CELEX: 31982R0814
Language: en
Date: 1982-04-06 00:00:00
Title: Commission Regulation (EEC) No 814/82 of 6 April 1982 on the delivery of butter as food aid to India

No L 96 /38                                   Official Journal of the European Communities                                      8 . 4 . 82
                                            COMMISSION REGULATION ( EEC ) No 814 / 82
                                                              of 6 April 1982
                                              on the delivery of butter as food aid to India
THE COMMISSION OF THE EUROPEAN                                           whereas , in particular , the periods and terms for
COMMUNITIES ,                                                            delivery and the procedure to be followed by the
                                                                         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 Regulations ( EEC )
                                                                         No 1312 / 80 and ( EEC ) No 1401 / 81 specify that ,
                                                                         provided the normal development of prices on the
                                                                         market is not disturbed , the supply of butter and
Having regard to Council Regulation (EEC ) No 804 / 68                   butteroil as food aid shall be ensured in the form of
of 27 June 1968 on the common organization of the                        butter or butterfats bought on the Community market if
market in milk and milk products ( x ), as last amended                  the situation on the market does not allow supply from
by the Act of Accession of Greece , and in particular                    public stocks ; whereas , since the latter condition has
Article 6 ( 7 ) thereof,                                                 been fulfilled and the quantities involved 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 1312 / 80 of 28 May 1980 laying down general rules
for the supply of milk fats to certain developing
countries and specialized bodies under the 1980
food-aid programme ( 2 ), and in particular Article 7                    Whereas the size of the food-aid programme calls for a
thereof,                                                                 discontinuous series of deliveries and the time normally
                                                                         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
Having regard to Council Regulation (EEC)                                for deliveries due to be made during the 1982 / 83 milk
No 1401 / 81 of 19 May 1981 laying down general rules                    year ;
for the supply of milk fats to certain developing
countries and specialized bodies under the 1981
food-aid programme ( 3 ), and in particular Article 7
thereof,                                                                 Whereas , given the foregoing and the close link between
                                                                         the market price of butter and skimmed-milk powder on
                                                                          the one hand and the intervention prices for these
                                                                          products on the other , it is likely that potential suppliers
Whereas , under the food-aid programmes adopted by                        will hold back until the Council's decisions on common
the Council Regulations specified in the Annex , India                    agricultural prices and agri-monetary measures are
has requested delivery of the quantity of butter set out                  known ; whereas past experience has shown that , in
therein ;                                                                 such a situation of uncertainty , several potential
                                                                          suppliers prefer not to submit tenders or submit them
                                                                          on the basis of inaccurate or differing forecasts , hence
Whereas , therefore , delivery should be effected in                      taking the risk that their tender will either not be
 accordance with the rules laid down in Commission                        accepted or involve them in serious losses leading them
Regulation ( EEC ) No 303 / 77 of 14 February 1977                        to withdraw later from a transaction in which they have
laying down general rules for the supply of                               been named as successful tenderer or contracting party
 skimmed-milk powder and butteroil as food aid ( 4 ), as                  by mutual agreement ; whereas , in order to encourage
 last amended by Regulation ( EEC ) No 3474 / 80 ( 5 );                   tenders and to ensure that they are not based on
                                                                          theoretical considerations making them impossible to
                                                                           assess objectively , it is necessary to allow for an increase
                                                                           at the time of payment in the price of successful tenders
(»)  OJ No  L  148 , 28 . 6 . 1968 , p . 13 .
(2 ) OJ No  L  134 , 31 . 5 . 1980 , p . 14 .                              for deliveries to be made during the 1982 / 83 milk year ,
( 3) OJ No  L  141,27 . 5 . 1981 , p . 5 .                                 the increase being based on the change in the
(4)  OJ No  L  43 , 15 . 2 . 1977 , p . 1 .                                intervention price , expressed in national currency , as
(s)  OJ No  L  363 , 31 . 12 . 1980 , p . 50.                              decided by the Council for the 1982 / 83 milk year;
 ---pagebreak---  8 . 4 . 82                          Official Journal of the European Communities                              No L 96/39
Whereas the measures provided for in this Regulation           (b ) with regard to application of the second
 are in accordance with the opinion of the Management               subparagraph of Article 14 ( 1 ) of Regulation ( EEC )
 Committee for Milk and Milk Products ,                             No 303 / 77 , the references there given shall be
                                                                    considered replaced by that given in note ( 2 ) in the
                                                                    Annex to this Regulation ;
                                                               ( c) the tendering security referred to in Article 15 ( 1 ) of
                                                                    Regulation ( EEC ) No 303 / 77 shall amount to
HAS ADOPTED THIS REGULATION :
                                                                    39 • 65 ECU per tonne of butter .
                                                               In the case of supplies of butter bought on the
                        Article 1                              Community market and for which the delivery date
                                                               referred to in item 9 of the Annex falls after the end of
The intervention agency referred to in the Annex shall         the 1981 / 82 milk year , the sum paid on tenders
 arrange for delivery of the butter as food aid on the         resulting from application of the procedure referred to
                                                               in item 12 of the Annex shall be increased at the time of
special conditions set out in the Annex.
                                                               payment to reflect a multiplication of the intervention
                                                               price of butter, as expressed in the currency of the
The provisions of Regulation (EEC ) No 303 / 77                Member State in which the tender was submitted , in
concerning the supply of butteroil shall apply as              consequence of the Council's decisions on common
follows :                                                      agricultural prices and agri-monetary measures for the
                                                               1982 / 83 milk year .
