31975R3253
13 . 12 . 75 Official Journal of the European Communities No L 322/ 29
REGULATION (EEC) No 3253/ 75 OF THE COMMISSION of 12 December 1975 on the sale by tender of skimmed-milk powder for processing into compound feedingstuffs
THE COMMISSION OF THE EUROPEAN Whereas, in order to ensure that manufacture is COMMUNITIES, subject to supervision, provision should be made for the compound feedingstuffs to be manufactured in an undertaking approved by the Member State Having regard to the Treaty establishing the European concerned ; Economic Community ; Whereas, where processing takes place in a Member State other than the Member State of sale, provision Having regard to Council Regulation (EEC) No should be made, for the purpose of verifying destina 804/68 ( ! ) of 27 June 1968 on the common organiza tion, for the use of the control copy provided for by tion of the market in milk and milk products, as last Commission Regulation (EEC) No 2315/69 (6) of 19 amended by Regulation (EEC) No 740/75 (2), and in November 1969 on the use of Community transit particular Articles 7 (5) and 28 thereof ; documents for the purpose of applying Community measures for verifying the use and/or destination of goods, as last amended by Regulation (EEC) No Whereas under Council Regulation (EEC) No 690/73 (7) ; 2808/75 (3) of 29 October 1975 laying down special measures for the disposal, with a view to its incorpora Whereas the measures provided for in this Regulation tion in compound feedingstuffs, of skimmed-milk are in accordance with the Opinion of the Manage powder held in public storage, skimmed-milk powder ment Committee for Milk and Milk Products, held by intervention agencies and put into storage before 1 April 1 974 may be sold at a reduced price ; whereas approximately 50 % of the quantity in ques HAS ADOPTED THIS REGULATION : tion is to be sold for use in the Community in the form of compound feedingstuffs ; whereas in view of Article 1 the magnitude of public stocks this provision should be applied ; whereas, in order to ensure equal access to 1 . There shall be put up for sale, on the terms here all purchasers, the sale should be by tender ; inafter set out, skimmed-milk powder bought in pursuant to Article 7 ( 1 ) of Regulation (EEC) No Whereas, in order to ensure that the measure is effec 804/68 and taken into storage after 30 September 1973 and before 1 November 1973 . tive, a minimum skimmed-milk powder content should be fixed for the compound feedingstuffs ; 2. The skimmed-milk powder put up for sale whereas this measure concerns more particularly pursuant to this Regulation shall be for use as compound feedingstuffs for calves, which feedingstuffs compound feedingstuffs as defined in Article 4 of may be defined by reference to Commission Regula Regulation (EEC) No 990/72 with a skimmed-milk tion (EEC) No 990/72 (4) of 15 May 1972 on detailed powder content of at least 50 % . rules for granting aid for skimmed-milk processed into compound feedingstuffs and for skimmed-milk powder for use as feed, as last amended by Regulation Article 2 (EEC) No 453/73 (5) ; The skimmed-milk powder shall be sold by tender.
Whereas a system of supervision should be set up to Article 3 ensure that the skimmed-milk powder is not diverted from its destination ; whereas such supervision should 1 . The selling intervention agency shall issue an operate from the time of removal from storage until invitation to tender indicating in particular : processing into compound feedingstuffs ; whereas the provision of security and the use of distinctive pack (a) the quantities of skimmed-milk powder put up for aging will assist in achieving this aim ; sale for the use referred to in Article 1 (2) ; (b) the location of the depot or depots in which these (') OJ No L 148 , 28 . 6. 1968 , p. 13 . quantities are stored ; (2) OJ No L 74, 22. 3 . 1975, p. 1 . (3) OJ No L 280, 31 . 10 . 1975, p. 2. (<) OJ No L 115, 17. 5. 1972, p. 1 . (6) OJ No L 295, 24. 11 . 1969, p. 14. 5) OJ No L 53, 26. 2. 1973, p. 4. (7) OJ No L 66, 13 . 3 . 1973 , p. 23 .
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(c) the closing date and address for the submission of — send to the Commission immediately on expiry of tenders . the time limit specified in Article 3 (3) a list of the tenders validly submitted, indicating the amounts 2. The notice of invitation to tender shall be offered ; published in the Official Journal of the European — after the Commission has fixed a minimum price, Communities at least 20 days before the closing date forward to the selling agency, with a view to the for the submission of tenders . The intervention award of contracts in accordance with Article 10 agency may also publish such notice elsewhere. (2) (3) and (4), those tenders indicating an amount equal to or exceeding that price, together with the 3 . The first closing date for the submission of corresponding supporting documents as specified tenders shall be 6 January 1976, at 12 noon . in paragraph 4 (a) and (b).
