CELEX: 31975R2597
Language: en
Date: 1975-10-09 00:00:00
Title: Regulation (EEC) No 2597/75 of the Commission of 9 October 1975 concerning an invitation to tender for the costs of manufacture and delivery of butteroil as food aid to UNRWA

14. 10 . 75                                Official Journal of the European Communities                            No L 265/5
                              REGULATION (EEC) No 2597/75 OF THE COMMISSION
                                                         of 9 October 1975
              concerning an invitation to tender for the costs of manufacture and delivery of
                                                 butteroil as food aid to UNRWA
THE COMMISSION OF THE EUROPEAN                                        HAS ADOPTED THIS REGULATION :
COMMUNITIES,
                                                                                               Article 1
Having regard to the Treaty establishing the European
                                                                      1.      Tenders shall be invited in accordance with the
Economic Community ;
                                                                      provisions of this Regulation for the supply to
                                                                      UNRWA of 3 000 metric tons of butteroil produced
                                                                      from butter bought in under Article 6 ( 1 ) of Regula­
Having regard to Council Regulation (EEC) No                          tion (EEC) No 804/68 .
804/68 (') of 27 June 1968 on the common organiza­
tion of the market in milk and milk products, as last                 2.      Delivery shall be made cif, following Article 1 1
amended by Regulation (EEC) No 740/75 (2), and in                    ( 1 ) (2). The butteroil shall be divided into seven lots :
particular Articles 6 (7) and 28 thereof ;
                                                                     — lot A : 450 metric tpns, for delivery port of Beirut
                                                                           ( Lebanon),
Whereas Council Regulation (EEC) No 1 542/75 (3) of                   — lot B : 450 metric tons, for delivery port of Beirut
16 June 1975 on the supply of milk fats, under the                         (Lebanon),
1975 food-aid programme, to certain developing coun­                  — lot C : 450 metric tons, for delivery port of Beirut
tries and to certain international organizations,
                                                                           (Lebanon),
provides for 3 000 metric tons of butteroil obtained
from buffer held by intervention agencies to be made                  — lot D : 450 metric tons, for delivery port of Beirut
available to the United Nations Relief and Works                           (Lebanon),
Agency,     hereinafter       called     'UNRWA' ;       whereas      — lot E : 400 metric tons, port of Ashdod (Israel),
UNRWA has requested delivery of that butteroil ;
                                                                      — lot F : 400 metric tons, port of Ashdod (Israel),
                                                                      — lot G : 400 metric tons, port of Ashdod (Israel),
Whereas under Article 5 of Council Regulation (EEC)
No 1541 /75 (4) of 16 June 1975 laying down general                   3.      Loading shall take place by 20 December 1975
                                                                      at the latest .
rules for the supply of milk fats, under the 1975 food­
aid programme to certain developing countries and to
certain international organizations, such supplies are
                                                                                               Article 2
to be put out to tender ;
                                                                       1 . The invitation to tender provided for in Article 1
                                                                      shall be organized by the German intervention
Whereas the procedure to be adopted for this purpose                  agency, as regards Lots A to D, and by the Dutch
should in the main be taken over from that esta­
                                                                      intervention agency as regards lots E to G.
blished by Commission Regulation (EEC) No
2247/75 (5) of 29 August 1975 on the terms of invita­                 These intervention agencies shall draw up the notice
tions to tender for the costs of manufacture and
                                                                      of invitation to tender, which shall be published in
delivery of butteroil , under the food-aid programme to
                                                                      the Official Journal of the European Communities
certain developing countries and to the World Food                    not less than 10 days before the closing date for the
Programme ;                                                           submission of tenders .
