CELEX: 31982R3135
Language: en
Date: 1982-11-23 00:00:00
Title: Commission Regulation (EEC) No 3135/82 of 23 November 1982 on the delivery of various consignments of butteroil as food aidi

29 . 11 . 82                                  Official Journal of the European Communities                           No L 334 / 1
                                                                      I
                                                  (Acts whose publication is obligatory)
                                            COMMISSION REGULATION (EEC) No 3135/82
                                                           of 23 November 1982
                                    on the delivery of various consignments of butteroil as food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                              skimmed-milk powder and butteroil as food aid (5), as
                                                                         last amended by Regulation (EEC) No 3474/80 (6);
                                                                         whereas, in particular, the periods and terms for
Having regard to the Treaty establishing the European                    delivery and the procedure to be followed by the
Economic Community,                                                      intervention agencies to establish the costs arising
                                                                         therefrom should be laid down;
Having regard to Council Regulation (EEC) No 804/68                      Whereas Articles 2 (2) of Regulations (EEC)
of 27 June 1968 on the common organization of the                        No 1401 /81 and (EEC) No 1039/82 specify that,
market in milk and milk products ( 1), as last amended                   provided the normal development of prices on the
by Regulation (EEC) No 1183 /82 (2), and in particular                   market is not disturbed, the supply of butter and
Article 6 (7) thereof,                                                   butteroil as food aid shall be ensured in the form of
                                                                         butter or butterfats bought on the Community market if
                                                                         the situation on the market does not allow supply from
Having regard to Council Regulation (EEC)                                public stocks; whereas, since the latter condition has
No 1401 /81 of 19 May 1981 laying down general rules                     been fulfilled and the quantities involved are not so
for the supply of milk fats to certain developing                        large as to disturb the normal development of prices on
countries and specialized bodies under the 1981                          the market, purchases should be made on the open
food- aid programme (3), and in particular Article 7                     market to secure the necessary supplies;
thereof,
                                                                         Whereas the measures provided for in this Regulation
                                                                         are in accordance with the opinion of the Management
Having regard to Council Regulation (EEC)                                Committee for Milk and Milk Products,
No 1039/82 of 26 April 1982 laying down general rules
for the supply of milk fats to certain developing
countries and specialized bodies under the 1982
food-aid programme (4), and in particular Article 7                       HAS ADOPTED THIS REGULATION:
thereof,
                                                                                                     Article 1
Whereas, under the food-aid programmes adopted by
the Council Regulations specified in the Annex, certain                   In accordance with the provisions of Regulation (EEC)
third countries and beneficiary organizations have                        No 303/77, the intervention agencies specified in the
requested the delivery of the quantities of butteroil set                 Annex shall deliver butteroil as food aid on the special
out therein;                                                              terms set out therein.
Whereas, therefore, delivery should be effected in
                                                                                                     Article 2
accordance with the rules laid down in Commission
Regulation (EEC) No 303 /77 of 14 February 1977
laying down general rules for the supply of                               This Regulation shall enter into force on the third day
                                                                          following its publication in the Official Journal of the
                                                                          European Communities.
(»)  OJ No   L 148,  28 . 6. 1968 , p. 13 .
(2)  OJ No   L 140,  20. 5 . 1982 , p. 1
(3 ) OJ  No  L 141 , 27. 5 . 1981 , p . 5 .                              (») OJ No L 43 , 15 . 2. 1977, p. 1 .
(4)  OJ  No  L 120,  1 . 5 . 1982 , p . 5 .                              (6) OJ No L 363 , 31 . 12 . 1980, p. 50 .
 ---pagebreak--- No L 334 / 2                       Official Journal of the European Communities                             29 . 11 . 82
             This Regulation shall be binding in its entirety and directly applicable in all Member States.
             Done at Brussels, 23 November 1982 .
