CELEX: 31974R1365
Language: en
Date: 1974-05-31 00:00:00
Title: Regulation (EEC) No 1365/74 of the Commission of 31 May 1974 on the supply of butteroil as food aid to certain developing countries

No L 147/46                               Official Journal of the European Communities                               1 . 6 . 74
                               REGULATION (EEC) No 1365/74 OF THE COMMISSION
                                                          of 31 May 1974
                      on the supply of butteroil as food aid to certain developing countries
THE COMMISSION OF THE EUROPEAN                                      — the location of the coldstore or stores where the
COMMUNITIES,                                                             butter which is to be manufactured into butteroil
                                                                         is held ;
Having regard to the Treaty establishing the European
Economic Community ;                                                — the quantity of butteroil to be delivered ;
                                                                    — the indication of the ports in the Community
Having regard to Council Regulation (EEC) No                             where delivery fas can take place ;
804/68 (') of 27 June 1968 on the common organiza­
tion of the market in milk and milk products, as last               — the closing date and address for the receipt of
amended by Regulation (EEC) No 662/74 (2), and in                         tenders ;
particular Articles 6 (7) and 28 thereof ;                           — the date on which delivery fas is to take place.
Whereas Council Regulation (EEC) No 530/74 (3) of 4
                                                                     2.      The  notice  of invitation  to tender shall be
March 1974 laying down general rules for the supply
of milk fats as food aid to certain developing countries             published in the Official Journal of the European
and certain international organizations provides inter               Communities at least 10 days before the closing date
                                                                     for the submission of tenders .
alia for the placing at the disposal of those countries
of a certain quantity of butter held by intervention
agencies, to be delivered in the form of butter or                   3 . The intervention agency shall take the measures
butteroil ;                                                          necessary to enable prospective tenderers to examine
                                                                     at their own expense, before submitting a tender,
Whereas under Article 2 of Regulation (EEC) No                       samples of the butter.
530/74 the costs of processing, packaging and trans­
port in respect of each supply are in principle to be
covered under a tendering procedure ;                                                         Article 3
Whereas the procedure to be adopted for this purpose
should in the main be taken over from that estab­                    The invitation to tender shall be open only to
lished by Commission Regulation (EEC) No                             processing undertakings approved for this purpose by
567/74 (4) of 8 March 1974 on the supply of butteroil                the Member State on whose territory the processing is
as food aid to the countries of the Sahel and Ethiopia ;             to take place . Only those undertakings which can
                                                                     fulfil the obligations provided for in this Regulation
Whereas the measures provided for in this Regulation                 may be approved.
are in accordance with the Opinion of the Manage­
ment Committee for Milk and Milk Products,
                                                                                              Article 4
 HAS ADOPTED THIS REGULATION :                                        1 . Tenders, which shall be in writing, shall be
                                                                     submitted either by delivery by hand to the interven­
                              Article 1                              tion agency against acknowledgement of receipt or by
                                                                     registered letter addressed to the intervention agency.
Where it is decided to supply butteroil fas to the                   The intervention agency may also authorize the use of
developing countries listed in the Annex to Regula­                  telex for presentation of tenders.
 tion ( EEC) No 530/74, the invitation to tender
 referred to in Article 2 of the said Regulation shall be            2.      Where the invitation to tender is in respect of
 organized in accordance with the detailed rules laid                two or more lots no tender may be made for more
 down in this Regulation .                                           than one lot.
                              Article 2                              3.      The tender shall indicate :
 1 . The intervention agency concerned shall give                    (a) the name and address of the tenderer,
 notice of an invitation to tender indicating in parti­              (b) the amount for which the tenderer undertakes to
cular :
                                                                          make the supply in question , expressed in the
                                                                          currency of the Member State in which the invita­
(')  OJ No  L  148 , 28 . 6 . 1968 , p. 13,                                tion to tender is made ; this amount shall include
i1 ) OJ No  L 85 , 29 . 3 . 1974, p. 51 .
(3 ) OJ No  L 65 , 7 . 3 . 1974, p. 1 .                                   the purchase price of the butter on the terms laid
(4 ) OJ No  L 69 , 12 . 3 . 1974, p. 3 .                                  down in Articles 9 and 13, the costs of processing,
                                      »
 ---pagebreak--- 1 . 6 . 74                          Official Journal of the European Communities                            No L 147/47
     packing and delivering the butteroil and the cost         in units of account shall be fixed or alternatively a
     of insuring the/ goods to their full value,              decision shall be taken to make no award .
