31975R0750

No L 74/30 Official Journal of the European Communities 22 . 3 . 75

REGULATION ( EEC) No 750 / 75 OF THE COMMISSION of 21 March 1975 concerning invitations to tender for the costs of manufacture and delivery of butteroil as food aid to the countries of the Sahel and Ethiopia

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES,

Article 1 Having regard to the Treaty establishing the European Economic Community ; When a decision is taken to supply butteroil in accor­ dance with Regulation (EEC) No 3235/74 the invita­ tion to tender referred to in Article 2 of Regulation Having regard to Council Regulation ( EEC) No (EEC) No 530 /74 shall be undertaken according to 804/68 (') of 27 June 1968 on the common organiza­ the detailed rules laid down in this Regulation . tion of the market in milk and milk products, as last amended by Regulation ( EEC) No 465/75 (2), and in particular Articles 6 ( 7) and 28 thereof ; Article 2

Whereas Council Regulation ( EEC) No 3235/74 (3) of 1 . The intervention agency concerned shall give 17 December 1974 on the supply of butteroil as food notice of an invitation to tender indicating in parti­ aid to the countries of the Sahel , Ethiopia and Somalia cular : under Regulation (EEC) No 530/74 provides for the placing at the disposal of those countries of 4 050 — the location of the ' coldstore where the butter metric tons of butteroil to be drawn on the 4 400 which is to be manufactured into butteroil is in metric tons reserve stock provided for in Council stock ; Regulation ( EEC) No 530/74 (4) of 4 March 1974 laying down general rules for the supply of milk fats — the quantity of butteroil to be delivered ; as food aid to certain developing countries and certain — the destination and means of delivery ; international organizations ; whereas, pursuant to Arti­ cles 2 and 3 of Regulation ( EEC) No 3235/74, the — the insurance arrangements for the goods to be Community shall take in charge the delivery to the transported ; places of destination and shall pay in whole or in part — the closing date and address for the receipt of directly to the recipient country the costs of tenders ; forwarding from the cif stage in the form of a lump-sum contribution , where the supply agreement — the date on which delivery is to take place . so. provides ; 2 . The notice of invitation to tender shall be published in the Official Journal of the European Whereas, pursuant to Article 2 of Regulation (EEC) Communities at least 10 days before the closing date No 530 /74, the costs of processing, packing and for the submission of tenders . Besides , the interven­ forwarding of the different supplies, to the cif stage or, tion agency may make other publications . where relevant, to the places of destination , shall in principle be determined by the tendering procedure ; 3 . The intervention agency shall take the measures necessary to enable interested parties to examine at their own costs, before submitting a tender, samples Whereas the procedure to be adopted for .this from the butter . tendering should in the main be the procedure used hitherto in similar cases ;

Article 3 Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ The invitation to tender shall be open to processing ment Committee for Milk and Milk Products, undertakings approved for this purpose by the Member State on whose territory the processing is to (') OJ No L. 1 48 , 28 . 6 . 1968 , p. 13 . take place . Only those undertakings which can fulfil (-') OJ No L 52, 28 . 2 . 1975, p. 8 . (->) OJ No L 346, 24 . 12 . 1974, p. the obligations provided for in this Regulation may be (■») OJ No L 65 , 7 . 3 . 1974, p. 1 . approved .

