CELEX: 31973R1412
Language: en
Date: 1973-05-25 00:00:00
Title: Regulation (EEC) No 1412/73 of the Commission of 25 May 1973 concerning the supply of butteroil for shipment to certain third countries as a measure of Community aid to UNRWA

No L 142/20                                   Official Journal of the European Communities                               29 . 5 . 73
                                   REGULATION (EEC) No 1412/73 OF THE COMMISSION
                                                              of 25 May 1973
               concerning the supply of butteroil for shipment to certain third countries as a measure
                                                     of Community aid to UNRWA
THE COMMISSION OF THE EUROPEAN                                           HAS ADOPTED THIS REGULATION :
COMMUNITIES ,
                                                                                                   Article 1
Having regard to the Treaty establishing the Euro­
pean Economic Community ;                                                1.      There shall be put up for tender, in accor­
                                                                         dance with the provisions of this Regulation, the
                                                                         supply of 2 000 metric tons of butteroil for
Having regard to Council Regulation ( EEC ) No 804/                      UNRWA, produced from butter having been
68 (*) of 27 June 1968 on the common organization                        bought in accordance with Article 6 ( 1 ) of Regula­
of the market in milk and milk products, as last                         tion (EEC ) No 804/68 .
amended by the Act (2 ) concerning the conditions of
Accession and the adjustments to the Treaties, and                       2.      The shipment shall be on a cif basis . It will be
in particular Article 6 (7) thereof ;                                    divided into two lots :
                                                                         ( a ) The Port of Beirut (Lebanon) — 1 200 metric
Whereas Council Regulation (EEC ) No 1692/72 (3)                                tons ,
of 2 August 1972, laying down general rules for                           ( b ) The Port of Ashod ( Israel ) — 800 metric tons .
the supply of milk to the "World Food Programme
and to UNRWA , provides for the supply to the                            3.      The shipment envisaged in paragraph 2 shall
United Nations Relief Works Agency, known                                take place on a date to be specified by the interven­
hereafter as UNRWA, of 2 000 metric tons of butter­                      tion agency, after 15 and before 31 July 1973 .
oil, produced from butter held by the intervention
agencies ; whereas, UNRWA has requested that this
 supply be fulfilled ;                                                                             Article 2
                                                                          1.      The invitation to tender envisaged by Article 1
Whereas this supply , in accordance with Regulation                      shall be undertaken by the German intervention
 (EEC) No 1692/72 Article 2 (2 ) shall be fulfilled                      agency. The latter shall give notice of an invitation
 according to the provisions of the tender procedure                      to tender whose publication in the Official Journal
which the competent agencies of the Member States                         of the European Communities shall be made at least
 shall follow for this purpose ;                                         eight days before the closing date fixed for the
                                                                          submission of tender.
 Whereas so far as the tender procedure is concerned,                     2 . The closing date for the receipt of tenders
 it is essential to repeat that established by Commis­                    shall be 12 June 1973 at 12 noon .
 sion Regulation ( EEC ) No 2537/72 (4) of 4
 December 1972, concerning the tender procedure                           3.      The relevant intervention agency, in its notice
 for the supply of butteroil for shipment to the                          of invitation to tender, shall indicate the storage
 World Food Programme, as amended by Regula­                              depots where the butter which is to be manufac­
 tion ( EEC ) No 453 /73 (5) ;                                            tured into butteroil is in stock and shall make the
                                                                          necessary provisions to allow interested parties, to
 Whereas the measures provided for in this Regula­                        examine at their own cost, before submitting a
 tion are in accordance with the Opinion of the                           tender, samples taken from the butter.
 Management Committee for Milk and Milk
 Products :                                                                                        Article 3
                                                                           The invitation to tender shall be open to processing
                                                                           undertakings approved for this purpose by the
 (!)  OJ No   L  148 , 28 . 6 . 1968 , p . 13 .                            Member State on whose territory the processing is
  (») OJ No   L  73 , 27. 3 . 1972 , p . 14 .                              to take place. Only those undertakings which can
 ( 3) OJ No   L  178 , 5 . 8 . 1972 , p . 1 .
  {*) OJ No   I. 272, 5 . 12 . 1972 , p . 15 .                             fulfill the obligations provided for in this Regula­
  (5) OJ No   L  53 , 26. 2 . 1973 , p . 4 .                               tion may be approved .
