CELEX: 31976R2186
Language: en
Date: 1976-09-06 00:00:00
Title: Commission Regulation (EEC) No 2186/76 of 6 September 1976 concerning the invitation to tender for the supply of butteroil to the Office of the United Nations High Commissioner for Refugees as food aid for the people of Cyprus

7 . 9 . 76                                 Official Journal of the European Communities                         No L 245 / 13
                                     COMMISSION REGULATION ( EEC) No 2186/76
                                                        of 6 September 1976
              concerning the invitation to tender for the supply of butteroil to the Office of
              the United Nations High Commissioner for Refugees as food aid for the people
                                                              of Cyprus
THE COMMISSION OF THE EUROPEAN                                       Whereas the measures provided for in this Regulation
COMMUNITIES,                                                         are in accordance with the opinion of the Manage­
                                                                     ment Committee for Milk and Milk Products,
Having regard to the Treaty establishing the European
Economic Community,
Having regard to Council Regulation ( EEC) No
804/68 of 27 June 1968 on the common organization                    HAS ADOPTED THIS REGULATION :
of the market in milk and milk products ('), as last
amended by Regulation (EEC) No 559/76 (2), and in
particular Article 6 (7) thereof,                                                             Article 1
Whereas Council Regulation (EEC) No 1542/75 of 16                     1 . Tenders are hereby invited pursuant to Regula­
June 1975 on the supply of milk fats as food aid to                  tions (EEC) No 1541 /75, (EEC) No 1542/75 and
certain developing countries and international organi­               (EEC) No 835/ 76, for the manufacture and delivery of
zations under the 1975 food-aid programme (3),                       650 metric tons of butteroil to UNHCR for Cyprus
provides for a reserve of 4 550 metric tons of butteroil             and divided into two lots of 325 metric tons .
obtained from butter held by intervention agencies ;
whereas, according to Council Regulation ( EEC) No
                                                                     2.     Subject to the special provisions contained here­
835/76 of 6 April 1976 on the supply of butter or
                                                                      inafter, the provisions of Regulation (EEC) No
butteroil under Regulation (EEC) No 1542/75 to the
Office of the United Nations High Commissioner for                    2247/75 shall apply by analogy to the tendering proce­
                                                                     dure    and  to  the  terms   for the  manufacture  and
Refugees as food aid for the sections of the population
                                                                     delivery of the butteroil .
affected by the events in Cyprus (4), 650 metric tons to
be supplied in the form of butter or butteroil , to be set
aside from this reserve shall be allocated to the Office
                                                                                              Article 2
of the United Nations High Commissioner for Refu­
gees (UNHCR) for the benefit of the people of
                                                                      1.    The butter which is to be manufactured into
Cyprus ; whereas UNHCR has requested the delivery
of the abovementioned quantity of butteroil for this                 butteroil shall be removed from the premises of the
destination ;                                                         French intervention agency.
Whereas Article 5 of Council Regulation (EEC) No                      2. The quality and packaging of the butteroil shall
1541 /75 of 16 June 1975 laying down general rules                   satisfy the requirements laid down in the Annex to
for the supply of milk fats as food aid to certain deve­              Regulation ( EEC) No 2247/ 75 ; it shall be put exclu­
loping countries and international organizations under               sively in 5 kg canisters .
the 1975 food-aid programme (5 ), requires tenders to
be invited for such supplies ;                                        3 . The words to be printed on the packaging, as
Whereas the tendering procedure is effected following                 provided for in Chapter II 2 (b) of the abovemen­
the provisions of Commission Regulation ( EEC) No                     tioned Annex, shall be the following :
2247/ 75 of 29 August 1975 concerning invitations to                 ' Butteroil — Gift of the European Economic Commu­
tender for the costs of manufacture and delivery of
                                                                      nity to the people of Cyprus .'
butteroil as food aid to certain developing countries
and to the World Food Programme (6), as amended by                    4.    The time limit for the submission of tenders
Regulation ( EEC) No 578 / 76 ( 7) ; whereas it is still
                                                                      shall expire at 12 noon on 21 September 1976 .
necessary to add a number of details, particularly as
regards the time limit for the submission of tenders
and the terms of supply ;                                                                     Article 3
 ') OJ   No L 148 , 28 . 6 . 1968 , p. 13 .
2)  OJ   No L 67, I S. 3 . 1976, p. 9 .                               1.    Delivery shall be carried out at the port of
3)  OJ   No L 157, 19 . 6 . 1975, p. 6 .                              unloading Limassol .
4)  OJ   No L 96, 10 . 4 . 1976, p. 1 .
5)  OJ   No L 157, 19 . 6 . 1975, p. 4 .
 b) OJ   No L 229 , 30 . 8 . 1975 , p. 60,                            2.    Shipment shall take place as soon as possible
 7) OJ   No L 69 , 15 . 3 . 1976 , p. 16 .                            and not later than 30 October 1976 .
 ---pagebreak--- No L 245/ 14                      Official Journal of the European Communities                               7. 9 . 76
3.    Delivery at the port of unloading shall be             quantity and quality of the goods as recorded at the
deemed to take place when the goods are actually set         time of loading and the port of unloading.
down on the quayside at the port of unloading or on
lighters where the latter method is used .                   2.    The successful tenderer shall inform the recip­
                                                             ient organization at least 10 clear days in advance of
4.    On delivery ' port of unloading', the recipient        the expected date of arrival at the ship's port of
organization shall issue to the successful tenderer a
                                                             unloading.
letter of acceptance which replaces the certificate
specified in Article 15 of Regulation ( EEC) No              The successful tenderer shall include in the terms of
2247/ 75 .
                                                             the charter-party a provision stipulating that the ship's
5. The recipient organization shall be responsible           captain shall , at least 72 hours in advance, notify the
for all expenditure incurred after delivery, including       country of destination of the ship's probable date of
acceptance costs .                                           arrival in port.
Any demurrage costs at the port of unloading due to
delays for which the recipient organization is respon­                                Article 5
sible shall be borne by that country.
The rates and conditions of such demurrage to be laid        By way of derogation from Article 4 (2) of Regulation
down in the contract between the successful tenderer         ( EEC) No 2247/75, the tenderer shall indicate if his
and the carrier must be agreed in advance between the        tender is valid for one or both lots put up for tender.
successful tenderer acting as agent for the Community
and the receiving agent of the recipient organization .
                                                                                      Article 6
                        Article 4
                                                             This Regulation shall enter into force on the day
1 . The intervention agency concerned shall notify           following its publication in the Official Journal of
the recipient organization of the date of loading, the        the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 6 September 1976.
                                                                       For the Commission
                                                                         P. J. LARDINOIS
                                                                   Member of the Commission