31972R1519

718 Official Journal of the European Communities

18.7.72 Official Journal of the European Communities No L 162/ 1

REGULATION (EEC) No 1519/72 OF THE COMMISSION of 14 July 1972

on the sale by tender of butter at reduced prices for the exportation of certain fat compounds

THE COMMISSION OF THE EUROPEAN COM­ Whereas the sale of butter at a reduced price for the MUNITIES, exportation of certain fat compounds constitutes such a measure ; whereas, to ensure that all purchasers have equal access to the butter and to Having regard to the Treaty establishing the keep a check on the quantities disposed of, the European Economic Community; standard tendering procedure should be followed;

Having regard to Council Regulation (EEC) No Whereas, if there are several invitations to tender for 804/681 of 27 June 1968 on the common organization the disposal of butter at reduced prices, the order in of the market in milk and milk products, as last which they are held should be determined so that the amended by Regulation (EEC) No 1411 /71,2 and in quantities of butter to be considered available in a particular Articles 6 (7) and 28 thereof; cold storage depot may be established for each sale;

Having regard to Council Regulation (EEC) No Whereas a system of supervision should be set up to 985 /6S3 of 15 July 1968 laying down general rules for ensure that the butter is not diverted from its intervention on the market in butter and cream, as destination ; whereas the supervision must operate last amended by Regulation (EEC) No 1075/71,4 and from the time the butter- is removed from storage in particular Article 7a thereof; until it is exported; whereas the lodging of a deposit, the denaturing of the butter and its processing into Having regard to Council Regulation (EEC) No specific fat compounds, with on the spot inspection 974/715 of 12 May 1971 on certain measures of of the manufacture of those products and the use of conjunctural policy to be taken in agriculture distinctive packings, may contribute to this end; following the temporary widening of the margins of fluctuation for the currencies of certain Member States, and in particular Article 6 thereof; Whereas provision should be made for manufacture of the fat compounds to take place in a single establishment approved by the relevant Member State Whereas the situation on the Community butter so that diversion during manufacture can be avoided; market is marked by large stocks following whereas however, Member States should be free to intervention under Article 6 ( 1 ) of Regulation (EEC) make exceptions to this rule under certain conditions No 804/68 ; so that effect may be given to national regulations which prohibit the handling of butyric and Whereas it will not be possible to dispose of these non-butyric fats in the same establishment; stocks of butter on normal terms during the present marketing year; whereas prolonged storage should be I avoided because of the high cost involved; whereas Whereas if the butter is processed in a Member State measures should therefore be adopted to facilitate other than the selling Member State, provision disposal of the butter; should be made for checking the use or destination by means of the control copy provided for in the Commission Regulation (EEC) No 23 15 /69® of 19 1 OJ No L 148, 28.6.1968, p. 13 . November 1969 on the use of Community transit 2 OJ No L 148, 3.7.1971, p: 4. documents for the purpose of applying Community 3 OJ No L 169, 18.7.1968, p. 1 . 4 OJ No L 116, 28.5.1971, p. 1 . 5 OJ No L 106, 12.5.1971, p. 1. 6 OJ No L 295, 24.11.1969, p. 14.

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measures for verifying the use and/or destination of (c) the time limit and the place for submission of goods, as amended by Regulation (EEC) No 595/7 11 ; tenders .

2 . The notice of invitation to tender shall be Whereas provision should be made for proof o£ arrival in one of the destination countries to * be published in the Official Journal of the European furnished in accordance with Article 8 ( 1 ) of Communities at least eight days before the first time Commission Regulation No 1041/67/EEC2 of 21 limit for the submission of tenders. In addition, the December 1967 on detailed rules for the application intervention agency may publish notices elsewhere. of export refunds on products subject to a single price system, as last amended by Regulation (EEC) No 1504/713 ; Article 4

Whereas, as regards the compensatory amounts fixed 1 . During the period of validity of the standing pursuant to Regulation (EEC) No 974/71 , account invitation to tender, the intervention agency shall should be taken of the value of the products . issue individual invitations. Each individual invitation concerned ; to tender shall cover such part of the butter specified in Article 1 as is still available. Whereas provision should now be made for measures which take account of the entry into force of the 2. The time limit for the submission of tenders in Treaty concerning the accession of the Kingdom of response to the first individual invitation to tender Denmark, Ireland, the Kingdom of Norway, and the shall expire at 1200 hours on 12 September. United Kingdom of Great Britain and Northern Ireland to the European Economic Community and The time limit for the submission of tenders in to the European Atomic Energy Community; response to subsequent invitations to tender shall expire at 1200 hours on the second and fourth Whereas the measures provided for in this Regulation Tuesday of the month. If the Tuesday is a public are in accordance with the Opinion of the holiday, the time limit shall be extended until 1200 Management Committee for Milk and Milk hours on the following working day. Products ;

Article5¶

Article 1 1 . The intervention agency shall update and make available to interested parties on request the list provided for in Article 3 (b) of the quantities of Butter bought in under Article 6 ( 1 ) of Regulation butter for sale by tender in each cold storage depot. (EEC) No 804/68 and taken into storage before 1 The intervention agency shall also publish a regular May 1972 shall be sold. up-to-date list in an appropriate form to be specified in the notice of invitation to tender provided for in Article 2 Article 3 .