                                                     «
                                                                                  For the Commission
                                                                                     Poul DALSAGER
                                                                              Member of the Commission
 ---pagebreak--- 29 . 11 . 82                             Official Journal of the European Communities                                       No L 334 / 3
                                                                ANNEX f 1 )
                  Consignment                                      A                                               B
  1.  Application of Council Regu­
      lations :
      ( a ) legal basis                                                  ( EEC ) No 1039 / 82 ( 1982 programme )
      ( b ) affectation                                                            ( EEC ) No 1040 / 82
  2.  Beneficiary                                                                          NGO
  3.  Country of destination                                  Guatemala                                          Nicaragua
  4.  Total quantity of the con­                               45 tonnes                                         60 tonnes
      signment
  5.  Intervention agency responsible                                                      British
      for delivery
  6.  Origin of the butteroil ( 2 )                                  To be manufactured from intervention butter
  7.  Special characteristics and / or       In 5 kg tins , coated internally with food-can varnish or having undergone treatment giving
      packaging ( 3 )                                                             equivalent guarantees
  8.  Markings on the packaging              'Cathwel / 80126 / Butteroil / Santa                     'Cathwel / 80129 / Butteroil /
                                                        Thomas de Castilla /'                                    Corinto /'
                                                                                       followed by :
                                             'Donación de la Comunidad económica europea / Acción de Catholic Relief Service /
                                                                          Destinado a la distribución gratuita en
                                                              Guatemala'                                        Nicaragua'
  9.   Delivery period                                     Delivery as soon as possible and at the latest 31 December 1982
10 .   Stage and place of delivery           Community port of loading operating a regular service with the recipient country ( 5 ) ( 6 )
11 .   Representative of the beneficiary     EURONAID , PO Box 90727 , van Alkemadelaan 1 , NL-2509 LS Den Haag ( telex 34278
      responsible for reception ( 4 )                                   CEMEC NL ; tel . 070 / 246869-241744 )
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 334 / 4                            Official Journal of the European Communities                                       29 . 11 . 82
                 Consignment                                                             C
 1.  Application of Council Regu­
     lations :
     ( a ) legal basis                                                ( EEC ) No 1401 / 81 ( 1981 programme )
     ( b ) affectation                                                           ( EEC ) No 1402 / 81
 2.  Beneficiary                                                               World Food Programme
 3.  Country of destination                                                             Malawi
 4.  Total quantity of the con­                                                       39 tonnes
     signment
 5.  Intervention agency responsible                                                     Dutch
     for delivery
 6.   Origin of the butteroil ( 2 )                                To be manufactured from intervention butter
 7.   Special characteristics and / or      In 5 kg tins, coated internally with food-can varnish or having undergone treatment giving
     packaging ( 3 )                                                            equivalent guarantees
 8.   Markings on the packaging             'Malawi 2194 / Butteroil / Nacala / Gift of the European Economic Community / Action
                                                                           of the World Food Programme'
 9.   Delivery period                                                         Delivery in February 1983
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 (4 )
12 .  Procedure to be applied to                                                         Tender
      determine the costs of supply
13 .  Expiry of the time limit for                                         12 noon on 13 December 1982
      submission of tenders
 ---pagebreak--- 29 . 11 . 82                             Official Journal of the European Communities                                   No L 334 / 5
                  Consignment                                   D                                               E
 1.   Application of Council Regu­
      lations :
      ( a ) legal basis                                               ( EEC ) No 1039 / 82 ( 1982 programme )
      ( b ) affectation                                                         ( EEC ) No 1040 / 82
 2.   Beneficiary
 3.   Country of destination
                                             )               Guyana                            j             Zimbabwe
 4.   Total quantity of the con­                           100 tonnes                                        250 tonnes
      signment
 5.   Intervention agency responsible                        British                                           French
      for delivery
 6.    Origin of the butteroil ( 2 )                              To be manufactured from intervention butter