 ---pagebreak--- 29 . 5 . 73                            Official Journal of the European Communities                           No L 142/21
                           Article 4                                                        Article 6
1.       Tenders shall be submitted either in writing and         1 . The delivery costs are the costs involved up to
handed in against a - receipt to the intervention                 the point where the goods are effectively deposited
agency or sent by registered letter or by telex to the            on the quay of the port of disembarkation or on
intervention agency.                                              lighters where the latter system is used, it being
                                                                  understood that the benefitting organization shall
2.       Each tender cannot be for more than one lot .            bear all the costs arising from the delivery of the
                                                                  goods including reception costs .
3.       The tender shall indicate :
                                                                  2 . Demurrage costs at the port of disembarkation
(a) The name and address of the tenderer ;                        arising from delays which are the fault of the bene­
                                                                  fitting organization are to the cost of the latter. The
(b) The amount, expressed in German Marks for                     rates and methods fixed in the contract between
       which the tenderer undertakes to deliver butter­           the successful tenderer and the transporter, must
       oil cif to the port of Beirut or Ashod as appro­           have been previously agreed between the successful
       priate. This amount shall include the purchase              tenderer and the receiving authorities of the benefit­
       price of the butter in accordance with the condi­          ting organization .
       tions defined in Article 10 ( 1 ), the costs of
       processing, packing, transporting and delivering
       the butter envisaged in Article 6 ;                                                  Article 7
(c) one or more of the warehouses, chosen from                     1 . The German intervention agency shall take
       the list of warehouses for each lot from which
                                                                   necessary measures to ensure that the successful
       the tenderer wishes to collect the butter ;                 tenderer can take delivery of the butter necessary
(d) the port of embarkation of the butteroil chosen                for processing into butteroil , from the warehouse
                                                                   indicated in his tender.
       from one of the Community ports.
                                                                   2.     Butteroil delivered under the title of the supply
4.       A tender shall be valid only if it relates to an
                                                                   in question must be manufactured exclusively from
entire lot put up for tender.
                                                                   butter for which delivery was taken by the
                                                                    successful tenderer from the intervention agency.
5.       Each tender must be accompanied by :
 (a) A document certifying the approval envisaged in                                         Article 8
        Article 3 ;
                                                                   Taking account of the tenders received and in accor­
 (b) An undertaking from the tenderer that he will                 dance with the procedure of Article 30 of Regula­
        respect the conditions provided for in Article 6           tion (EEC) No 804/68 , an amount shall be fixed:
        (2) and Article 10 ;                                        expressed in units of account or else a decision shall
                                                                    be taken not to proceed with the individual applica­
 (c) A declaration by the tenderer according to                     tion to tender.
        which he will forgo any claim regarding the
        quality and characteristics of the butter eventu­
        ally sold ;                                                                          Article 9
  ( d) Proof that the security envisaged in Article 5
                                                                    1.    The tender shall be refused if the amount
        has been lodged before the final date for submis­
        sion of offers .                                            proposed converted into units of account is more
                                                                    than the maximum amount valid for the lot in
                                                                    question.
                             Article 5
                                                                    2. Without prejudice to the provisions of para­
  1 . The security required for the invitation to                   graph 1 , the successful tenderer is the one who
 tender shall be 10 units of account per metric ton of              presents the lowest offer amount. Where several
 butteroil .                                                        offers for the same amount converted into units of
                                                                    account are taken into consideration, the award of
 2.       It shall take the form, at the choice of the              the tenderer shall be by drawing lots.
 German intervention agency, of either a cheque
 made out in favour of the intervention agency, or a                3.    Each tenderer shall be immediately notified by
 bank guarantee corresponding to the criteria fixed                 the intervention agency of the result of his participa­
  by this Member State.                                             tion in the invitation to tender.
 ---pagebreak---   No L 142/22                         Official Journal of the European Communities                               29. 5 . 73
 4.       Rights and obligations arising from awards                 been fulfilled, they shall provide to the successful
  shall not be transferable.                                         tenderer, an equivalent attestation.
