31975R3178

5 . 12. 75 Official Journal of the European Communities No L 315/ 15

REGULATION (EEC) No 3178/ 75 OF THE COMMISSION

of 4 December 1975

on the sale by tender of skimmed-milk powder at a reduced price for export in the form of compound feedingstuffs

THE COMMISSION OF THE EUROPEAN verifying that the powder is in fact processed and COMMUNITIES, exported, for the use of the control copy provided for by Commission Regulation (EEC) No 23 1 5/69 (4) of 19 November 1969 on the use of Community transit Having regard to the Treaty establishing the European documents for the purpose of applying Community Economic Community ; measures for verifying the use and/or destination of goods, as last amended by Regulation (EEC) No 690/73 (5) ; Having regard to Council Regulation (EEC) No 804/68 (j) of 27 June 1968 on the common organiza­ Whereas, in order to facilitate control, the aid tion of the market in milk and milk products, as last amended by Regulation (EEC) No 740/75 (2), and in provided for in Article 10 of Regulation (EEC) No particular Articles 7 (5) and 28 thereof ; 804/68 should not be granted in the case of compound feedingstuffs manufactured from skimmed­ milk powder sold under this measure, and whereas Whereas, under Council Regulation (EEC) No Commission Regulation (EEC) No 532/75 (6) of 28 2808/75 (3) of 29 October 1975 laying down special February 1975 concerning the recovery on exportation measures for the disposal, with a view to its incorpora­ of aids granted in respect of skimmed-milk powder tion in compound feedingstuffs, of skimmed-milk for use as feed and in respect of skimmed milk powder held in public storage, skimmed-milk powder processed into compound feedingstuffs should there­ held by intervention agencies and put into storage fore not be applied to exports of these compound before 1 April 1974 may be sold at a reduced price ; feedingstuffs ; whereas approximately 50 % of the quantity in ques­ tion is to be sold for export in the form of compound Whereas, for purposes of the compensatory amounts feedingstuffs ; whereas in view of the magnitude of fixed pursuant to Council Regulation (EEC) No public stocks this provision should be applied ; 974/71 (7) of 12 May 1971 on certain measures of whereas, in order to ensure equal access to all expor­ conjunctural policy to be taken in agriculture ters, the skimmed-milk powder should be sold by following the temporary widening of the margins of tender ; fluctuation for the currencies of certain Member States, as last amended by Regulation (EEC) No 475/75 (8), the value of the products concerned should Whereas a system of supervision should be set up to be taken into account ; ensure that the skimmed-milk powder is not diverted from its destination ; whereas such supervision should operate from the time of removal from storage until Whereas the measures provided for in this Regulation export of the product in the form of compound are in accordance with the Opinion of the Manage­ feedingstuffs ; whereas, moreover, the provision of ment Committee for Milk and Milk Products, security, on-the-spot supervision during processing of the said products and the use of distinctive packaging will assist in achieving this aim ;

HAS ADOPTED THIS REGULATION :

Whereas, in order to ensure that the skimmed-milk powder is not diverted from its destination during Article 1 processing, provision should be made for the compound feedingstuffs to be manufactured in an undertaking approved by the Member State 1 . There shall be put for sale, on the terms here­ concerned ; inafter set out, skimmed-milk powder bought in pursuant to Article 7 ( 1 ) of Regulation (EEC) No 804/68 and taken into storage after 31 May and before Whereas, where processing and /or exportation take 1 October 1973 . place in a Member State other than the Member State of sale, provision should be made, for the purpose of (4) OJ No L 295, 24. 11 . 1969, p. 14. (5) OJ No L 66, 13 . 3 . 1973, p. 23 . (') OJ No L 148 , 28 . 6 . 1968 , p . 13 . (') OJ No L 56, 3 . 3 . 1975, p. 20 . (2) OJ No L 74, 22 . 3 . 1975 , p . 1 . (7) OJ No L 106, 12. 5 . 1971 , p. 1 . (J) OJ No L 280, 31 . 10 . 1975, p . 2. (8) OJ No L 52, 28 . 2. 1975, p. 28 .