                                                                      2.      The closing date for the submission of tenders
Whereas the measures provided tor in this Regulation                  shall be 28 October 1975 at 12 noon .
are in accordance with the Opinion of the Manage­
ment Committee for Milk and Milk Products,                            3.      The intervention agencies concerned shall indi­
                                                                      cate in their notice the coldstores where the butter for
  ') OJ No  L 148 , 28 . 6 . 1968 , p. 13 .                           the manufacture of the butteroil is held and shall take
 -') OJ No  L 74, 22 . .i . 1975, p. 1 .                              the measures necessary to enable prospective tenderers
 3)  OJ No  L 157 , 19 . 6 . 1975 , p. 6 .
 4)  OJ No  L 157, 19 . 6 . 1975 , p. 4.                              to examine at their own expense, before submitting a
 ')  0| No  L 229 , .«). 8 . 1975 , p. 60 .                           tender, samples of the butter.
 ---pagebreak--- No L 265/ 6                           Official Journal of the European Communities                              14 . 10 . 75
                           Article 3                                                      Article 5
The invitation to tender shall be open only to                   1 . The security required for the invitation to tender
processing undertakings approved for this purpose by            shall be 15 units of account per metric ton of butter­
the Member State on whose territory the processing is           oil .
to take place . Only those undertakings which can
fulfil the obligations provided for in this Regulation           2.    It shall take the form , at the option of the inter­
may be approved .                                               vention agency concerned, either of a cheque made
                                                                out in favour of the intervention agency, or of a bank
                                                                guarantee which satisfies the criteria laid down by the
                           Article 4                            Member State in question .
1 . Tenders, which shall be in writing, shall be
submitted either by delivery by hand to the interven­                                     Article 6
tion agency concerned against acknowledgement of
receipt or by registered letter or telex addressed to the        1 . Delivery costs shall be the costs incurred up to
intervention agency.                                             the time when the goods are deposited on the quay­
                                                                 side or on board lighters, if used, all costs subsequent
2.     No tender may relate to more than one lot.                to delivery, including costs of taking delivery, to be
                                                                 borne by the recipient.
3.     The tender shall indicate :
                                                                 2. Any demurrage costs at the port of unloading in
(a) the name and address of the tenderer ;                       respect of delays attributable to the receipient shall be
                                                                 chargeable to the latter. The rates and other details
(b) the amount, for which the tenderer undertakes to
                                                                 concerning such costs shall be laid down in the
     deliver the butteroil cif port of Beirut or Ashdod          contract   between    the  successful  tenderer and      the
     as the case may be, expressed in the currency of
     the Member State in the location of the invitation
                                                                 carrier and must have been previously agreed upon
                                                                 between the former acting as agent of the Community
     to tender. This amount shall include the purchase
                                                                 and the delivery agent of the recipient.
     price of the butter on the terms laid down in
     Article 10 ( 1 ), the costs of transporting the butter,
     of processing, packing and delivering the butteroil
     on the terms laid down in Article 6 and the cost                                      Article 7
     of insuring the goods to their full value ;
(c) the coldstore or coldstores chosen from the list of           1 . The intervention agency concerned shall take all
     such stores assigned to each lot, at which the              measures necessary to ensure that the successful
     tenderer wishes to take delivery of the butter ;            tenderer can take delivery of the butter necessary for
                                                                 processing into butteroil from the coldstore indicated
(d) the port of embarkation, which may be any                    in his tender.
     Community port.
                                                                 2.    Immediately on leaving the coldstore the butter
4.     A tender shall be valid only if it relates to an
entire lot .
                                                                 shall be placed under customs control or under an
                                                                 administrative control offering equivalent safeguards.
5.     A tender shall not be valid unless accompanied
                                                                 3.    Butteroil delivered for the supply in question
by :                                                             must be manufactured exclusively from butter of
                                                                 which delivery was taken for this purpose by the
(a) a document certifying the approval referred to in
     Article 3 ;
                                                                 successful tenderer from the intervention agency in
                                                                 question .
