CELEX: 31977R0303
Language: en
Date: 1977-02-14 00:00:00
Title: Commission Regulation (EEC) No 303/77 of 14 February 1977 laying down general rules for the supply of skimmed-milk powder and butteroil as food aid

15 . 2. 77                                 Official Journal of the European Communities                                 No L 43 / 1
                                                                    I
                                                 (Acts whose publication is obligatory)
                                        COMMISSION REGULATION ( EEC) No 303/77
                                                         of 14 February 1977
              laying down general rules for the supply of skimmed-milk powder and butteroil
                                                              as food aid
THE COMMISSION OF THE EUROPEAN                                         Whereas Commission Regulation ( EEC) No 1687/ 76
 COMMUNITIES,                                                          of 30 June 1976 laying down common detailed rules
                                                                       for verifying the use and/or destination of products
                                                                       from intervention (3 ), as last amended by Regulation
 Having regard to the Treaty establishing the European                 ( EEC) No 31 35/ 76 (4), applies to products from inter­
 Economic Community,                                                   vention stocks to be supplied as food aid under this
                                                                       Regulation ;
 Having regard to Council Regulation (EEC) No
 804/68 of 27 June 1968 on the common organization                     Whereas the proof that goods have been delivered to
of the market in milk and milk products ('), as last                   the destination prescribed should continue to be
amended by Regulation (EEC) No 559 /76 (2 ), and in                    furnished by producing the control copy referred to in
 particular Articles 6 (7), 7 (5) and 28 thereof,                      Article 1 of Regulation ( EEC) No 2315/69 of 19
                                                                       November 1969 on the use of Community transit
                                                                       documents for the purpose of applying Community
Whereas the Community food-aid programme                               measures for verifying the use and/or destination of
 provides for the supply of considerable quantities of                 goods (5), as amended by Regulation (EEC) No
skimmed-milk powder and butteroil to certain deve­                     690/ 73 (<•) ;
loping countries and international organizations ;
whereas the skimmed-milk powder and the butter,
from which the butteroil to be supplied is manufac­                    Whereas the following Regulations will become
tured, should in principle be provided from the stocks                 redundant on publication of these general rules and
of the intervention agencies ; whereas taking into                     therefore have to be repealed :
account the market situation purchases may however
also be made on the Community market, in particular                    — Commission Regulation (EEC) No 1365/ 74 of 31
in the case of skimmed-milk powder when the inter­                           May 1974 on the supply of butteroil as food aid to
vention stocks do not correspond to the characteristics                      certain developing countries ( 7), as last amended by
required for its particular destination ;                                    Regulation ( EEC) No 2390/ 75 (8),
                                                                       — Commission Regulation ( EEC) No 2121 /74 of 9
Whereas the relevant basic rules also provide that in                        August 1974 on the supply of butteroil as food aid
respect of individual deliveries a tendering procedure                       to the World Food Programme (9), as last amended
is in principle to be held to determine the transport                        by Regulation ( EEC) No 2390/75,
costs and , where necessary, the purchase price ;
whereas in exceptional cases a direct award procedure                  — Commission Regulation (EEC) No 2557/ 74 of 4
may be decided upon ;                                                        October 1 974 concerning the invitation to tender
                                                                             for the cost of delivery, as food aid , of skimmed­
                                                                             milk powder to certain third countries ( 10),
Whereas, in the light of the experience gained from
implementing food-aid programmes, it appears useful                     3)  OJ  No  L 190 , 14 . 7 . 1976, p. 1 .
to harmonize and consolidate into one Regulation the                    ■«) OJ  No  L 353 , 23 . 12 . 1976, p. 38 .
implementing provisions which have hitherto applied                     5)  OJ  No  L 29 5 , 24 . II . 1969 , p. 14 .
                                                                        h)  OJ  No  L 66 , 13 . 3 . 1973 , p. 23 .
to individual operations ;                                              7)  Oj  No  L 147 , 1 . 6 . 1974 , p. 46 .
                                                                        s)  OJ  No  L 246 , 20 . 9 . 1975 , p. 5 .
(') OJ No L 148 , 28 . 6 . 1968 , p . 13 .                              ") O'j No L 222, 12 . 8 . 1974, p. 10 .
(-') OJ No L 67 , 1 5 . 3 . 1 976 , p . 9 .                             n) O ) No L 274, 9 . 10 . 1974, p. 7 .
 ---pagebreak---  No L 43/ 2                                   Official Journal of the European Communities                               15 . 2 . 77
 — Commission Regulation (EEC) No 597/75 of 6                                                    Article 2
      March 1975 concerning invitations to tender for
      the cost of delivery of skimmed-milk powder in
      public storage as food aid to the countries of the                  1 . The delivery of skimmed-milk powder or butter­
      Sahel and Ethiopia ('),                                            oil as food aid shall be carried out by a business esta­
                                                                         blished in the Community (hereinafter called 'the
 — Commission Regulation ( EEC) No 750/75 of 21
                                                                         successful tenderer') and selected in accordance with
      March 1975 concerning invitations to tender for
                                                                         one of the procedures referred to in Article 12.
      the costs of manufacture and delivery of butteroil
      as food aid to the countries of the Sahel and Ethi­
      opia (2), as last amended by Regulation (EEC) No                   2. The delivery shall be made at one of the delivery
      2212/76 (3 ),                                                      stages listed in Annex I to this Regulation . The
 — Commission Regulation ( EEC) No 1221 /75 of 6                         delivery shall be governed by the detailed procedures
      May 1975 concerning the conditions for invita­                     laid down therein , the terms used in commercial trade
      tions to tender for the costs of delivery, as food                 being disregarded.
      aid, of skimmed-milk powder for the World Food
      Programme (4), as amended by Regulation (EEC)
      No 2061 /75(5),                                                    3 . When carrying out the delivery to the recipient
                                                                         according to the conditions laid down, the successful
— Commission Regulation ( EEC) No 2247/75 of 29
                                                                         tenderer shall act as the agent of the Community.
