CELEX: 31977R0158
Language: en
Date: 1977-01-25 00:00:00
Title: Commission Regulation (EEC) No 158/77 of 25 January 1977 on the issue of an invitation to tender for the costs of delivery of butteroil to the International Committee of the Red Cross for Lebanon

No L 23 /32                                 Official Journal of the European Communities                               27. 1 . 77
                                         COMMISSION REGULATION ( EEC) No 158/77
                                                           of 25 January 1977
                on the issue of an invitation to tender for the costs of delivery of butteroil to the
                                   International Committee of the Red Cross for Lebanon
 THE COMMISSION OF THE EUROPEAN                                         HAS ADOPTED THIS REGULATION :
 COMMUNITIES,
 Having regard to the Treaty establishing the European
 Economic Community,                                                                             Article 1
 Having regard to Council Regulation (EEC) No
 804/68 of 27 June 1968 on the common organization                       1.   In accordance with the provisions of Regulations
 of the market in milk and milk products ('), as last                   (EEC) No 694/76 and (EEC) No 695/76, tenders shall
 amended by Regulation (EEC) No 559/76 (2), and in                      be invited for the costs of manufacture and delivery to
 particular Article 6 (7) thereof,                                      the ICRC for Lebanon of 800 tonnes of butteroil ,
                                                                        divided into two lots of 400 tonnes.
 Whereas Council Regulation (EEC) No 695/76 of 25
 March 1976 on the supply of milk fats to certain deve­
 loping countries and international organizations under                 2. The provisions of Regulation (EEC) No 2247/75
 the 1976 food-aid programme ^), provides inter alia                    apply by analogy, as regards the tendering procedure
 for a reserve of 3 640 tonnes of butteroil produced                    and the terms of manufacture and delivery of the
                                                                        butteroil .
 from butter held by the intervention agencies ;
 whereas 1 600 tonnes from this reserve shall be attri­
 buted to the International Committee of the Red
 Cross ( ICRC) for Lebanon ; whereas the ICRC has                       By way of derogation from Article 4 (2) of Regulation
                                                                       (EEC) No 2247/75, the tenderer shall indicate whether
 requested delivery of the 800 tonnes remaining to be                   his offer is valid for one lot or for the two lots offered
 delivered ;                                                            for tender.
 Whereas under Article 5 of Council Regulation (EEC)
 No 694/76 of 25 March 1976 laying down general
 rules for the supply of milk fats to certain developing
 countries and international organizations under the                                             Article 2
 1976 food-aid programme ^), an invitation to tender
 for this supply shall be issued ;
                                                                        1.    The butter to be manufactured into butteroil
                                                                       shall be taken from the French intervention agency.
 Whereas, as regards the tendering procedure, the provi­
 sions of Commission Regulation (EEC) No 2247/75 of
 29 August 1975 on the terms of invitations to tender                   2. The butteroil shall meet the requirements for
 for the costs of manufacture and delivery of butteroil
                                                                       quality and packing set out in the Annex to Regula­
 as food aid to certain developing countries and to the                tion (EEC) No 2247/75 and shall be packed in 5 kg
World Food Programme (5), as amended by Regula­                        boxes only.
 tion ( EEC) No 2212/76 (6), shall be applied ; whereas
 it is therefore necessary to provide for certain details,
 particularly as regards the time limit for the submis­                3. The packaging mentioned in II . 2. (b) of the
sion of tenders and the delivery terms for the butter­                 Annex quoted in the previous paragraph shall bear a
oil ;
                                                                       red cross measuring 10 cm by 10 cm and, in letters at
                                                                       least one centimetre high , the following wording :
Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Manage­
 ment Committee for Milk and Milk Products,                            ' Butteroil/ Don de la Communauté économique euro­
                                                                       péenne / Action du Comité international de la Croix­
(!)  OJ No   L 148 , 28 . 6 . 1968 , p . 13 .                          Rouge / Pour distribution gratuite au Liban '.
I1 ) OJ No   L 67, 1 5 . 3 . 1 976, p . 9 .
(J ) OJ No   L 83 , 30 . 3 . 1976, p . 6 .
(4)  OJ No   L 83 , 30 . 3 . 1976, p . 4.
h) OJ No L 229, 30. 8 . 1975, p. 60.                                   4.     The time limit for the submission of tenders
(') OJ No L 249 , 11.9 . 1976 , p. 5 .                                 shall be 8 February 1977 at 12 noon .
 ---pagebreak--- 27 . 1 . 77                        Official Journal of the European Communities                         No L 23 /33
                        Article 3                            name of the vessel, the date of loading and the quan­
                                                             tity and quality of the goods as recorded at the time of
1 . Delivery shall be made to the port of unloading          loading.
of Beirut, notwithstanding the provisions of Article 5 .
                                                             2. The successful tenderer shall inform the recip­
2.     Loading shall take place after 25 March and           ient organization at least 10 clear days in advance of
before 5 April 1977.                                         the expected date of arrival of the ship in the port of
3 . Delivery to the port of unloading shall be consid­       unloading.
ered as completed when the goods are actually de­            3.    The successful tenderer shall have included in
posited on the quayside at the port of unloading or on       the terms of the charter-party a provision stipulating
board a lighter in the case where the latter method is       that the ship's captain shall inform the recipient
used .
                                                             organization at least 72 hours in advance of the ship's
4. On delivery at the port of unloading, the recip­          probable date of arrival in port.
ient organization shall issue the tenderer with the
                                                                                     Article 5
acceptance certificate specified in Article 15 of Regula­
tion (EEC) No 2247/75 .                                      If events in Lebanon make delivery to the port of
5. The recipient organization shall bear all expendi­        Beirut impossible, the intervention agency in question
ture incurred after delivery including acceptance costs.     shall deliver the goods to the port of Limassol
                                                             (Cyprus).
6. Any demurrage costs at the port of unloading
attributable to the recipient organization shall be          In this case, the intervention agency may, on presenta­
borne by it. The rates and other details concerning          tion of supporting documents, come to an agreement
such costs, laid down in the contract between the            with the organization making the delivery as to an
successful tenderer and the carrier, must have been          increase in expenses compared with those initially set.
previously agreed upon by the successful tenderer            The intervention agency shall immediately inform the
acting as Community agent and the recipient organiza­        Commission of the new amount agreed upon .
tion's agent.
                                                                                     Article 6
                        Article 4
                                                             This Regulation shall enter into force on the day
1 . The intervention agency concerned shall as soon          following its publication in the Official Journal of
as possible notify the recipient organization of the         the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 25 January 1977.
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President