CELEX: 31976R0291
Language: en
Date: 1976-02-10 00:00:00
Title: Commission Regulation (EEC) No 291/76 of 10 February 1976 on an invitation to tender for the supply of butteroil bought on the Community market to UNICEF as food aid for India

No L 37/8                               Official Journal of the European Communities                           12. 2. 76
                                       COMMISSION REGULATION (EEC) No 291 /76
                                                        of 10 February 1976
                 on an invitation to tender for the supply of butteroil bought on the Community
                                             market to UNICEF as food aid for India
   THE COMMISSION OF THE EUROPEAN                                    HAS ADOPTED THIS REGULATION :
' COMMUNITIES,
                                                                                            Article 1
   Having regard to the Treaty establishing the European
   Economic Community,
                                                                      1 . Tenders are invited in accordance with the provi­
                                                                     sions of Regulations (EEC) No 1541 /75 and (EEC) No
                                                                      1542/75 for the supply to UNICEF of 1 220 metric
   Having regard to Council Regulation (EEC) No                      tons of butteroil for India manufactured from butter­
   804/68 of 27 June 1968 on the common organization                 fats which are of Community origin and not taken
   of the market in milk and milk products ( J ), as last            from public stocks, divided as follows :
   amended by Regulation (EEC) No 740/75 (2), and in
   particular Article 6 (7) thereof,                                 — Lot     A:    200 metric  tons to  be  delivered   cif
                                                                          Bombay,
                                                                     — Lot     B :   510 metric  tons to  be  delivered  cif
  Whereas Council Regulation (EEC) No 1542/75 of 16                       Calcutta,
  June 1975 on the supply of milk fats as food aid to
                                                                     — Lot C : 510       metric  tons to  be  delivered   cif
   certain developing countries and international organi­
                                                                          Calcutta .
   zations under the 1975 food-aid programme (3),
   provides inter alia the supply of 2 000 metric tons of
  butteroil to UNICEF delivered destination ; whereas                2. As regards the tendering procedure and the
   UNICEF has made a request for delivery of 1 220                   conditions governing the manufacture of the butteroil,
   metric tons of butteroil ;                                        the provisions of Regulation (EEC) No 2660/75 shall
                                                                     apply by analogy, without prejudice to the special
                                                                     provisions below.
  Whereas on account of the market situation for butter
   in the Community, the supply of the abovementioned                                       Article 2
   quantity should be ensured by means of butterfat avail­
   able on the Community market in accordance with                    1 . The butteroil shall comply, as regards quality
  Article 2 (2) of Council Regulation (EEC) No 1541 /75              and packaging, with the conditions laid down in the
   of 16 June 1975 laying down general rules for the                 Annex to Regulation (EEC) No 2660/75 and shall be
   supply of milk fats as food aid to certain developing             put up in 5 kg canisters only.
   countries and international organizations under the
   1975 food-aid programme ^);                                       2. The words to be printed on the packaging, as
                                                                     provided in Chapter II 2 (b) of the abovementioned
                                                                     Annex, shall be the following :
  Whereas an invitation to tender should therefore be
  issued for which detailed rules should in the main be              'Butteroil — Gift of the European Economic Commu­
   those of Commission Regulation (EEC) No 2660/75                   nity — Action of UNICEF.'
  of 20 October 1975 on invitations to tender for the
  supply of butteroil bought on the Community market                                        Article 3
  as food aid to certain developing countries and to the
  World Food Programme (5), except for the provisions                 1 . Loading shall take place as soon as possible and
  concerning the way of delivery ;                                   not later than 15 April 1976.
                                                                     2. Delivery cif shall be deemed to take place when
  Whereas the measures provided for in this Regulation               the goods are actually set down on the quayside at the
  are in accordance with the opinion of the Manage­                  port of unloading or on lighters where the latter
  ment Committee for Milk and Milk Products,                         method is used .
  (!) OJ  No  L 148 , 28 . 6. 1968 , p. 13 .                         3. The recipient organization shall remit at the
  (2) OJ  No  L 74, 22. 3 . 1975, p. 1 .                             delivery cif, to the successful tenderer, a certificate
  (3) OJ  No  L 157, 19 . 6. 1975, p. 6.
  (<) OJ  No  L 157, 19 . 6. 1975, p. 4.                             proving the taking of the goods as referred to in
   5) OJ  No  L 270, 21 . 10 . 1975, p. 11 .                         Article 1 1 (2) of Regulation (EEC) No 2660/75.
 ---pagebreak--- 12. 2. 76                         Official Journal of the European Communities                             No L 37/9
4. The recipient organization shall be responsible          pated date. The successful tenderer has a clause
for all expenditure incurred after delivery, including      inserted in the charter-party obliging the captain to
acceptance costs .                                          give the country of destination at least 72 hours notice
                                                            of the probable date of arrival of the vessel in port.
Any demurrage costs at the port of unloading due to
delays for which the recipient organization is respon­
sible shall be borne by that country.                                                Article 5
The rates and conditions of such demurrage to be laid        1 . As regards to the tenders introduced for Lots B
down in the contract between the successful tenderer         and C referred to in Article 1 ( 1 ) by way of derogation
and the carrier must be agreed in advance between the        from Article 4 (2) of Regulation (EEC) No 2660/75,
successful tenderer acting as agent for the Community        the tenderer shall indicate if his tender is valid for one
and the receiving agent of the recipient organization .      or both lots mentioned .
                        Article 4                            2.    The closing date for the submission of tenders
                                                             shall be 9 March 1976 at 12 noon .
1.    The intervention agency concerned shall notify
to the recipient organization the date of loading, the
                                                                                     Article 6
quantity and quality of the goods as recorded at the
time of loading, the port of unloading.
                                                             This Regulation shall enter into force on the day
2. The successful tenderer shall inform the recip­           following its publication in the Official Journal of
ient organization at least 10 days before the antici­        the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 10 February 1976.
                                                                      For the Commission
                                                                        P.J. LARDINOIS
                                                                   Member of the Commission