      August 1975 on the terms of invitations to tender
      for the cost of manufacture and delivery of butter­
      oil as food aid to certain developing countries and
      to the World Food Programme (6), as last amended
      by Regulation ( EEC) No 2402/76 (7),                                                       Article 3
— Commission Regulation ( EEC) No 2660/75 of 20
      October 1975 on invitations to tender for the
                                                                         1 . The successful tenderer shall be responsible for
      supply of butteroil bought on the Community                        any loss or damage to the goods and shall therefore
      market as food aid to certain developing countries                 insure the goods for their value on the Community
      and to the World Food Programme (8) ;                              market, up to the time when the recipient draws up
                                                                         the relevant take-over certificate referred to in Article
Whereas the Annex to Regulation ( EEC) No 1687/76
                                                                        4 (2).
 must be adapted to take account of the new legal posi­
 tion ;
                                                                         2.    Additional costs of insurance which arise from
Whereas the measures provided for in this Regulation
                                                                        delays of over eight days, on the part of the recipient,
are in accordance with the opinion of the Manage­
 ment Committee for Milk and Milk Products,
                                                                        between the actual delivery of the goods and the
                                                                        drawing up of the take-over certificate shall be reim­
                                                                        bursed to the successful tenderer by the intervention
                                                                        agency concerned on production of the relevant proof
 HAS ADOPTED THIS REGULATION :                                          and shall be borne by the Community without preju­
                                                                        dice to subsequent reimbursement by the recipient.
                               TITLE I
                      General provisions
                                                                                                 Article 4
                               Article 1
                                                                         1 . The successful tenderer shall submit to any
When a decision is taken to supply skimmed-milk                         checks carried out by the recipient's agent and for this
powder or butteroil as food aid to an international                     purpose shall hatid^over to him a list containing the
organization or to a developing country (hereinafter                    following information relating to the goods supplied :
referred to as 'the recipient') the general provisions of
this Regulation shall apply without prejudice to
special provisions to be laid down in specific cases .                  (a) the auantity, type, markings and numbers of the
                                                                             packages,
(')  OJ  No  L  63 , 8 . 3 . 1975, p . 7.                               (b) the gross and net weight of the goods,
(-)  OJ  No  L  74, 22 . 3 . 1975, p . 30 .
O    OJ  No  L  249 , 11.9 . 1976, p . 5 .                              (c) the number of empty sacks delivered under Article
(4 ) OJ  No  L  121 , 14 . 5 . 1975, p. 17 .
(5 ) OJ  No  L  209 , 7 . 8 . 1975 , p . 19 .                                6 (3), and taken over at the relevant delivery stage,
(b)  OJ  No  L  229, 30 . 8 . 1975, p. 60 .
O    OJ  No  L  270 , 2 . 10 . 1976, p . 23 .                           (d) as necessary, the number of the control copy
(s ) OJ  No  L  270 , 21 . 10 . 1975, p. I 1                                 referred to in Article 19 12).
 ---pagebreak---  15 . 2 . 77                           Official Journal of the European Communities                             No L 43 /3
 2. The take-over certificate which the recipient s              Annex to Commission Regulation (EEC) No 1108/68
 agent shall hand over to the successful tenderer at the         of 27 July 1968 on detailed rules of application for
 time of the take-over shall contain the following infor­         public storage of skimmed-milk powder ('), as last
 mation :                                                        amended by Regulation ( EEC) No 1 457/75 (2). The
                                                                  packaging shall be dry, clean and undamaged .
(a) the place and date of the take-over,
(b) a description of the goods taken over as set out in           If the skimmed-milk powder is to contain vitamin
      paragraph 1 (a), (b) and (c) and, when necessary,          additives, the appropriate requirements shall be laid
      the number of the control copy referred to in              down separately for each individual delivery.
      Article 19 (2),
(c) any comments on the condition of the goods .                  In exceptional cases, specific packaging requirements
                                                                 may be laid down .
                          Article 5                              3 . In the case referred to in paragraph 1 (a), the
                                                                 intervention agency shall provide an additional 2 %
 1.     Where    delivery is    made 'to the          port of    of empty sacks corresponding to the sacks containing
 unloading', the intervention agency concerned shall as          the goods. In the case referred to in paragraph 1 (b),
 soon as possible notify the recipient's agent indicated          the purchase on the Community market shall include
by the Commission , of the name of the vessel , the              these additional empty sacks.
date of loading, the port of unloading and the particu­
 lars referred to in Article 4 ( 1 ) (a), (b) and (c) as noted    In the case of delivery 'to the port of unloading' or
at the time of dispatch .                                        ' free at destination ' the successful tenderer shall enter
                                                                 these empty sacks on the bill of lading.
The successful tenderer shall notify the recipient of
the expected date of arrival of the vessel at the port of
unloading at least 10 days before that date.                                                Article 7
The successful tenderer shall ensure that the charter­            1.      If the skimmed-milk powder to be delivered
party contains a term that the captain shall notify the          comes from intervention stocks , it shall not be handed
recipient at least 72 hours in advance of the estimated          over by the intervention agency unless a security for
date of arrival of the vessel at the port of unloading.          delivery has been lodged, the amount of which shall
                                                                 correspond to the intervention price for skimmed­
2.      Where delivery is made ' free at destination ', the      milk powder, applicable on the day when the milk
intervention agency concerned shall as soon as                   powder is taken over, increased by 1-5 units of
 possible notify the recipient's agent indicated by the          account per 100 kilograms .
Commission , of the date of loading, the means of
transport used for transporting the goods to their desti­        2.       The successful tenderer shall ensure that the
nation , the port of unloading and the particulars               quantity of skimmed-milk powder made available by
referred to in Article 4 ( 1 ) (a), (b) and (c) as noted at      the intervention agency corresponds to the quantity to
the time of dispatch .                                           be delivered .