(b) an undertaking from the tenderer that he will
     fulfil the obligations laid down in Articles 7 (3)
     and 1 1 ;
                                                                                           Article 8
(c) a declaration whereby the tenderer agrees to forgo
     any claim as to the quality or characteristics of any
     butter sold to him ;
                                                                 In the light of the tenders received and in accordance
                                                                 with the procedure laid down in Article 30 of Regula­
(d) proof that before expiry of the period set for the           tion (EEC) No 804/ 68 , a maximum amount, expressed
     submission of tenders the security referred to in           in units of account, shall be fixed or alternatively a
     Article 5 has been lodged .                                 decision shall be taken to make no award .
 ---pagebreak--- 14 . 10 . 75                          Official Journal of the European Communities                              No L 265/7
                          Article 9                              1 . At the time of the manufacture and packing of the
                                                                      butteroil, the competent agency of the Member
1.     A   tender   shall  be    refused   if  the  amount            State shall carry out checks to ensure that :
proposed, converted into units of account, is more
than the maximum amount fixed for the lot in ques­                    — the quality and packing conform to Article 6
tion .                                                                    (b) of Regulation (EEC) No 1541 /75,
                                                                      — the requirements of Article 7 (3) of this Regula­
2.     Without prejudice to the provisions of paragraph                   tion are complied with .
1 , the successful tenderer shall for each lot be the one
making the lowest offer. Where two or more valid                 2. If     on    concluding   these      checks the  agency
offers specify amounts which when converted into                      concerned finds that the relevant conditions have
units of account are identical , the award shall be made              been fulfilled , it shall issue to the successful
by drawing lots .                                                     tenderer a certificate to this effect.
3.     Each tenderer shall be immediately notified by
the intervention agency of the result of his participa­                                    Article 13
tion in the invitation to tender.
The intervention agency concerned shall immediately              If the butteroil is processed in and/or leaves the
inform the Commission of the name of the successful              geographical territory of the Community from a
tenderer.                                                        Member State other than that of sale, proof that
                                                                 processing has been carried out in accordance with
4.     Rights and obligations arising in connection              the conditions referred to in subparagraph ( 1 ) of
with the invitation to tender shall not be transferable .        Article 12 and/or that the butteroil has left the geogra­
                                                                 phical territory of the Community shall be furnished
                                                                 by production of the control copy provided for in
                          Article 10
                                                                 Article 1 of Commission Regulation (EEC) No
                                                                 2315/69 (') of 19 November 1969 concerning the use
                                                                 of Community transit documents for the purpose of
 1 . The purchase price of the butter shall be 210               applying Community measures for verifying the use
units of account per 100 kg ex coldstore.                        and/or destination of goods, as last amended by Regu­
                                                                 lation (EEC) No 690/73 (2).
2.     Subject to the provisions of Article 14 the
successful tenderer shall pay for the butter of which
he takes delivery within 45 days following the final             Sections 101 , 103 and 104 in the control copy shall be
                                                                 completed . Section 104 shall- be completed by dele­
date fixed in Article 1 (3) for loading.
                                                                 ting as necessary and entering against the second
                                                                 indent one of the following endorsements :
                          Article 11
                                                                  1 . If the Butter is to be processed in a Member State
                                                                      other than that of sale :
 1.    Every successful tenderer shall, by the relevant
date as specified in Article 1 (3), deliver cif Beirut or             ' Beurre destine :
Ashdod as the case may be the prescribed quantity of
butteroil meeting the requirements as to quality, pack­               (a) a etre transforme en butteroil ;
aging and labelling laid down in the Annex to this
 Regulation .                                                         (b) puis à être exporté au titre de 1 aide alimentaire
                                                                           (règlement (CEE) n0 1541 /75)'.
The goods shall be regarded as delivered cif when
                                                                        Butter bestimmt :
 they are deposited on the quayside in the port of
 unloading or on board lighters, if used .