(c) one or more coldstores, chosen from the list of
     such stores in the notice of invitation to tender, at                                Article 8
     which the tenderer wishes to take delivery of the         1.     A    tender   shall  be    refused if  the amount
     butter,
                                                               proposed, converted into units of account, is more
(d) the Community port where delivery fas takes                than the maximum amount fixed for the lot in ques­
     place, chosen from among the ports designated for         tion .
     the purpose of the invitation to tender in question .
                                                               2.     Without prejudice to the provisions of paragraph
4. A tender shall be valid only if it relates to an            1 , the successful tenderer shall for each lot be the one
entire lot put up for tender.                                  making the lowest offer. Where two or more valid
5. A tender shall not be valid unless accompanied              offers specify identical amounts in units of account
by :                                                           the award shall be made by drawing lots.
(a) a document certifying the approval referred to in          3 . Each tenderer shall be immediately notified by
     Article 3 ;                                               the intervention agency of the result of his participa­
                                                               tion in the invitation to tender.
(b) an undertaking from the tenderer that he will
     fulfil the obligations laid down by Article 6 (3) and     4.     The intervention agencies shall immediately
     Article 1 0 ;                                             inform the Commission of the               names   of the
(c) a declaration whereby the tenderer agrees to forgo         successful tenderer or tenderers .
     any claim as to the quality or characteristics of any
     butter sold to him ;                                      5.     Rights and obligations arising in connection
                                                               with the invitation to tender shall not be transferable .
(d) proof that before expiry of the period set for the
     submission of tenders the security referred to in                                    Article 9
     Article 5 has been lodged.
                                                                1 . The purchase price of the butter is fixed at 176
                          Article 5                            units of account per 100 kg ex coldstore .
 1 . The security required for the invitation to tender        2.     Subject to the provisions of Article 13 the
shall be 10 units of account per metric ton of                 successful tenderer shall pay for the butter which shall
butteroil .                                                    be removed within 45 days following the date fixed by
                                                               the intervention agency for the delivery fas of the
2. It shall take the form, at the option of the                butteroil .
Member State concerned, either of a cheque made out
in favour of the intervention agency, or of a bank                                        Article 10
guarantee which satisfies the criteria fixed by the
Member State .                                                 Every successful tenderer shall on the date fixed by
                                                               the intervention agency deliver fas at the port speci­
                          Article 6                            fied in the tender a quantity of butteroil equal to the
                                                               quantity there specified and meeting the requirements
 1 . The intervention agency shall take measures               as to quality and packaging laid down in the Annex to
necessary to ensure that the successful tenderer can           this Regulation . Any schedule for instalment deliv­
take delivery of the butter necessary for processing           eries shall be agreed between the successful tenderer
into butteroil from the coldstore indicated in his             and the agent of the recipient country.
tender.
                                                               The goods shall be regarded as delivered fas when
2. Immediately on leaving the coldstore and until              they are deposited in the port of shipment at a point
the moment when it leaves the geographical territory           designated by the recipient country or its agent easily
of the Community in the form of butteroil, the butter          accessible to the ship .
shall be placed under customs control or under an
administrative control offering equivalent safeguards.                                    Article 11
3. Butteroil delivered for the supply in question              Where the processing of the butter into butteroil takes
must be manufactured exclusively from butter of                place in the Member State of sale, the following provi­
which delivery was taken for this purpose by the               sions shall apply :
successful tenderer from the intervention agency.
