31975R2247

No L 229 / 60 30 . 8 . 75 Official Journal of the European Communities

REGULATION ( EEC) No 2247/ 75 OF THE COMMISSION of 29 August 1975 on the terms of invitations to tender for the costs of manufacture and delivery of butteroil as food aid to certain developing countries and to the World Food Programme

THE COMMISSION OF THE EUROPEAN provided for in Article 5 of Regulation (EEC) No COMMUNITIES , 1541 /75 shall be organized in accordance with the detailed rules laid down in this Regulation . Having regard to the Treaty establishing the European Economic Community ; Article 2 Having regard to Council Regulation (EEC) No 804/ 68 (') of 27 June 1968 on the common organiza­ 1 . The intervention agency concerned shall give tion of the market in milk and milk products, as last notice of an invitation to tender, indicating in parti­ amended by Regulation ( EEC) No 740 /75 (2 ), and in cular : particular Articles 6 (7) and 28 thereof ; — the location of the coldstore or stores where the Whereas Council Regulation ( EEC) No 1 542/ 75 (3 ) of butter for the manufacture of the butteroil is held, 16 June 1975 on the supply of milk fats as food aid to certain developing countries and to certain interna­ — the quantity of butteroil to be delivered, tional organizations under the 1975 food-aid — the destination and means of delivery, programme provides inter alia that 17 850 metric — the insurance arrangements for the goods to be tons of butteroil processed from butter held by the transported , intervention agencies are to be made available to certain developing countries and 16 000 metric tons — the closing date and address for the submission of to the World Food Programme , hereinafter called 'the tenders , WFP' ; — the date on which delivery is to take place . Whereas under Article 5 of Council Regulation ( EEC) 2 . The notice of invitation to tender shall be No 1541 / 75 (4 ) of 16 June 1975 laying down general rules for the supply of milk fats as food aid to certain published in the Official Journal of the European developing countries and to certain international Communities at least 10 days before the closing date for the submission of tenders . The intervention organizations under the 1975 food-aid programme , agency may also publish such notice elsewhere. the costs of processing, packaging and transport in respect of each supply are in principle to be put out to tender ; 3 . The intervention agency shall take the measures necessary to enable prospective tenders to examine at Whereas the detailed rules to be adopted for such their own expense, before submitting a tender, tenders should in the main be those used hitherto in samples of the butter . similar cases ;

Whereas the measures provided for in this Regulation Article 3 are in accordance with the Opinion of the Manage­ ment Committee for Milk and Milk Products , The invitation to tender shall be open only to processing undertakings approved for this purpose by the Member State on whose territory the processing is HAS ADOPTED THIS REGULATION : to take place . Only those undertakings capable of meeting the obligations provided for in this Regula­ tion may be approved . Article 1

Where it is decided to supply butteroil to developing Article 4 countries and to the WFP in accordance with Regula­ tion ( EEC) No 1542/ 75, invitations to tender as 1 . Tenders shall be submitted in writing and either delivered to the intervention agency against acknow­ (') OJ No L 148 , 28 . 6 . 1968 , p. 13 ledgement of receipt or sent by registered letter to the (-') OJ No L 74, 22. 3 . 1 975 , p. I. (') OJ No L 157, 19 . 6 . 1975, p. 6 . intervention agency. The intervention agency may (■») O'j No L 157, 19. 6. 1975, p. 4. also authorize the use of telex .

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2 . Where the invitation to tender is in respect of take delivery at the coldstore indicated in his tender several lots no tender may relate to more than one lot. of the butter required for processing into butteroil .