The successful tenderer shall notify the recipient of            It shall further ensure that the packaging of the skim­
the estimated date of arrival of the goods at their desti­       med-milk powder is dry, clean and undamaged .
nation at least two days before that date.
                                                                 3 . The intervention agency shall make available the
                                                                 skimmed-milk powder as follows :
                          TITLE II
                                                                 — in the case of a railway truck or a lorry, loaded (but
                                                                        not stowed) on the means of transport at the
Special provisions for deliveries of skimmed­                           loading platform of the warehouse,
                       milk powder
                                                                 — in the case of any other means of transport, in
                                                                        particular a container, on the loading platform of
                          Article 6                                    the warehouse .
 1 . The skimmed-milk powder to be supplied shall ,              4.       The insurance contract referred to in Article 3
as appropriate :                                                 ( 1 ) shall contain a clause whereby the insurer shall , in
                                                                 case of accident, pay the intervention agency compen­
(a) be placed at the disposal of the successful tenderer         sation equal to the value of the skimmed-milk powder
      in the stores of a specified intervention agency, or       concerned (at the intervention price applicable on the
(b) be purchased on the Community market.                        day when the powder was taken over).
2. The skimmed-milk powder shall meet the                        (') OJ No L 184, 29 . 7 . 1968 , p . 34 .
quality and packaging requirements laid down in the              (') OJ No L 1 45, 6 . 6 . 1975, p . 17 .
 ---pagebreak--- No L 43/4                          Official Journal of the European Communities                                   15 . 2 . 77
                        Article 8                             Such approval shall be withdrawn if it becomes
                                                              evident that these conditions are no longer satisfied .
1 . If the goods to be delivered are purchased on the
Community market, the competent agency in the
Member State concerned shall check that the quality
                                                                                          Article 10
and packaging comply with the conditions laid down
and shall issue a certificate to that effect on conclu­
sion of the said check .                                      1.        If the butteroil to be delivered is to be manufac­
                                                              tured from butter from intervention stocks :
2. For the purposes of the check referred to in para­
graph 1 , the successful tenderer shall notify the            (a) the intervention agency, before the tender or the
competent agency carrying out the check, of the date                 conclusion of the directly awarded contract, shall
when the packaging of the skimmed-milk powder is                     take all necessary measures to enable interested
to begin, at least three working days before that date.              parties to examine at their own expense samples
The skimmed-milk powder may only be dispatched                       taken from the butter,
from the place of packaging after authorization by the
competent authority.
                                                              (b) the butter shall not be handed over by the inter­
                                                                     vention agency unless a security for processing
3.      From the time of the check referred to in para­              and delivery has been lodged, the amount of
graph 1 , the skimmed-milk powder shall be subject to                which shall correspond to the Community inter­
customs     control  or  similar  administrative  control            vention price for butter applicable on the day
providing equivalent security up to the time when, in                when the butter is taken over increased by two
the case of delivery 'to the port of shipment', one                  units of account per 100 kilograms.
copy of the take-over certificate referred to in Article
4 (2) is returned to the competent authority referred to      2.        The successful tenderer shall undertake :
in Article 19 (6) and, in the case of delivery 'to the
port of unloading' or 'free at destination', the goods        (a) to pay for the butter delivered by the intervention
have left the geographical territory of the Community.               agency according to the following conditions :
                                                                     — the purchase price of the butter on leaving the
                                                                           cold store shall be equal to the Community
                        TITLE III                                          intervention price applicable on the day fixed
                                                                           as the closing date for receipt of tenders, where
    Special provisions for deliveries of butteroil                         the successful tenderer was selected under the
                                                                           tendering procedure laid down in Article 12
                         Article 9
                                                                           ( 1 ), or the day of concluding the directly
                                                                           awarded contract, where the successful tenderer
                                                                           was selected under the procedure laid down in
 1 . The butteroil to be supplied shall be manufac­                        Article 12 (2);
tured, as appropriate, from :
                                                                     — subject to Article 21 (3), the successful tenderer
(a) butter placed at the disposal of the successful                        shall pay for the butter delivered within 90
      tenderer in the stores of a specified intervention                   days of the final date fixed by the intervention
      agency, or
                                                                           agency for delivery ;
(b) butter or cream of Community origin available on
      the Community market.                                    (b) not to make any complaint concerning the quality
                                                                      and nature of the butter made available by the
 2. The butteroil to be supplied shall meet the                       intervention agency,
 quality and packaging requirements laid down in
 Annex II to this Regulation .                                 (c) to manufacture the butteroil to be delivered only
                                                                      from the butter handed over by the intervention
 The conformity of the packaging materials used with                  agency for that purpose.
 the requirements laid down shall be established by the
 presentation of the certificate referred to in Annex II
                                                               3 . The intervention agency shall make available the
 (2), issued by the approved package testing agency,
                                                               butter loaded (but not stowed) on the means of trans­
 and still valid on the day of using the said packages .
                                                               port at the loading platform of the cold store.
 3 . Only those processing undertakings which are
 approved for that purpose by the Member State on              4.        The insurance contract referred to in Article 3
 whose territory the manufacture of the butteroil takes        ( 1 ) shall contain a clause whereby the insurer shall, in
 place may be entrusted with the supply of butteroil .         case of accident, pay the intervention agency compen­
 Only those undertakings which provide sufficient              sation equal to the value of the butter concerned (at
 guarantee that they will comply with the obligations          the intervention price applicable on the day when the
 laid down in this Regulation may be approved .                goods were taken over).