The butter shall be sold by means of a standing 2. The intervention agency shall take the measures invitation to tender, opened by each intervention necessary to enable interested parties to examine, at agency for the quantities of the butter in question their own expense and before tendering, samples of held by it. the butter for sale.

Article 3 Article 6 1 . The intervention agency shall issue a notice of invitation to tender indicating in particular: An undertaking may not take part in the invitation to tender unless : ( a) the location of the cold storage depot or depots where the butter is held; — it carries out one of the processes provided for in (b) the quantities of butter for sale in each depot; Article 19 and is approved for that purpose by the Member State in whose territory the operations take place, and 1 OJ No L 69, 23.3.1971, p. 7. 2 OJ No 314, 23.12.1967, p. 9. — it undertakes to abide by the conditions laid 3 OJ No L 158, 15.7.1971, p. 17. down in Articles 19, 22 and 23 .

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Article 7 2. It shall be paid, according, to the preference of the Member State, either in the form of a cheque 1 . Tenders shall be submitted either personally, in addressed to the intervention agency, or in the form writing, against receipt, to the intervention agency or of a guarantee complying with criteria laid down by by registered letter addressed to the intervention the Member State in question. agency. The intervention agency may also authorise the use of telex facilities . Article 9 2. ' The tender shall state : (a) the name and address of the tenderer, In the light of the tenders received in response to each individual invitation to tender, and in (b) the quantity to which the tender relates, accordance with the procedure laid down in Article (c) the use to be made of that quantity, in 30 of Regulation (EEC) No 804/68 , a minimum accordance with Articles 19 (2) ( a) or (b ); a selling price shall be fixed for each of the uses tender may relate to one of these uses only, referred to in Article 19 (2) (a) and (b), or a decision shall be taken not to proceed with the invitation to (d) the price offered per metric ton, excluding tender. internal taxes, ex-cold storage depot where the butter is held, expressed in the currency of the Member State in which the invitation to tender is Article 10 opened, » (e) the cold storage depot in which the butter is held. At the same time as the minimum selling price is fixed and by the same procedure, the amount of the A tender relating to several cold storage depots shall deposit provided for in Article 15 shall be fixed per be considered to comprise as many tenders as the 100 kilogrammes. cold storage depots mentioned . Article 11 3 . A tender shall not be valid unless it relates to at least 100 metric tons . 1 . The tender shall be rejected if the price offered However, if the quantity available in a cold storage is lower than the minimum price valid for the depot is less than 100 metric tons, the available relevant, individual invitation to tender. quantity shall constitute the minimum quantity for the tender. 2. "Without prejudice to paragraph 1 , the contract shall be awarded to the tenderer offering the highest 4 . A tender shall not be valid unless : price. (a) it is accompanied by the written undertakings referred to in the second indent of Article 6 ; If the quantity available in the cold storage depot is not used up by this award, the contract for the (b) the tenderer includes a declaration that he will remaining quantity shall be awarded to the other forgo any claim regarding the quality and tenderers according to the price offered, starting with characteristics of any butter sold ; the highest. (c) proof is furnished before the time limit for submission of tenders expires that the tenderer 3 . Where acceptance of a tender would lead to the has lodged a tendering deposit in respect of the quantity remaining available at the cold storage relevant individual invitation to tender. depot in question being exceeded, the contract shall be awarded to the tenderer in question only in 5 . A tender may stipulate that it shall not be respect of the quantity available. considered to have been submitted unless the contract is awarded in respect of the entire quantity indicated in the tender. 4. Where acceptance of several tenders at the same price would lead to the quantity available being exceeded, the contract shall be awarded by lot. 6. A tender may not be withdrawn.

5 . Where the acceptance of several tenders Article 8 submitted for both of the uses referred to in Article 19 (2) would lead to the quantity available being 1 . The tendering deposit shall be 10 units of exceeded, a tender indicating the use described under account per metric ton. (a) shall be given priority.