3 . The tender shall indicate : 2 . On leaving the coldstore the butter shall be placed under customs control or under an administra­ (a) the name and address of the tenderer ; tive control offering equivalent safeguards. (b) the coldstore or stores from which the tenderer 3 . Butteroil delivered for the supply in question wishes to take delivery of the butter, chosen from the list of such stores in the notice of invitation to must be manufactured exclusively from the butter tender ; delivered for this purpose to the successful tenderer by the intervention agency . (c) the port of loading chosen from among Commu­ nity ports ; Article 7 (d) the price , exclusive of taxes, at which the tenderer undertakes to make the supply in question , In the light of the tenders received and in accordance expressed in the currency of the Member State in with the procedure laid down in Article 30 of Regula­ which the invitation to tender is held ; such price tion ( EEC) No 804/ 68 , a maximum amount, expressed shall include the purchase price of the butter in in units of account, shall be fixed , or a decision shall accordance with the terms laid down in Articles 9 be taken to make no award . and 13 , the costs of processing, packing and trans­ porting the butteroil and the insurance costs for the transport of the butter and the butteroil up to Article 8 the prescribed point of delivery. 1 . A tender shall be refused if the price proposed , 4 . A tender shall be valid only if it relates to an when converted into units of account , is greater than entire lot put up for tender. the maximum price fixed for the lot 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 quotes the lowest price converted into units of (a) a document certifying the approval referred to in account . Where two or more valid offers specify the Article 3 ; same price expressed in units of account, the award shall be made by drawing lots . (b) an undertaking from the tenderer that he will abide by the conditions laid down in Articles 6 (3) 3 . Each tenderer shall be notified immediately by and 10 ; the intervention agency of the result of his participa­ (c) a declaration whereby the tenderer agrees to forgo tion in the invitation to tender . any claim as to the quality or characteristics of any butter sold to him ; 4 . Rights and obligations arising from the award shall not be transferable . (d) proof that the security for tender referred to in Article 5 has been given before the expiry of the period for the submission of tenders . Article 9

6 . No tender may be withdrawn . 1 . Purchase price of the butter shall be 210 units of account per 100 kilogrammes ex coldstore .

Article 5 2. Subject to the provisions of Article 13 the successful tenderer shall pay for the butter supplied to 1 . The security required for the invitation to tender him within 90 days following the date fixed by the shall be 15 units of account per metric ton of butter­ intervention agency for the loading of the butteroil . oil .

Article 10 2 . It shall take the form , at the option of the Member State concerned , either of a cheque made out 1 . The successful tenderer shall , on the date and at in favour of the intervention agency, or of a bank guarantee which satisfies the criteria laid down by the place fixed , deliver the relevant quantities of such Member State . butteroil , which shall satisfy the conditions of quality, packaging and marking laid down in the Annex to this Regulation . He shall furnish within the periods Article 6 prescribed , to the intervention agency and, as the case may be , to the recipient country or to the WFP, the 1 . The intervention agency shall make the neces­ information required in the Regulation relating to the sary arrangements to enable the successful tenderer to particular invitation to tender in question .

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2. Delivery shall be deemed to have taken place 1 . If the butter is to be processed- in another Member when the goods are deposited in the port of shipment State : at a point designated, as the case may be, by the recip­ ' Butter to be : ient country or by the WFP or their respective repre­ sentatives . (a) processed into butteroil, and subsequently

3 . The tenderer shall submit to all quantity controls (b) exported as food aid (Regulation (EEC) No effected at the port by the representative of the recip­ 1541 /75)'. ient country or of the WFP. He shall supply for this purpose a list setting out the manufacturer's lot ' Beurre destine : numbers comprising the supply and specifying the number of cartons corresponding thereto. (a) a etre transforme en butteroil ,

(b) puis à être exporté au titre de 1 aide alimentaire (règlement (CEE) n0 1541 /75)'. Article 11 Butter bestimmt : Where the processing of the butter into butteroil takes place in the Member State of sale, the following provi­ (a) zur Verarbeitung zu Butteroil , sions shall apply : (b) alsdann zur Ausfuhr als Nahrungsmittelhilfe 1 . At the time of the manufacture and packing of (Verordnung (EWG) Nr. 1541 /75)'. the butteroil , the competent agency in the Member State where such operations take place shall ensure Burro destinato : that : — Article 6 (3) is complied with, (a) ad essere trasformato in butteroil, — the quality and packing conform to the provisions (b) ad essere esportato a titolo di aiuto alimentare contained in the Annex, (Regolamento (CEE) N. 1541 /75)'. — the packings used conform to the type of packings Boter bestemd : specified in the certificate referred to in the Annex issued by the approved packaging institute ; (a) om te worden verwerkt tot butteroil, 2. If on conclusion of its investigations as aforesaid (b) om nadien te worden uitgevoerd als voedsel­ the agency concerned considers that the relevant hulp (Verordening (EEG) nr. 1541 /75)'. conditions have been fulfilled , it shall issue a certifi­ cate to that effect to the successful tenderer. Smor bestemt til :