 ---pagebreak---  15 . 2 . 77                        Official Journal of the European Communities                             No L 43/ 5
                        Article 11                            — the date by which the delivery is to take place,
 1 . The competent agency of the Member State                 — if appropriate, the location of the warehouse or
concerned shall check that Article 9 ( 1 ) (b) and (2) and         warehouses in which the skimmed-milk powder to
Article 10 (2) (c) are complied with and shall issue a             be supplied or the butter intended for the manufac­
certificate to that effect on conclusion of the said               ture of the butteroil to be supplied are stored,
check .                                                       — in cases of delivery 'to the port of unloading' or
                                                                   'free at destination', the name and address of the
2. For the purpose of the check referred to in para­               recipient's agent responsible for taking delivery.
graph 1 , the successful tenderer shall notify the
competent agency carrying out the check, of the date          2.      The   notice   of  invitation  to tender  shall  be
when the manufacture and packaging of the butteroil           published in the Official Journal of the European
is to begin , at least three working days before that          Communities at least 12 days before the closing date
date. The butteroil may only be dispatched from the           for submission of tenders . In addition , the interven­
place of manufacture and packaging after authoriza­           tion agencies may proceed with publication elsewhere.
tion by the competent authority.
3.      From the time of the check referred to in para­                                 Article 14
graph 1 , the butteroil bought on the market shall be
subject to customs control or similar administrative           1 . Tenders shall be submitted in writing and either
control providing equivalent security up to the time          handed in to the intervention agency against a receipt
when , in the case of delivery 'to the port of shipment',     or sent by registered letter to the intervention agency.
one copy of the take-over certificate referred to in          The intervention agency may also authorize the use of
Article 4 (2) is returned to the competent authority          telex .
referred to in Article 19 (6) and, in the case of delivery
'to the port of unloading' or 'free at destination', the       If the goods to be supplied are purchased on the
goods have left the geographical territory of the              Community market the tender shall be handed in to
Community.                                                    the intervention agency of the Member State on
                                                              whose territory the goods are to be manufactured and
                                                               packaged in accordance with Article 6 (2) in the case
                         TITLE IV                             of skimmed-milk powder or in accordance with
                                                              Article 9 (2) and Annex II in the case of butteroil .
Tendering procedure and direct award proce­
                           dure
                                                               2. Where the invitation to tender is in respect of
                                                              several lots each tender shall relate to one lot only.
                        Article 12
                                                              A tender shall be valid only if it relates to the whole
1.      In order to determine the transport cost and,         of a lot .
where appropriate, the price for the purchase or manu­
facture and the packaging of the skimmed-milk                 The Regulation concerning an individual tendering
powder or butteroil, a tendering procedure shall be            procedure may, however, provide that tenders are still
held in accordance with the rules laid down in Arti­          valid if they relate only to a partial quantity of 500
cles 13 to 17 .                                               tonnes or a multiple of 500 tonnes of the total quan­
                                                              tity of the lot in question . In this case the tenderer
2.      In cases of special urgency, however, or when         whose tender relates to a multiple of 500 tonnes shall
the quantities involved are relatively small , a direct       state the minimum partial quantity which may be
award procedure may be adopted, and shall be subject          awarded to him .
to the rules laid down in Article 18 .
                                                              3.      The tender shall indicate :
                        Article 13                            (a) the name and address of the tenderer,
1.     When     the decision   is  taken   to  conduct   a    (b) the port of shipment chosen from among Commu­
tendering procedure, the intervention agency or agen­              nity ports accessible for ocean-going ships,
cies entrusted with supplying the goods shall give                 provided that the individual tendering procedure
notice of an invitation to tender indicating in parti­             does not provide for any special limitations. In the
cular :                                                            case of a delivery 'to the port of shipment' only
                                                                   one port may be indicated in a tender ;
— the quantity of goods to be delivered,
                                                              (c) the amount tendered , exclusive of taxes, expressed
— the destination and the delivery stage within the                in the currency of the Member State to whose
     meaning of Annex I ,                                          intervention agency the tender is submitted and to
— the closing date and the address for the receipt of              which     the   tenderer   undertakes  to   make   the
     tenders,                                                      delivery concerned on the terms laid down ; this
 ---pagebreak--- No L 43 / 6                          Official Journal of the European Communities                              15 . 2. 77
     amount shall include insurance costs under Article         of butteroil bought on the Community market, the
     3 and , in the case of butteroil manufactured from         amounts of the tenders made to the United Kingdom
     intervention stocks, the purchase price of the             and Irish intervention agencies shall, after conversion
     butter in accordance with Articles 10 (2) (a) and 21       into units of account, be considered to have been
     (3).                                                       increased by the accession compensatory amount
                                                                which is applicable to the quantities of butteroil
4.      No tender shall be valid unless it further indi­
                                                                concerned in trade between the original Community
cates both the amount tendered referred to in para­             and Denmark and the new Member State concerned .
graph 3 (c) and, according to the circumstances, what
proportion thereof covers :                                    The accession compensatory amount expressed in
(a) the cost of transportation to the port of shipment ;        units of account referred to in the preceding subpara­
                                                               graph shall be calculated on the basis of a fat content
(b) the cost of transportation beyond the port of ship­         in the butteroil of 99-9 % .
     ment .
5.      No tender shall be valid if it contains conditions                              Article 17
and/or reservations which are not expressly autho­
rized .                                                         1.    A   tender  shall   be   refused if  the   amount
                                                                proposed, converted into units of account and, where
6.      No tender shall be valid unless it is accompanied       necessary, adjusted under Article 16 (2), exceeds the
by :                                                            maximum amount referred to in Article 16 ( 1 ).
