CELEX: 31982R0552
Language: en
Date: 1982-03-05 00:00:00
Title: Commission Regulation (EEC) No 552/82 of 5 March 1982 on the delivery of various consignments of butteroil as food aid

1 1 . 3 . 82                                 Official Journal of the European Communities                               No L 68 / 1
                                                                    I
                                                 (Acts whose publication is obligatory)
                                        COMMISSION REGULATION ( EEC ) No 552 / 82
                                                            of 5 March 1982
                                  on the delivery of various consignments of butteroil as food aid
THE COMMISSION OF THE EUROPEAN                                          Whereas , under the food-aid programmes adopted by
COMMUNITIES ,                                                           the Council Regulations specified in the Annex , certain
                                                                        recipient third countries and agencies have requested
                                                                        delivery of the quantity of butteroil set out therein ;
Having regard to the Treaty establishing the European
Economic Community ,
                                                                        Whereas , therefore , delivery should be effected in
                                                                        accordance with the rules laid down in Commission
                                                                        Regulation (EEC) No 303 / 77 of 14 February 1977
Having regard to Council        Regulation ( EEC ) No 804 / 68          laying down general rules for the supply of
of 27 June 1968 on the           common organization of the             skimmed-milk powder and butteroil as food aid ( 5 ), as
market in milk and milk          products ('), as last amended          last amended by Regulation ( EEC ) No 3474 / 80 ( 6 );
by the Act of Accession          of Greece , and in particular          whereas, in particular, the periods and terms for
Article 6 ( 7 ) thereof.                                                delivery and the procedure to be followed by the
                                                                        intervention agencies to establish the costs arising
                                                                        therefrom should be laid down :
Having regard to Council Regulation (EEC ) No 939 / 79
of 8 May 1979 laying down general rules for the supply
of milk fats to certain developing countries and                        Whereas Article 2 ( 2 ) of Regulations ( EEC ) No 939 / 79
specialized bodies under the 1979 food-aid                              and ( EEC ) No 1401 / 81 specify that , provided the
programme ( 2 ), and in particular Article 7 thereof,                   normal development of 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
Having regard to Council Regulation ( EEC ) No
                                                                        market does not allow supply from public stocks ;
1312 / 80 of 28 May 1980 laying down general rules for                  whereas , since the latter condition has been fulfilled and
the supply of milk fats to certain developing countries
                                                                        the quantities involved are not so large as to disturb the
and specialized bodies under the 1980 food-aid
                                                                         normal development of prices on the market , purchases
programme ( 3 ), and in particular Article 7 thereof,                   should be made on the open market to secure the
                                                                        necessary supplies ;
Having regard to Council Regulation ( EEC ) No
1401 / 81 of 19 May 1981 laying down general rules for
the supply of milk fats to certain developing countries                 Whereas the size of the food-aid programme calls for a
and specialized bodies under the 1981 food-aid                          discontinuous series of deliveries and the time normally
programme ( 4 ), and in particular Article 7 thereof,                   needed to carry out a delivery is several months ;
                                                                        whereas the Commission will probably have cause
                                                                        during the 1981 / 82 milk year to fix maximum amounts
P)    OJ  No L  148 , 28 . 6. 1968 , p. 13 .
(2)   OJ  No I. 119 , 15 . 5. 1979 , p. 5.
(3)   OJ  No L  134 , 31 . 5. 1980 , p. 14 .                            ( 5 ) OJ No L 43 , 15 . 2 . 1977 , p . 1 .
(<)   Of  No L  141 , 27 . 5. 1981 , p. 5.                              ( 6 ) OJ No L 363 , 31 . 12 . 1980 , p . 50 .
