CELEX: 31976R1219
Language: en
Date: 1976-05-24 00:00:00
Title: Commission Regulation (EEC) No 1219/76 of 24 May 1976 on the invitation to tender for a supply of butteroil as food aid to the United Nations Relief and Works Agency (UNRWA) for the benefit of Palestine refugees

26. 5 . 76                                Official Journal of the European Communities                             No L 137/7
                                       COMMISSION REGULATION (EEC) No 1219/76
                                                            of 24 May 1976
                on the invitation to tender for a supply of , butteroil as food aid to the United
                Nations Relief and Works Agency (UNRWA) for the benefit of Palestine refu­
                                                                  gees
 THE COMMISSION OF THE EUROPEAN                                         Whereas the last subparagraph of Article 6 of Regula­
 COMMUNITIES,                                                           tion (EEC) No 694/76 stipulates that provision may be
                                                                        made for part of sums due to the tenderer to be paid
                                                                        in advance ;
 Having regard to the Treaty establishing the European
 Economic Community,                                                    Whereas the measure provided for in this Regulation
                                                                        are in accordance with the opinion of the Manage­
                                                                        ment Committee for Milk and Milk Products,
 Having regard to Council Regulation (EEC) No
 804/68 of 27 June 1968 on the common organization
of the market in milk and milk products ('), as last                    HAS ADOPTED THIS REGULATION :
amended by Regulation (EEC) No 559/76 (2), and in
 particular Articles 6 (7) and 28 thereof,
                                                                                                 Article 1
Whereas Council Regulation (EEC) No 695/76 of 25                        1 . Tenders are invited in accordance with the provi­
March 1976 on the supply of milk fats to certain devel­                 sions of Regulations (EEC) No 694/76 and (EEC) No
oping countries and international organizations under                   695/76 for the manufacture and delivery cif within the
the 1976 food-aid programme ^), provides inter alia                     meaning of Article 3, to the UNRWA, of 3 000 metric
for 3 000 metric tons of butteroil obtained from butter                 tons of butteroil divided into the following lots :
held by intervention agencies to be made available to
the United Nations Relief and Works Agency, here­                      —    Lot   A 1 : 500  metric tons cif Ashdod,
inafter called 'the UNRWA', for Palestine refugees ;                   —    Lot   A2:   600  metric tons cif Ashdod ,
whereas the UNRWA has requested the supply of the                      —    Lot   B 1 : 500  metric tons cif Lattakia,
abovementioned quantity ;                                              —    Lot   B2:   500  metric tons cif Lattakia,
                                                                       —    Lot   B3:   500  metric tons cif Lattakia,
                                                                       — Lot B 4 : 400 metric tons cif Lattakia .
Whereas Article 5 of Council Regulation (EEC) No
694/76 of 25 March 1976 laying down general rules                      2.      Subject to the special provisions contained
for the supply of milk fats to certain developing coun­                hereinafter, the provisions of Regulation (EEC) No
tries and international organizations under the 1976                   2247/75 shall apply by analogy to the tendering proce­
food-aid programme (4), requires tenders to be invited                 dure and to the terms for manufacture and delivery of
                                                                       the butteroil .
for this supply ;
                                                                       3.       Loading shall take place by 30 July 1976 at the
                                                                       latest .
Whereas the tendering procedure is effected following
the provisions of Commission Regulation (EEC) No
2247/75 of 29 August 1975 concerning invitations to                                              Article 2
tender for the costs of manufacture and delivery of
butteroil as food aid to certain developing countries
and to the World Food Programme (5), as amended by                      1.    The butter to be used in manufacturing the
                                                                       butteroil shall be taken over :
Regulation (EEC) No 578 /76 (6) ; whereas it is still
necessary to add a number of details, particularly as                  — from the Belgian intervention agency as regards
regards the time limit for the submission of tenders                        Lots A 1 and A 2,
and the terms of supply ;
                                                                       — from the Dutch intervention agency as regards
 ') OJ   No  L 148 , 28 . 6 . 1968 , p. 13.                                 Lots B 1 to B 4.