(a) proof that the tendering security referred to in
     Article 1 5 has been lodged before the final date          2.    Without prejudice to paragraph 1 , the successful
     for submission of tenders ;                                tenderer shall be the one whose tender is the lowest,
                                                                when converted into units of account and, where
(b) an undertaking from the tenderer that he will
                                                                necessary, adjusted under Article 16 (2).
     abide by the conditions of the tendering proce­
     dure ;
                                                                3.    If the tendering procedure is carried out simul­
(c) in the case of a delivery of butteroil , the document       taneously by several intervention agencies and if two
     certifying the approval referred to in Article 9 (3)       or more of them receive tenders for the same amount
     and, where appropriate, the undertakings referred          expressed in units of account which prove to be the
     to in Article 10 (2).                                      most favourable, the intervention agency which is to
                                                                award the tender shall be determined in accordance
7.      Tenders may not be withdrawn .                          with the procedure referred to in Article 16 ( 1 ).
                          Article 15                            Where a single intervention agency has to take into
                                                                account more than one tender for the same amount,
 1.     The tendering security shall amount to :                the award shall be made by the drawing of lots.
(a) five units of account per tonne of skimmed-milk
     powder from intervention stocks ;
                                                                4.    Each tenderer shall immediately be notified by
                                                                the intervention agency of the result of his participa­
(b) 20 units of account per tonne of skimmed-milk               tion in the tendering procedure .
     powder purchased on the Community market ;
(c) 15 units of account per tonne of butteroil                  5.    Rights and obligations arising from the award
     produced from butter from intervention stocks ;            shall not be transferable .
(d) 40 units of account per tonne of butteroil                  6 . The intervention agency shall immediately
     purchased on the Community market.                         notify the Commission of the name and address of
                                                                the successful tenderer.
2.      It shall be provided, at the choice of the
tenderer, either in cash or in the form of a guarantee
from an appropriate institution which satisfies the                                     Article 18
criteria fixed by the Member State in which the secu­
rity is provided .                                               1 . Where it is decided to determine the delivery
                                                                costs by means of a direct award procedure, the inter­
                          Article 16                            vention agency entrusted with the delivery shall
                                                                conclude the relevant contracts on the most favou­
 1.     In the light of the tenders received and in accor­      rable terms as regards costs.
dance with the procedure laid down in Article 30 of
Regulation ( EEC) No 804/68 , a maximum amount                  2.    In these contracts, the delivery costs shall be
shall be fixed in units of account or a decision shall          broken down in accordance with Article 14 (4).
be taken to make no award .
                                                                3 . The intervention agency shall immediately
2.      For the purposes of the decision referred to in         forward to the Commission a copy of the contract(s)
paragraph 1 and for the award , as regards the delivery         under the direct award .
 ---pagebreak---  15 . 2 . 77                          Official Journal of the European Communities                               No L 43 /7
                           TITLE V                                  (a) In the case of a delivery 'to the port of ship­
                                                                         ment :
Special rules, in particular on the use of the
                        control copy                                     — ' Food aid (Regulation (EEC) No . . ./77) to
                                                                             be delivered to the port of         ';
                          Article 19                                     — ' Fødevarehjælp (forordning (EØF) nr. . . ./77)
                                                                             bestemt til levering i havnen i         ';
Where the goods to be delivered neither come from                        — Nahrungsmittelhilfe (Verordnung (EWG)
nor are to be manufactured from products coming                              Nr. . . ./77), zur Lieferung zum Hafen von
from intervention agency stocks, the following condi­                                bestimmt' ;
tions shall apply :                                                      — 'Aide alimentaire (règlement (CEE) n°
1 . The completion of customs export formalities and,                        . . ./77) destinée à être livrée au port
     in    the  case  of vitamin-enriched    skimmed-milk                    de           ;
     powder or butteroil, also the manufacture and pack­                 — Aiuto alimentare (regolamento (CEE) n .
     aging shall take place in the Member State in                           . . ./77) destinato ad essere consegnato nel
     which the tender was submitted or the contract                          porto di         ';
     under the direct award procedure was concluded .                    — 'Voedselhulp (Verordening (EEG) nr.
                                                                             . . ./77), bestemd om te worden geleverd in
2. (a) In the case of a delivery 'to the port of ship­                       de haven van           ';
          ment', where the port of shipment designated
          in the tender or in the contract under the                (b) In the case of a delivery 'to the port of
          direct award procedure is situated in a Member                 unloading' or 'free at destination ' :
          State other than that in which the customs
          export formalities were completed , or                         — ' For export as food aid (Regulation (EEC)
                                                                             No . . ./77)' ;
     (b) in the case of a delivery 'to the port of
          unloading' or 'free at destination ', where the                — ' Bestemt til udførsel som fødevarehjælop
          goods leave the geographical territory of the                     (forordning (EØF) nr. . . ./77)' ;
          Community from a Member State other than                       — 'Als          Nahrungsmittelhilfe    auszuführen
          that in which the customs export formalities                      (Verordnung (EWG) Nr. . . ./77)' ;
          were completed , the goods shall from the time                 — .' Destiné à être exporté au titre de laide
          of completion of the said formalities until the                   alimentaire (règlement (CEE) n° . . ./77)' ;
          termination of the control referred to in Arti­
                                                                         — Destinato ad essere esportato a titolo di
          cles 8 (3) and 1 1 (3), be accompanied by the
                                                                            aiuto alimentare (regolamento (CEE) n .
          control copy provided for in Regulation (EEC)                     . . ./77)' ;
          No 2315/ 69 .
                                                                         — Bestemd om te worden uitgevoerd als voed­
3 . The control copy shall be issued only on produc­                        selhulp (Verordening (EEG) nr. . . ./77)'.
     tion of a certificate from the competent authority
     which issued the certificate referred to, as appro­            Section 106 shall contain the number of the certifi­
     priate, in Article 8 ( 1 ) or in Article 11 ( 1 ). Such        cate referred to in paragraph 3 .
     certificate shall be numbered and shall contain the
     following details :                                        5. As regards the use of the control copy, Articles 8
                                                                    and 14 of Regulation (EEC) No 1687/76 shall
    — a description of the goods in the manner pres­                apply mutatis mutandis.
          cribed for completion of Section 31 of the
          control copy and, where appropriate, any other        6. In the case of deliveries 'to the port of shipment',
          information necessary for the purposes of                 control shall be deemed to have been completed,
          control ,                                                without prejudice to Article 20 ( 1 ), when the
    — the quantity, the type, markings and numbers                 competent customs authority or, when there has
          of the packages,                                         been no control, another appointed authority has
                                                                    received a copy of the take-over certificate referred
    — the gross and net weight of the goods,                        to in Article 4 (2). This copy shall be kept by the
    — a reference to this Regulation .                             authority concerned .
