1983R1354 — EN — 01.07.1983 — 001.001 — 1
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►B COMMISSIONREGULATION(EEC)No1354/83
of17May1983
laying down general rules for the mobilization and supply of skimmed-milk powder, butter and
butteroilasfoodaid
(OJ L 142, 1.6.1983, p. 1)
Amended by:
Official Journal
No page date
►M1CommissionRegulation(EEC) No 1886/83 of 11 July 1983 L 187 29 12.7.1983
▼B
COMMISSIONREGULATION(EEC)No1354/83
of17May1983
laying down general rules for the mobilization and supply of
skimmed-milkpowder,butterandbutteroilasfoodaid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 804/68 of 27 June
1968 on the common organization of the market in milk and milkproducts (
1), as last amended by Regulation (EEC) No 1183/82 (2), and
inparticular Articles 6 (7), 7 (5) an d 28 thereof,
Having regard to Council Regulation No 129 on the value of the unit
of account and the exchange rates to be applied for the purposes of thecommonagricultural policy (
3), as last amended by Regulation (EEC)
No 2543/73 (4), and in particular Article 3 thereof,
Having regard to the opinion of the Monetary Committee,
Whereas Council Regulation (EEC) No 3331/82 of 3 December 1982
on food aid policy and food-aid management and amending Regulation(EEC) No 2750/75 (
5) lays downrules for the implemen tationof food
aid; whereas the said Regulation does not affect the general rules for
the mobilizationof agricultural products which have to be adopted forthe purposes of the commonorgan izationof markets;
Whereas, in the light of experience gained during the implementation
of food-aid programmes, amendments should be made to the generalimplementing rules laid down in Commission Regulation (EEC)No 303/77 of 14 February 1977 laying down general rules for thesupply of skimmed-milk powder and butteroil as food-aid (
6), as last
amended by Regulation (EEC) No 3474/80 (7);
Whereas, to the extent compatible with the commitments entered into
by the Community vis-à-vis the recipients of Community food-aid,
these rules should in particular be more closely aligned on internationaltrading practice as regards deliveries fob and cif;
Whereas, in view of the special requirements relating to Community
food-aid supplies and of the characteristics of the milk productssupplied to recipients, it would seem justified, in the light of theexperience acquired, to provide that responsibility for deliveries shouldbe entrusted only to undertakings approved by the Member State in
which they have established their registered office; whereas such
approval should be granted to any undertaking engaged in business inthe milk products sector; whereas such approval should be withdrawneither temporarily or permanently from any undertaking which commitsa serious infringement of any obligation arising from this Regulation;
Whereas Community food-aid programmes provide for the supply of
large quantities of skimmed-milk powder, butter and butteroil to certaindeveloping countries and specialist organizations; whereas skimmed-
milk powder, butter and the butter from which the butteroil to be
supplied has to be manufactured should, as a general rule, be drawnfrom intervention agency stocks; whereas, however, account beingtakenof the situationonthe market, provisionmay be made for thepurchase of goods onthe Commun ity market, particularly incaseswhere the intervention stocks of skimmed-milk powder or butter do1983R1354 — EN — 01.07.1983 — 001.001 — 2
(1) OJ No L 148, 28. 6. 1968, p. 13.
(2) OJ No L 140, 20. 5. 1982, p. 1.
(3) OJ No 106, 30. 12. 1962, p. 2553/62.
(4) OJ No L 263, 19. 9. 1973, p. 1.
(5) OJ No L 352, 14. 12. 1982, p. 1.
(6) OJ No L 43, 15. 2. 1977, p. 1.
(7) OJ No L 363, 31. 12. 1980, p. 50.