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2. The skimmed-milk powder in question shall be (a) to have all the skimmed-milk powder awarded to exported in the form of compound feedingstuffs. him processed into compound feedingstuffs as defined in Article 1 (3) in an undertaking 3. For the purpose of this Regulation, 'compound approved by the Member State in whose territory feedingstuffs' means products containing at least : the processing is carried out ;

— 50 % skimmed-milk powder sold pursuant to this (b) to export to a non-member country within two Regulation, months from the day on which he takes delivery in accordance with Article 14 (2) the entire quan­ — 2-5 % lucerne meal or grass meal containing at tity of compound feedingstuffs thus produced. least 70 % particles not exceeding 0-3 mm,

— 2 % starch as such or in the form of meal . Approval for the purposes of (a) may be granted only in respect of undertakings capable of processing at No skimmed milk or skimmed-milk powder other least 1 5 metric tons of skimmed-milk powder per day. than as above may be used in the manufacture of such products.

Article6¶

1 . Tenders, which shall be in writing, shall be sent The skimmed-milk powder shall be sold by tender, to to the intervention agency either by hand against be arranged by each intervention agency for the rele­ acknowledgement of receipt or by registered letter vant quantities held by it. addressed to the intervention agency. Intervention agencies may also authorize the use of telex.

Article3¶

1 . The intervention agency shall issue an invitation (a) the name and address of the tenderer ; to tender indicating in particular : (b) the quantity to which the tender relates ; (a) the quantities of skimmed-milk powder for sale pursuant to this Regulation ; (c) the price offered per metric ton, exclusive of internal taxes, ex storage depot, expressed in the (b) the location of the depot or depots in which these currency of the Member State in which the invita­ quantities are stored ; tion to tender is held ; (c) the closing date and address for the submission of tenders . (d) the depot in which the skimmed-milk powder is stored .

2 . The notice of invitation to tender shall be published in the Official Journal of the European A tender relating to two or more storage depots shall Communities at least 20 days before the closing date be regarded as comprising a number of separate for the submission of tenders . The intervention tenders equal to the number of depots mentioned. agency may also publish such notice elsewhere.

3 . A tender shall not be valid unless it relates to a 3 . The first closing date for the submission of quantity of at least 300 metric tons. tenders shall be 6 January 1976 at 12 noon.

However, if the quantity available in a storage depot is 4. As regards the quantities not awarded on the first less than the above quantity, the quantity available invitation to tender, a new closing date for the submis­ shall constitute the minimum quantity for tender. sion of tenders shall be fixed subsequently.

4. A tender shall not be valid unless accompanied Article 4 by :

The intervention agency shall take the necessary (a) the written undertaking referred to in Article 5 measures to enable prospective tenderers to examine specifying the undertaking in which processing is at their own expense, before submitting a tender, to be carried out ; samples of the skimmed-milk powder for sale. (b) a declaration whereby the tenderer agrees to forego any claim as to the quality and characteristics of any skimmed-milk powder sold to him ; Article 5 (c) proof that before expiry of the period set for the A tenderer may not take part in the invitation to submission of tenders, the tenderer has lodged the tender unless he gives a written undertaking : security for tender referred to in Article 7.

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5. A tender may stipulate that it is not to be If the quantity available in the storage depot in ques­ regarded as having been submitted unless a contract is tion is not exhausted by this award, contracts shall be awarded in respect of the entire quantity indicated in awarded to other tenderers in descending order of the tender. tender until the quantity outstanding has been accounted for. A tender may stipulate that it is not to be regarded as having been submitted unless a contract is awarded in 3. Where acceptance of a tender would result in a respect of a specific quantity indicated in the tender. contract being awarded for more skimmed-milk powder than is available at the storage depot in ques­ 6. No tender may be withdrawn. tion, then a contract shall be awarded to the tenderer

concerned only in respect of the quantity available.

Article 7 4. Where acceptance of two or more tenders 1 . The security for tender shall be 10 units of offering the same price would result in contracts account per metric ton . being awarded in excess of the quantity still available, the award shall be made by drawing lots. 2. It shall take the form, at the option of the Member State concerned, either of a cheque made out Article 11 in favour of the intervention agency, or of a guarantee satisfying criteria laid down by that Member State. Rights and obligations arising in connection with the invitation to tender shall not be transferable . 3 . Except in the event of force majeure, the security for tender shall be released only in respect of that quantity : Article 12 (a) in respect of which the tenderer : 1 . Every tenderer shall immediately be notified by — has not withdrawn his tender before the award the intervention agency of the result of his tender. of contracts and

— has, within the time prescribed, paid the 2. Every successful tenderer shall, before taking amount corresponding to his tender and delivery of any quantity in accordance with Article 14 lodged the processing and export security (2), pay to the intervention agency an amount corres­ provided for in Article 13 ; ponding to his tender in respect of that quantity.

or (b) in respect of which the tender has been refused. Article 13

1 . Before taking delivery of any quantity of Article 8 skimmed-milk powder the competent authority shall in accordance with Article 7 (2) lodge with the inter­ In the light of the tenders received and in accordance vention agency of the Member State in whose territory with the procedure laid down in Article 30 of Regula­ the processing referred to in Article 5 (a) takes place tion (EEC) No 804/68 , a minimum selling price shall the processing and export security fixed in accordance be fixed, or alternatively a decision shall be taken to with Article 9 . make no award .