    The certificate shall be kept by the customs office
                                                                                            Article 20
    of departure.
4. Sections 101 , 103, 104 and 106 of the control copy          1.     In the case of a delivery 'to the port of ship­
    shall be completed .                                        ment', the Member State in which the port of ship­
                                                                ment is situated shall take all necessary measures to
    Section 104 shall be completed by deleting as               check whether the goods taken over by the recipient
    appropriate and entering under the second indent            leave the geographical territory of the Community by
    one of the following endorsements :                         that port of shipment .
 ---pagebreak--- No L 43/8                            Official Journal of the European Communities                                15 . 2. 77
2. If the goods are not exported within three                  tation of the supporting documents referred to in para­
months from the day on which the take-over certifi­            graph 1 , annul the obligation of the successful
cate referred to in Article 4 (2) was issued by the recip­     tenderer to pay pursuant to Article 10 (2) (a) the
ient, the Member State concerned shall inform the               purchase price for the butter delivered, up to the
Commission thereof giving any available information            amount indicated in the tender or in the contract
as to the reasons therefor.                                    under the direct award, and shall pay to the successful
                                                                tenderer the difference      between     the two  amounts
                                                               within 15 days from the presentation of the
                                                               supporting documents, if such difference represents a
                           TITLE VI                            credit to the successful tenderer.
    Conditions for the payment and release of
                          securities                                                     Article 22
                                                                1.    At the request of the Commission, if it
                          Article 21                           subsequently designates a port of shipment or
                                                                unloading or a destination other than that originally
1 . The amount agreed with the intervention agency              scheduled, and in agreement with the successful
for the delivery shall be paid only on production of            tenderer, the competent intervention agency may
the following documents :                                       cause the products to be delivered to the new port or
                                                               destination designated .
(a) the original of the take-over certificate referred to
     in Article 4 (2) drawn up by the recipient's agent ;       In such a case the competent intervention agency
(b) if appropriate, the certificate referred to in Article      shall agree with the successful tenderer the reduction
     8 ( 1 ) or 11 ( 1 );                                       or increase in the costs as originally established .
(c) in the case of goods from intervention stocks or           The intervention agency shall immediately notify the
     goods manufactured therefrom , the proof referred          Commission of the new amounts of costs agreed.
     to in Article 12 of Regulation ( EEC) No 1687/76 ;
(d) in the case of goods other than those referred to           2.    If the successful tenderer, for reasons of force
     under (c), the control copy referred to in Article 19      majeure, has to bear exceptional costs which cannot
     (2) to ( 5) or, if the destination has been checked        be covered by insurance, it may receive compensation
     only by the authorities of a single Member State,          therefor on production of supporting documents and
     the documents laid down by that Member State .             with the prior agreement of the Commission .
2.     If, in the case of delivery 'to the port of
unloading' or ' free at destination' of skimmed-milk                                     Article 23
powder or butteroil purchased on the Community
market, owing to circumstances beyond the control of            Except in case of force majeure, the successful
the successful tenderer, the time limit set for delivery        tenderer shall bear any financial consequences for the
has to be extended or if the submission of the take­            Community by reason of non-delivery of the goods to
over certificate referred to in paragraph 1 (a) is              the place and at the time appointed, provided that the
delayed, the competent agency may, on production of             recipient allowed delivery to be effected to such place
the supporting documents referred to in paragraph 1             and at such time .
(b) and (d), make a payment on account.
                                                                Any costs resulting from non-delivery of the goods as
If, in the case of delivery 'to the port of shipment' of        a result of force majeure shall be assumed by the
skimmed-milk powder or butteroil purchased on the               competent agency of the Member State concerned and
Community market, the circumstances referred to in              shall be borne by the Community.
the first subparagraph occur, the competent agency,
with the prior permission of the Commission , may
                                                                                         Article 24
also make a payment on account.
However, such payment on account may not exceed                 1 . Except in case of force majeure, the tendering
90 % of the sum agreed for the delivery and shall               security referred to in Article 15 shall be released only
                                                                where :
only be paid if the successful tenderer lodges a secu­
rity under the terms of Article 15 (2), equal to 10 % of        (a) the tenderer did not withdraw his tender before
the payment on account.                                             the tender was awarded and where :
3.     In the case of delivery of butteroil manufactured            — in the cases referred to in Article 15 ( 1 ) (a) and
from butter from intervention stocks, the competent                     (c), the security for delivery provided for in
authority of the Member State of sale shall , on presen­                Article 7 ( 1 ) or 10 ( 1 ) has been lodged,
 ---pagebreak--- 15 . 2 . 77                           Official Journal of the European Communities                            No L 43 /9
     — in the cases referred to in Article 15 ( 1 ) (b) and      as appropriate, Article 1 1 of Regulation (EEC) No
         (d), the supporting documents referred to in            1687/76 shall apply as in the case of goods from inter­
         Article 21 ( 1 ) have been forwarded to the inter­     vention stocks or goods manufactured therefrom .
         vention agency ;
                                                                 2.     In any other case of force majeure, the interven­
(b) the tender was not accepted .                                tion agency concerned shall take the measures which
2. Except in case of force majeure, the securities for           it considers necessary in the light of the circum­
                                                                stances invoked .
delivery provided for in Articles 7 ( 1 ) and 10 ( 1 ) shall
be released only where the supporting documents
referred to in Article 21 ( 1 ) have been forwarded to                                    TITLE VII
the intervention agency.
                                                                                     Final provisions
3 . In the case of deliveries 'to the port of shipment'
or 'free at destination' of goods from intervention
                                                                                          Article 26
stocks or goods manufactured therefrom , the
supporting document referred to in Article 21 ( 1 ) (a)          No refund or monetary or accession compensatory
may be replaced, for the purpose of the release of the          amount shall be applied to the goods supplied
securities referred to in paragraph 2, by a copy of the          pursuant to this Regulation .
insurance contract referred to in Article 3 containing
the clause provided for in Article 7 (4) or 10 (4), as
                                                                                          Article 27
appropriate .