 ---pagebreak--- No L 68 /2                               Official Journal of the European Communities                                 11 . 3 . 82
for deliveries due to be made during the 1982 / 83 milk            HAS ADOPTED THIS REGULATION :
year ; whereas , given the foregoing and the close link
between the market price of butter and skimmed-milk
                                                                                             Article 1
powder on the one hand and the intervention prices for
these products on the other, it is likely that potential
suppliers will hold back until the Council's decisions on           In accordance with the provisions of Regulation ( EEC )
common agricultural prices and agri-monetary measures              No 303 / 77 , the intervention agencies listed in the
are known ; whereas past experience has shown that , in             Annex shall arrange for the delivery of butteroil as food
such a situation of uncertainty , several potential                 aid on the terms specified therein .
suppliers prefer not to submit tenders or submit them
on the basis of inaccurate or differing forecasts , hence           In the case of supplies of butteroil made from butter or
taking the risk that their tender will either not be                cream bought on the Community market and for which
accepted or involve them in serious losses leading them             the delivery date referred to in item 9 of the Annex falls
to withdraw later from a transaction in which they have             after the end of the 1981 / 82 milk year , the sum paid on
been named as successful tenderer or contracting party              tenders resulting from application of the procedure
                                                                    referred to in item 12 of the Annex shall be increased at
by mutual agreement ; whereas , in order to encourage
tenders and to ensure that they are not based on                    the time of payment to reflect a multiplication of the
theoretical considerations making them impossible to                intervention price of butter , as * expressed in the
assess objectively , it is necessary to allow for an increase       currency of the Member State in which the tender was
at the time of payment in the price of successful tenders           submitted , by a factor of 1-22 in consequence of the
for deliveries to be made during the 1982 / 83 milk year ,          Council's decisions on common agricultural prices and
the increase being based on the change in the                       agri-monetary measures for the 1982 / 83 milk year .
intervention price , expressed in national currency , as
decided by the Council for the 1982 / 83 milk year ;                                         Article 2
Whereas the measures provided for in this Regulation                This Regulation shall enter into force on the third day
are in accordance with the opinion of the Management                following its publication in the Official Journal of the
Committee for Milk and Milk Products ,                              European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels , 5 March 1982 .
                                                                                         For the Commission
                                                                                            Poul DALSAGER
                                                                                        Member of Commission
 ---pagebreak--- 11.3 . 82                                Official Journal of the European Communities                                          No L 68 /3
                                                               ANNEX ( ] )
                  Consignment                                     A                                               B
  1.  Application of Council Regu­
      lations :
      ( a ) legal basis                                 ( EEC ) No 1401 / 81                             ( EEC ) No 939 / 79
      ( b ) affectation                       ( EEC ) No 1402 / 81 ( 1981 programme )         (EEC ) No 940 / 79 ( 1979 programme)
                                                                                                           ( general reserve )
  2.  Beneficiary                                               WFP
                                                                                             1                   Ghana
  3.  Country of destination                                Yemen PDR                       J
  4.  Total quantity of the con­                              30 tonnes                                        260 tonnes
      signment
  5.  Intervention agency responsible                          German                                            French
      for delivery
  6.   Origin of the butteroil                        To manufacture from butter or cream bought on the Community market
  7.  Special characteristics and / or       In 5 kg tins , coated internally with                             See note ( 4 )
      packaging ( 2 )                        food-can varnish or having undergone
                                               treatment giving equivalent guarantees
  8.   Markings on the packaging             'Yemen PDR 2486 / Butteroil / Aden /           'Butteroil     /   Gift of the European
                                             Gift of the European Economic                      Economic Community to Ghana'
                                             Community / Action of the World Food
                                                             Programme'
  9.   Delivery period                       Delivery as soon as possible and at the        Loading as soon as possible and at the
                                                       latest 31 March 1982                            latest 31 March 1982
 10 .  Stage and place of delivery           Community port of loading operating            Communiy port of loading operating
                                             a regular service with the recipient           a regular service with the recipient
                                                               country                                         country ( s )
