CELEX: 31982R0812
Language: en
Date: 1982-04-06 00:00:00
Title: Commission Regulation (EEC) No 812/82 of 6 April 1982 on the delivery of various consignments of butteroil as food aid

8 . 4 . 82                                   Official Journal of the European Communities                                   No L 96/ 1
                                                                     I
                                                 (Acts whose publication is obligatory)
                                           COMMISSION REGULATION ( EEC ) No 812 / 82
                                                             of 6 April 1982
                                  on the delivery of various consignments of butteroil as food aid
THE COMMISSION OF THE EUROPEAN                                          Whereas Article 2 ( 2 ) of Regulation ( EEC ) No 1401 / 81
COMMUNITIES ,                                                           specifies that , provided the normal development of
                                                                        prices on the market is not disturbed , the supply of
                                                                        butter and butteroil as food aid shall be ensured in the
                                                                         form of butter or butterfats bought on the Community
Having regard to the Treaty establishing the European                   market if the situation on the market does not allow
Economic Community ,                                                     supply from public stocks ; whereas , since the latter
                                                                         condition has been fulfilled and the quantities involved
                                                                         are not so large as to disturb the normal development of
Having regard to Council Regulation ( EEC ) No 804 / 68                  prices on the market , purchases should be made on the
of 27 June 1968 on the common organization of the                        open market to secure the necessary supplies ;
market in milk and milk products (*), as last amended
by the Act of Accession of Greece, and in particular
Article 6 (7 ) thereof,
                                                                         Whereas the size of the food-aid programme calls for a
                                                                         discontinuous series of deliveries and the time normally
Having regard to Council Regulation (EEC )                               needed to carry out a delivery is several months ;
No 1401 / 81 of 19 May 1981 laying down general rules                    whereas the Commission will probably have cause
for the supply of milk fats to certain developing                        during the 1981 / 82 milk year to fix maximum amounts
countries and specialized bodies under the 1981                          for deliveries due to be made during the 1982 / 83 milk
food-aid programme ( 2 ), and in particular Article 7                    year ;
thereof,
                                                                         Whereas , given the foregoing and the close link between
Whereas, under the food-aid programmes adopted by                        the market price of butter and skimmed-milk powder on
the Council Regulations specified in the Annex , certain                 the one hand and the intervention prices for these
recipient third countries and agencies have requested                    products on the other , it is likely that potential suppliers
delivery of the quantity of butteroil set out therein ;                  will hold back until the Council's decisions on common
                                                                         agricultural prices and agri-monetary measures are
                                                                         known ; whereas past experience has shown that , in
Whereas , therefore, delivery should be effected in                      such a situation of uncertainty , several potential
accordance with the rules laid down in Commission                         suppliers prefer not to submit tenders or submit them
Regulation ( EEC ) No 303 / 77 of 14 February 1977                        on the basis of inaccurate or differing forecasts , hence
laying down general rules for the supply of                              taking the risk that their tender will either not be
 skimmed-milk powder and butteroil as food aid ( 3 ), as                  accepted or involve them in serious losses leading them
last amended by Regulation (EEC ) No 3474 / 80 ( 4 );                     to withdraw later from a transaction in which they have
whereas , in particular , the periods and terms for                       been named as successful tenderer or contracting party
delivery and the procedure to be followed by the                          by mutual agreement ; whereas , in order to encourage
 intervention agencies to establish the costs arising                     tenders and to ensure that they are not based on
 therefrom should be laid down ;                                          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 .                            , for deliveries to be made during the 1982 / 83 milk year ,
(2 ) OJ  No L 141 , 27 . 5 . 1981 , p . 5 .                               the increase being based on the change in the
 (3) OJ  No L 43 , 15 . 2 . 1977 , p . 1 .                                intervention price, expressed in national currency , as
(4)  OJ  No L 363 , 31 . 12 . 1980 , p . 50,                              decided by the Council for the 1982 / 83 milk year;
 ---pagebreak--- No L 96/2                            Official Journal of the European Communities                                  8 . 4 . 82
Whereas the measures provided for in this Regulation           In the case of supplies of butteroil made from butter or
are in accordance with the opinion of the Management           cream bought on the Community market and for which
Committee for Milk and Milk Products ,                         the delivery date referred to in item 9 of the Annex falls
                                                               after the end of the 1981 / 82 milk year , the sum paid on
                                                               tenders resulting from application of the procedure
                                                               referred to in item 12 of the Annex shall be increased at
                                                               the time of payment to reflect a multiplication of the
                                                               intervention price of butter , as expressed in the currency
HAS ADOPTED THIS REGULATION :                                  of the Member State in which the tender was submitted ,
                                                               by a factor of 1 • 22 in consequence of the Council's
                                                               decisions on common agricultural prices and
                                                               agri-monetary measures for the 1982 / 83 milk year .