4. Except in case of force majeure, the security                 1.     Regulations ( EEC) No 1365/74, (EEC) No
provided for in the third subparagraph of Article 21             2121 /74, ( EEC) No 2557/74, ( EEC) No 597/75, ( EEC)
(2) shall be released only on production of the certifi­         No 750/75, ( EEC) No 1221 /75, ( EEC) No 2247/75
cate referred to in Article 21 ( 1 ) (a).                       and (EEC) No 2660 /75 are hereby repealed .
5.     All securities shall be released as soon as the           However, they shall continue to apply to deliveries in
requisite supporting documents have been produced .              respect of which there is provision for their applica­
                                                                 tion in individual Regulations concerning the delivery
6 . Except in case of force majeure, if the necessary            of food aid .
supporting documents are not produced within six
months from the last day of the delivery period , the            2 . The Annex to Regulation ( EEC) No 1687/ 76 is
security concerned shall be forfeited .                          hereby amended in accordance with Annex III hereto .
                           Article 25                                                     Article 28
1 . In case of force majeure occurring during the               This Regulation shall enter into force on 1 April
period of control referred to in Article 8 (3) of 1 1 (3),       1977 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 14 February 1977 .
                                                                            For the Commission
                                                                             Finn GUNDELACH
                                                                                Vice-President
 ---pagebreak--- No L 43 / 10                            Official Journal of the European Communities                                   15 . 2. 77
                                                              ANNEX I
                                         DELIVERY STAGES AND ARRANGEMENTS
               I. Delivery to the port of shipment
                   1 . 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 are deposited at the port of ship­
                       ment designated for the delivery, at the berth indicated by the recipient or his agent. Costs
                       beyond such delivery shall be borne by the recipient in accordance with Article 3 .
                   2. The successful tenderer shall effect delivery on a date within the period fixed therefor. The
                       recipient shall determine the delivery schedule with him .
                   3 . Where the recipient is unable to take delivery of the goods on the date referred to in para­
                       graph 2, his agent shall notify the successful tenderer without delay.
                       In that case, the successful tenderer and the agent of the recipient may agree a new date for
                       the start of the delivery and, if necessary, a new schedule . In any event, the costs resulting
                       from the delay shall , except in case of force majeure, be borne by the recipient.
              II . Delivery to the port of unloading, ship's hold
                   1 . 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 latter's agent actually takes possession of
                       the goods in the ship's hold at the port of unloading.
                       The recipient shall bear all the costs incurred subsequent to delivery, including unloading
                       costs (e.g. breaking bulk, hoisting, reception ) as well as lighterage .
                   2. Any demurrage cost or dispatch money at the port of unloading shall respectively be charged
                       or payable to the recipient .
                       The rates thereof and the rules relating thereto, laid down in the contract between the
                       successful tenderer and the carrier, must be agreed between the successful tenderer and the
                       receiving agent of the recipient .
             III . Delivery to the port of unloading , deposit on quay or on lighter
                   1 . 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 are actually deposited on the quay
                       at the port of unloading or, where appropriate, on the lighter.
                       The recipient shall bear all the costs incurred subsequent to delivery, including reception
                       costs and lighterage .
                   2. Any demurrage costs or dispatch money at the port of unloading shall respectively be charged
                       or payable to the recipient .
                       The rates thereof and the rules thereto, laid down in the contract between the successful
                       tenderers and the carrier, must be agreed between the successful tenderer and the receiving
                       agent of the recipient .
             IV . Delivery ' free at destination '
                   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 actually arrive at the place of destina­
                   tion fixed for the delivery .
                   The recipient shall bear all the costs incurred subsequent to delivery, including reception costs
                   and any transhipment costs .
 ---pagebreak--- 15 . 2. 77                               Official Journal of the European Communities                                 No L 43/ 11
                                                             ANNEX II
           I. Quality requirements for butterou
                 Characteristics of the product : concentrated milk fat with a minimum pure fat content of
                 99-8 % .
                Composition characteristics :
                moisture content and non-milk fat constituents : maximum 0-2 % ,
                fats : minimum 99-8 % ,
                free fatty acids : maximum 0-5 % (oleic acid),
                amount of peroxide/kg : maximum one unit (in milliequivalents of activated oxygen per kg),
                flavour : fresh ,
                smell : absence of smells unconnected with butteroil .
                The use of neutralizing agents is not permitted .
                For certain deliveries, special requirements may be specified .
           II . Packaging of butteroil
                 1 . The butteroil is to be packed in metal canisters completely filled and hermetically sealed in an
                     atmosphere of nitrogen .
                     The metal canisters are to be packed in cartons containing :
                     — either four five-kilogramm canisters, or
                     — one 20-kilogram canister.
                     The complete packaging should be strong enough to withstand a long sea journey and trans­
                     portation by land in a tropical climate .
                Closed cartons, as prepared for delivery, containing either one 20-kilogram metal canister or four
                five-kilogram canisters 95»% full of water, must be able to resist :
                     (a) three falls from a height of one metre on three different edges relating to different axes ;
                          this test, for which five complete packages are to be used, must be effected in accordance
                          with ISO standard No 2248 . After the tests :
                         — the metal canisters may be crushed out of shape but no leakage must occur after elimi­
                              nation of the vacuum ;
                         — the cartons may be damaged and show small tears in the seams and sealed flaps but
                              seams must not be completely torn and flaps must not have come unstuck or be torn
                              off ;
                         — the damage must not be such as to endanger the safe transport of the canister(s) in the
                              carton ;
                     (b) a compression test in accordance with ISO standards No 2872 and No 2874. For this test,
                         each complete packaging is placed separately, in the normal transportation position ,
                         between the plates of the press ;
                          During the test, the relative speed of the plates is 10 mm /minute. After application of a
                         pressure of 3 500 kg/m : over the base area, the entire packaging (metal canisters and
                         carton) may get slightly out of shape but must keep its entirety. Five complete packagings
                         must be tested .
