31975R2660
21 . 10 . 75 Official Journal of the European Communities No L 270/ 1 1
REGULATION (EEC) No 2660 /75 OF THE COMMISSION of 20 October 1975 on invitations to tender for the supply of butteroil bought on the Community market as food aid to certain developing countries and to the World Food Programme
THE COMMISSION OF THE EUROPEAN dure hitherto adopted for similar cases should in the COMMUNITIES , main be followed ;
Having regard to the Treaty establishing the European Whereas the measures provided for in this Regulation Economic Community ; are in accordance with the Opinion of the Manage ment Committee for Milk and Milk Products, Having regard to Council Regulation (EEC) No 804/68 (') of 27 June 1968 on the common organiza tion of the market in milk and milk products, as last amended by Regulation (EEC) No 740/75 (2), and in HAS ADOPTED THIS REGULATION : particular Articles 6 (7) and 28 thereof ;
Article 1 Having regard to Council Regulation (EEC) No 1541 /75 (3) of 16 June 1975 laying down general rules for the supply of milk fats as food aid to certain deve Where it is decided, in accordance with Regulation loping countries and international organizations under (EEC) No 1542/75, to supply butteroil in the form of the 1975 food-aid programme, and in particular butter fats which are of Community origin and not Article 7 thereof ; taken from public stocks to developing countries and to the WFP, the tendering procedure provided for in Whereas Council Regulation (EEC) No 1 542/75 (4) of Article 5 of Regulation (EEC) No 1541 /75 shall 16 June 1975 on the supply of milk fats as food aid to comply with the rules laid down in this Regulation . certain developing countries and international organi zations under the 1975 food-aid programme lays down , inter alia, that 17 850 metric tons of butteroil Article 2 obtained from butter held by intervention agencies should be made available to certain developing coun 1 . Intervention agencies shall invite tenders, indi tries, and 16 000 metric tons to the World Food cating in particular : Programme, hereinafter referred to as WFP ; — the quantity of butteroil to be delivered ; Whereas, in accordance with Article 2 (2) of Regula — the destination and means of delivery ; tion (EEC) No 1541 /75, supply may be ensured by — the insurance arrangements for the goods to be means of butter or butter fats available on the Commu transported ; nity market if the market situation is such that it is — the time limit and address for the submission of not possible to use products from public stocks ; whereas such an operation must be carried out tenders ; without disturbing the normal development of market — period in which delivery is provided. prices ; 2. The invitation to tender shall be published in Whereas the market situation in the Community is the Official Journal of the European Communities characterized by the existence of small quantities of not less than 10 days before the time limit for the butter in public storage and large-scale availabilities in submission of tenders . the private sector ; whereas, in this situation, certain supplies should be provided in the form of butter or The intervention agency may also publish such invita butter fats available on the Community market ; tion elsewhere . whereas under Article 5 of Regulation (EEC) No 1541 /75, such operations should normally be effected by way of a tendering procedure ; Article 3
Whereas the rules for such an invitation to tender The invitation to tender shall be open only to should therefore be determined ; whereas the proce processing undertakings approved for that purpose by the Member State on whose territory processing is to (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . take place . Only those undertakings capable of (2 ) OJ No L 74, 22. 3 . 1975 , p . 1 . (} ) OJ No L 157, 19 . 6 . 1975, p. 4. meeting the obligations laid down in this Regulation "*) OJ No L 157, 19 . 6. 1975 , p . 6. may be approved .
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Article 4 and Irish intervention agencies shall be considered, after conversion into units of account, to have been 1 . Tenders shall be submitted in writing and either increased by the accession compensatory amount delivered to the intervention agency against acknow applicable to the quantities of butteroil in question in ledgement of receipt or sent by registered letter to the trade between the Community as originally consti intervention agency. The intervention agency may tuted and Denmark on the one hand , and the new also authorize the use of telex . Member State concerned on the other.
