CELEX: 31982R1098
Language: en
Date: 1982-05-07 00:00:00
Title: Commission Regulation (EEC) No 1098/82 of 7 May 1982 on the delivery of various consignments of butteroil as food aid to India

11 . 5 . 82                                 Official Journal of the European Communities                              No L 129 / 1
                                                                     I
                                                  (Acts whose publication is obligatory)
                                            COMMISSION REGULATION (EEC) No 1098/82
                                                              of 7 May 1982
                                   on the delivery of various consignments of butteroil as food aid to India
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                             intervention agencies to establish the costs arising
                                                                         therefrom should be laid down;
 Having regard to the Treaty establishing the European
 Economic Community,                                                     Whereas Article 2 (2) of Regulation (EEC) No 1039/82
                                                                        specifies that, provided the normal development of
                                                                        prices on the market is not disturbed, the supply of
                                                                        butter and butteroil as food aid shall be ensured in the
 Having regard to Council Regulation (EEC) No 804/68                    form of butter or butterfats bought on the Community
 of 27 June 1968 on the common organization of the                      market if the situation on the market does not allow
 market in milk and milk products (*), as last amended                  supply from public stocks; whereas, since the latter
 by the Act of Accession of Greece, and in particular                   condition has been fulfilled and the quantities involved
 Article 6 (7) thereof,                                                 are not so large as to disturb the normal development of
                                                                        prices on the market, purchases should be made on the
                                                                        open market to secure the necessary supplies;
 Having regard to Council Regulation (EEC) No 1039/
 82 of 26 April 1982 laying down general rules for the
 supply of milk fats to certain developing countries and                Whereas the size of the food-aid programme calls for a
 specialized bodies under the 1982 food-aid                             discontinuous series of deliveries and the time normally
programme (2), and in particular Article 7 thereof,                     needed to carry out a delivery is several months;
                                                                        whereas the Commission will probably have cause
                                                                        during the 1981 /82 milk year to fix maximum amounts
 Whereas, under the food-aid programmes adopted by                      for deliveries due to be made during the 1982/83 milk
 the Council Regulations specified in the Annex, India                  year ;
 has requested delivery of the quantity of butteroil set
 out therein;
                                                                        Whereas, given the foregoing and the close link between
                                                                        the market price of butter and skimmed-milk powder
Whereas, therefore, delivery should be effected in                      on the one hand and the intervention prices for these
accordance with the rules laid down in Commission                       products on the other, it is likely that potential suppliers
                                                                        will hold back until the Council's decisions on common
Regulation (EEC) No 303 /77 of 14 February 1977
laying down general rules for the supply of                             agricultural prices and agri-monetary measures are
skimmed-milk powder and butteroil as food aid (3 ), as                  known; whereas past experience has shown that, in
last amended by Regulation (EEC) No 3474/80 (4);                        such a situation of uncertainty, several potential
whereas, in particular, the periods and terms for                       suppliers prefer not to submit tenders or submit them
delivery and the procedure to be followed by the                        on the basis of inaccurate or differing forecasts, hence
                                                                        taking the risk that their tender will either not be
                                                                        accepted or involve them in serious losses leading them
(»)  OJ  No  L 148 , 28 . 6. 1968 , p. 13 .                             to withdraw later from a transaction in which they have
(2)  OJ  No  L 120, 1 . 5 . 1982, p . 5 .                               been named as successful tenderer or contracting party
(3 ) OJ  No  L 43 , 15 . 2 . 1977, p. 1 .                               by mutual agreement; whereas, in order to encourage
(4)  OJ  No  L 363 , 31 . 12 . 1980, p. 50.                             tenders and to ensure that they are not based on
 ---pagebreak--- No L 129 / 2                           Official Journal of the European Communities                                11 . 5 . 82
theoretical considerations making them impossible to              Annex shall arrange for the delivery of butteroil as food
assess objectively, it is necessary to allow for an increase      aid on the terms specified therein.
at the time of payment in the price of successful tenders
for deliveries to be made during the 1982/83 milk year,           In the case of supplies of butteroil made from butter or
the increase being based on the change in the                     cream bought on the Community market and for which
intervention price, expressed in national currency, as            the delivery date referred to in item 9 of the Annex falls
decided by the Council for the 1982/83 milk year;                 after the end of the 1981 /82 milk year, the sum paid on
                                                                  tenders resulting from application of the procedure
Whereas the measures provided for in this Regulation              referred to in item 12 of the Annex shall be increased at
are in accordance with the opinion of the Management              the time of payment to reflect a multiplication of the
Committee for Milk and Milk Products,                             intervention price of butter, as expressed in the currency
                                                                  of the Member State in which the tender was submitted,
                                                                  by a factor of 1-22 in consequence of the Council's
                                                                  decisions on common agricultural prices and agri­
HAS ADOPTED THIS REGULATION:
                                                                  monetary measures for the 1982/83 milk year.
                                                                                           Article 2
                           Article 1
                                                                  This Regulation shall enter into force on the third day
In accordance with the provisions of Regulation (EEC)             following its publication in the Official Journal of the
No 303 /77, the intervention agencies listed in the               European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member States.
              Done at Brussels, 7 May 1982 .
                                                                                    For the Commission
                                                                                      Poul DALSAGER
                                                                                Member of the Commission
 ---pagebreak--- 11 . 5 . 82                                Official Journal of the European Communities                                              No L 129 / 3
                                                                ANNEX ')
                 Consignment                          A                                       B                                  C
 1.  Application of Council Regu­
     lations :
     ( a ) legal basis                                                   ( EEC ) No 1039 / 82 ( 1982 programme )
     ( b ) affectation                                                              ( EEC ) No 1040 / 82
     Beneficiary
                                        }
 2.