 7.   Special characteristics and / or                                                    n
      packaging ( 3 )
 8.   Markings on the packaging                            'Butteroil / Gift of the European Economic Community to
                                                             Guyana'                                         Zimbabwe'
 9.    Delivery period                              Loading in February 1983                          Loading in March 1983
10 .   Stage and place of delivery             Community port of loading operating a regular service with the recipient country ( 8 )
11 .   Representative of the beneficiary                        —
                                                                                                 General Manager , Dairy Marketing
      responsible for reception ( 4 )                                                            Board , 18 Stanley Avenue , Harare ,
                                                                                                Zimbabwe ( telex 4420 DMHBOZW )
12 .  Procedure to be applied to                                                        Tender
      determine the costs or supply
13 .   Expiry of the time limit for                                       12 noon on 13 December 1982
       submission of tenders -
 ---pagebreak--- No L 334 / 6                            Official Journal of the European Communities                                      29 . 11 . 82
                 Consignment                                                            G
 1.  Application of Council Regu­
     lations :
     ( a ) legal basis                                               (EEC ) No 1039 / 82 ( 1982 programme)
     ( b ) affectation                                                          ( EEC ) No 1040 / 82
 2.  Beneficiary                                                    International Committee of the Red Cross
 3.  Country of destination                                                           Ethiopia
 4.  Total quantity of the con­                                                      70 tonnes
     signment
 5.  Intervention agency responsible                                                   Belgian
     for delivery
 6.   Origin of the butteroil ( 2 )               To be manufactured 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 ( 3 )                                                       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 inscription :
                                            ΈΤΗ 40 / Butteroil / Gift of the European Economic Community / Action of the
                                                  International Committee of the Red Cross / For free distribution in Ethiopia'
 9.   Delivery period                                    Loading as soon as possible and at the latest 15 December 1982
10 .  Stage and place of delivery                       Port of unloading Massawa (deposited on the quay or on lighters)
11 .  Representative of the beneficiary                    ICRC Delegation , PO Box 5701 , Addis Ababa, Ethiopia ( 9 )
      responsible for reception ( 4 )
12 .  Procedure to be applied to                                                  Mutual agreement
      determine the costs of supply
13 .  Expiry of the time limit for                                                        —
      submission of tenders
 ---pagebreak--- 29 . 11 . 82                             Official Journal of the European Communities                                    No L 334 / 7
                  Consignment                                                             H
 1.  Application of Council Regu­
      lations :
      ( a ) legal basis                                                 ( EEC ) No 1039 / 82 ( 1982 programme )
      ( b ) affectation                                                           ( EEC ) No 1040 / 82
 2.   Beneficiary
                                                                                         Somalia
 3.   Country of destination
 4.   Total quantity of the con­                                                       320 tonnes
      signment
 5.   Intervention agency responsible                                                      Irish
      for delivery
 6.    Origin of the butteroil ( 2 )                                To be manufactured from intervention butter
 7.   Special characteristics and / or       In 5 kg tins, coated internally with food-can varnish or having undergone treatment giving
      packaging ( 3 )                                                            equivalent guarantees
 8.    Markings on the packaging                        'Butteroil / Gift of the European Economic Communiy to Somalia'
 9.    Delivery period                                      Loading as soon as possible and at the latest 31 January 1983
10 .   Stage and place of delivery                        Port of unloading Berbera (deposited on the quay or on lighters )
11 .   Representative of the beneficiary         Food Aid Department , Regional Government , North-West Region , Hargeisa ( ,0 )
       responsible for reception (4 )
12 .   Procedure to be applied to                                                         Tender
       determine the costs of supply
13 .   Expiry of the time limit for                                         12 noon on 13 December 1982
       submission of tenders
 ---pagebreak--- No L 334 / 8                           Official Journal of the European Communities                                   29 . 11 . 82
                Consignment                                                           I
 1.  Application of Council Regu­
     lations :
     (a) legal basis                                               ( EEC ) No 1039 / 82 ( 1982 programme )
     ( b) affectation                                                         ( EEC) No 1040 / 82
 2.  Beneficiary
 3.  Country of destination