(a) fremstilling af butteroil A rticle 1 2 (b) herefter eksport som fødevarehjælp (forordning (EØF) nr. 1541 /75)'. Where the processing of the butter or the removal of the butteroil from the geographical territory of the Community takes place in a Member State other than Where verification of exportation as referred to ir that of sale, proof that the butter has been processed (b) is carried out in a Member State other than tht in accordance with the requirements of Article 11 ( 1 ) one in which processing as referred to in (a) tool­ and /or that removal from the geographical territory of place, the customs office which verifies the saic the Community has taken place shall be furnished by processing shall return the control copy to the production of the control copy referred to Article 1 of customs office of departure in the Member State o Commission Regulation ( EEC) No 2315/ 69 (') of 19 sale, indicating that it has only verified the November 1 969 on the use of Community transit processing and shall issue to the person concernec documents for the purpose of applying Community a control copy referred to in Article 1 of Regula­ measures for verifying the use and/or destination of tion ( EEC) No 2315/ 69 with sections 101 , 103, 104 goods, as amended by Regulation (EEC) No 690 /73 (2). and 106 completed . Section 103 shall specify the net weight of butteroil after processing ; section 104 shall contain one of the endorsements set out Sections 101 , 103 and 104 of the control copy shall be in subparagraph 2 below ; section 106 shall completed . Section 104 shall be completed by striking out the references not required and inserting in the specify : second indent one of the following phrases : — the number of the control copy from the (') 0 | No L 295, 24 . 11 . 1969 , p. 14 . customs office of departure in the Member (-) O) No L 66, 13 . 3 . 1973, p. 23 . State of sale and the name of that office,

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— the weight of the butter used to produce the obligation to pay the purchase price of the butter quantity of butteroil specified in section 103 . supplied to him, and shall pay to him , within 15 days from the day of the presentation of the abovemen­ tioned supporting documents, the difference between The customs office which verifies that exportation these two prices, where this is in the favour of the as specified in (b) has taken place shall endorse the tenderer . control copy supplied by the office which verified processing and shall return this copy via this latter office to the customs office of departure in the 2. In the case of deliveries to the WFP, the compe­ Member State of sale . tent agency of the Member State shall pay to the WFP within 30 days from the receipt of the letter referred to in Article 1 5 (2) a flat-rate contribution of 79 units 2 . If the butter is processed into butteroil in the of account per metric ton of butteroil delivered Member State of sale and is to leave the geogra­ towards the cost of transport and distribution thereof. phical territory of the Community via another Member State :

' Butteroil to be exported as food aid (Regulation Article 14 (EEC) No 1541 /75)', 1 . Except in the case of force majeure, the security ' Butteroil destiné à être exporté au titre de 1 aide for the tender provided for in Article 5 shall be alimentaire (règlement (CEE) n° 1541 /75)', released only : 'Als Nahrungsmittelhilfe auszuführendes Butteroil (a) if the tenderer has not withdrawn his tender before (Verordnung ( EWG) Nr. 1541 /75)', the contract is awarded and if the documents ' Butteroil destinato ad essere esportato a titolo di required under the first, second or third indent of aiuto alimentare (regolamento (CEE) N. 1541 /75)', Article 13 ( 1 ) as the case may be have been produced to the intervention agency ; ' Butteroil bestemd om te worden uitgevoerd als voedselhulp (Verordening (EEG) nr. 1541 /75)', (b) if no award is made . ' Butteroil bestemt til eksport som fødevarehjælp (forordning ( EØF) nr. 1541 /75)'. 2 . The security shall be released immediately.