22 . 3 . 75 Official Journal of the European Communities No L 74/ 31

Article 4 in favour of the intervention agency, or of a bank guarantee which satisfies the criteria fixed by this 1 . Tenders shall be submitted in writing and either Member State . handed in against a receipt to the intervention agency or sent by registered letter to the intervention agency . Article 6 The intervention agency may also authorize the use of telex . 1 . The intervention agency shall take the necessary 2. Where the invitation to tender is in respect of measures to ensure that the successful tenderer can several lots no tender may be made for more than one take delivery of the butter necessary for processing lot . into butteroil from the warehouse indicated in his tender . 3 . The tender shall indicate : 2 . After leaving the warehouse the butter is (a) the name and address of the tenderer ; submitted to the custom 's or to an administrative (b) the coldstore or coldstores from where the control with the equivalent guarantees . tenderer wishes to have the butter collected , chosen from the coldstores listed in the notice of 3 . Butteroil delivered for the supply in question invitation to tender ; must be manufactured exclusively from the butter for which delivery was taken by the successful tenderer (c) the port of loading chosen from among Commu­ from the intervention agency. nity ports ; (d) the amount tendered , exclusive of taxes, expressed Article 7 in the currency of the Member State in which the invitation to tender is made and to which the Taking account of the tenders received and in accor­ tenderer undertakes to make the .delivery in ques­ dance with the procedure laid down in Article 30 of tion ; this amount shall include the purchase price of the butter in accordance with the conditions Regulation (EEC) No 804/ 68 , a maximum amount shall be fixed or else a decision shall be taken to make defined in Articles 9 and 13 , the costs of no award . processing, packing and transporting the butteroil as well as the insurance costs for the transport of the butter and the butteroil to the stage fixed for Article 8 the delivery . 1 . A tender sfcall be refused if the amount proposed 4 . A tender shall be valid only if it relates to an is more than the maximum amount valid for the lot entire lot put up for tender. in question . 5 . A tender shall be valid only if it is accompanied 2 . Without prejudice to the provisions of paragraph by : 1 the successful tenderer shall be the one whose offer (a) a document certifying the approval referred to in quotes the lowest amount converted into units of Article 3 ; account . Where several offers for the same amount expressed in units of account are taken into considera­ (b) an undertaking from the tenderer that he will tion , the award shall be made by drawing lots.. respect the conditions laid down by Articles 6 (2) and 10 ; 3 . Each tenderer shall be immediately notified by (c ) a declaration by the tenderer according to which the intervention agency of the result of his participa­ he will forgo any claim regarding the quality and tion in the tendering procedure . characteristics of any butter sold to him ; 4. Rights and obligations arising from the award (d ) proof that the security referred to in Article 5 has shall not be transferable . been lodged before the final date for submission of offers . Article 9 6 . The tender may not be withdrawn . 1 . Purchase price of the butter is fixed at 195 units A rt icle 5 of account per 100 kg ex coldstore . For Benelux , this amount shall be multiplied by the factor 1-00725 . 1 . The security required for the invitation to tender 2 . Subject to the provisions of Article 13 the shall amount to 15 units of account per metric ton of butteroil . successful tenderer shall pay for the butter for which he takes delivery within 90 days following the date 2 . It shall take the form , at the choice of the fixed by the intervention agency for the loading of the Member State concerned, either of a cheque made out butteroil .

No L 74/ 32 22 . 3 . 75 Official Journal of the European Communities

Article10¶

The successful tenderer shall , by the date and at the (a) à être transformé en butteroil , place fixed , deliver the quantities of butteroil concerned, which shall satisfy the conditions of (b) puis à être exporté au titre de 1 aide alimentaire quality packaging and marking provided in the Annex ( règlement (CEE) n0 3235/ 74'. to this Regulation . ' Butter bestimmt : He shall communicate to the intervention agency and to the recipient country the information required in (a) zur Verarbeitung zu butteroil , the Regulations related to each individual tendering. (b) alsdann ' zur Ausfuhr als Nahrungsmittelhilfe (Verordnung (EWG) Nr. 3235/73'. A rtic/e 1 1

' Burro destinato : Where the processing of the butter into butteroil takes place in the Member State selling the butter, the (a) ad essere trasformato in butteroil , following provisions shall apply : (b) ad essere esportato a titolo di aiuto alimentare 1 . In respect of the manufacture and packing of the ( Regolamento (CEE) n . 3235/74)'. butteroil , the competent agency of the Member State shall ensure that : ' Boter bestemd : — the quality and packing conform to Article 3 (b) of Regulation ( EEC) No 530/ 74, following (a ) om te worden verwerkt tot butteroil , the certificates provided in the Annex concerning the packing, (b) om nadien te worden uitgevoerd als voedsel­ hulp (Verordening ( EEG ) nr. 3235/74)'. — the requirements of Article 6 (3 ) are satisfied .

2 . If the agency concerned considers that the relevant ' Smør bestemt til : conditions have been fulfilled, they shall issue a certificate of the fact to the successful tenderer . (a) fremstilling af butteroil

(b) herefter eksport som fødevarehjælp ( forordning A rtic/c 12 ( EØF) nr. 3235/74)'.

