31975R3354

24 . 12 . 75 No L 330 /31 Official Journal of the European Communities

REGULATION ( EEC) No 3354/ 75 OF THE COMMISSION of 23 December 1975 on the sale by invitation to tender of skimmed-milk powder at a reduced price for processing into compound feedingstuffs for pigs or poultry

THE COMMISSION OF THE EUROPEAN Whereas provision should be made for the manufac­ COMMUNITIES, ture of compound feedingstuffs in an undertaking approved by the Member State concerned to avoid any deflection taking place during processing ;

Having regard to the Treaty establishing the European Economic Community ; Whereas, in the case of processing taking place in a Member State other than the selling Member State, provision should be made, for the purpose of verifying Having regard to Council Regulation (EEC) No use and/or destination , for the use of the control copy 804/68 (') of 27 June 1968 on the common organiza­ provided for by Commission Regulation (EEC) No tion of the market in milk and milk products, as last 2315/69 (6) of 19 November 1969 on the use of amended by Regulation (EEC) No 740/75 (2), and in Community transit documents for the purpose of particular Articles 7 (5) and 28 thereof ; applying Community measures for verifying the use and/or destination of goods, as last amended by Regu­ lation (EEC) No 690/73 (7) ;

Whereas under Council Regulation (EEC) No 1 285/70 (3) of 29 June 1970 laying down a special measure for the disposal of skimmed-milk powder Whereas the skimmed-milk powder must be sold at a bought in by intervention agencies, skimmed milk relatively low price ; whereas the aid provided for in held in public storage which cannot be marketed on Article 10 of Regulation (EEC) No 804/68 should not normal terms during a milk year may be sold at a be granted in respect of compound feedingstuffs reduced price if it is intended as feed for pigs or produced from skimmed-milk powder sold under this poultry ; whereas in view of the extent of public stocks measure ; whereas, therefore, Commission Regulation and the restricted marketing possibilities, this provi­ (EEC) No 532/75 (8) of 28 February 1975 concerning sion should be applied ; whereas in order to ensure the recovery on exportation of aids granted in respect equal access to all purchasers a tendering procedure of skimmed-milk powder for use as feed and in should be followed ; respect of skimmed-milk processed into compound feedingstuffs should not be applied to any exports or such compound feedingstuffs ;

Whereas a system of supervision should be set up to ensure that the skimmed-milk powder is not diverted from its destination ; whereas such supervision should Whereas with regard to the compensatory amounts operate from the time of removal from storage until fixed pursuant to Council Regulation (EEC) No processing ; whereas, in addition to the provision of 974/71 (9) of 12 May 1971 on certain measures of security, accounting supervision during processing of conjunctural policy to be taken in agriculture the said products, completed by on-the-spot supervi­ following the temporary widening of the margins of sion , and the use of distinctive packages will assist in fluctuation for the currencies of certain Member achieving this aim ; whereas the definition of States, as last amended by Regulation (EEC) No compound feedingstuffs for pigs or poultry should be 475/75 ( 10), the value of the products should be taken based in the main on the provisions laid down in into account ; Commission Regulation (EEC) No 1285/69 (4) of 3 July 1969 on provisions for the standing invitation to tender for skimmed-milk powder intended for processing into compound feedingstuffs for pigs or Whereas the measures provided for in this Regulation poultry and held by intervention agencies, as last are in accordance with the Opinion of the Manage­ amended by Regulation (EEC) No 1479/70 (5) ; ment Committee for Milk and Milk Products,

(') OJ No L 148 , 28 . 6. 1968 , p. 13 . (6) OJ No L 295, 24. 11 . 1969, p. 14. (2) OJ No L 74, 22. 3 . 1975, p. 1 . ( 7) OJ No L 66, 13 . 3 . 1973 , p. 23 . (3) OJ No L 144, 2. 7. 1970, p. 1 . (8) OJ No L 56, 3 . 3 . 1975, p . 20. (4) OJ No L 162, 4. 7. 1969, p. 22. H OJ No L 106, 12. 5. 1971 , p . 1 . (s ) OJ No L 163 , 25 . 7 . 1970 , p. 10 . ( I0) OJ No L 52, 28 . 2. 1975, p. 28 .