2. Where the security is lodged in a Member State Article 9 other than that of sale, the competent authority which receives the security shall forward without delay to the At the same time as the minimum selling price is intervention agency of the Member State of sale a fixed and under the same procedure, the processing declaration stating the amount of the security and export security required under Article 13 shall be provided and the quantities of skimmed-milk powder fixed per 100 kg by reference to the difference involved and confirming approval of the undertaking between the market price of skimmed-milk powder in which the processing referred to in Article 5 (a) is and the minimum price fixed. to be carried out. N

Article14¶

1 . A tender shall be refused if the price offered is 1 . When payment has been made in accordance with Article 12 (2) and the security required under lower than the minimum price fixed . Article 13 has been lodged and, in the case specified 2. Subject as provided in paragraph 1 , the contract in Article 13 (2), after receipt of the declaration shall be awarded to the tenderer offering the highest referred to in that paragraph, the intervention agency price . shall issue a removal voucher showing :

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(a) the quantity in jrespect of which these conditions (a) if the processing into compound feedingstuffs and have been fulfilled ; the dispatch of the goods from the geographical territory of the Community both take place in the (b) the depot in which that quantity is stored ; Member State of sale : by documents showing that (c) the final date for taking delivery of the skimmed­ these conditions have been fulfilled ; milk powder concerned. (b) if processing of the skimmed-milk powder and/or 2. Every successful tenderer shall take delivery of dispatch from the geographical territory of the the skimmed-milk powder awarded to him within 30 Community of the compound feedingstuffs take days of receiving the notification provided for in place in a Member State other than the Member Article 12 ( 1 ). He may take delivery in instalments of State of sale : by the production of the control not less than 10 metric tons each. copy specified in Article 1 of Regulation (EEC) No 2315/69 . Except in the event of force majeure, if a successful tenderer has not taken delivery within the time pres­ Sections 101 , 103 , 104 and 106 on the control cribed of all the skimmed-milk powder awarded to copy shall be completed. him, the contract shall be cancelled in respect of that quantity still outstanding. (aa) If the skimmed-milk powder is to be processed in a Member State other than the Article 15 Member State of sale , Section 104 shall be completed by deletion of the items not appli­ The skimmed-milk powder shall be delivered by the cable and by insertion against the second intervention agency in packages marked in letters at indent of one of the following endorsements : least 1 cm high as follows :

'Skimmed-milk powder for export in the form of 'Skimmed-milk powder : compound feedingstuffs (Regulation (EEC) No (i) to be processed into compound feeding­ 3178/75)', stuffs as defined in Regulation (EEC) No 'Lait écrémé en poudre destiné à 1 exportation sous 3178 /75, forme d'aliments composés pour animaux (règlement (ii) and then to be exported' ; (CEE) n» 3178/75)',

'Zur Ausfuhr als Mischfutter bestimmtes Magermilch­ ' Lait écréme en poudre destiné : pulver (Verordnung (EWG) Nr. 3178/75)', (i) à être transformé en aliments composés au 'Latte scremato in polvere destinato all esportazione sens du règlement (CEE) n0 3178 /75, sotto forma di alimenti composti per animali (regola­ mento (CEE) n . 3178/75)', (ii) puis à être exporté' ;

'Magere-melkpoeder bestemd voor uitvoer in de vorm Magermilchpulver bestimmt : van mengvoeder (Verordening (EEG) nr. 3178/75)',

'Skummetmælkspulver bestemt til eksport i form af (i) zur Verarbeitung zu Mischfutter, gemäß foderblandinger (forordning (EØF) nr. 3178/75)'. Verordnung (EWG) Nr. 3178 /75,

(ii) alsdann zur Ausfuhr' ; Article 16 Latte scremato in polvere destinato : 1 . From the time of its removal from store until its export, the skimmed-milk powder and the compound (i) ad essere trasformato in alimenti composti feedingstuffs in which it is incorporated shall be ai sensi del regolamento (CEE) n . 3178 /75, placed and remain under customs or equivalent admi­ (ii) ad essere esportato' ; nistrative control .