Where the processing of the butter or the removal of Where the export control referred to under (b) is the butteroil from the geographical territory of the completed in a Member State other than that Community takes place in a Member State other than where the processing referred to under (a) takes that which is selling the butter, the proof that the place , the customs office which verifies the butter has been processed in accordance with the processing referred to under (a ) shall send the conditions laid down by Article 11(1 ) and /or that control copy to the export office of the Member removal from the geographical territory of the State selling the butter, indicating that it has only Community has taken place must be provided by the verified the processing referred to under ( a ) and production of the copy of the control document envis­ shall deliver to the interested party, a control copy aged in Article 1 of Commission Regulation ( EEC) as referred to in Article 1 of Regulation ( EEC) No No 2315/69 (') of 19 November 1969 concerning the 2315 / 69 with boxes 101 , 103 , 1Q4 and 106 use of Community transit documents arising from the completed ; box 103 shall include the net weight application of Community measures following the of butteroil resulting from the processing under control of use and /or destination of goods . ( a ); box 104 shall include one of the references indicated under 2 below ; box 106 shall include : Boxes, 101 , 103 and 1 (")4 in the control copy shall be completed . Box 104 shall be completed by striking — the control copy number provided by the out the unnecessary references and inserting under export office of the Member State selling the the second indent one of the following phrases : butter as well as the name of that office ; 1 . If the butter is to be processed in another Member — the weight of butter used to produce the State : butteroil indicated in box 103 . ' Butter destined : The customs office which verifies the destination (a) to be processed into butteroil , and then of the butteroil under (b) shall endorse the control (b) exported as food aid ( Regulation ( EEC) No copy provided by the office which verifies the 3235/ 74)'. processing referred to under (a ) and shall send this copy via the aforesaid office to the export office of (') OJ No L 295, 24. 11 . 1969 , p. 14 . the Member State selling the butter.

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2. If the butter is processed into butteroil in the (a) if the tenderer has not withdrawn his tender before Member State selling the butter and is to leave the the contract is awarded and if the documents geographical territory of the Community from referred to in the first, second or third indent of another Member State : Article 13, as appropriate have been supplied to the intervention agency ; ' Butteroil destined to be exported as food aid (Regu­ lation (EEC) No 3235/74)'. (b) if no award is made . ' Butteroil destiné à être exporté au titre de 1 aide alimentaire (règlement (CEE) n 0 3235/74)'. 2 . The security shall be released immediately. 'Als Nahrungsmittelhilfe auszuführendes butteroil 3 . In cases of force majeure, the intervention (Verordnung (EWG) Nr. 3235/74)'. agency selling the butter shall determine the measures Butteroil destinato ad essere esportato a titolo di necessary in view of the circumstances invoked . aiuto alimentare (regolamento (CEE) n . 3235/74)'. ' Butteroil bestemd om te worden uitgevoerd als voedselhulp (Verordening ( EEG) nr. 3235/74)'. Article /5 ' Butteroil bestemt til eksport som fødevarehjælp (forordning ( EØF) nr. 3235/74)'. A certificate of delivery shall be handed over on delivery of the goods to the successful tenderer acting The customs office which verifies the destination as an agent of the Community appointed by the shall endorse the control copy and shall send this receiving country or where no such an agent is copy to the export office of the Member State appointed by the local representative of the interven­ selling the butter. tion agency of the selling Member State .