( a) with regard to checking that the quality and                                       Article 2
     packaging comply with the conditions laid down in
     the Annex to this Regulation , the provisions of          This Regulation shall enter into force on the third day
     Article 8 of Regulation ( EEC ) No 303 / 77 shall         following its publication in the Official Journal of the
      apply ;                                                  European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels , 6 April 1982 .
                                                                                   For the Commission
                                                                                     Poul DALSAGER
                                                                               Member of the Commission
 ---pagebreak--- No L 96/40                              Official Journal of the European Communities                                        8 . 4 . 82
                                                            ANNEX ( l )
                 Consignment                                    A                                             B
 1.  Application of Council Regu­
     lations :
     ( a) legal basis                                                ( E'EC ) No 1401 / 81 ( 1981 programme)
     ( b ) affectation                                                           ( EEC ) No 1402 / 81
 2.  Beneficiary
 3.  Country of destination
                                           ^j-                                           India
 4.  Total quantity of the con­                            500 tonnes                                      400 tonnes
     signment
 5.  Intervention agency responsible                  Will result from application of the procedure referred to in point 12
     for delivery
 6.   Origin of the butter                                               Bought on the Community market
 7.   Special characteristics and / or                                                See note ( 2 )
     packaging
 8.   Markings on the packaging             'Butter / Supplied to the Indian Dairy Corporation under the food-aid programme of the
                                                                          European Economic Community'
                                                                                     followed by :
                                                            'Bombay'                                        'Calcutta'
 9.   Delivery period                                                           Loading in May 1982
10 .  Stage and place of delivery              Community port of loading operating a regular service with the recipient country ( 3 )
11 .  Representative of the beneficiary
      responsible for reception
12 .  Procedure to be applied to                                                         Tender
      determine the costs of supply
13 .  Expiry of the time limit for                                             12 noon on   3 May 1982
      submission of tenders
 ---pagebreak--- 8 . 4 . 82                               Official Journal of the European Communities                                   No L 96 /41
                   Consignment                                  C                                             D
  1.   Application of Council Regu­
       lations :
       ( a ) legal basis                                             ( EEC ) No 1401 / 81 ( 1981 programme )
       ( b ) affectation                                                       ( EEC ) No 1402 / 81
  2.   Beneficiary
  3.   Country of destination
                                            j                                          India
  4.   Total quantity of the con­                          587 tonnes                                      587 tonnes
       signment
  5.   Intervention agency responsible                Will result from application of the procedure referred to in point 12
       for delivery
  6.   Origin of the butter                                             Bought on the Community market
  7.   Special characteristics and / or                                             See note ( 2 )
       packaging
  8.   Markings on the packaging            'Butter / Supplied to the Indian Dairy Corporation under the food-aid programme of the
                                                                         European Economic Community'
                                                                                   followed by :
                                                            'Bombay'                                        'Calcutta'
  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 ( 3 )
11 .   Representative of the beneficiary
       responsible for reception
12 .   Procedure to be , applied to                                                   Tender
       determine the costs of supply
13 .   Expiry of the time limit for                                          12 noon on  3 May 1982
       submission of tenders
 ---pagebreak--- No L 96 /42                             Official Journal of the European Communities                                           8 . 4 . 82
                 Consignment                                     E                                               F
 1.  Application of Council Regu­
     lations :
     ( a ) legal basis                       ( EEC ) No 1312 / 80 ( 1980 programme )           ( EEC ) No 1401 / 81 ( 1981 programme )
     ( b ) affectation                                 ( EEC ) No 1313 / 80                              ( EEC ) No 1402 / 81
 2.  Beneficiary­
 3.  Country of destination
                                           j-                                          India
 4.  Total quantity of the con­                             200 tonnes                                        350 tonnes
     signment
 5.  Intervention agency responsible                   Will result from application of the procedure referred to in point 12
     for delivery
 6.   Origin of the butter                                              Bought on the Community market
 7.   Special characteristics and / or                                              See note ( 2 )
     packaging
 8.   Markings on the packaging             'Butter / Supplied to the Indian Dairy Corporation under the food-aid programme of the
                                                                         European Economic Community'
                                                                                   followed by :
                                                             'Bombay'                                          'Calcutta'
 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 ( 3 )
11 .  Representative of the beneficiary
      responsible for reception
12 .  Procedure to be applied to                                                      Tender
      determine the costs of supply
13 .  Expiry of the time limit for                                            12 noon on  3 May 1982
      submission of tenders
 ---pagebreak--- 8 . 4 . 82                              Official Journal of the European Communities                                    No L 96 /43
           Notes :
           ( J ) 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 .
           ( 2 ) The unsalted butter must be made from pasturized fresh cream and contain no colouring matters or
                 neutralizers . The butter must have no smell and must be of an even texture .
                 The butter must conform to the following technical specifications:
                 — fat content : minimum 82 % ,
                 — water content: maximum 16 % ,
                 — non-fat dey matter content: maximum 1 • 5 %.,
                 — pH between 6 and 6-7 .
                 The packaging must conform to specifications laid down in Article 5 ( 2 ) and ( 3 ) of Regulation
                 (EEC ) No 685 / 69 . The butter must be transported at a temperature between - 18 and - 10 °C
                 (0 and 14 °F). Yeast and mould: below 20 per gram .
           ( 3 ) 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 .