                                                                      (a) zur Verarbeitung zu butteroil ;
 2.    Every successful tenderer shall submit to any                  (b) alsdann zur Ausfuhr als Nahrungsmittelhilfe
 quantitative control carried out by UNRWA. He shall                       (Verordnung ( EWG) Nr. 1541 / 75)'
 for this purpose furnish a list of the lots constituting
 each supply.                                                         ' Burro destinato :
                                                                      (a) ad essere trasformato in butteroil ;
                          Article 12
                                                                      (b) ad essere esportato a titolo di aiuto alimentare
                                                                           (Regolamento (CEE) n . 1541 /75)'
 Where the processing of the butter into butteroil takes
 place in the Member State of sale, the following provi­         (■) OJ No L 295, 24 . II . 1969 , p . 14 .
 sions shall apply :                                              (2) OJ No L 66, 13 . 3 . 1973, p . 23 .
 ---pagebreak--- No L 265/8                         Official Journal of the European Communities                              14. 10 . 75
     Boter bestemd :                                             ' Butteroil to be exported as food aid (Regulation
                                                                 (EEC) No 1541 /75)'
   (a) om te worden verwerkt tot butteroil ;
   (b) om nadien te worden uitgevoerd als voedsel­               ' Butteroil bestemt til eksport som fødevarehjælp
        hulp (Verordening (EEG) nr. 1541 /75)'                   (forordning (EØF) nr. 1541 /75)'.
     Butter to be :                                          The customs office which verified delivery shall
                                                             endorse the control copy and return it to the office of
   (a) processed into butteroil , and subsequently ;         departure in the Member State of sale .
   (b) exported as food aid (Regulation (EEC) No
        1541 /75)'
                                                                                       Article 14
   'Sm0r bestemt til :
   (a) fremstilling af butteroil ;                            1.     Upon presentation :
   (b) herefter til eksport som fødevarehjælp                — of the documents referred to in subparagraph (2)
       (forordning (EØF) nr. 1541 /75)'.                           of Article 12 and in Article 15 and of a customs
   Where verification     that the butteroil   has been
                                                                   document establishing that the butteroil has left
                                                                   the geographical territory of the Community
   exported as specified in (b) is to take place in a              where the butteroil has been processed in or left
   Member State other than that where processing as
                                                                   the geographical territory of the Community from
   specified in (a) takes place, the customs office                the Member State of sale ,
   which verifies such processing shall return the
   control copy to the customs office of departure ,         — of the document referred to in subparagraph ( 1 ) of
   indicating that it has only verified that the goods             Article 13 and in Article 15, where processing has
   have been processed as specified in (a), and shall              taken place in a Member State other than that of
   issue to the person concerned for the butteroil so              sale,
   obtained one or more control copies as referred to        — of the documents referred to ih subparagraph (2)
   in Article 1 of Regulation (EEC) No 2315/69, with               of Article 12, in subparagraph (2) of Article 13 and
   sections 101 , 103 , 104 and 106 completed ; in                 in Article 15, where processing has taken place in
   section 103 there shall be entered the net weight of            the Member State of sale and the butteroil has left
   the butteroil after processing in accordance with               the geographical territory of the Community from
   (a); section 104 shall contain one of the endorse­              another Member State,
   ments set out at point 2 below ; in section 106
   there shall be entered :
                                                              the competent agency of the Member State of sale
   — the number of the control copy from the                  shall release each successful tenderer from his obliga­
        customs office of departure and the name of           tion to pay the purchase price of the butter supplied
        that office ,                                         to him , provided that the amount in respect of which
   — the weight of the butter used to produce the             such release is given does not exceed that for which
        quantity of butteroil entered in section 103 .        the tenderer undertook to supply the butteroil, and
                                                              shall within 1 5 days reckoned from the day on which
   The customs office which verifies that delivery as         the abovementioned supporting documents are
   specified in (b) has taken place shall endorse the         produced pay to him an amount equal to the differ­
   control copy from the office which verified that           ence , where this is in favour of the tenderer, between
                                                              the aforesaid two amounts .
   the goods had been processed as specified in (a)
   and shall return this copy via this latter office to
   the office of departure in the Member State of sale .      2.     Furthermore, the competent agency of the
                                                              Member State of sale shall , within a period not
2. If the butter is processed into butteroil in the           exceeding 60 days, pay to UNRWA a lump-sum
   Member State of sale and is to leave the geogra­           contribution towards the cost of transporting the
   phical territory of the Community from another            goods from the ports of destination and of distribution
   Member State :                                             of 20 units of account per metric ton of butteroil deliv­
                                                              ered .