4. As regards the quantities not awarded on the first 2. Every tender shall indicate : invitation to tender, a new closing date for the submis sion of tenders shall be fixed subsequently. (a) the name and address of the tenderer ; (b) the quantity to which the tender relates ; Article 4 (c) the price offered per metric ton, exclusive of internal taxes, ex-storage depot, expressed in the The selling intervention agency shall take the neces currency of the Member State in which the invita sary measures to enable prospective tenderers to tion to tender is held ; examine at their own expense, before submitting a (d) the depot in which the skimmed-milk powder is tender, samples of the skimmed-milk powder for sale. stored .
Article 5 A tender relating to two or more storage depots shall be regarded as comprising a number of separate 1 . A tenderer may not take part in the invitation to tenders equal to the number of depots mentioned. tender unless he gives a written undertaking that he will, within two months from the day on which he 3 . A tender shall not be valid unless it relates to a takes delivery in accordance with Article 14 (2), have quantity of at least 40 metric tons. the entire quantity of skimmed-milk powder awarded to him processed into compound feedingstuffs as However, if the quantity available in a given storage defined in Article 1 (2) in an undertaking approved by depot is less than the above quantity, the quantity the Member State in whose territory the processing is there available shall constitute the minimum quantity carried out . for tender.
2. Approval for the purposes of the proceding para 4. A tender shall not be valid unless accompanied graph may be granted only in respect of undertakings by : capable of processing at least 1 5 metric tons of skimmed-milk powder per day. (a) the written undertaking referred to in Article 5, specifying the undertaking in which processing is to be carried out ; Article 6 (b) declaration whereby the tenderer agrees to forego any claim as to the quality and characteristics of 1 . Tenders, which shall be in writing, shall be any skimmed-milk powder sold to him ; submitted to the intervention agency either by hand against acknowledgement of receipt or by registered (c) proof that, before expiry of the period set for the letter addressed to the intervention agency. Interven submission of tenders, the tenderer has lodged the tion agencies may also authorize the use of telex. security for tender referred to in Article 7.
Each tender shall be submitted to the intervention 5. A tender may stipulate that it is not to be agency of the Member State on whose territory the regarded as having been submitted unless a contract is processing specified in Article 5 ( 1 ) is to be carried awarded in respect of the entire quantity indicated out . therein .
Where that intervention agency is not the selling inter A tender may stipulate that it is not to be regarded as vention agency, it shall : having been submitted unless a contract is awarded in respect of a specific quantity indicated therein . — check that the tenders comply with the provisions of paragraphs 2 to 5 hereinafter and shall reject tenders not validly submitted ; 6 . No tender may be withdrawn .
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Article 7 powder than is available at the storage depot in ques tion , then a contract shall be awarded to the tenderer 1 . The security for tender shall be made out in concerned only in respect of the quantity available. favour of the intervention agency to which the tender is submitted. It shall be 10 units of account per metric 4. Where acceptance of two or more tenders ton . offering the same price would result in contracts being awarded in excess of the quantity still available, 2. It shall take the form , at the option of the the award shall be made by drawing lots . Member State concerned, either of a cheque made out in favour of the intervention agency, or of a guarantee Article 11 satisfying criteria laid down by that Member State.
3 . Except in the event of force majeure, the secu Rights and obligations arising in connection with the invitation to tender shall not be transferable . rity for tender shall be released only in respect of that quantity : Article 12 (a) in respect of which the tenderer
— has not withdrawn his tender before the award 1 . Every tenderer shall immediately be notified by of contracts, the selling intervention agency of the result of his and tender. Where appropriate the selling agency shall at the same time notify such result to the intervention — has, within the time prescribed, paid the agency to which the tender was originally submitted. amount corresponding to his tender and lodged the processing security provided for in 2. Every successful tenderer shall, before taking Article 13 , delivery of any quantity in accordance with Article 14 or (2), pay to the selling intervention agency an amount corresponding to his tender in respect of that quan (b) in respect of which the tender has been refused . tity.