                                           j                                         Ghana
 4.  Total quantity of the con­                                                   600 tonnes
     signment
 5.  Intervention agency responsible                                                German
     for delivery
 6.   Origin of the butteroil ( 2 )                              To be manufactured from intervention butter
 7.  Special characteristics and/ or                                                    H
     packaging ( 3 )
 8.  Markings on the packaging                       'Butteroil / Gift of the European Economic Community to Ghana'
 9.   Delivery period                                                       Loading in January 1983
10 .  Stage and place of delivery            Community port of loading operating a regular service with the recipient country ( 8 )
11 . Representative of the beneficiary                                                  —
     responsible for reception ( 4 )
12 . Procedure to be applied to                                                      Tender
     determine the costs of supply
13 . Expiry of the time limit for                                       12 noon on 13 December 1982
     submission of tenders
 ---pagebreak--- 29 . 11 . 82                            Official Journal of the European Communities                                     No L 334 / 9
                  Consignment                                                              K
 1.   Application of Council Regu­
      lations :
      ( a ) legal basis                                                ( EEC ) No 1039 / 82 ( 1982 programme )
      ( b ) affectation                                                            ( EEC ) No 1040 / 82
 2.   Beneficiary                                                                          NGO
 3.   Country of destination                                                               Zaire
 4.   Total quantity of the con­                                                         20 tonnes
      signment
 5.   Intervention agency responsible                                                      British
      for delivery
 6.    Origin of the butteroil ( 2 )               To be manufactured 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 ( 3 )                                                         giving equivalent guarantees
 8.    Markings on the packaging            'Butteroil / Don de la Communauté économique européenne / Pour distribution gratuite au
                                            Zaïre / Don non-commercialisable / Coopération BEDH-BOPR / 82100 / Kinshasa via
                                                                                          Matadi '
 9.    Delivery period                                   Loading as soon as possible and at the latest 31 December 1982
10 .   Stage and place of delivery              Community port of loading operating a regular service with the recipient country
11 .  Representative of the beneficiary     EURONAID , van Alkemadelaan 1 , NL-2597 AA Den Haag , (telex 34278 CEMEC NL ;
      responsible for reception ( 4 )                                       tel . 070 / 241744 , 244594) (»)
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 334 / 10                              Official Journal of the European Communities                                     29 . 11 . 82
             Notes:
               ( x) This Annex, together with the notice published in Official Journal of the European Communities
                     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.
               (2) In cases where the goods come from intervention stocks, an additional notice stating the
                     warehouses where the product is stored will be published in the 'C' series of the Official Journal of
                     the European Communities.
               (3) 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) Other than those set out in Annex II to Regulation (EEC) No 303 /77.
               (5) The successful tenderer shall send to :
                     Messrs 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. The successful
                     tenderer shall send to the beneficiaries' agents, on delivery, a health certificate made out in the
                     language indicated by the beneficiaries.
               (6) The successful tenderer shall send the beneficiaries' agents, on delivery, a certificate or origin made
                     out in Spanish.
               (7) In new bunged metal drums, coated inside with food-can varnish or having been subject to a
                     procedure giving equivalent guarantees, of 1 90 to 200 kg (to be indicated in 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.
                (8) Delivery fob shall be deemed to have taken place and the risks shall pass from the successful
                     tenderer to the recipient at the moment when the products have actually been lifted across the rails
                     of the vessel at the port of shipment designated for delivery.
                (9) The successful tenderer shall send a copy of the dispatch documents to :
                      EEC Commission Delegate,
                     PO Box 5570,
                     Addis Ababa, Ethiopia
                      (telex DELEGEUR 21135 ).
             ( 10) The successful tenderer shall send a copy of the dispatch documents to :
                      EEC Commission Delegate,
                      PO Box 943 ,
                      Mogadiscio, Somalia
                      (telex FED MOG SM 628 )
              f 11 ) The successful tenderer shall send to :
                      Messrs 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.
                      The successful tenderer shall send the beneficiaries' agents, on delivery, a certificate of origin.
                      The successful tenderer shall send the beneficiaries' agents, on delivery, a health certificate.