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Article 12 the notification referred to in Article 14 ( 1 ). The butter may be taken over in stagey. For the purposes of this Regulation, the quantity of butter considered to be available shall be the quantity Except in cases of force majeure, if the successful of butter stored in the cold storage depot in question tenderer has not taken over the butter within the set after the award of the individual invitation to tender time limit, the sale shall be cancelled as regards the currently open in pursuance of Commission remaining quantities . Regulation (EEC) No 1259/721 on the disposal of butter at a reduced price to certain Community Article 17 processing undertakings.

The butter shall be delivered by the intervention Article 13 agency in packings bearing one or more of the following markings in letters at least 2 cm high :

The rights and obligations arising from the invitation to tender shall not be transferable. 'Beurre destiné à la transformation (Règlement (CEE) n0 1519/72)':

Article 14 'Zur Verarbeitung bestimmte Butter (Verordnung (EWG) Nr. 1519/72)'; 1 . Each tenderer shall immediately be informed of 'Burro destinato alla trasformazione (regolamento the result of his participation in individual invitation ( CEE) n . .1519/72)'; • to tender. 'Boter voor verwerking (Verordening (EEG) nr. 2. The successful tenderer shall, before taking over 1519/72)'. the goods as described in Article 16 (2), pay the intervention agency the amount corresponding to his (Butter for processing (Regulation (EEC) No tender for each quantity he intends to remove from 1519/72 )) storage . Article 18 Article IS From the time of its removal from storage and until 1 . The successful tenderer shall, before taking over it is exported, the butter or the processed products each quantity, lodge the processing and exportation referred to in Article 19 shall be placed under deposit provided for in Article 10. customs or equivalent administrative control.

2. The deposit shall be lodged in accordance with Article 8 (2). Article 19

Article 16 1 . All the butter allocated shall be processed into a product containing at least 99 - 8% of butyric fat in the undertakings referred to in Article 6 before one of 1 . When the payment provided for in Article 14 the products referred to in paragraph 2 is (2) has been made, and the processing and manufactured. exportation deposit provided for in Article 15 has been lodged, the intervention agency shall issue a removal order, indicating : 2. According to the use specified in the tender, pursuant to Article 7 (2) (c), the product thus ( a) the quantity for which the conditions specified at obtained shall be either the beginning of the paragraph have been satisfied ; ( a) directly processed into a product which, per metric ton of the finished product, and to the (b) the cold storage depot in which it is stored; exclusion of all other products, contains :

(c) the final date for taking over the butter. — 10 kg of triglycerides of enanthic (n-heptanoic) acid, at least 95% pure, and 2 . The successful tenderer shall take over the — 0T kg of ethylic ester of the butyric acid; or butter awarded to him within thirty days of receiving (b ) mixed, per 970 kg, with 30 kg of triglycerides of enanthic (n-heptanoic) acid, at least 95% pure, 1 OJ No L 139, 17.6.1972, p . 18 . and thereafter

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Article 22 — processed into a fat compound falling within subheading No 21.07 F VI of the Common Customs Tariff and containing not less than The finished product shall be put up in cans : 26% but not more than 40% by weight of (a) hermetically sealed, of a net capacity of not more milkfat and of which the non-butyric part is than 2-5 kg in the case of the product referred to composed of at least 98% of suet or lard, the in Article 19 (2) ( a); remaining 2% not containing other fats; (b) of a net capacity of not more than 18-5 kg in the case of the product referred to in Article 19 (2) (b). The two operations referred to under (b) shall be carried out separately so that each may be supervised.

Article 23 3.. The various processing operations listed in paragraph . 2 shall be carried out in the same The finished product shall be exported direct from establishment as that mentioned in paragraph 1 . the territory of the Member State in which the processing takes place to an African or Asian third However, Member States may authorise the country within 150 days from the time receiving the successful tenderer, under the conditions laid down information referred to in Article 14 ( 1 ). in Article 21 , to have the processing specified in paragraph 2 (b) carried out in an establishment other Article 24 than that in which the early stages of processing take place. 1 . Where the processing operations listed in Article 19 take place in a Member State other than the selling Member State, proof that the conditions Article 20 referred to in Articles 19, 22 and 23 have been satisfied shall be furnished only by production of the The competent authority of the Member State in which control copy provided for in Regulation (EEC) No the processing operations referred to in Article 19 2315 /69 . take place shall be responsible for the supervision of those operations. 2. Sections 101 , 103 and 104 on the control copy shall be completed. Section 104 shall be completed by The costs of the supervision shall be borne by the deleting what does not apply and . adding one of the successful tenderer. following statements at the second indent : '— destiné à l'exportation au titre du règlement (CEE) n0 1519/72 après transformation et Article 21 conditionnement en emballages métalliques, soit hermétiquement fermés d'un contenu de 2 500 kg Recourse to the derogation in the second au maximum, soit d'un contenu de 18 500 kg au subparagraph of Article 19 (3 ) shall be subject to the maximum'; following conditions : '— Gemäß Verordnung (EWG) Nr. 1519/72 nach Verarbeitung und Verpackung in luftdicht ( 1 ) the two establishments must be situated in the verschlossenen Metallverpackungen mit einem same Member State ; Nettoinhalt von höchstens 2 500 kg oder in Metallverpackungen mit einem Nettoinhalt von höchstens 18 500 kg, zur Ausfuhr bestimmt'; (2) before processing takes place, the undertaking which has been awarded the tender must obtain '— destinato all'esportazione a norma del authorisation from the body which gave the regolamento ( CEE) n. 1519/72 dopo approval referred to in Article 6; trasformazione e condizionato in imballaggi metallici, ermeticamente chiusi di un contenuto massimo, di 2 500 kg oppure di un contenuto (3 ) an establishment responsible for one of the massimo di 18 500 kg'; processing operations concerned must have '— bestemd om overeenkomstig Verordening (EEG) received the approval referred to in Article 6; nr. 1519/72 te worden uitgevoerd, na verwerking en verpakking in metalen verpakkingen, ofwel (4) Member States shall take the measures necessary luchtdicht gesloten met een' netto-inhoud van to ensure continuous supervision throughout hoogstens 2 500 kg, ofwel met een netto-inhoud transportation and processing. van hoogstens 18 500 kg'.