No L 330/32 24. 12. 75 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : 0-02% patent blue V (E 131 );

or Article 1 (b) skimmed-milk powder denatured by adding per 100 kg skimmed-milk powder at least 1 . Skimmed-milk powder bought in pursuant to either Article 7 ( 1 ) of Regulation (EEC) No 804/68 and taken into storage before 1 June 1973 shall be sold under (aa) — 35 kg fish meal still having a strong smell, the conditions described hereinafter . and — 200 g iron carbonate or sulphate iron, and 2. The skimmed-milk powder sold pursuant to this either Regulation shall be incorporated, at the exclusion of skimmed milk or skimmed-milk powder of other — 1-5 kg activated carbon, origins, in compound feedingstuffs for pigs or poultry. or

3 . Compound feedingstuffs within the meaning of 100 g of a mixture containing 4/s of tartra­ this Regulation shall be : zine yellow (E 102) and Vs of patent blue V (E 131 ) (a) products containing as a percentage of the total or weight : either 20 g cochineal red A (E 124), or (aa) — not less than 2 % but not more than 10 % of skimmed-milk powder, 40 g patent blue V (E 131 ), — at least 2 % of fish meal still having a or strong smell, (bb) — 40 kg fish meal still having a strong — at least 30 % of grinded cereals, smell, and and — 300 g iron carbonate or iron sulphate, — at least 4 % cellulose included that or contained in the grinded cereals mentioned in the preceding dash, (cc) — 4-5 kg non-deodorized fish oil or fish liver oil and or — 300 g iron carbonate or iron sulphate. (bb) — not less than 2 % but not more than 10 % skimmed-milk powder, 4. The grinded cereal mentioned in paragraph 3 has to contain at least 40 % particles having a size — at least 2 % of fish meal still having a lower than 315 microns . strong smell , — at least 50 % grinded cereals The fish meal mentioned in paragraph 3 has to and contain at least 25 % particles of a size lower than 80 microns . — at least 2 % cellulose included that contained in the grinded cereals The iron salts have to contain at least 30 % of mentioned in the preceding dash, particles of a size lower than 80 microns. or The colouring matters have to contain the following (cc) — not less than 2 % but not more than percentages of the pure product : 10 % skimmed-milk powder, at least 30 % for cochineal red A (E 1 24) ; at least — at least 50 % of grinded cereals denatur­ 25 % for the other colouring matters. Colouring ated by adding 400 g non-deodorized fish matters have to contain at least 30 % of particles 011 per 100 kg cereals or grinded cereals, having a size lower than 80 microns. — at least 2 % cellulose included that The acidity of fish oil calculated in oleic acid has to contained in the grinded cereals be equal to at least 10 % . mentioned in the preceding dash, and either The products added to the skimmed-milk powder — 0-05 % of a mixture containing 4/s of according to paragraph 3 have to be uniformly distri­ tartrazine yellow (E 102) and Vs patent buted ; as regards, in particular, the activated carbon, blue V (E 131 ) the iron salts and the colouring matters, two samples or of 50 g each, taken at random in a lot of 25 kg must give — by chemical determination — the same results 0-01 % cochineal red A (E 124) within the limits of errors admitted by the used or analysis method .

24. 12. 75 Official Journal of the European Communities No L 330/33

Article 2 The intervention agency the tender is to be trans­ mitted to shall be that of the Member State on whose The skimmed-milk powder shall be sold under a territory the processing specified in Article 5(1 ) shall tendering procedure . be carried out .

In the case of tenders transmitted to an intervention Article 3 agency other than the selling intervention agency, the 1 . The selling intervention agency shall issue an agency receiving these tenders : invitation to tender indicating in particular : — shall check that they comply with the provisions (a) the quantities of skimmed-milk powder for sale ; of paragraphs 2 to 5 hereafter and shall refuse tenders not acceptable, (b) the location of the warehouse or warehouses in which these quantities are stored ; — shall forward without delay to the Commission , after expiry of the time limit specified in Article (c) the closing date and address for the submission of 3 (3), the list of the tenders acceptable indicating tenders . the amounts offered, 2. The invitation to tender shall be published in — shall transmit to the selling agency, after the the Official Journal of the European Communities at Commission has fixed the minimum price, the least 10 days before the closing date for the submis­ tenders indicating an amount equal or exceeding sion of tenders . it as well as the corresponding supporting docu­ ments specified in paragraph 4 under (a) and (b) in In addition, each intervention agency may publish it order to award the contract in accordance with elsewhere . Article 1 0 (2) (3) and (4). 3 . The first closing date for the submission of 2 . The tender shall indicate : tenders shall be 13 January 1976 at 12 noon .

4. In respect of quantities not awarded under the (a) the name and address of the tenderer ; first invitation to tender, a new closing date may be fixed for submission of tenders . (b) the quantity to which the tender relates ;

(c) the price offered per metric tons, exclusive of Article 4 internal taxes, ex warehouse in which the skimmed-milk powder is held , expressed in the The selling intervention agency shall take the neces­ currency of the Member State in which the invita­ sary measures to enable those concerned, before tion to tender is opened ; tendering, to examine at their own expense samples of the skimmed-milk powder for sale. (d) the warehouse in which the skimmed-milk powder is stored .