                           Article 10
                                                                                            Article 13
  1.      The purchase price of the butter is fixed at
  176 units of account per 100 kg ex coldstore.                 Where the processing of the butter or the export of
                                                                the oil takes place in another Member State than
 2. Subject to the reservation in the provisions of             that which is selling the butter, the proof of exporta­
 Article 14, the successful tenderer shall pay for the          tion must be provided by the production of the
 butter for which he takes delivery within 45 days              copy of the control document envisaged in Article 1
 following the time limit fixed in Article 1 (3 ) for the       of Commission Regulation (EEC) No 2315/69 of 19
 delivery cif of the butteroil.                                 November 1969, concerning the use of Community
                                                                transit documents arising from the application of
                                                                Community measures following the control of use
                          Article 11                            and/or destination of goods.
 1.       The successful tenderer shall, by the date fixed      The boxes numbered 101 , 103 and 104 in the
 in accordance with Article 1 (3 ), complete the                control copy shall be completed. Box number 104 .
 delivery cif Beirut or Ashod, whichever is the case,           shall be completed by striking out the unnecessary
 of the quantities of butteroil concerned, meeting the          references and setting out under the second para­
 conditions of quality, packaging and marking                   graph one of the following phrases :
provided in the Annex to Regulation (EEC ) No
2537/72, taking account of the adaptations defined
in paragraph 2 . The delivery cif shall be taken as             ( a) if the butter is to be processed in another
completed when the goods are effectively deposited                     Member State :
on the quay of the port of disembarkation or on
 lighters when the latter system is used .                             'Beurre destiné
                                                                       1 . å étre transformé en butteroil
2.        The butteroil shall be packed in accordance
with heading II of the Annex to Regulation (EEC)                      2, puis à être exporté au bénéfice de l'UNRWA
No 2537/72, in 20 kg metal containers. The refer­                          au titre du règlement ( CEE) no 1412/73 '
ence in heading II point 3 ( b) of the Annex to Regu­                 'Butter bestimmt
lation (EEC) No 2537/72 is, however, replaced by
the following reference in the French language :                       1 . zur Verarbeitung zu butteroil
'Don de la Communaute economique europeenne
— Action        office  de secours    et  de travaux   des            2 . alsdann      zur   Ausfuhr   zu   Gunsten     der
Nations Unies pour les réfugiés de Palestine.'                             UNRWA gemäß der Verordnung (EWG) Nr.
                                                                           1412/73 '
3.        The successful tenderer shall accord with all               'Burro destinato
quantitative controls issued by UNRWA. He shall
provide, to this end, a list summarizing the lots                     1 . ad essere trasformato in butteroil
making up the supply.                                                 2. ad essere esportato a beneficio dell'UNRWA '
                                                                           a titolo del regolamento ( CEE) n. 1412/73 '
                          Article 12
                                                                      'Boter bestemd
Where the processing of butter into butteroil takes                   1 . om te worden verwerkt tot butteroil
place in the Member States selling the butter, the                    2 . om nadien te worden uitgevoerd ten behoeve
following provisions are applicable :                                      van de UNRWA krachtens Verordening
 1 . The competent agency of the Member State shall                        ( EEC) Nr. 1412/73 '
     provide control of the manufacture and pack­
                                                                      ' Butter destined
     aging of the butteroil as envisaged by Article 3
     ( b ) of Regulation ( EEC ) No 1692/72 following                 1 . to be processed into butteroil
     the conditions envisaged in Article 7 (2 ).
                                                                      2 . then to be exported for the benefit of
2. If the agency concerned, considers at the end of                        UNRWA in accordance with Regulation
     this control    that the relevant conditions have                     ( EEC) No 1412/73 '
 ---pagebreak--- 29 . 5 . 73                           Official Journal of the European Communities                          No L 142/23
     'Smør bestemt til                                           object of the individual application to tender has
                                                                 been received within the time limits prescribed.
     1 . fremstilling af butteroil
     2. hereafter eksport til gunst for UNRWA i
         overensstemmelse med forordning (EØF) nr.                                      Article 15
         1412/73 '.
                                                                 1.    Upon presentation of the documents envis­
Where the export control envisaged under 2 is                    aged :
completed in another Member State than that where
                                                                 — in Articles 12 (2) and 14 in the case where the
the processing took place, as envisaged in 1 , the
customs' office which controlled the processing                      processing of the butter and export of the butter­
envisaged under 1 , shall send the control copy to                   oil has taken place in the territory of the selling
                                                                     Member State,
the export office of the Member State selling the
butter, indicating that it has only controlled the               — in Articles 12 (2), 13 (b) and 14 in the case
processing envisaged under 1 and shall deliver to                    where the processing of butter into butteroil is
the interested party, a copy of the control as envis­                completed in the territory of the Member State
aged in Article 1 of Regulation (EEC) No 2315/69                     selling the butter and where the export takes
with Boxes 101 , 103 , 104 and 106 completed. Box                    place in another Member State.