 11 .  Representative of the beneficiary
       responsible for reception ( 3 )
 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 68 /4                              Official Journal of the European Communities                                         11.3 . 82
                 Consignment .                                                            C
 1.  Application of Council Regu­
     lations :
     ( a ) legal basis                                                            ( EEC ) No 1401 / 81
     ( b ) affectation                                                 ( EEC ) No 1402 / 81 ( 1981 programme )
 2.  Beneficiary                                                                          WFP
 3.   Country of destination                                                            Tanzania
 4.  Total quantity of the con­                                                        140 tonnes
     signment
 5.   Intervention agency responsible                  Will result from application of the procedure referred to in point 12
      for delivery
 6.   Origin of the butteroil                       To manufacture 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 (2 )                                                             equivalent guarantees
 8.   Markings on the packaging             'Tanzania 2247 / Butteroil / Dar es Salaam or Tonga / Gift of the European Economic
                                                                Community / Action of the World Food Programme'
 9.   Delivery period                                                            Delivery in May 1982
10 .  Stage and place of delivery               Community port of loading operating a regular service with the recipient country
11 .  Representative of the beneficiary                                                     —
      responsible for reception ( 3 )
12 .  Procedure to be applied to                                                          Tender
      determine the costs of supply
13 .   Expiry of the time limit for                                           12 noon on 22 March 1982
       submission of tenders
 ---pagebreak--- 11 . 3 . 82                              Official Journal of the European Communities                                      No L 68 /5
                  Consignment                                                            D
  1.  Application of Council Regu­
      lations :
      ( a ) legal basis                                                         ( EEC ) No 1401 / 81
      ( b ) affectation                                               ( EEC ) No 1402 / 81 ( 1981 programme )
  2.   Beneficiary                                                                      1CRC
  3.   Country of destination                                                           Angola
  4.   Total quantity of the con­                                                    200 tonnes
      signment
  5.   Intervention agency responsible                                                  Belgian
       for delivery
  6.   Origin of the butteroil                       To manufacture from butter or cream bought on the Community market
  7.   Special characteristics and / or      In 2-270 kg tins, coated internally with food-can varnish or having undergone treatment
       packaging ( 2 )                                                      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 :
                                             'ANG-55 / Butteroil / Dom da Comunidade económica europeia / Acção do Comité
                                                         internacional da Cruz Vermelha / Distribuição gratuita / Lobito'
  9.   Delivery period                                      Loading as soon as possible and at the latest 31 March 1982
 10 .  Stage and place of delivery                        Port of unloading Lobito ( deposited on the quay or on lighters)
 11 .  Representative of the beneficiary      Delegação do Comité internacional da Cruz Vermelha , Caixa Postal 2501 , Luanda ,
       responsible for reception ( 3 )                                                Angola ( 6 )
 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 68 /6                              Official Journal of the European Communities                                         11 . 3 . 82
                 Consignment                                     E                                             F
 1.  Application of Council Regu­
     lations :
     ( a ) legal basis                                                          ( EEC ) No 1401 / 81
     ( b ) affectation                                               ( EEC ) No 1402 / 81 ( 1981 programme )
 2.  Beneficiary                                                                        ICRC
 3.  Country of destination                                                             Sudan
 4.  Total ,, quantity of the con­                          75 tonnes                                        75 tonnes
     signment
 5.  Intervention agency responsible                                                   German
     for delivery
 6.   Origin of the butteroil                       To manufacture from butter dr cream bought on the Community market
 7.  Special characteristics and / or      In 2· 270 kg tins , coated internally with food-can varnish or having undergone treatment
     packaging ( 2 )                                                       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 :
                                                'ERY-86 / Part one / Butteroil '    ·              'ERY-86 / Part two / Butteroil'
                                                                                    followed by :
                                           'Gift of the European Economic Community / Action of the International Committee of the
                                                                         Red Cross / For free distribution'
 9.   Delivery period                                    Loading as soon as possible and at the latest 31 March 1982
10 .  Stage and place of delivery                      Port of unloading Port Sudan ( deposited on the quay or on lighters )