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(for export pursuant to Regulation (EEC) No Article 27 1519/72 after processing and packaging in metal containers either hermetically sealed of a The compensatory amounts applicable to butter and maximum capacity of 2-5 kg or of a maximum to butter processed into products referred to in capacity of 18-5 kg). Article 19 shall be equal to the compensatory amounts fixed in pursuance of Regulation (EEC) No 974/71 , multiplied by the coefficient 0-2. Article 25 The Commission may, if necessary, alter this coefficient. 1 . Except in cases of force majeure the tendering deposit shall be released only for the quantity:

Article 28' (a) in respect of which the tenderer:

— has not withdrawn the tender before the Butter incorporated in products mentioned in Article award of the contract, and 19 shall not qualify for export refunds.

— within the set time limit, paid the amount Article 29 corresponding to the tender, provided for in Article 14 (2), and lodged the processing and exportation deposit provided for in Article Member States shall 15 ; or — keep an up-to-date record by processing undertaking of the quantities obtained at the time (b) in respect of which the tender has not been of the processing described in Article 19 (2) (a) accepted. and (b) respectively, and the corresponding quantities of butter used; 2. Except in cases of force majeure, the processing — send this information, before the tenth of each and exportation deposit provided for in Article 15 month, to the Commission, which shall inform shall be released only for the. quantities in respect of the other Member States thereof. which the buyer has furnished to the intervention agency : Article 30 (a) supporting documents from which it can be established that the conditions laid down in With effect from 1 February 1973 , Articles 17 and 24 Articles 19, 22 and 23 have been satisfied, when (2) shall be amended as follows : the processing takes place in the selling Member States ; 1 . The following shall be added to Article 17: (b) proof that these conditions have been satisfied '— butter for processing (Regulation (EEC) No furnished by the control copy referred to in 1519/72)'; Article 24 when the processing takes place in another Member State ; '— smør bestemt til forarbejdning (forordning (EØF) nr. 1519/72)'; ( c) proof that the finished product has reached one '— smør bestemt til foredling (forordning (EØF) of the countries of destination referred to in nr. 1519/72)'. Article 23 , furnished in accordance with the provisions of Article 8 ( 1 ) of Commission 2. The following indents shall be added to Article Regulation No 1041 /67/EEC. • 24 (2):

'— for export pursuant to Regulation (EEC) No 3 . The deposit shall be released immediately. 1519/72 after processing and packaging in ' metal containers either hermetically sealed of a maximum capacity of 2-5 kg or of a maximum capacity of 18-5 kg'; Article 26 '— bestemt til eksport i henhold til forordning (EØF) nr. 1519/72 efter forarbejdning og In case of force majeure, the intervention agency shall pakning i metalemballager, enten hermetisk determine the measures necessary in view of the lukkede met et indhold of højst 2 500 kg, eller circumstances invoked. med et indhold af højst 18 500 kg';

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'— bestemt til eksport i henhold til forordning Article 31 (EØF) nr. 1519/72 etter foredling of salgsklargjøring i metallemballasje, enten This Regulation shall enter into force on the third hermetisk lukket med et innhold på høyst day following its publication in the Official Journal 2 500 kg eller med et innhold på høyst 18 500 of the European Communities. kg'.

This Regulation shall be binding in its entirety and directly applicable in all Member States . \ Done at Brussels, 14 July 1972.

For the Commission

The President

S.L. MANSHOLT