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not possess the characteristics required for the particular destination
concerned;
Whereas the requirements to be met by the products to be supplied as
regards quality, composition and packaging should be defined; whereasprovisionshould be made for the appropriate checks to en sure that suchrequirements are met;
Whereas the general rules provide that, normally, in the case of special
deliveries, a tendering procedure should be used to determine the trans-
port costs and, where appropriate, the purchase price; whereas,exceptional cases, notably emergencies, a decision may be taken touse a direct-award procedure; whereas rules should be laid downforthe conduct of the said procedures;
Whereas provision should be made, in the event of a change in the
intervention prices taking effect after the final date for the submissionof tenders, for the amount tendered to be corrected to take account ofthis change; whereas this correction should be made only on productionof proof that the products inquestionwere man ufactured after the date
on which the new intervention prices took effect;
Whereas CommissionRegulation(EEC) No 1687/76 of 30 Jun e 1976
laying down common detailed rules for verifying the use and/or desti-nation of products from intervention (
1), as last amended by Regulation
(EEC) No 775/83 (2), should apply where products drawnfrom in ter-
vention stocks are to be supplied as food aid in accordance with this
Regulation; whereas, consequently, the adoption of this Regulationentails amendments to the Annex to Regulation (EEC) No 1687/76;
Whereas, in the case of operations involving the supply of products
which are not drawn from intervention stocks or goods, manufactured
therefrom, proof of the destination of the goods until they left the
geographical territory of the Community should continue to be furn-ished by the productionof the con trol copy referred to inArticle 10of CommissionRegulation(EEC) No 223/77 (
3);
Whereas the Management Committee for Milk and Milk Products has
not delivered on opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
TITLE I
GENERALPROVISIONS
Article 1
1. Where a decisionis takenonCommun ity actionto supply
skimmed-milk powder, butter or butteroil as food aid, the general rules
for mobilizationan d supply laid downinthis Regulationshall apply,
without prejudice to the special provisions laid down, where appro-priate, for specific cases.
2. Unless there are any provisions to the contrary the general rules
laid downinthis Regulationshall apply to operation s to be carried
out at the fob, cif or free-at-destination stage.
3. For the purposes of this Regulation, the countries of the Belgo-
Luxembourg Economic Union shall be considered as a single MemberState.
4. For the purposes of this Regulation, the recipient may appoint a
representative.
The Commissionshall publish inthe ‘C’ series of the Official Journal
of the European Communities , a list of the recipients' representatives in
the Community notified to it.1983R1354 — EN — 01.07.1983 — 001.001 — 3
(1) OJ No L 190, 14. 7. 1976, p. 1.
(2) OJ No L 86, 31. 3. 1983, p. 8.
(3) OJ No L 38, 9. 2. 1977, p. 20.
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Article 2
1. Supply shall be effected by an undertaking approved by the
competent body in the Member State where the registered office ofthe undertaking is established. The undertaking, hereinafter referred toas ‘the successful tenderer’, shall be selected in accordance with one ofthe procedures laid downinArticle 9.
2. Approval shall be granted, on request, to any undertaking:
— which has its registered office inon e of the Member States of the
Community,
— which is engaged in the manufacture or processing of or trade in
milk products or the transport of foodstuffs.
3. Approval shall be withdrawn temporarily or permanently where it
is established that an undertaking has committed a serious infringementof any obligation arising from this Regulation.
4. Member States shall notify the Commission of the undertakings
to which approval has beengran ted, together with cases inwhich
approval has been temporarily or permanently withdrawn and thereasons for such withdrawal. The Commission shall notify the MemberStates accordingly.
TITLE II
PROVISIONS RELATING TO THE PRODUCTS TO BE MOBI-
LIZED
Chapter 1
Specialprovisionsforsuppliesofskimmed-milkpowderandbutter
Article 3
1. The skimmed-milk powder or butter to be supplied shall, as
appropriate:
(a) be placed at the disposal of the successful tenderer by the interven-
tion agency specified in the notice of invitation to tender, or
(b) come from the Community market and have been produced in the
Community.
2. As regards composition, quality and packaging:
(a) the skimmed-milk powder must meet the requirements laid down in
Annex I. If the skimmed-milk powder for delivery is to containvitamin additives, the notice of invitation to tender shall contain areference to Annex I (B);
(b) the butter must meet the requirements laid down in Annex II;
(c) in special cases, specific requirements as regards composition,
quality and packaging may be laid down in the notice of invitationto tender.
3. Where the skimmed-milk powder and butter are to be purchased
on the Community market, only products manufactured by undertak-ings approved by the competent body of the Member State on whoseterritory the manufacturing or processing took place may be delivered.
