delivery as
completed. Section 104 shall be completed by dele­                 specified in (b) has taken place shall endorse the
ting as necessary and entering against the second                  control copy from the office which verified that
indent one of the following endorsements :                         the goods had been processed as specified in (a)
1 . If the Butter is to be processed in a Member State             and shall return this copy via this latter office to
    other than that of sale :                                      the office of departure in the Member State of sale.
    ' Beurre destine :
                                                                2. If the butter is processed into butteroil in the
    (a) a être transformé en butteroil ;                           Member State of sale and is to leave the geogra­
    (b) puis a être exporté au titre de l'aide alimentaire         phical territory of the Community from another
                                                                   Member State :
         (règlement (CEE) n° 530/74)'.
    ' Butter bestimmt :                                            'Butteroil destine a être exporté au titre d'aide
                                                                   alimentaire (règlement (CEE) n° 530/74)'.
    (a) zur Verarbeitung zu butteroil ;
    (b) alsdann zur Ausfuhr als Nahrungsmittelhilfe                'Als Nahrungsmittelhilfe auszuführendes butteroil
         (Verordnung (EWG) Nr. 530/74)'.                           (Verordnung (EWG) Nr. 530/74)'.
    ' Burro destinato :                                            ' Butteroil destinato ad essere esportato a titolo di
                                                                   aiuto alimentare (Regolamento (CEE) n . 530/74)'.
    (a) ad essere trasformato in butteroil ;
                                                                   'Butteroil bestemd om te worden uitgevoerd als
    (b) ad essere esportato a titolo di aiuto alimentare           voedselhulp (Verordening (EEG) nr. 530/74)'.
         (Regolamento (CEE) n. 530/74)'.
    ' Boter bestemd :                                              ' Butteroil to be exported as food aid (Regulation
                                                                   (EEC) No 530/74)'.
    (a) om te worden verwerkt tot butteroil ;                      'Butteroil bestemt til eksport som fødevarehjælp
    (b) om nadien te worden uitgevoerd als voedsel­                (forordning (E0F) nr. 530/74)'.
          hulp (Verordening (EEG) nr. 530/74)'.
                                                                The customs office which verified delivery shall
(•) OJ No L 295, 24. 11 . 1969, p. 14.                          endorse the control copy and return it to the office of
(2) OJ No L 66, 13. 3. 1973, p. 23.                             departure in the Member State of sale.
 ---pagebreak---   No L 154/ 14                         Official Journal of the European Communities                              11 : 6 . 74
                          Article 14                             concerned has been delivered' within the period pre­
                                                                 scribed .
  1 . Upon presentation :
  — of the documents referred to in subparagraph (2)                                       Article 16
      of Article 12 and in Article 15 and of a customs
      document establishing that the butteroil has left           Except in cases of force majeure every successful
      the geographical territory of the Community                tenderer shall accept all financial liability devolving
      where the butteroil has been processed in or left          upon the Community by reason of failure to deliver
      the geographical territory of the Community from           the butteroil at the place and by the time appointed,
      the Member State of sale ;                                 provided always that UNRWA has made it possible
. — of the document referred to in subparagraph ( 1 ) of         for the butteroil to be so delivered. Costs incurred by
                                                                 reason of failure to deliver the butteroil as a result of
      Article 13 and in Article 15, where processing has
      taken place in a Member State other than that of           force majeure shall be borne by the competent agency
                                                                 of the Member State of sale .
      sale ;
  — of the documents referred to in subparagraph (2)                                       Article 17
      of Article 12, in subparagraph (2) of Article 13 and
      in Article 15, where processing has taken place in          1 . Except in cases of force majeure, the security
      the Member State of sale and the butteroil has left
                                                                 required under Article 5 shall be released only in the
      the geographical territory of the Community from            following circumstances :
      another Member State,
                                                                 (a) if the tender has been refused ;
  the competent agency of the Member State of sale               (b) if the tenderer has not withdrawn his tender
  shall release each successful tenderer from his obliga­             before the contract is awarded and has produced to
  tion to pay the purchase price of the butter supplied
                                                                      the intervention agency the documents required
  to him , provided that the amount in respect of which               under the first, second or third indent as the case
  such release is given does not exceed that for which                may be of Article 14.(1 );
  the tenderer undertook to supply the butteroil, and
  shall within 15 days reckoned from the day on which            2. Release of the security shall take place immedi­
  the abovementioned supporting documents are                    ately.
  produced pay to him an amount equal to the differ­
  ence, where this is in favour of the tenderer, between         3.     In cases of force majeure the intervention agency
  the aforesaid two amounts .                                    selling the butter shall decide on the measures to be
                                                                 taken having regard to the circumstances invoked .
  2. Furthermore, the competent agency of the
  Member State of sale shall, within a period not                                          Article 18
  exceeding 60 days, pay to UNRWA a lump-sum
  contribution towards the cost of transporting the              No refund or compensatory amount (whether mone­
  goods on from the ports of destination and of distribu­        tary or accession) shall be applied in respect of the
  tion of 15 units of account per metric ton of butteroil        butter or butteroil to which this Regulation applies.
  delivered .
                                                                                           Article 19
                          Article 1 ">
                                                                 This Regulation shall enter into force on the third day
  On delivery in accordance with Article 11 , UNRWA              following its publication in the Official Journal of
  shall issue a certificate declaring that the lot                the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 31 May 1974.
                                                                            For the Commission
                                                                                The President
                                                                           Francois-Xavier ORTOLI
 ---pagebreak--- 11 . 6. 74                           Official Journal of the European Communities                              No L 154/ 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 be packed in bunged metal drums of 200 kg net weight, fully filled and
                    hermetically sealed in an atmosphere of nitrogen. The drums should be strong enough to with­
                    stand 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 leak-tight.
                2. A label to be affixed to each drum must bear the following particulars :
                    (a) the description 'butteroil',
                    (b) the words :
                     — 'Don de la Communaute economique europeenne
                     — 'Action Office de secours et de travaux des Nations Unies pour les refugies de Palestine',
                    (c) net weight,
                    (d) month and year of- manufacture,
                    (e) name of the processing undertaking — in the form of a code number,
                    (f) the manufacturer's lot number,
                    (g) the port of destination.