                                                                1 . At the time of the manufacture and packing of the
                          Article 7
                                                                    butteroil , the competent agency of the Member
                                                                    State in question shall carry out checks to ensure
 In the light of the tenders received and in accordance             that
with the procedure laid down in Article 30 of Regula­               — the quality and packing conform to Article 3
tion (EEC) No 804/ 68 , a maximum amount expressed                      (b) of Regulation (EEC) No 530/74,
 ---pagebreak--- No L 147/48                             Official Journal of the European Communities                                 1 . 6 . 74
     — the requirements of Article 6 (3) are complied                 such processing shall return the control copy to
           with .                                                     the customs office of departure, indicating that it
2. If on          concluding these     checks     the  agency         has only verified that the goods have been
     concerned finds that the relevant conditions have                processed as specified in (a), and shall issue to the
     been fulfilled, it shall issue to the successful                 person concerned for the butteroil so obtained one
     tenderer a certificate to this effect.                           or more control copies as referred to in Article 1 of
                                                                      Regulation (EEC) No 2315/69, with sections 101 ,
                           Article 12                                 103, 104 and 106 completed ; in section 103 there
                                                                      shall be entered the net weight of the butteroil
Where the processing of the butter and/or delivery fas                after processing in accordance with (a) ; section 104
of the butteroil takes place in a Member State other                  shall contain one of the endorsements set out at
than that of sale, proof that the butter has been                     point 2 below ; in section 106 there shall be
processed in accordance with the conditions referred                  entered :
to in subparagraph (!) of Article 11 and/or that the
butteroil has been delivered fas shall be furnished by                — the number of the control copy from the
production of the control copy provided for in Article                      customs office of departure and the name of
1 of Commission Regulation (EEC) No 231 5/69 (1 ) of                        that office,
19 November 1969 concerning the use of Community                      — the weight of the butter used to produce the
transit documents for the purpose of applying                               quantity of butteroil entered in section 103 .
Community measures for verifying the use and/or
destination of goods, as last amended by Regulation                   The customs office which verifies that delivery as
(EEC) No 690/73 (2).                                                  specified in (b) has taken place shall endorse the
                                                                      control copy from the office which verified that
The sections 101 , 103 and 104 in the control copy                    the goods had been processed as specified in (a)
shall be completed. Section 104 shall be completed by                 and shall return this copy via this latter office to
deleting as necessary and entering against the second                  the office of departure in the Member State of sale.
indent one of the following endorsements :
 1 . If the butter is to be processed in a Member State            2. If the butter is processed into butteroil in the
                                                                       Member State of sale and is to be delivered fas in
     other than that of sale :
                                                                       another Member State :
     ' Beurre destine :
                                                                       ' Butteroil destine a être livre fas au titre de l'aide
     (a) a être transformé en butteroil,
     (b) puis a être livre fas au titre de l'aide alimentaire          alimentaire (règlement (CEE) n° 530/74)'
           (règlement (CEE) n° 530/74)'                                'Als Nahrungsmittelhilfe fas zu lieferndes butteroil
      ' Butter bestimmt :                                              (Verordnung (EWG) Nr. 530/74)'
      (a) zur Verarbeitung zu butteroil,                               ' Butteroil destinato ad essere consegnato fas a titolo
      (b) alsdann zur Lieferung fas als Nahrungsmittel­                di aiuto alimentare (regolamento (CEE) n. 530/74)'
           hilfe (Verordnung (EWG) Nr. 530/74)'                        'Butteroil bestemd om fas te worden geleverd als
      ' Burro destinato :                                              voedselhulp (verordening (EEG) nr. 530/74)'
      (a) ad essere trasformato in butteroil,                          ' Butteroil to be delivered fas as food aid (Regula­
      (b) ad essere successivamente consegnato fas a                    tion (EEC) No 530/74)'
           titolo di aiuto alimentare (regolamento (CEE) n .            'Butteroil bestemt til levering fas som fødeva­
           530/74)'                                                     rehjælp (forordning (E0F) nr. 530/74)'.
      ' Boter bestemd :
      (a) om te worden verwerkt tot butteroil,                          The customs office which verified delivery shall
      (b) om nadien fas te worden geleverd als voedsel­                 endorse the control copy and return it to the office
           hulp (Verordening (EEG) nr. 530/74)'                         of departure in the Member State of sale.
       ' Butter to be :
       (a) processed into butteroil, and subsequently,                                      Article 13
       (b) delivered fas as food aid (Regulation (EEC) No
            530/74)'                                               Upon presentation :
       'Smør bestemt til :                                         — of the documents referred to in subparagraph (2)
       (a) fremstilling af butteroil,                                    of Article    11   and in Article    14, where the
       (b) herefter til levering fas som fødevarehjælp                   processing of the butter and delivery fas of the
           (forordning (EØF) nr. 530/74)'.                               butteroil has taken place in the Member State of
                                                                         sale,
       Where verification that the butteroil has been deliv­
       ered as specified in (b) is to take place in a Member       — of the document referred to in subparagraph ( 1 ) of
       State other than that where processing as specified               Article 12 and in- Article 14, where processing has
       in (a) takes place, the customs office which verifies             taken place in a Member State other than that of
                                                                         sale,
 (!) OJ No L 295, 24. 11 . 1969 , p. 14.                           — of the documents referred to in subparagraph (2)
 M OJ No L 66, 13. 3. 1973, p. 23.                                       of Article 11 , in the subparagraph (2) of Article 12
 ---pagebreak--- 1 . 6. 74                           Official Journal of the European Communities                         No L 147/49
     and in Article 14, where processing has taken             If the recipient country is unable to load the butteroil
     place in the Member State of sale and delivery fas       on the date or dates fixed in accordance with Article
     has taken place in another Member State,                  10 and if the successful tenderer is unable to obtain
                                                               payment from the recipient country of the resulting
the competent agency of the Member State of sale              costs, the competent agency of the Member State of
shall release each successful tenderer from his obliga­       sale shall take all measures necessary to ensure that
tion to pay the purchase price of the butter removed          such costs are not borne by the successful tenderer.