                       Article 1
                                                                                        Article 2
In accordance with the provisions of Regulation ( EEC )
No 303 / 77 , the intervention agencies listed in the          This Regulation shall enter into force on the third day
Annex shall arrange for the delivery of butteroil as food      following its publication in the Official Journal of the
aid on the terms specified therein .                           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--- 8 . 4 . 82                                  Official Journal of the European Communities                                             No L 96 /3
                                                                  ANNEX f 1 )
                    Consignment                                      A                                                   B
   1.   Application of Council Regu­
        lations :
        ( a ) legal basis                                                 ( EEC ) No 1401 / 81 ( 1981 programme )
        ( b ) affectation                                                              ( EEC ) No 1402 / 81
   2.   Beneficiary                                                                           Licross
   3.   Country of destination                                     Rwanda                                                Haiti
   4.   Total quantity of the con­                               50 tonnes                                            50 tonnes
        signment
   5.   Intervention agency responsible                                                       German
        for delivery
    6.   Origin of the butteroil ( 2 )                                    To manufacture from intervention butter
   7.    Special characteristics and / or                    In 2-270 kg tins ,                                      In 5 kg tins ,
        packaging ( 3 )
                                                coated internally with food-can varnish or having undergone treatment giving equivalent
                                                                                            guarantees
    8.   Markings on the packaging              A red cross 10 x 10 cm and , in letters at            A red cross 10 x 10 cm and , in letters at
                                                least 1 cm high , the following markings:             least 1 cm high , the following markings:
                                                'Butteroil / Don de la Communáuté éco­                'Butteroil / Don de la Communauté éco­
                                                nomique européenne / Action de la Ligue               nomique européenne / Action de la
                                                des sociétés de la Croix-Rouge / Pour                 Ligue des sociétés de la Croix-Rouge /
                                                distribution gratuite au Ruanda / Kigali              Pour distribution gratuite a Haïti /
                                                               via Mombasa'                                         Port-au-Prince '
    9.   Delivery period                                                Loading as soon as possible and at the latest
                                                               31 May 1982                                          30 April 1982
  10 .    Stage and place of delivery             Delivered to Red Cross warehouse at                 Port of unloading Port-au-Prince ( deposi­
                                                   Nyamirambo , Kigali , Rwanda , via                         ted on quay or on lighters)
                                                             Mombasa , Kenya
  11 .    Representative of the beneficiary          Croix-Rouge Rwandaise, BP 425 ,                   Société nationale de la Croix-Rouge
         responsible for reception ( 4 )                   Kigali , Rwanda ( 5 ) ( 6 )                 Haïtienne , place des Nations unies ,
                                                                                                          BP 1337 , Port-au-Prince , Haïti ( 5 )
  12 .    Procedure to be applied to                                                     Mutual agreement
          determine the costs of supply
  13 .    Expiry of the time limit for
          submission of tenders
 ---pagebreak--- No L 96 /4                              Official Journal of the European Communities                                            8 . 4 . 82
                 Consignment                                                               C
 1.  Application of Council Regu­
     lations :
     ( a) legal basis                                                   ( EEC ) No 1401 / 81 ( 1981 programme )
     ( b ) affectation                                                            ( EEC ) No 1402 / 81
 2.  Beneficiary                                                                          Licross
 3.  Country of destination                                                              Morocco
 4.  Total quantity of the con­                                                          50 tonnes
     signment
 5.  Intervention agency responsible                                                      French
     for delivery
 6.   Origin of the butteroil ( 2 )                                    To manufacture from intervention butter