Article 5 A tender relating to several warehouses shall be consid­ ered to comprise as many tenders as there are ware­ 1 . A tenderer may not take part in the invitation to houses mentioned . tender unless he gives a written undertaking to have all the skimmed-milk powder awarded processed into compound feedingstuffs for pigs or poultry within the 3 . A tender shall not be valid unless it relates to a meaning of Article 1 (3), before 15 March 1976, in an quantity of at least 40 metric tons . undertaking approved by the Member State on whose territory the processing is carried out. However, if the quantity available in a warehouse is less than the minimum quantity, the available quan­ 2. The approval referred to in paragraph 1 may be tity shall constitute the minimum quantity for tender. granted only in respect of an undertaking with capacity for processing under this Regulation , not less 4 . A tender shall not be valid unless : than 15 metric tons of skimmed-milk powder per day.

(a) it is accompanied by the written undertaking Article 6 referred to in Article 5 with the name of the under­ taking in which processing is to take place ; 1 . Tenders which shall be in writing, shall be trans­ mitted to the intervention agency either by hand (b) the tenderer includes a declaration to the effect against acknowledgement of receipt or by registered that he agrees to forego any claim as to the quality letter addressed to the intervention agency. Interven­ and characteristics of any skimmed-milk powder tion agencies may authorize the use of telex . sold to him ;

No L 330/ 34 24. 12 . 75 Official Journal of the European Communities

(c) proof is furnished that, before expiry of the period Article 10 set for the submission of tenders, the tenderer has given the tendering security referred to in Article 1 . A tender shall be rejected if the price offered is 7 . lower than the minimum price fixed.

5 . A tender may stipulate that it is not to be 2. Without prejudice to paragraph 1 , the contract regarded as having been submitted unless the contract shall be awarded to the tenderer offering the highest is awarded in respect of the entire quantity indicated price. in the tender. If the quantity available in the warehouse in question is not exhausted by this award, the contract for the 6 . The tender may not be withdrawn . remaining quantity shall be awarded to the other tenderers according to the price offered, starting with the highest price . Article 7 3 . Where acceptance of a tender would lead to a 1 . The tendering security shall be furnished to the contract being awarded for more skimmed-milk intervention agency the tender is transmitted to. It powder than is available at the warehouse in question, shall be 10 units of account per metric ton . the contract shall be awarded to the tenderer concerned only in respect of the quantity available. 2. It shall take the form, according to the prefer­ ence of the Member State, either of a cheque made 4. Where acceptance of several tenders offering the out to the intervention agency, or of a guarantee satis­ same price would lead to contracts being awarded in fying criteria laid down by the Member State excess of the quantity still available, the award shall be concerned . made by drawing lots.

3. Except in the event of force majeure, the Article 11 tendering security shall be released only for the quan­ tity ; Rights and obligations arising in connection with the invitation to tender shall not be transferable . (a) in respect of which the tenderer : — has not withdrawn the tender before the award of the contract, Article 12 and — has, within the time prescribed, paid the 1 . Every tenderer shall immediately be notified by amount corresponding to the tender and given the intervention agency of the result of his tender. the processing security provided for in Article 13 , Should it so happen, the selling intervention agency or communicates this result simultaneously to the inter­ vention agency the tender was transmitted to. (b) in respect of which the tender has not been accepted . 2. The successful tenderer, before taking delivery in accordance with Article 14(2), shall pay the interven­ tion agency an amount corresponding to his tender Article 8 for the quantity of which he intends to take delivery.

Should it so happen, the selling intervention agency In the light of the tenders received in accordance with receiving the payment, shall confirm it forthwith to the procedure laid down in Article 30 of Regulation the intervention agency the tender was transmitted to (EEC) No 804/68 , a minimum selling price shall be and shall specify the amount and the quantities in fixed or a decision may be taken to make no award . question .

Article9¶

At the same time as the minimum selling price is 1 . Before taking delivery of each quantity of skim­ fixed and under the same procedure, the processing med-milk powder, the successful tenderer shall in security required under Article 13 shall be fixed per accordance with Article 7 (2) give the processing secu­ 100 kg by reference to the difference between the rity fixed according to Article 9 to the competent market price of skimmed-milk powder and the authority of the Member State on whose territory the minimum price fixed . processing referred to in Article 5(1 ) takes place .