2)  OJ   No  L 67, 15. 3 . 1976, p. 9 .
3)  OJ   No  L 83 , 30 . 3 . 1976, p . 6 .                             2. The butteroil shall meet the requirements for
4)  OJ   No  L 83 , 30 . 3 . 1976, p. 4 .
5)  OJ   No  L 229 , 30 . 8 . 1975, p. 60 .                            quality, packing and marking laid down in the Annex
 b) OJ   No  L 69 , 15 . 3 . 1976, p. 16 .                             to this Regulation .
 ---pagebreak--- No L 137/ 8                           Official Journal of the European Communities                             26. 5. 76
                           Article 3                            2. The successful tenderer shall inform the recip­
                                                                ient organization at least 10 clear days before arrival at
1.    Delivery cif shall be deemed to take place when           the port of unloading of the expected date of arrival .
the goods are actually set down on the quayside at the
port of unloading or on lighters where the latter               The successful tenderer shall have a clause inserted in
method is used .                                                the charter party obliging the captain to give the
                                                                organization of destination at least 72 hours' notice of
The recipient organization shall be responsible for all         the probable date of arrival of the vessel in port.
expenditure incurred after delivery, including accep­
tance costs .
                                                                                        Article 5
Any demurrage costs at the port of unloading due to              1 . The successful tenderer shall make precise in his
delays for which the recipient organization is respon­          tender submitted to the intervention agency
sible shall be borne by that country. The rates and             concerned for how many and for which lots his tender
conditions of such demurrage to be laid down in the             is valid .
contract between       the  successful   tenderer and   the
carrier must be agreed in advance between the                   The maximum amount to be fixed in accordance with
successful tenderer acting as agent for the Community           Article 7 of Regulation (EEC) No 2247/75 shall be,
and the receiving agent of the recipient organization .         should it so happen, a global amount for several lots.
2. On delivery cif under the terms specified in para­           2.    The time limit for the submission of tenders
graph 1 , the recipient organization shall hand over to         shall be 8 June 1976 at 12 noon .
the Community's agent a taking-over certificate.
                                                                                        Article 6
3. The intervention agency concerned is authorized
to pay on presentation of the proof of goods having              Furthermore, the intervention agencies shall, within a
been loaded, a part payment, the amount of which                 period not exceeding 60 days after receipt of the
must not exceed 70 % of the difference between the               taking-over certificate, pay to the UNRWA a
amount indicated in the tender and the price of the              lump-sum contribution towards the cost of trans­
butter as fixed in Article 9 ( 1 ) of Regulation (EEC) No        porting the goods from the ports of destination and of
2247/75 at present in force.                                    distribution of 20 units of account per metric tons of
                                                                butteroil delivered .
                           Article 4
                                                                                        Article 7
1 . The intervention agency concerned shall notify
the recipient organization of the date of loading, the          This Regulation shall enter into force on the day
quantity and quality of the goods as recorded at the             following its publication in the Official Journal of
time of loading and the port of unloading.                       the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 24 May 1976.
                                                                           For the Commission
                                                                             P. J. LARDINOIS
                                                                      Member of the Commission
 ---pagebreak--- 26 . 5 . 76                            Official Journal of the European Communities                               No L 137/9
                                                          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 one 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 composi­
                     tion 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, in the language or
                     languages of the country of destination :
                     (a) the description 'butteroil' ;
                     (b) the words :
                          'Gift of the European Economic Community to the UNRWA for the benefit of Palestine
                          Refugees' ;
                     (c) net weight ;
                     (d) month and year of manufacture ;
                     (e) name of processing undertaking — in the form of a code number ;
                     (f) the manufacturer's lot number ;
                     (g) the port of destination .