 7.  Special characteristics and / or       In 5 kg tins , coated internally with food-can varnish or having undergone treatment giving
     packaging ( 3 )                                                             equivalent guarantees
 8.   Markings on the packaging             A red crescent 10 cm high with the points towards the left and the following text in lettering
                                                                                    at least 1 cm high :
                                            'Butteroil / Don de la Communauté économique européenne / Action de la Ligue des
                                                 sociétés de la Croix-Rouge / Pour distribution gratuite au Maroc / Casablanca'
 9.   Delivery period                                        Loading as soon as possible and at the latest 30 April 1982
10 .  Stage and place of delivery                         Port of unloading Casablanca ( deposited on quay or on lighters)
11 .  Representative of the beneficiary                       Croissant-Rouge Marocain , BP 189 , Rabat , Maroc ( s ) ( 7 )
      responsible for reception ( 4 )
12 .  Procedure to be applied to                                                    Mutual agreement
      determine the costs of supply
13 .  Expiry of the time limit for                                                           —
      submission of tenders
 ---pagebreak--- 8 . 4 . 82                                  Official Journal of the European Communities                                          No L 96 /5
                    Consignment                                       F                                                G
   1.  Application of Council Regu­
       lations :
       (a) legal basis                                                     ( EEC ) No 1401 / 81 ( 1981 programme )
        ( b ) affectation                                                            ( EEC ) No 1402 / 81
   2.   Beneficiary                                                                                                Licross
   3.   Country of destination
                                                j                  Burundi                                           Peru
   4.   Total quantity of the con­                                50 tonnes                                       50 tonnes
        signment
   5.   Intervention agency responsible                                                     German
        for delivery
   6.    Origin of the butteroil (2 )                                     To manufacture from intervention butter
   7.    Special characteristics and / or                       In 5 kg tins,                                   In 2-270 kg tins ,
        packaging ( 3 )
                                                coated internally with food-can varnish or having undergone treatment giving equivalent
                                                                                          guarantees
   8.    Markings on the packaging              'Butteroil / Don de la Communauté éco­              A red cross 10 x 10 cm and , in letters at
                                                     nomique européenne au Burundi'                 least 1 cm high , the following markings :
                                                                                                    'Butteroil / Donación de la Comunidad
                                                                                                    económica europea / Acción de las Socie­
                                                                                                    dades de la Cruz-Roja / Destinado a la
                                                                                                     distribución gratuita en Peru / Callao'
   9.     Delivery period                                        Loading as soon as possible and at the latest 30 April 1982
 10 .     Stage and place of delivery                       Delivered Bujumbura                     Port of unloading Callao (deposited on
                                                                                                                quay or on lighters)
 11 .     Representative of the beneficiary      M. Kakunze Venant , Directeur de la                Cruz-Roja Peruana , Chancay 881 , Lima ,
         responsible for reception (4 )          laiterie centrale de Bujumbura , BP 979 ,                            Peru ( 5 )
                                                            Bujumbura , Burundi
 12 :     Procedure to be applied to                                                   Mutual agreement
          determine the costs of supply
 13 .     Expiry of the time limit for
          submission of tenders
 ---pagebreak--- No L 96/6                              Official Journal of the European Communities                                            8 . 4 . 82
                 Consignment                                      H                                              I
 1.  Application of Council Regu­
     lations :
     ( a) legal basis                       ( EEC ) No 1401 / 81 ( 1981 programme )           ( EEC ) No 1401 / 81 ( 1981 programme )
     ( b ) affectation                        ( EEC ) No 1402 / 81 ( general reserve )                   ( EEC ) No 1402 / 81
 2.  Beneficiary
 3.  Country of destination
                                          j-                   Angola                                           Guyana