2 . Where the invitation to tender covers several The accession compensatory amount referred to in the lots, no tender may relate to more than one lot. preceding subparagraph, expressed in units of account, shall be calculated on the basis of a 99-9 % fat 3 . The tender shall indicate : content of the butteroil . (a) the name and address of the tenderer ; (b) the Community port chosen as port of loading ; Article 7 (c) the price, exclusive of taxes, at which the tenderer undertakes to make the supply in question in 1 . A tender shall be rejected if the price proposed, accordance with the terms laid down, expressed in when converted into units of account and, where appli the currency of the Member State to which the cable, corrected in accordance with Article 6 (2), is tender is addressed ; such price shall include the higher than the maximum price fixed for the lot in insurance costs for the transport of the butteroil question . up to the prescribed point of delivery. 2. Without prejudice to paragraph 1 , the successful 4. A tender shall be valid only if it relates to an tenderer shall be the one whose offer quotes the entire lot put up for tender. lowest price converted into units of account, and, where applicable , corrected in accordance with Article 5. A tender shall be valid only if it is accompanied 6(2). by : If several intervention agencies have received offers in (a) a document certifying the approval referred to in the same amount expressed in units of account and if Article 3 ; those offers are the most favourable, the award shall (b) an undertaking from the tenderer that he will be made by the intervention agency determined in abide by the conditions laid down in Article 8 ; accordance with the procedure referred to in Article (c) proof that the surety referred to in Article 5 has 6(1 ). been provided before the time limit for the submis sion of tenders . In the case where the intervention agency must take into consideration several offers showing the same 6 . No tender may be withdrawn . price, the award shall be made by drawing lots.
3 . Each tenderer shall be notified immediately by Article 5 the intervention agency of the result of his tender.
1 . The surety for the tender shall be 40 units of 4. The rights and obligations arising from the account per metric ton of butteroil . award shall not be transferable . 2. It shall take the form, at the option of the 5 . The intervention agency shall inform the Member State concerned, either of a cheque made out Commission immediately of the name and address of in favour of the intervention agency or of some other the successful tenderer. form of surety which satisfies the criteria laid down by that Member State . Article 8 Article 6 1 . The successful tenderer shall , at the time and 1 . In the light of the tenders received, and in accor place laid down , deliver the relevant quantities of dance with the procedure laid down in Article 30 of butteroil in accordance with the requirements Regulation (EEC) No 804/68 , a maximum price shall concerning quality, packaging and marking laid down be fixed, expressed in units of account, or a decision in the Annex to this Regulation . He shall, within the shall be taken to make no award . time prescribed, communicate to the intervention agency and to the recipient country or the WFP, as 2. For purposes of the decision referred to in para the case may be, the information required under the graph 1 and for the award of the contract, the Regulation relating to the invitation to tender in ques amounts of tenders submitted to the United Kingdom tion .
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2. Delivery shall be deemed to have taken place measures for verifying the use and/or destination of when the goods are deposited at the port of loading at goods, as amended by Regulation (EEC) No 690/73 (2). a point designated by the recipient country or by the WFP, as the case may be, or by their respective repre Sections 101 , 103 and 104 of the control copy shall be sentatives . completed. Section 104 shall be completed by dele ting the references not required and inserting in the 3 . The successful tenderer shall submit to all quan second indent one of the following statements : tity controls effected at the port by the representative ' Butteroil destiné à être exporté au titre de 1 aide of the recipient country or of the WFP. He shall alimentaire (règlement (CEE) n0 2660/75)', supply for that purpose a list setting out the manufac turer's lot numbers comprising the supply and speci 'als Nahrungsmittelhilfe auszuführendes Butteron fying the number of cartons corresponding thereto. (Verordnung (EWG) Nr. 2660/75)', ' 'Butteroil destinato ad essere esportato a titolo di aiuto alimentare (regolamento (CEE) n . 2660/75,' Article 9 ' Butteroil bestemd om te worden uitgevoerd als voed selhulp (Verordening (EEG) Nr. 2660/75)', 1 . The manufacture of the butteroil shall take place in the Member State where the tender was awarded . 'Butteroil intended for export as food aid (Regulation (EEC) No 2660/75)', 2. At the time of the manufacture and packing of ' Butteroil bestemt til eksport som fødevarehjælp the butteroil, the competent agency of the Member (forordning (EØF) nr. 2660/75)'. State concerned shall ensure that :
— the butter fats used are of Community origin ; Article 11 — the quality and packaging conform to the provi sions contained in the Annex ; 1 . In the case of deliveries to developing countries, a certificate of acceptance shall be given on delivery of — the packagings used conform to the type of pack the goods to the successful tenderer acting as agent for aging specified in the certificate referred to in the the Community by the consignee recipient designated Annex issued by the approved packaging institute. by the recipient country at the port of loading or, where no such consignee is designated, by the repre 3 . If, in conclusion of its investigations as aforesaid, sentative of the intervention agency of the Member the agency concerned considers that the required State where the tender was awarded . conditions have been fulfilled, before completion of the customs formalities referred to in Article 10(1 ), it 2 . In the case of deliveries to the WFP, on delivery shall issue to the successful tenderer an attestation to of the goods at the port of loading, the representative the effect that the conditions referred to in paragraph of the WFP shall give the successful tenderer acting as 2 of this Article have been fulfilled . agent for the Community a letter certifying that the WFP has taken delivery thereof.