                                                                                            India
 3.  Country of destination
 4.  Total quantity of the con­                   500 tonnes                              250 tonnes                          250 tonnes
     signment
 5.  Intervention agency responsible                      Will result from  application of the procedure referred to in point 12
     for delivery
 6.  Origin of the butteroil                           To manufacture from butter or cream bought on the Community market
 7.  Special characteristics and / or
     packaging ( 2 )
                                                      (4)                               In 20 kg tins            |           In 5 kg tins
                                                                              coated internally with food-can varnish or having undergone
                                                                                              treatment giving equivalent guarantees
 8.  Markings on the packaging          'Butteroil / Supplied to the Indian Dairy Corporation under the food-aid programme of the European
                                                                            Economic Community / Bombay'
 9.   Delivery period                                                              Loading in June 1982
10 .  Stage and place of delivery                 Community port of loading operating a regular service with the recipient country ( 5 )
11 .  Representative of the beneficiary                                                       —
     responsible for reception ( 3 )
12 . Procedure to be applied to                                                            Tender
     determine the costs of supply
13 ·  Expiry of the time limit for                                               12 noon on 24 May 1982
     submission of tenders
 ---pagebreak--- No L 129 / 4                            Official Journal of the European Communities                                          11 . 5 . 82
                 Consignment                                      D                                              E
 1.  Application of Council Regu­
     lations :
     ( a ) legal basis                                                 ( EEC ) No 1039 / 82 ( 1982 programme)
     ( b ) affectation                                                           ( EEC ) No 1040 / 82
 2.  Beneficiary
 3.  Country of destination
                                            ^j·                                          India
 4.  Total quantity of the con­                              500 tonnes                                       500 tonnes
     signment
 5.  Intervention agency responsible                    Will result from application of the procedure referred to in point 12
     for delivery
 6.   Origin of the butteroil                        To manufacture from butter or cream bought on the Community market
 7.  Special characteristics and / or                        In 5 kg tins                                    In 20 kg tins
     packaging ( 2 )
                                             coated internally with food-can varnish or having undergone treatment giving equivalent
                                                                                      guarantees
 8.   Markings on the packaging              'Butteroil / Supplied to the Indian Dairy Corporation under the food-aid programme of the
                                                                     European Economic Community / Bombay'
 9.   Delivery period                                                            Loading in July 1982
10 .  Stage and place of delivery               Community port of loading operating a regular service with the recipient country ( 5 )
11 .  Representative of the beneficiary
      responsible for reception ( 3 )
12 .  Procedure to be applied to                                                         Tender
      determine the costs of supply
13 .  Expiry of the time limit for                                             12 noon on 24 May 1982
      submission of tenders
 ---pagebreak--- 11 . 5 . 82                                Official Journal of the European Communities                                           No L 129 / 5
                  Consignment                       F                           G                           H                       I
 1.   Application of Council Regu­
      lations :
      (a ) legal basis                                                    (EEC ) No 1039 / 82 ( 1982 programme )
      ( b ) affectation                                                             ( EEC ) No 1040 / 82
 2.   Beneficiary
 3.   Country of destination
                                        }                                                  India
 4.   Total quantity of the con­              250 tonnes                   250 tonnes                  300 tonnes                200 tonnes
      signment
 5.   Intervention agency responsible                    Will result from application of the procedure referred to in point 12
      for delivery
 6.   Origin of the butteroil                          To manufacture from butter or cream bought on the Community market
 7.   Special characteristics and / or
      packaging ( 2 )
                                                   (4)                                   In 5 kg tins                     |     in 20 kg tins
                                                                        coated internally with food-can varnish or having undergone treatment
                                                                                               giving equivalent guarantees
 8.   Markings on the packaging         'Butteroil / Supplied to the Indian Dairy Corporation under the food-aid programme of the European
                                                                           Economic Community / Calcutta'
 9.    Delivery period                                 Loading in June 1982                                    Loading in July 1982
10 .   Stage and place of delivery                Community port of loading operating a regular service with the recipient country ( 5 )
11 .  Representative of the beneficiary                                                      —
      responsible for reception ( J )
12 .  Procedure to be applied to                                                          Tender
      determine the costs of supply
13 .   Expiry of the time limit for                                            12 noon on 24 May 1982
       submission of tenders
 ---pagebreak--- No L 129 / 6                             Official Journal of the European Communities                                        11 . 5 . 82
             Notes:
             (*) This Annex, together with the notice published in Official Journal No C 95 of 19 April 1977,
                  page 7, takes the place of an invitation to tender from the intervention agencies concerned in cases
                  where, under point 12, there must be a tendering procedure. Payment will be effected taking into
                  account the possible increase foreseen in Article 1 of the present Regulation.
             (2) Other than those set out in the Annex to Regulation (EEC) No 625/78 ; see Article 6 (2) of
                  Regulation (EEC) No 303 /77.
             (3 ) Only in the case of delivery ' to the port of unloading ' and 'free at destination'; see Article 5 and the
                  last indent of Article 13 ( 1 ) of Regulation (EEC) No 303 /77.
             (4 ) In new bunged metal drums, coated inside with food-can varnish or having been subject to a
                  procedure giving equivalent guarantees, of 1 90 to 200 kg (to be indicated in the tender) net weight,
                  fully filled and hermetically sealed in an atmosphere of nitrogen. The drums should be strong
                  enough to withstand a long sea journey. Their composition must not be such as to be harmful to
                  human health or to cause a change in the colour, taste or odour of their contents. Each drum must
                  be fully leakproof.
             (5) Delivery fob shall be deemed to have taken place and the risks shall pass from the successful tenderer
                  to the recipient at the moment when the products have actually been lifted across the rails of the
                  vessel at the port of shipment designated for delivery .