 4.  Total quantity of the con­                              200 tonnes                  ·                    100 tonnes
     signment
 5.  Intervention agency responsible                           French                                           German
     for delivery
 6.  Origin of the butteroil (2 )                                     To manufacture from intervention butter
 7.  Special characteristics and / or      In 5 kg tins, coated internally with                              See note ( 9 )
     packaging ( 3 )                       food-can varnish or having undergone
                                             treatment giving equivalent guarantees
 8.  Markings on the packaging             'Butteroil / Dom da Comunidade econó­             'Butteroil / Gift of the European Econo­
                                                 mica europeia a favor de Angola'                   mic Community to Guyana'
 9.  Delivery period                                         Loading as soon as possible and at the latest 30 April 1982
10 . Stage and place of delivery           Port of unloading Lobito ( deposited on           Community port of loading operating a
                                                       quay or on lighters )                 regular service with the recipient country
                                                                                                                   ( 10 )
11 . Representative of the beneficiary     Secretaria    de    estado   dos  assuntos ,                             —
     responsible for reception ( 4 )               Sociais , Luanda , RP Angola
12 . Procedure to be applied to                                                  Mutual agreement
     determine the costs of supply
13 . Expiry of the time limit for
     submission of tenders
 ---pagebreak--- 8 . 4 . 82                                Official Journal of the European Communities                                      No L 96/7
                   Consignment                                                              K
  1.   Application of Council Regu­
       lations :
       ( a ) legal basis                                                 ( EEC ) No 1401 / 81 ( 1981 programme )
       ( b ) affectation                                                           ( EEC ) No 1402/ 81
  2.   Beneficiary                                                                        Licross
  3.   Country of destination                                                             Guyana
  4.   Total quantity of the con­                                                        50 tonnes
       signment
  5.   Intervention agency responsible                                                     French
       for delivery
  6.    Origin of the butteroil (2 )                                    To manufacture from intervention butter
  7.   Special characteristics and / or       In 2 · 270 kg tins, coated internally with food-can varnish or having undergone treatment
       packaging ( 3 )                                                         giving equivalent guarantees
  8.    Markings on the packaging             A red cross 10 x 10 cm and, in letters at least 1 cm high , the following markings:
                                              'Butteroil / Gift of the European Economic Community / Action of the League of Red Cross
                                                               Societies / For free distribution in Guyana / Georgetown'
  9.    Delivery period                                       Loading as soon as possible and at the latest 30 April 1982
10 .    Stage and place of delivery                        Port of unloading Georgetown (deposited on quay or on lighters)
11 .    Representative of the beneficiary              Guyana Red Cross Society, PO Box 10 524, Georgetown, Guyana ( 5) ( n )
        responsible for reception ( 4 )
12 .    Procedure to be applied to                                                   Mutual agreement
        determine the costs of supply
13 .    Expiry of the time limit for                                                          —
        submission of tenders
 ---pagebreak--- No L 96/8                                 Official Journal of the European Communities                                                     8 . 4 . 82
                 Consignment                          L                                       M                                  N
 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
                                       }                                                    India
 4.  Total quantity of the con­                  500 tonnes                              600 tonnes                           601 tonnes
     signment
 5.  Intervention agency responsible                     Will result from  application of the procedure referred to in point 12
     for delivery
 6.  Origin of the butteroil ( 2 )                     To manufacture from butter or cream bought on the Community market
 7.  Special characteristics and / or            See note ( 9 )                        In 20 kg tins,            |           In 5 kg tins,
     packaging ( 3 )                                                         coated internally with food-can varnish or having undergone
                                                                                              treatment giving equivalent guarantees