11 .  Representative of the beneficiary    Delegation of the International Committee of the Red Cross , PO Box 1831 , Khartoum ,
     responsible for reception ( 3 )                                                  Sudan ( 7 )
12 . Procedure to be applied to                                                   Mutual agreement
     determine the costs of supply
13 .  Expiry of the time limit for
     submission of tenders
 ---pagebreak--- 11 . 3 . 82                              Official Journal of the European Communities                                      No L 68 /7
                  Consignment                                                            G
  1.  Application of Council Regu­
      lations :
      ( a ) legal basis                                                          ( EEC ) No 1401 / 81
      ( b ) affectation                                               ( EEC ) No 1402 / 81 ( 1981 programme )
  2.  Beneficiary                                                                        ICRC
  3.  Country of destination                                                           Ethiopia
  4.  Total quantity of the con­                                                      50 tonnes
      signment
  5.  Intervention agency responsible                  Will result from application of the procedure referred to in point 12
      for delivery
  6.   Origin of the butteroil                       To manufacture from butter or cream bought on the Community market
  7.  Special characteristics and / or       In 2-270 kg tins , coated internally with food-can varnish or having undergone treatment
      packaging ( 2 )                                                        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 :
                                             ΈΤΗ-30 / Butteroil / Gift of the European Economic Community / Action of the
                                                    International Committee of the Red Cross / For free distribution / Assab'
  9.   Delivery period                                                           Loading in July 1982
10 .   Stage and place of delivery                        Port of unloading Assab ( deposited on the quay or on lighters )
11 .   Representative of the beneficiary      Delegation of the International Committee of the Red Cross , Addis Ababa , Ethiopia ( 8 )
       responsible for reception ( 3 )
12 .   Procedure to be applied to                                                        Tender
       determine the costs of supply
 13 .  Expiry of the time limit for                                          12 noon on 22 March 1982
       submission of tenders
 ---pagebreak--- No L 68 /8                             Official Journal of the European Communities                                          11 . 3 . 82
                 Consignment                                    H                                                I
 1.  Application of Council Regu­
     lations :
     ( a ) legal basis                                ( EEC ) No 1401 / 81                              ( EEC ) No 1312 / 80
     ( b ) affectation                     ( EEC ) No 1402 / 81 ( 1981 programme )            ( EEC ) No 1313 / 80 ( 1980 programme )
 2.  Beneficiary                                               WFP                                 NGO ( Catholic Relief Service )
 3.  Country of destination                                  Lebanon                                         El Salvador
 4.  Total quantity of the con­                             25 tonnes                                        300 tonnes
     signment
 5.  Intervention agency responsible                          French                                           Danish
     for delivery
 6.  Origin of the butteroil              To manufacture from butter or cream                To manufacture from butter or cream
                                              bought on the Community market                       bought on the Danish market
 7.  Special characteristics and / or     In 5 kg tins , coated internally with food-can varnish or having undergone treatment giving
     packaging ( 2 )                                                           equivalent guarantees
 8.  Markings on the packaging            'Lebanon 524 EXP / Butteroil / Beirut /            'Butteroil / Donación de la Comunidad
                                          Gift of the European Economic                      económica europea / Acción de Catholic
                                          Community / Action of the World Food               Relief Service i Destinado a la distribu­
                                                           Programme'                        ción gratuita en El Salvador / Cathwell
                                                                                                          80102 / Acajutla '
 9.   Delivery period                                     Delivery as soon as possible and at the latest 31 March 1982
10 .  Stage and place of delivery             Community port of loading operating a regular service with the recipient country
11 . Representative of the beneficiary                           —
                                                                                              CEBEMO ,      Van     Alkemadelaan      1,
     responsible for reception ( 3 )                                                          NL-2597 AA Den Haag ( telex 34278
                                                                                              CEMEC NL , tel . 24 17 44-24 45 95 )
                                                                                                                (Ί V o )
12 . Procedure to be applied to                                                  Mutual a greement
     determine the costs of supply
13 . Expiry of the time limit for
     submission of tenders
 ---pagebreak--- 11.3 . 82                               Official Journal of the European Communities                                        No L 68 /9
                 Consignment                                                               K
 1.  Application of Council Regu­
     lations :