Only undertakings which have the appropriate technical facilities for
meeting the requirements laid down in this Regulation may beapproved. Undertakings which have already obtained the approvalprovided for inArticle 1 of Regulation(EEC) No 985/68 (
1) and Arti-
cles 1 and 3 of Regulation (EEC) No 625/78 (2) shall be approved.
Approval shall be withdrawn where the undertakings no longer satisfies
the technical requirements laid down. Where a serious infringement of1983R1354 — EN — 01.07.1983 — 001.001 — 4
(1) OJ No L 169, 18. 7. 1968, p. 1.
(2) OJ No L 84, 31. 3. 1978, p. 19.
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this Regulationhas beencommitted, approval shall be temporarily or
permanently withdrawn.
Article 4
1. If the skimmed-milk powder or butter to be supplied comes from
intervention stocks, it shall not be removed from the interventionagency unless a security for delivery has been lodged in accordancewith Article 13 (1) and (2) of Regulation (EEC) No 1687/76; theamount of this security shall be equal to the intervention price applic-
able to the product inquestiononthe closin g date for the submission
of tenders, plus 10 %. In the event of a subsequent adjustment of inter-vention prices in national currency, the successful tenderer shall makeup the amount of the security accordingly as promptly as possible.
2. The successful tenderer shall check to his own satisfaction that
the quantity of skimmed-milk powder or butter made available by theintervention agency corresponds to the quantity to be supplied, and thatthe packaging of the product is dry, clean and undamaged. The
successful tenderer shall waive the right to make any subsequent claim
concerning the quantity and packaging.
3. The intervention agency shall immediately make the skimmed-
milk powder or butter available to the successful tenderer as follows:
— in the case of a lorry or a railway wagon, loaded on the means of
transport at the loading platform of the warehouse, the loading costsshall be borne by the intervention agency; any stowage costs shallbe borne by the successful tenderer,
— in the case of any other means of transport, and in particular a
container, on the loading platform of the warehouse, the loadingcosts and, where appropriate, the stowage costs shall be borne bythe successful tenderer.
Chapter 2
Specialprovisionsforsuppliesofbutteroil
Article 5
1. The butteroil to be supplied be manufactured, as appropriate,
from:
(a) butter placed at the disposal of the successful tenderer by the inter-
vention agency specified in the notice of invitation to tenderer, or
(b) cream or butter which comes from the Community market and has
beenproduced inthe Commun ity.
2. The butteroil to be supplied must meet the requirements laid
down as regards composition, quality and packaging in Annex III. In
special cases, specific requirements as regards composition, quality
and packaging may be laid down in the notice of invitation to tender.
3. Only undertakings approved by the competent body of the
Member State onwhose territory the processin g is to take place may
be entrusted with the manufacture of the butteroil.
Approval may be granted only to undertakings which have the appro-
priate technical facilities for meeting the requirements laid down in thisRegulation and have premises where any stocks of non-butter fats maybe kept separately and identified.
Approval shall be withdrawn where the undertaking no longer meets
the technical requirements laid down. Where a serious infringement ofthis Regulationhas beencommitted, approval shall be temporarily orpermanently withdrawn.1983R1354 — EN — 01.07.1983 — 001.001 — 5
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Article 6
1. If the butteroil to be supplied is to be manufactured from butter
held by the intervention agency:
(a) the intervention agency shall take the necessary measures to enable
interested parties to examine samples of the butter at their ownexpense before tenders are submitted or directly-awarded contractsare concluded;
(b) the butter shall not be removed from the intervention agency unless
a security for delivery has beenlodged inaccordan ce with Article13 (1) and (2) of Regulation (EEC) No 1687/76; the amount of this
security shall be equal to the intervention price applicable on the
closing date for the submission of tenders, plus 10 %. In the eventof a subsequent adjustment of the intervention price in nationalcurrency, the successful tenderer shall make up the amount of thesecurity accordingly as promptly as possible.
2. The successful tenderer shall check to his own satisfaction that
the quantity of butter made available by the intervention agency corre-sponds to the quantity of butteroil to be supplied, account being taken
of the provisions of paragraph 5, and that the packaging is dry, clean
and undamaged.