 8.  Markings on the packaging         'Butteroil supplied to the Indian Dairy Corporation under the food-aid programme of the European
                                                                           Economic Community / Bombay'
 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 ( 10 )
11 . Representative of the beneficiary                                                        —
     responsible for reception ( 4 )
12 . Procedure to be applied to                                                            Tender
     determine the costs of supply
13 . Expiry of the time limit for                                               12 noon on 26 April 1982
     submission of tenders
 ---pagebreak--- 8 . 4 . 82                                Official Journal of the European Communities                                       No L 96/9
                   Consignment                                     O                                              P
  1.   Application of Council Regu­
       lations :
       ( a ) legal basis                                                ( EEC ) No 1401 / 81 ( 1981 programme )
       ( b ) affectation                                                           ( EEC ) No 1402 / 81
  2.   Beneficiary
                                                                                           India
  3.   Country of destination
  4.   Total quantity of the con­                             600 tonnes                                       600 tonnes
       signment
  5.   Intervention agency responsible                   Will result from application of the procedure referred to in point 12
       for delivery
  6.    Origin of the butteroil ( 2 )                 To manufacture from butter or cream bought on the Community market
  7.   Special characteristics and / or                     In 20 kg tins ,                                   In 5 kg tins ,
       packaging ( 3 )
                                              coated internally with food-can varnish or having undergone treatment giving equivalent
                                                                                        guarantees
  8.    Markings on the packaging             'Butteroil supplied to the Indian Dairy Corporation under the food-aid programme of the
                                                                      European Economic Community / Calcutta'
  9.    Delivery period                                                           Loading in June 1982
10 .    Stage and place of delivery             Community port of loading operating a re jular service with the recipient country ( 10 ) .
11 .    Representative of the beneficiary
        responsible for reception ( 4 )
12 .    Procedure to be applied to                                                         Tender
        determine the costs of supply
13 .    Expiry of the time limit for                                            12 noon on 26 April 1982
        submission of tenders
 ---pagebreak--- No L 96 / 10                             Official Journal of the European Communities                                          8 . 4 . 82
                  Consignment                                                               Q
  1.  Application of Council Regu­
      lations :
      (a) legal basis                                                   ( EEC ) No 1401 / 81 ( 1981 programme)
      ( b ) affectation                                                   ( EEC ) No 1402 / 81 ( general reserve )
  2.  Beneficiary                                                                           NGO
  3.  Country of destination                                                                Angola
  4.  Total quantity of the con­                                                          250 tonnes
      signment
  5.  Intervention agency responsible                                                      German
      for delivery
  6.   Origin of the butteroil (2 )                                                   Intervention stock
  7.   Special characteristics and / or      In 5 kg tins , coated internally with food-can varnish or having undergone treatment giving
      packaging ( 3 )                                                               equivalent guarantees
  8.   Markings on the packaging             'Butteroil / Dom da Comunidade económica europeia / Acção do War on Want /
                                             Destinado à distribuição gratuita aos refugiados Namibianos em Angola / WOW /
                                                                                       83607 / Lobito'
  9.   Delivery period                                                             Delivery in June 1982
10 .   Stage and place of delivery               Community port of loading operating a regular service with the recipient country
11 .   Representative of the beneficiary     CEBEMO , Van Alkemadelaan 1 , NL-2597 AA Den Haag (telex 34278 CEMEC NL ;
       responsible for reception (4 )                                         tel . 24 17 44 / 24 45 95 ) ( 13 )
 12 .  Procedure to be applied to                                                           T ender
       determine the costs of supply
 13 .  Expiry of the time limit for                                              12 noon on 26 April 1982
       submission of tenders