Magere-melkpoeder bestemd : 2. The competent authority of the Member State on whose territory the processing into compound feeding­ (i) om te worden verwerkt tot mengvoeder in stuffs takes place shall exercise physical supervision of de zin van Verordening (EEG) nr. 3178 /75, this operation . (ii) om nadien te worden uitgevoerd' ; The extra costs involved by such supervision shall be 'Skummetmaelkspulver bestemt til : borne by the successful tenderer. They shall be calcu­ lated at a flat rate of two units of account per metric (i) fremstilling af foderblandinger i henhold ton of skimmed-milk powder, subject to a minimum til forordning (EØF) nr. 3178 / 75 , of 50 units of account per day of supervision . (ii) herefter til eksport'.

Article 17 Section 106 shall indicate the date on which 1 . Proof of processing and export shall be furnished the successful tenderer took delivery of the as follows : skimmed-milk powder.

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Where verification of exportation as specified Section 106 shall indicate : in (ii) is carried out in a Member State other — the date on which the successful tenderer than the State in which processing as referred took delivery of the skimmed-milk to in (i) was carried out, the customs office powder, which verified the said processing shall return the control copy to the customs office of — the weight of skimmed-milk powder used departure, indicating that it has verified only to produce the quantity of compound such processing, and shall issue to the person feedingstuffs indicated in Section 103 . concerned, in respect of the compound The customs office which verified exportation feedingstuffs produced, one or more control shall endorse the control copy and return it copies as referred to in Article 1 of Regula­ to the customs office of departure in the tion (EEC) No 2315/69 in which Sections Member State of sale . 101 , 103 , 104 and 106 shall be completed.

2. Except in the event of force majeure, the Section 104 shall contain one of the endorse­ processing and export security referred to in Article ments set out in (bb) hereunder ; 13 ( 1 ) shall be released only in respect of those quanti­ Section 106 shall indicate : ties in respect of which the proof specified in para­ graph 1 has been furnished . — the number of the control copy issued by the customs office of departure and the The security shall be released at once. name of that office ,

— the date on which the successful tenderer Article 18 took delivery of the skimmed-milk powder, In the event of force majeure, the intervention agency shall take such action as it considers necessary having — the weight of the skimmed-milk powder regard to the circumstances invoked. used to produce the quantity of compound feedingstuffs indicated in Section 103 . Article 19

The customs office which has verified that Member States shall inform the Commission by exportation as specified in (ii) has taken place Tuesday of each week of the quantities of skimmed­ shall endorse the control copy from the office milk powder released from storage pursuant to this which verified processing and shall return Regulation during the preceding week. this copy via the said office to the customs office of departure in the Member State of Article 20 sale .

1 . In respect of skimmed-milk powder sold under (bb) If the skimmed-milk powder is processed this Regulation , the compensatory amounts fixed into compound feedingstuffs in the Member pursuant to Regulation (EEC) No 974/71 shall be State of sale and is to be dispatched from the multiplied by a coefficient to be determined under geographical territory of the Community via the procedure referred to in Article 8 at the same time another Member State , Section 104 shall be as the minimum selling price by reference to the completed by deletion of the items inappli­ difference between that price and the market price of cable and by insertion against the second skimmed-milk powder. indent of one of the following endorsements :

2. The aid provided for in Article 10 of Regulation ' Compound feedingstuffs for export pursuant (EEC) No 804/68 shall not be granted for in respect of to Regulation (EEC) No 3178 /75', skimmed-milk powder incorporated in compound 'Aliments composés destinés a être exportés feedingstuffs manufactured pursuant to this Regula­ au titre du règlement (CEE) n0 3178 /75', tion .

'Zur Ausfuhr bestimmtes Mischfutter gemäß 3 . Regulation ( EEC) No 532/75 shall not apply to Verordnung ( EWG) Nr. 3178 /75', the compound feedingstuffs referred to in para­ ' Alimenti composti destinati ad essere espor­ graph 2 . tati a titolo del regolamento (CEE) n . 3178 / 75 ', Article 21 Mengvoeder bestemd voor uitvoer volgens Verordening (EEG) nr. 3178 /75', This Regulation shall enter into force on the day ' Foderblandinger bestemt til eksport i following its publication in the Official Journal of henhold til forordning (EØF) nr. 3178 /75'. the ' European Communities.

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

Done at Brussels, 4 December 1975.

For the Commission

P. J. LARDINOIS

Member of the Commission