by him, provided that the amount in respect of which
such release is given does not exceed that for which
the tenderer undertook to supply the butteroil, and
shall within 15 days reckoned from the day on which                                     Article 16
the abovementioned supporting documents are
produced pay to him an amount equal to the differ­             1.    Except in cases of force majeure, the security
ence, where this is in favour of the tenderer, between
the aforesaid two amounts .
                                                               required under Article 5 shall be released only in the
                                                               following circumstances :
                         Article 14
                                                              (a) if the tender has been refused,
On delivery fas of the goods at the port of embarka­          (b) if the tenderer has not withdrawn his tender
tion, the receiving agent appointed by the recipient               before the contract is awarded and has produced to
country, or where no such agent is appointed the inter­            the intervention agency the documents required
vention agency of the Member State on whose terri­                 under the first, second or third indent as the case
tory efnbarkation takes place, shall issue to the                  may be of Article 13 .
successful tenderer as agent for the Community a
certificate of delivery.
                                                               2.    Release of the security shall take place im­
                                                               mediately.
                         Article 15
Except in cases of force majeure every successful              3 . In case of force majeure the intervention agency
tenderer shall accept all financial liability devolving        shall adopt the measures which appear warranted by
upon the Community by reason of failure to deliver             the circumstances invoked .
the butteroil at the place and by the time appointed,
provided always that the recipient country has made it
possible for the butteroil to be so delivered .
                                                                                        Article 17
Any demurrage costs resulting from such delays shall
be chargeable to the successful tenderer only if the
rates and other details concerning such costs have             No refund or compensatory amount (whether mone­
been previously agreed upon between the successful             tary or accession) shall be applied to the butter or
tenderer and the recipient country. Other costs                butteroil to which this Regulation applies.
resulting from such delays shall be chargeable to the
successful tenderer only if they have been incurred by
the recipient country with the agreement of the                                         Article 18
competent intervention agency.
Cost incurred by reasons of failure to deliver the             This Regulation shall enter into force on the third day
butteroil as a result of force majeure shall be borne by       following its publication in the Official Journal of
the competent agency of the Member State of sale.              the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 31 May 1974.
                                                                         For the Commission
                                                                             The President
                                                                        Francois-Xavier ORTOLI
 ---pagebreak--- No L 147/50                          Official Journal of the European Communities                                       1 . 6 . 74
                                                             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 metal canisters fully filled and hermetically sealed in an
                     atmosphere of nitrogen. The canisters 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 canister must be sealed by double-seaming .so as to be fully leak-tight.
                 2. The canisters must be packed into cartons containing either :
                     (a) 4 canisters of 5 kg each, or
                     (b) 1 canister of 20 kg.
                     The cartons must have a rupture-strength of 29 kg/cm2 .
                     Cartons containing 4 canisters of 5 kg must also contain separators of duplex cardboard of a
                     rupture-strength of at least 13 kg/cm2 .
                     Each carton must be firmly sealed by means of adhesive applied to the entire surface area of
                     the upper and lower flaps .
                 3 . A label to be affixed vertically to each canister must bear the following particulars in the
                     language or languages of the recipient country :
                     (a) the description : ' Butteroil',
                     (b) the words : 'Gift of the European Economic Community' (to be completed according to
                         the country of destination),
                   . (c) net weight,
                     (d) month and year of manufacture,
                     (e) name of the processing undertaking — in the form of a code number.
                     In addition to the above, the following must be marked on the two sides of each carton : the
                     manufacturer's lot number and the number of cartons making up the lot.
           III . Special provisions
                 In the case of certain specific destinations for projects involving supplies for the reconstitution of
                 milk, special requirements may be laid down in the Regulation opening the relevant individual
                 invitation to tender .