 ---pagebreak--- 8 . 4 . 82                                 Official Journal of the European Communities                                      No L 96/ 11
                    Consignment                                                              R
   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                                    Republic ofBangladesh
   4.   Total quantity of the con­                                                      3 000 tonnes ( 12 )
        signment
   5.   Intervention agency responsible                    Will result from application of the procedure referred to in point 12
        for delivery
   6.    Origin of the butteroil ( 2 )                 To manufacture from butter or cream bought on the Community market
   7.    Special characteristics and / or      In 5 kg tins, coated internally with food-can varnish or having undergone treatment giving
        packaging ( 3 )                                                             equivalent guarantees
   8.    Markings on the packaging                       'Butteroil / Gift of the European Economic Community to Bangladesh'
   9.    Delivery period                                                            Loading in July 1982
 10 .    Stage and place of delivery                         Port of unloading Chittagong (deposited on quay or on lighters)
 11 .    Representative of the beneficiary     Ministry of Food , Controller of Movement and Storage , Department of Food , 16 A Deri
         responsible for reception (4 )                                            Ghanie Road , Dacca ( 13)
 12 .    Procedure to be applied to                                                          Tender
         determine the costs of supply
 13 .    Expiry of the time limit for                                             12 noon on 24 May 1982
         submission 'of tenders
 ---pagebreak--- No L 96 / 12                                Official Journal of the European Communities                                     8 . 4 . 82
             Notes:
              i 1 ) 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 ) In cases where the goods come from intervention stocks , an additional notice stating the warehouses
                    where the product is stored will be published in the 'C' edition of the Official Journal of the
                    European Communities .
              ( 3 ) Other than those set out in Annex II to Regulation ( EEC) No 303 / 77 .
              ( 4 ) Only in the case of delivery 'to the port of unloading' and 'free at destination'; see Article 5 and the
                    last indent of Article 13 ( 1 ) of Regulation (EEC ) No 303 / 77 .
              ( s ) The bill of lading must contain the following information:
                     NOTIFY-ADDRESS :
                    ( a ) Destinatare ;
                    ( b ) Ligue des sociétés de la Croix-Rouge ,
                          BP 276 ,
                          CH-1211 Geneve 19 ,
                          telex 22555 CH .'
                    The successful tenderer must send two copies of the dispatch documents to:
                    M. Burtin ,
                    Ligue des sociétés de la Croix-Rouge ,
                    BP 276 ,
                    CH-1211 Geneve 19 .
              ( 6 ) The successful tenderer must send one copy of the dispatch document to :
                    Delegation of the Commission of the European Communities ,
                    BP 515 ,
                    Kigali , Rwanda .
              ( 7) The successful tenderer must send one copy of the dispatch document to:
                    Délégation de la Commission des Communautés européennes ,
                    BP 1302 ,
                    Kaba-Agdal , Maroc.
              ( 8 ) The successful tenderer must send one copy of the dispatch document to :
                    Delegation of the International Committee of the Red Cross ,
                    PO Box 2363 ,
                    Khartoum , Sudan .
              ( 9 ) In new bunged metal drums , coated inside with food-can varnish or having been subject to a
                    procedure giving equivalent guarantees , of 190 to 200 kg ( to be indicated in the tender ) 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 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 drum must
                    be fully leakproof.
             ( 10 ) 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 .
             ( n ) The successful tenderer must send one copy of the dispatch documents to :
                    Delegation of the Commission of the European Communities,
                    PO Box 10847 ,
                    Georgetown , Guyana .
             ( 12 ) In cases where the total quantity of a lot is a multiple of 500 tonnes, the tender submitted may relate
                    to a partial quantity of 500 tonnes or to a multiple of 500 tonnes ; see Article 14 ( 2 ) of Regulation
                    ( EEC ) No 303 / 77 .
             ( 13 ) The successful tenderer shall send to:
                    MM . M. H. Schutz BV ,
                    Insurance Brokers ,
                    Blaak 16 ,
                    NL-3011 TA Rotterdam ,
                     on delivery , a copy of the commercial invoice in respect of each part-quantity . The successful
                     tenderer shall send to the beneficiaries' agents , on delivery , a certificate of origin and a health
                    certificate made out in Portuguese .