The successful tenderer shall waive the right to make any subsequent
claim concerning the quantity, packaging quality or nature of the butter
made available by the intervention agency.
3. The successful tenderer shall undertake to manufacture the
butteroil to be supplied only from the butter removed from the inter-
vention agency for that purpose.
4. The intervention agency shall make the butter available to the
successful tenderer without delay, in accordance with the provisions
of Article 4 (3).
5. The quantities of butter made available to the successful tenderer
by the intervention agency must be processed into butteroil with a
minimum fat content of 99,8 % and must yield at least 100 kilograms
of butteroil per:
— 122 kilograms of butter used where the fat content of the butter is
82 % or more,
— 125 kilograms of butter used where the fat content of the butter is
less than82 %.
Chapter 3
Common provisions for supplies of skimmed-milk powder, butter
andbutteroil
Article 7
Member States shall take the measures necessary to ensure that the
health standards in force on their territory are met and that there is nofat other than butterfat in the products supplied under this Regulation.
Article 8
1. If the skimmed-milk powder or butter to be supplied is purchased
on the Community market, the competent body of the Member State in
which the tender was lodged shall check that the composition, qualityand packaging of the products comply with the conditions laid down inChapter 1 of this Title.
2. Where the skimmed-milk powder is to contain vitamin additives,
or where the butter is to be processed into butteroil, the competentbody of the Member State concerned shall check that the provisionslaid downinChapters 1 an d 2 of this Title have beencomplied withduring the manufacturing process.1983R1354 — EN — 01.07.1983 — 001.001 — 6
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3. The competent body of the Member State shall issue a certificate
oncompletionof the checks referred to inparagraphs 1 an d 2. The costof these checks shall be borne by the successful tenderer.
4. For the purposes of the check referred to inparagraph 2, the
successful tenderer shall notify the competent control body, in writing,of the date when manufacture is to begin, at least three working daysbefore that date. The lots to be supplied may be dispatched from the
place of manufacture and packaging only after authorization by the
competent body.
5. From the time whenthe checks referred to inparagraphs 1 an d 2
are completed, the products shall be subject to customs control, or to a
form of administrative control offering equivalent guarantees, up to the
time whenthey have left the geographical territory of the Commun ity.
6. The quantities supplied shall be checked when subjected to the
control referred to in paragraph 5.
TITLE III
TENDERINGANDDIRECTAWARDPROCEDURES
Article 9
1. In order to determine the costs of supply including, where appro-
priate, the price for the purchase or the manufacture and packaging ofthe skimmed-milk powder, butter or butteroil, a tendering procedureshall be held inaccordan ce with the rules laid downinArticles 10 to
14.
2. In cases of emergency action, however, or when the amounts
involved are relatively small, it may be decided to instruct an interven-tionagen cy to adopt a direct-award procedure which shall be subject to
the rules laid downinArticle 15.
3. The party to whom the contract is awarded under a direct-award
procedure shall be deemed to be the successful tenderer within themeaning of this Regulation with effect from conclusion of the contract.
In such a case the provisions of the contract shall be binding upon the
contracting party in the same manner as the provisions of the tenderingprocedure are binding upon the successful tenderer.
Article 10
Where a decision is taken to hold a tendering procedure, a notice of
invitation to tender, drawn up in accordance with Annex IV, shall be
published inthe Official Journal of the European Communities ,a sa n
Annex to the Regulation opening the tendering procedure, at least 12days before the closing date for the submission of tenders.
The intervention agencies may publish notices elsewhere.
Article 11
1. Interested undertakings which have been approved in accordance
with Article 2 shall participate in the tendering procedure either by
lodging tenders in writing, against acknowledgement of receipt, with
the intervention agency concerned, or by sending tenders to the inter-vention agency by registered letter or telex.
Tenders must reach the intervention agency concerned before 12 noon,
local time, on the closing date for the submission of tenders specified
in the notice of invitation to tender.
2. If the goods to be supplied are drawn from intervention stocks or
manufactured therefrom, tenders shall be submitted to the interventionagency specified in the notice of invitation to tender.