                         Before the tests the complete, filled packagings are subjected to the following treatment in
                         accordance with ISO standard No 2233 : storage for 48 hours at 25 °C with a relative
                         humidity of 90 % .
                2 . The conformity of the packaging with the standards defined above must have been verified by
                     a testing agency approved by the Member State concerned, which shall issue the appropriate
                     certificate and test report together with a description of the technical characteristics of the
                     packaging material .
                     The certificate provided for above shall only be valid for a period of six months. Before the
                     expiry thereof the type of packaging used must undergo a new verification , and a new certifi­
                     cate valid for six months must be issued .
 ---pagebreak--- No L 43/ 12                      Official Journal of the European Communities                              15 . 2. 77
            3 . Markings on the packaging
                The metal canister shall have stamped upon it the following information in the language or
                languages specified in the notice of invitation to tender :
                (a) the description : ' Butteroil ' ;
                (b) the words : 'Gift of the European Economic Community' (to be completed as appropriate
                     for each individual delivery) ;
                (c) the net weight ;
                (d) the month and year of manufacture ;
                (e) the processing undertaking — in code .
                In addition to the above, the following must be marked on both sides of each carton : the
                manufacturer's lot number and the number of cartons making up the lot.
 ---pagebreak--- 15 . 2. 77                            Official Journal of the European Communities                                          No L 43/ 13
                                                                ANNEX III
                         AMENDMENTS TO THE ANNEX TO REGULATION ( EEC) No 1687 / 76
           1 . In I. Products to be exported in the same state as that in which they were when removed from
               intervention stock' add after paragraph 9 the following paragraph 10 and the footnote ( l0) :
               ' 10 . Commission Regulation (EEC) No 303 /77 of 14 February 1977 on general rules for the
                        supply of skimmed-milk powder and butteroil as food aid ( ,0).
               (' 0) OJ No L 43, 15. 2. 1977, p. 1 .'.
           2. In ' II . Products subject to a use and/or destination other than that mentioned under I'.
               A. delete paragraph 8 and the corresponding footnote ; these provisions shall, however, continue
                     to apply to deliveries for which there is provision in individual Regulations for the application
                     of Regulation ( EEC) No 2247/75 ,
               B. add after paragraph 13 the following paragraph 14 and the corresponding footnote (5) :
                     ' 14. Commission Regulation (EEC) No 303/77 of 14 February 1977 on general rules for the
                           supply of skimmed-milk powder and butteroil as food aid (5 ) :
                           (a) on the release of butter for processing into butteroil :
                               — Section 104 : 'for processing and subsequent delivery as food aid (Regulation
                                                 (EEC) No . . ./77)',
                                                 'til forarbejdning og efterfølgende levering som fødevarehjælp
                                                 (forordning (EØF) nr. . . ./77)' ;
                                                   zur Verarbeitung und anschließenden Lieferung im Rahmen der
                                                  Nahrungsmittelhilfe (Verordnung (EWG ) Nr. . . ./77)',
                                                 ' destiné à la transformation et à livraison ultérieure au titre de 1 aide
                                                  alimentaire (règlement (CEE) n" . . ./77)',
                                                 ' destinato alla trasformazione e successivamente alla fornitura a
                                                  titolo di aiuto alimentare (regolamento (CEE) n . . . ./77)',
                                                   bestemd om te worden verwerkt en vervolgens als voedselhulp te
                                                 worden geleverd (Verordening (EEG) nr. . . ./77)' ;
                           (b) on the dispatch of butteroil 'to the port of unloading' or ' free at destination :
                               — Section 104 : ' For export as food aid (Regulation ( EEC) No .../77)',
                                                   Bestemt til udførsel som fødevarehjælp ( forordning ( EØF)
                                                  nr. .../77)',
                                                 'Als Nahrungsmittelhilfe         auszuführen       (Verordnung     (EWG)
                                                  Nr. . . ./77)',
                                                 ' Destine à être exporté au titre de laide alimentaire (règlement
                                                 (CEE) n<> . . ./77)',
                                                   Destinato ad essere esportato a titolo di aiuto alimentare ( regola­
                                                 mento (CEE) n . . . ./77)',
                                                 ' Bestemd om te worden uitgevoerd als voedselhulp (Verordening
                                                 (EEG) nr. . . ./77)' ;
                               — Section 106 : The weight of butter used to produce the quantity of butteroil indi­
                                                 cated in Section 103 .
                           (c) on the dispatch of skimmed-milk powder or butteroil 'to the port of shipment' :
                               — Section 104 : ' Food aid ( Regulation ( EEC) No .../ 77) to be delivered to the port
                                                 of         ',
                                                ' Fødevarehjælp ( forordning ( EØF ) nr. . . ./ 77), bestemt til levering i
                                                 havnen i         ',
                                                ' Nahrungsmittelhilfe (Verordnung ( EWG ) Nr, . . ./ 77), zur Lieferung
                                                 zum Hafen von            bestimmt ',
 ---pagebreak--- No L 43 / 14          Official Journal of the European Communities                                      15 . 2 . 77
                               'Aide alimentaire (règlement (CEE) n° . . ./77) destinée a être livrée
                               au port de
                               'Aiuto alimentare (regolamento (CEE) n . . . ./ 77), destinato ad essere
                                consegnato nel porto di        ',
                               'Voedselhulp (Verordening ( EEG) nr. . . ./ 77), bestemd om te worden
                               geleverd in de haven van           '.
              — Section 106 : Where appropriate the weight of butter used to produce the quan­
                                tity of butteroil indicated in Section 103 .
             (5 ) OJ No L 43 , 15 . 2 . 1977, p. 1 .