24 . 12 . 75 Official Journal of the European Communities No L 330/35

2. In cases where the security is provided in a 'Skummetmælkspulver bestemt til forarbejdning til Member State other than the selling Member State, foderblandinger til svin og fjerkræ (forordning (EØF) the competent authority which receives the security nr. 3354/75)'. shall forward without delay to the selling intervention agency an attestation as to the amount of the security provided, the quantities of skimmed-milk powder Article 16 involved and confirming approval of the undertaking in which the processing referred to in Article 5 ( 1 ) is 1 . From the time of its removal from store until the to be carried out . processing referred to in Article 5 ( 1 ), the skimmed­ milk powder shall be subject to customs or equivalent administrative control . Article 14 2. The competent authority of the Member State on 1 . When the payment provided for in Article 12 (2) whose territory the processing into compound feeding­ has been made and the processing security has been stuffs takes place shall exercise physical supervision of given and, in the case provided for in Article 13 (2), this operation by completing the accounting supervi­ after receipt of the attestation specified in that para­ sion by on-the-spot supervision which could be graph, the intervention agency shall issue a removal carried out by means of unexpected inspections. permit showing : The additional costs resulting from such supervision (a) the quantity in respect of which these conditions shall be borne by the successful tenderer. They shall have been fulfilled ; be fixed at a standard rate of 2 units of account per (b) the warehouse in which that quantity is stored ; metric ton of skimmed-milk powder and may not be less than 30 units of account per day of supervision . (c) the time limit for taking delivery of the skimmed­ milk powder. Article 17 2. The successful tenderer shall take delivery of the skimmed-milk powder awarded to him within 45 days 1 . Proof of the prescribed use of the skimmed-milk of receiving the notification provided for in Article 12 powder shall be furnished as follows : ( 1 ). Delivery of the skimmed-milk powder may be taken in stages, a minimum quantity of 10 metric tons (a) if processing into compound feedingstuffs takes being taken at each stage. place on the territory of the Member State of sale : by a corresponding attestation issued by the body Except in the event of force majeure, if the successful responsible for the supervision laid down in tenderer has not taken delivery of the skimmed-milk Article 16 (2) ; powder within the time prescribed, the sale shall be cancelled in respect of the quantities remaining. (b) if processing into compound feedingstuffs takes place on the territory of a Member State other than the Member State of sale : by the production Article 15 of the control copy specified in Article 1 of Regula­ tion ( EEC) No 2315/69 . The skimmed-milk powder shall be delivered by the intervention agency in packages marked in letters at Box Nos 101 , 103 and 104 on the control copy shall least 1 cm high as follows : be completed . Box No 104 shall be completed by dele­ tion of what does not apply and insertion under the ' Lait écrémé en poudre destiné à la transformation en second indent of one of the statements listed in aliments composés pour porcs ou volaille (règlement Article 15 . (CEE) n° 3354/75)', Zur Verarbeitung zu Mischfutter für Schweine oder 2. Except in the event of force majeure, the Geflügel bestimmtes Magermilchpulver (Verordnung processing security referred to in Article 13 ( 1 ) shall (EWG) Nr. 3354/75)', be released only for quantities in respect of which the proof specified in paragraph 1 has been furnished . Latte scremato in polvere destinato alla trasforma­ zione in alimenti composti per suini e pollame (regola­ The security shall be released at once. mento (CEE) n . 3354/75)', Magere-melkpoeder bestemd voor verwerking tot mengvoeder voor varkens en pluimvee (Verordening Article 18 (EEG) nr. 3354/75)', Skimmed-milk powder for processing into compound In the event of force majeure, the competent authority feedingstuffs for pigs and poultry (Regulation (EEC) shall determine the measures necessary in view of the No 3354/75)', circumstances invoked .

No L 330/36 24. 12. 75 Official Journal of the European Communities

Article 19 price and the market price of the skimmed-milk powder. Member States shall inform the Commission, by Tuesday of each week, of the quantities of skimmed­ 2. The aid provided for in Article 10 of Regulation milk powder released from storage pursuant to this (EEC) No 804/68 shall not be granted for skimmed­ Regulation during the preceding week. milk powder incorporated in the compound feeding­ stuffs produced pursuant to this Regulation . Article 20 3 . Regulation (EEC) No 532/75 shall not apply to 1 . In respect of skimmed-milk powder sold under the compound feedingstuffs specified in paragraph 2. this Regulation, the compensatory amounts fixed pursuant to Regulation (EEC) No 974/71 shall be Article 21 multiplied by a coefficient to be determined in accor­ dance with the procedure laid down in Article 8 and This Regulation shall enter into force on the third day at the same time as the minimum selling price, following its publication if the Official Journal of the account being . taken of the difference between that European Communities.

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

Done at Brussels, 23 December 1975 .

For the Commission

P.J. LARDINOIS Member of the Commission