104 shall include one of the references indicated                — in Articles 13 ( a) and 14 in the case where the
under (b) below ; Box 106 shall include the control                  processing into butteroil takes place in another
copy number provided by the export office of the                     Member State than that selling the butter,
Member State selling the butter as well as the name
of that office . The Customs office which controlled             the competent agency of the Member State where
the destination     envisaged under 2 shall annotate the         the processing into butteroil took place, shall cancel
control copy          provided by the office which               the obligation of the successful tenderer to pay the
controlled the       processing envisaged under 1 and            purchase price of the butter for which delivery was
shall send this     copy via the aforesaid office to the         taken up to the amount indicated in the tender and
export office       of the Member State selling the              shall pay to him, within 15 days calculated from the
butter ;                                                         day of the presentation of the certifying documents
                                                                 envisaged above, the difference between these two
 (b) if the butter processed into butteroil is to be             amounts, if this difference is to the advantage of the
      exported from another Member State :                       successful tenderer.
      'Butteroil destiné à être exporté au bénéfice de           In the case where this cancellation takes place in
      l'UNRWA, au titre du règlement ( CEE) no                   another Member State than that selling the butter,
      1412/73 '                                                  the competent agency of the first Member State
                                                                 shall immediately notify- to the competent agency of
      'Gemäß der Verordnung (EWG ) Nr. 1412/73                   the Member State selling the butter, the amount to
      zu Gunsten der UNRWA auszuführendes butter­
                                                                 which this cancellation relates .
     oil '
      'Butteroil destinato ad essere esportato a bene­
                                                                 2. Moreover, the competent agency of the
     ficio dell'UNRWA, in virtù del regolamento
                                                                 Member State upon whose territory the processing
      (CEE) n . 1412/73 '
                                                                 has taken place, shall ensure within 60 days at the
      'Butteroil bestemd om te worden uitgevoerd                 most, that a presumptive contribution of 15 units of
      ten behoeve van de UNRWA, overeenkomstig                   account per metric ton of butteroil taken delivery
      Verordening nr. 1412/73 '                                  of, is paid to UNRWA for the forwarding and distri­
                                                                 bution of the butteroil .
      'Butteroil destined to be exported for the
      benefit of UNRWA in accordance with Regula­
      tion (EEC) No 1412/73 '                                                            Article 16
      'Butteroil bestemt til eksport til gunst for               Except in cases of force majeure, the successful
      UNRWA i overensstemmelse med forordning                    tenderer shall accept all financial responsibility
      (EØF) nr. 1412/73 '                                        which would have been borne by the Community
                                                                 for non delivery of the butteroil to the place and by
                                                                 the time desired, UNRWA having made possible
                           Article 14                            delivery to the place and by the time desired. The
                                                                 costs resulting from a non-delivery of butteroil
After the delivery cif in accordance with the condi­             following a case of force majeure shall be borne by
tions envisaged in Article 11 , UNRWA shall deliver              the competent agency of the Member State where
 a certification certifying that the lot which was the           the processing has taken place.
 ---pagebreak---  No L 142/24                        Official Journal of the European Communities                          29 . 5 . 73
                         Article 17                           3.    In cases of force majeure, the intervention
                                                               agency selling the butter shall determine the
1 . Except in the case of force majeure, the secu­            measures necessary in view of the circumstances
rity required for the invitation to tender envisaged           invoked.
in Article 5 , shall only be released :
                                                                                        Article 18
( a) if the tender has not been pursued,
                                                              No refund and no compensatory amount shall
                                                               apply to the butter and butteroil referred to in this
(b ) If the tenderer has not withdrawn his tender              notice .
     before the contract is awarded and if the docu­
     ments referred to in Article 15 ( 1 ) paragraph
                                                                                        Article 19
     one, or three as appropriate have been supplied
     to the intervention agency.
                                                              This Regulation shall enter into force on the third
                                                              day following its publication in the Official Journal
2.     The security shall be released immediately.            of the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 25 May 1973 .
                                                                         For the Commission
                                                                             The President
                                                                        Francois-Xavier ORTOLI