Article 8 Where appropriate the selling agency shall forthwith notify such payment to the intervention agency to In the light of the tenders received and in accordance which the tender was originally submitted, indicating with the procedure laid down in Article 30 of Regula the amount thereof and the quantities concerned. tion (EEC) No 804/68 , a minimum selling price shall be fixed, or a decision shall be taken to make no award . Article 13
1 . Before taking delivery of any quantity of skim Article 9 med-milk powder every successful tenderer shall in accordance with Article 7 (2) lodge with the compe At the same time as the minimum selling price is tent authority of the Member State in whose territory fixed and under the same procedure, the processing the processing referred to in Article 5 ( 1 ) is to take security required under Article 13 shall be fixed per place the processing security fixed in accordance with 100 kilogrammes by reference to the difference Article 9 . between the market price of skimmed-milk powder and the minimum price fixed. 2. Where the security is lodged in a Member State other than that of sale, the competent authority which Article 10 receives the security shall forward without delay to the selling intervention agency a declaration stating inter 1 . A tender shall be refused if the price offered is alia the amount of the security provided and the lower than the minimum price fixed. quantities of skimmed-milk powder involved and confirming approval of the undertaking in which the 2. Subject as provided in paragraph 1 , the contract processing referred to in Article 5 ( 1 ) is to be carried shall be awarded to the tenderer offering the highest out . price .
If the quantity available in the storage depot in ques Article 14 tion is not exhausted by this award, contracts shall be awarded to other tenderers in descending order of 1 . When payment has been made in accordance with Article 1 2 (2) and the processing security has tender until the quantity outstanding has been accounted for . been lodged and, in the case specified in Article 13 (2), after receipt of the declaration referred to in that 3 . Where acceptance of a tender would result in a paragraph , the selling intervention agency shall issue a contract being awarded for more skimmed-milk removal voucher showing :
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(a) the quantity in respect of which these conditions (a) if the processing into compound feedingstuffs is have been fulfilled ; carried out in the territory of the Member State of (b) the depot in which that quantity is stored ; sale : by a certificate issued by the body respon sible for the control referred to in Article 1 6 ; (c) the final date for delivery of the skimmed-milk powder concerned . (b) if the processing into compound feedingstuffs is carried out in the territory of a Member State other 2. Every successful tenderer shall take delivery of than that of sale : by production of the control the skimmed-milk powder awarded to him within 45 copy specified in Article 1 of Regulation (EEC) No days of receiving the notification provided for in 2315/69 . Article 12 ( 1 ). He may take delivery in instalments of not less than 10 metric tons each . Sections 101 , 103 , 104 and 106 on the control copy Except in the event of force majeure, if a successful shall be completed. Section 104 shall be completed by tenderer has not taken delivery within the time pres deletion of the items not applicable and by insertion cribed of all the skimmed-milk powder awarded to against the second indent of one of the endorsements him, the contract shall be cancelled in respect of that specified in Article 15 . quantity still outstanding. Section 106 shall indicate the date on which the Article 15 successful tenderer took delivery of the skimmed-milk powder. The skimmed-milk powder shall be delivered by the intervention agency in packages marked in letters at 2. Except in the event of force majeure, the least 1 cm high as follows : processing security referred to in Article 13 ( 1 ) shall Skimmed-milk powder for processing into compound be released only in respect of those quantities in animal feedingstuffs (Regulation (EEC) No 3253/75)', respect of which the proof specified in paragraph 1 has been furnished . 'Lait écrémé en poudre destiné à la transformation en aliments composés pour animaux (règlement (CEE) n0 3253/75)', The security shall be released at once . Zur Verarbeitung zu Mischfutter bestimmtes Mager milchpulver (Verordnung (EWG) Nr. 3253/75)', Article 18 Latte scremato in polvere destinato alla trasforma zione in alimenti composti per animali (regolamento In the event of force majeure, the competent authority (CEE) n . 3253/75)', shall take such action as it considers necessary having Magere-melkpoeder bestemd voor verwerking tot regard to the circumstances invoked . mengvoeder (Verordening (EEG) nr. 3253/75)', 'Skummetmælkspulver bestemt til forarbejdning til foderblandinger (forordning (EØF) nr. 3253/75)', Article 19
Article 16 Member States shall inform the Commission by the Tuesday of each week of the quantities of skimmed From the time of its removal from store until the milk powder released from storage pursuant to this processing referred to in Article 5 ( 1 ), the skimmed Regulation during the preceding week . milk powder shall be placed and remain under customs control or under an administrative control offering equivalent safeguards. Article 20 Article 17 This Regulation shall enter into force on the third day 1 . Proof that the skimmed-milk powder has been following its publication in the Official Journal of processed as prescribed shall be furnished as follows : the European Communities.
This Regulation shall be binding in its entirety and d'rectly applicable in all Member States .
Done at Brussels, 12 December 1975 .
For the Commission P.J. LARDINOIS Member of the Commission