     ( a ) legal basis                                                             ( EEC ) No 1401 / 81
     ( b ) affectation                                                  ( EEC ) No 1402 / 81 ( 1981 programme )
 2.  Beneficiary
                                             t                                            Burundi
 3.   Country of destination                J
 4.  Total quantity of the con­                                                         50 tonnes
     signment
 5.   Intervention agency responsible                                                     Belgian
     for delivery
 6.   Origin of the butteroil                       To manufacture 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 ( 2 )                                                             equivalent guarantees
 8.   Markings on the packaging                     'Butteroil / Don de la Communauté économique européenne au Burundi'
 9.   Delivery period                                       Loading as soon as possible and at the latest 31 March 1982
10 .  Stage and place of delivery                                                Delivered to Bujumbura
11 .  Representative of the beneficiary     Mr Kakunze Venant , Directeur général de la laiterie centrale de Bujumbura , BP 979 ,
      responsible for reception ( 3 )                                              Bujumbura , Burundi
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 68 / 10                            Official Journal of the European Communities                                                   11 . 3 . 82
                 Consignment                                      L                                                      M
 1.  Application of Council Regu­
     lations :
     ( a ) legal basis                                 ( EEC ) No 1312 / 80                                     ( EEC ) No 1401 / 81
     ( b ) affectation                     (EEC ) Ño 1313 / 80 ( 1980 programme )                 ( EEC ) No 1402 / 81 ( 1981 programme)
                                                          (general reserve )                                       ( general reserve )
 2.  Beneficiary                                                                            NGO
 3.  Country of destination                                                                Angola
 4.  Total quantity of the con­                              224 tonnes                                                276 tonnes
     signment
 5.  Intervention agency responsible                           Dutch                              Will result from application of the
     for delivery                                                                                     procedure referred to in point 12
 6.   Origin of the butteroil                      To manufacture 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 ( 2 )                                                                equivalent guarantees
 8.   Markings on the packaging            'Butteroil / Dom da Comunidadè econòmica europeia / Acção do War on Want /
                                                    Destinado a distribuição gratuita em Angola / WOW / 83603 / Lobito'
 9.   Delivery period                      Delivery as soon as possible and at the                             Delivery in May 1982
                                                      latest 31 March 1982
10 .  Stage and place of delivery              Community port of loading operating a regular service with the recipient country
11 .  Representative of the beneficiary     CEBEMO , Van Alkemadelaan 1 , NL-2597 AA Den Haag^ ( telex 34278 CEMEC NL ,
      responsible for reception ( 3 )                                        tel . 24 17 44 - 24 45 95 ) ( 9 ) (")
12 .  Procedure to be applied to                         Mutual agreement                                                Tender
      determine the costs of supply
13 .  Expiry of the time limit for                                —
                                                                                                         12 noon on 22 March 1982
      submission of tenders
 ---pagebreak--- 11 . 3 . 82                                  Official Journal of the European Communities                                       No L 68 / 11
            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. The sum paid shall take into account
                   any increase due under Article 1 of this Regulation .
            ( 2 ) Other than those set out in Annex II to Regulation ( EEC ) No 303 / 77 .
            ( 3 ) 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 .
            ( 4 ) 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 on 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.
            ( 5 ) Fob delivery 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 ) The bill of lading must contain the following information :
                    ' NOTIFY-ADDRESS :
                    ( a ) Consignee ;
                    ( b ) Manubito SARL , Av . Marechal Carmina 79 , Lobito ( Angola )'.
                    The successful tenderer shall giye , at the time of delivery , a health certificate and a certificate of
                    origin made out in Portuguese .
            ( 7 ) The successful tenderer should send a copy of the dispatch documents to :
                    Delegation of the Commission of the European Communities ,
                    PO Box 2363 ,
                    Khartoum ( Sudan ).
            ( 8 ) The successful tenderer should send a copy of the dispatch documents to :
                    Delegation of the Commission of the European Communities ,
                    PO Box 5570 ,
                    Addis Ababa ( Ethiopia ).
             ( 9 ) 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 .
             ( 10 ) The successful tenderer shall send to the beneficiaries' agents , on delivery , a certificate of origin and
                     a health certificate , amde out in Spanish .
             ( n ) The successful tenderer shall send to the beneficiaries' agents on delivery , acertificate of origin and a
                     health certificate , made out in Portuguese .