   ' Butteroil destiné à être exporté au titre d aide
   alimentaire ( règlement (CEE) n 0 1541 / 75)'
   'Als Nahrungsmittelhilfe auszuführendes butteroil                                   Article /5
   (Verordnung ( EWG) Nr. 1541 /75)'
   ' Butteroil destinato ad essere esportato a titolo di      On delivery in accordance with Article 11 , UNRWA
   aiuto alimentare (Regolamento (CEE) n . 1541 /75)'         shall issue a certificate declaring that the lot
     Butteroil bestemd om te worden uitgevoerd als            concerned has been delivered within the period pres­
   voedselhulp (Verordening ( EEG) nr. 1541 /75)'             cribed .
 ---pagebreak--- 14 . 10 . 75                       Official Journal of the European Communities                         No L 265/9
                        Article 16                                under the first, second or third indent as the case
                                                                  may be of Article 14 ( 1 );
Except in cases of force majeure every successful
tenderer shall • accept all financial liability devolving    2. Release of the security shall take place immedi­
upon the Community by reason of failure to deliver           ately.
the butteroil at the place and by the time appointed,
provided always that UNRWA has made it possible                                      Article 18
for the butteroil to be so delivered. Costs incurred by       In cases of force majeure the intervention agency
reason of failure to deliver the butteroil as a result of
                                                              selling the butter shall decide on the measures to be
force majeure shall be borne by the competent agency          taken having regard to the circumstances invoked.
of the Member State of sale and by the Community.
                                                                                     Article 19
                        Article 17
                                                              No refund or compensatory amount (whether mone­
 1 . Except in cases of force majeure, the security           tary or accession) shall be applied in respect of the
required under Article 5 shall be released only in the        butter or butteroil to which this Regulation applies.
following circumstances :
                                                                                      Article 20
(a) if the tender has been refused ;
(b) if the tenderer has not withdrawn his tender             This Regulation shall enter into force on the third day
     before the contract is awarded and has produced to       following its publication in the Official Journal of
     the intervention agency the. documents required          the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 9 October 1975 .
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                    Member of the Commission
 ---pagebreak--- No L 265/ 10                         Official Journal of the European Communities                                  14 . 10 . 75
                                                            ANNEX
            I. Quality requirements for butteroil
                Characteristics : concentrated milk fat with a minimum pure fat content of 99-8 % .
                Compositional characteristics : moisture content and non-milk fat constituents : maximum
                0-2 % .
                Fats : minimum 99-8 % .
                Free fatty acids : maximum 0-5 % (oleic acid).
                Peroxide/kg : maximum 1 unit (in milliequivalents of oxygen per kg).
                Flavour : fresh .
                Smell : no foreign odours.
           II . Packaging of butteroil
                1 . The butteroil is to be packed in bunged metal drums coated inside with an alimentary varnish,
                    of 190 kg 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 leak-tight.
                2. A label to be affixed to each drum must bear the following particulars :
                    (a) the description 'butteroil',
                    (b) the words :
                         — 'Don de la Communauté économique européenne ;
                         — 'Action Office de secours et de travaux des Nations Unies pour les réfugiés de Pales­
                         tine',
                    (c)  net weight,
                    (d)  month and year of manufacture,
                    (e) name of the processing undertaking — in the form of a code number,
                    (f) the manufacturer's lot number,
                    (g)  the port of destination .