3 . In cases of force majeure, the intervention The customs office which verifies exportation shall agency selling the butter shall take such action as it endorse the control copy and shall return this copy considers necessary having regard to the circum­ to the customs office of departure in the Member stances invoked . State of sale .

Article1¶

1 . In the case of deliveries to developing countries, 1 . Upon presentation of the documents referred to : on delivery of the goods , a certificate of acceptance shall be given to the tenderer acting as agent for the — in Articles 11 (2) and 15 and of a customs docu­ Community by the recipient appointed by the ment establishing that the product has been receiving country at the specified place of destination removed from the geographical territory of the or, where no such agent is appointed, by the represen­ Community, where the processing of the butter tative of the intervention agency of the Member State and the removal of the butteroil both took place of sale . in the Member State of sale, — in Articles 12(1 ) and 15 , where the processing 2 . In the case of deliveries to the WFP, on delivery into butteroil took place in a Member State other of the goods at the port of embarkation the representa­ than that of sale , tive of the WFP shall give the tenderer acting as agent — in Articles 1 1 (2), 1 2 (2) and 1 5, where the for the Community a letter certifying that the WFP has taken delivery thereof. processing of butter into butteroil was carried out in the territory of the Member State of sale and where the removal from the geographical territory of the Community took place in another Member Article 16 State , The intervention agencies shall immediately inform the competent agency of the Member State of sale the Commission of the names of the undertakings shall release the tenderer, in respect of an amount responsible for transportation and of the means of equal to the price indicated in the tender, from his transport used .

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A rticle 1 7 Article 18

Except in cases of force majeure, the tenderer shall bear all financial liabilities which would have been No refund or compensatory amount (whether mone­ tary or accession) shall be applicable in respect of borne by the Community by reason of non-delivery of butteroil supplied under this Regulation . the butteroil to the place and by the time appointed, provided always that the receiving country or the WFP permitted delivery to be effected to the place and by the time specified. Article 19

The costs resulting from a failure to deliver butteroil resulting from a case of force majeure shall be This Regulation shall enter into force on the third day assumed by the competent agency of the Member following its publication in the Official Journal of State of sale and be borne by the Community. the European Communities.

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

Done at Brussels, 29 August 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 % , 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 . For certain deliveries, special requirements may be specified .

II . Packaging of butteroil

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

The metal canisters are packed in cartons containing :

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

The complete packaging should be strong enough to withstand a long sea journey and trans­ portation by land in a tropical climate .

Closed cartons, as prepared for delivery, containing either one 20 kg metal canister or four 5 kg canisters 95 % full of water, must be able to resist :

(a) three falls from a height of one metre on three different edges relating to different axes ; this test, for which five complete packagings are to be used , must be effected in accordance with ISO standard No 2248 . After the tests : — the metal canisters may be crushed out of shape but no leakage must occur after elimi­ nation of the vacuum ; — the cartons may be damaged and show small tears in the seams and sealed flaps but seams must not be completely torn and flaps must not have come unstuck or be torn off ; — the damage must not be such as to endanger the safe transport of the canister(s) in the carton ;

(b) a compression test in accordance with ISO standard Nos 2872 and 2874. For this test, each complete packaging is placed separately, in the normal transportation position , between the plates of the press .

During the test, the relative speed of the plates is 10 mm / minute .

The criteria of approval is that, after applying a pressure of 3 500 kg/ m 2 over the base area, the entire packaging ( metal canisters and carton ) may get slightly out of shape but must keep its entirety . Five complete packagings must be tested .

Before the tests, the complete filled packagings are subject to the following treatment in accordance with ISO standard No 2233 : storage for 48 hours at 25 °C with a relative humidity of 90 % .

The conformity of the cardboard carton with the standards defined above must have been verified by a packaging institute approved by the Member State concerned which shall issue the appropriate certificate and test report together with a description of the technical characteristics of the packaging material .

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2. 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 : ' Butteroif ; (b) the words : 'Gift of the European Economic Community (together with appropriate mark­ ings for each individual delivery) ; (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.