Article 13 Article 16 Upon presentation of the documents referred to : The intervention agencies shall immediately inform — in Articles 11 (2) and 15 and of a customs docu­ the Commission of the names of the undertakings ment proving that the product has been removed entrusted with transportation and the means of trans­ from the geographical territory of the Community port used . where the processing of the butter and the removal of the butteroil have taken place in the selling Member State , Article 17 — in Articles 12(1 ) and 15 , where the processing into butteroil takes place in a Member State other Except in cases of force majeure, the successful than that selling the butter, tenderer shall accept all financial responsibility which — in Articles 1 1 (2), 1 2 (2) and 1 5, where the would have been borne by the Community for non-de­ processing of butter into butteroil is completed in livery of the butteroil to the place and by the time the territory of the Member State selling the butter desired , the receiving countries having enabled and where the removal from the geographical terri­ delivery to be effected at the place and by the time tory of the Community takes place from another desired . The costs resulting from a non-delivery of Member State , butteroil following a case of force majeure shall be borne by the competent agency of the selling Member State . the competent agency of the selling Member State shall cancel , up to the amount indicated in the tender, the obligation of the successful tenderer to pay the purchase price of the butter of which delivery was Article 18 taken , and shall pay to him , within 15 days calculated from the day of the presentation of the certifying No refund or compensatory amount (whether mone­ documents envisaged above, the difference between tary or accession) shall be applicable in respect of the two amounts , if this difference is to the advantage butteroil supplied under this Regulation . of the successful tenderer .

Article19¶

1 . Except in the case of force majeure, the security This Regulation shall enter into force on the third day required for the invitation to tender envisaged in following its publication in the Official Journal of Article 5 , shall only be released : the European Communities.

No L 74/ 34 Official Journal of the European Communities 22 . 3 . 75

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 21 March 1975 .

For the Commission

P. J. LARDINOIS Member of the Commission

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ANNEX

I. Quality requirements for butteroil

Characteristics of the product : concentrated milk fat with a minimum pure fat content of 99-8 % .

Composition characteristics : moisture content and non-milk fat constituents : maximum 0-2 7o ; fats : minimum 99-8 % ; free fatty acids : maximum 0-5 % (oleic acid) ; amount of peroxide/ kg : maximum one unit (in milliequivalents of oxygen per kg) flavour : fresh ; smell : absence of smells unconnected with butteroil .

II . Packaging of butteroil

1 . The butteroil is to be packed in metal canisters fully filled and hermetically sealed in an atmosphere of nitrogen .

The canisters should be strong enough to withstand a long sea journey and transportation by land in a tropical climate .

The cylindrical or cubiform metal canister must pass the following test : — 5 kg canister : when filled to 95 % of its nominal capacity with water at 20° C, it must not leak after dropping from a height of 86 cm on to the edge of the top or of the bottom . Number of samples necessary : 20 ( 10 on the bottom and 10 on the lid). — for 20 kg canisters, the same but from a height of 60 cm .

The conformity of the metal canister used with the standards defined above must have been verified by a packaging institute approved by the Member ^ate concerned, delivering an appropriate certificate .

2 . The metal canisters are packed in cartons containing :

— either four 5 kg canisters, or — one 20 kg canister .

The cardboard used in the manufacture of the cartons shall be water-resistant . After 24 hours immersion in water, its rupture index (Mullen index) shall be not less than 15 kg/cm 2 . Its rupture index (Mullen index) shall be not less than 29 kg/ cm J for the cardboard of the carton and not less than 13 kg/cm - for the cardboard which separates the 5 kg canisters . The carton shall be firmly sealed with adhesive applied to the entire surface area of the upper and lower flaps . The sealing of the carton shall be reinforced by a self-adhesive band or a hoop made of plastic or any other suitable material .

The sealed carton containing either a 20 kg metal canister or four 5 kg canisters filled to 95 % of their capacity with water must resist three falls from a height of 1-20 m on three different edges belonging to different axes .

The conformity of the cardboard cartons used with the standards defined above must be veri­ fied by a packaging institute approved by the Member State concerned , delivering an appro­ priate certificate .

3 . Markings on the packaging :

The metal canister shall have stamped upon it the following information in the language or languages specified in the Regulation of the individual invitation to tender : (a ) the description : ' Butteroil ' ; (b) the words : 'Gift of the European Economic Community ' (with the possible addition of ' Supplied by the World Food Programme') ;

No L 74/36 Official Journal of the European Communities 22 . 3 . 75

(c) the net weight ; (d) the month and year of manufacture ; (e) the name of the processing undertaking — in the form of a code number. In addition to the above, the following must be marked on the two sides of each carton : the manufacturer's lot number and the number of cartons making up the lot .

III . Special provisions As regards certain special destinations for projects concerning supplies in view of milk reconstitu­ tion, special measures shall possibly be fixed in the Regulation of the individual invitation to tender.