Article 10 A rticle 1 2 1 . The customs export formalities shall be carried out in the Member State where the tender was 1 . On production of the documents referred to : awarded . — in Articles 9 (3) and 1 1 and of a customs docu ment establishing that the product has left the 2. If export of the consignment of butteroil from geographical territory of the Community, in the the geographical territory of the Community is to be effected from a Member State other than that in case of export from the Member State where the export formalities were completed, which the export formalities were completed, the consignment shall be bonded immediately upon — in Articles 9(3), 10(2) and 11 , if export from the completion of those formalities and until it leaves the geographical territory of the Community was geographical territory of the Community. effected from a Member State other than that in which the export formalities were completed, Proof that the consignment has left the geographical territory of the Community may be furnished only by the competent agency of the Member State where the production of the control copy referred to in Article 1 tender was awarded shall pay the successful tenderer, of Commission Regulation (EEC) No 2315/69 (') of within a fortnight from the day of production of the 19 November 1969 on the use of Community transit abovementioned supporting documents, the price documents for the purpose of applying Community referred to in Article 4 (3) (c).
(') OJ No L 295, 24. 11 . 1969 , p. 14. (2) OJ No L 66, 13 . 3 . 1973 , p. 23 .
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2. If, for reasons not attributable to the successful Article 14 tenderer, the period laid down for delivery in the invi Except in cases of force majeure, the successful tation to tender must be extended or production of tenderer shall bear all financial liabilities which would the proof referred to in Article 1 0 (2) is delayed, the have been borne by the Community by reason of abovementioned agency may permit, on submission of failure to deliver the butteroil to the place and by the the attestation provided for in Article 9 (3), advances time appointed, provided always that the recipient on the price referred to in Article 4(3)(c). country or the WFP permitted delivery to be effected However, such an advance may not exceed 80 % of to the place and by the time specified. the abovementioned price and shall be paid only if The expenditure resulting from failure to deliver the the successful tenderer provides, under the conditions butteroil through force majeure shall be defrayed by laid down in Article 5 (2), a corresponding security. the competent agency of the Member State where the 3 . In the case of deliveries to the WFP, the compe tender was awarded and shall be borne by the Commu tent agency of the Member State where the tender was nity. awarded shall pay the WFP, within 30 days from the receipt of the letter referred to in Article 1 1 (2), a Article 15 contribution of 79 u.a. per metric ton of butteroil delivered towards the costs of forwarding and distribu In case of force majeure, the intervention agency tion of the butteroil . concerned shall determine the measures which it considers necessary in view of the circumstances Article 13 invoked .
1 . Except in cases of force majeure, the tendering Article 16 surety provided for in Article 5 shall be released only : (a) if the tenderer has not withdrawn his tender before No refund or compensatory amount (monetary or the award of the contract and if he has supplied accession) shall be applied to the butteroil referred to in this Regulation . the intervention agency with the supporting docu ments referred to in either the first or second indent of Article 12(1 ), as the case may be. Article 17 (b) if no award has been made. This Regulation shall enter into force on the third day 2. The release of the surety shall take place immedi following its publication in the Official Journal of ately. the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 20 October 1975.
For the Commission
P.J. LARDINOIS Member of the Commission
21 . 10 . 75 No L 270/ 15 Official Journal of the European Communities
ANNEX
1 . 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 0-3 % (oleic acid), amount of peroxide/kg : maximum 0-5 unit (in milliequivalents of oxygen per kg), flavour : fresh, . smell : absence of smells unconnected with butteroil .
No use may be made of neutralizing agents, and in particular alkaline salts, in the manufacture of butteroil .
For certain deliveries, particular requirements may be fixed .
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 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 canisters) 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 subjected 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 packages 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 the description of the technical charac teristics 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 : 'Butteroil' ; (b) the words : 'Gift of the European Economic Community', with the addition of specific details for each particular 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.