If the goods to be supplied are manufactured from products coming
from the Community market, tenders shall be submitted to the inter-vention agency of the Member State in which the goods are to bemanufactured and packaged.1983R1354 — EN — 01.07.1983 — 001.001 — 7
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In other cases, tenders shall be submitted to the intervention agency of
the Member State inwhich the customs export formalities are to becompleted.
3. Where the invitation to tender is in respect of several lots, each
tender shall relate to one lot only.
A tender shall be valid only if it relates to the whole of a lot.
The notice of invitation to tender may, however, provide that tenders
are still valid if they relate only to a partial quantity amounting to
500 tonnes or a multiple of 500 tonnes from the total lot concerned.In this case, a tenderer whose tender relates to a multiple of 500 tonnesshall state the minimum partial quantity which may be awarded to him.
4. A tender shall be valid only if it states:
(a) the reference number of the tendering procedure;
(b) the name and address of the tenderer;
(c) the description and the net weight of the lot to which the tender
relates;
(d) a single Community port of shipment, accessible to ocean-going
vessels.
Inthe case of supply fob this port shall be selected because of the
existence of a connection with the country of destination during theshipment period specified in the notice of invitation to tender. Thisconnection may involve one transhipment in another EuropeanCommunity port, which must also be indicated in the tender;
(e) the amount tendered, exclusive of taxes, including the transport
costs referred to at (f), expressed inthe curren cy of the MemberState to which the tender is submitted and to which the tenderergives an undertaking to make the supply concerned on the termslaid down;
(f) as a separate item:
— the transport costs to the port of shipment designated in accor-
dance with the conditions set out at (d) above and the loadingcosts,
— in the case of supplies cif and free-at-destination, the costs
relating to sea transport and unloading and, if necessary, inlandtransport to the final place of destination.
5. A tender which is not submitted in accordance with the provisions
of this Article or which contains conditions other than those laid down
in respect of the tendering procedure shall not be accepted.
6. No tender shall be valid unless it is also accompanied by:
(a) proof of the approval referred to inArticle 2 (1);
(b) proof that the tendering security referred to in Article 12 has been
lodged before the final date for submission of tenders;
(c) an undertaking from the tenderer that he will abide by the provi-
sions of this Regulation and the conditions of the tendering
procedure;
(d) in the case of a delivery of butteroil, the document certifying the
approval referred to inArticle 5 (3) an d, where appropriate, theundertaking referred to in Article 6 (3);
(e) an undertaking by the tenderer to apply as promptly as possible for
anexport licen ce as provided for inArticle 4 (2) of Regulation(EEC) No 2729/81 in respect of any quantities for which he isawarded a contract;
(f) an undertaking by the tenderer that he will comply with the obliga-
tions set out in Article 18, and in particular paragraphs 1 and 2
thereof, inthe case of supply cif, or inArticle 19, an d inparticularparagraph 1 thereof, in the case of delivery free-at-destination;
(g) inthe case referred to inthe secon d subparagraph of paragraph 4
(d), evidence of the existence of a connection with the country of1983R1354 — EN — 01.07.1983 — 001.001 — 8
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destination during the shipment period specified in the notice of
invitation to tender.
7. Tenders may not be withdrawn.
Article 12
1. The tendering security shall be:
— in the case of goods drawn from intervention stocks or goods manu-
factured therefrom, 1 % of the intervention price,
— inthe case of goods purchased onthe Commun ity market or goods
manufactured therefrom, 3 % of the intervention price,
for skimmed-milk powder or butter, as the case may be, applicable to
the quantity to which the tender relates or, in the case of butteroil, tothe quantity of butter which corresponds to the quantity to which thetender relates, account being of the provisions of Article 6 (5), on thefinal date for the submission of tenders.
2. The tendering security shall be lodged, at the option of the
tenderer, either in cash or in the form of a guarantee given by a creditestablishment which satisfies the criteria laid down by the MemberState with which the security is lodged.
Each Member State shall communicate the criteria referred to in the
preceding subparagraph to the Commission, which shall inform theother Member States thereof.
Article 13
1. In the light of the tenders received and in accordance with the
procedure laid downinArticle 30 of Regulation(EEC) No 804/68, amaximum amount shall be fixed in ECU for each lot or part thereofor a decision shall be taken to make no award. Tenders higher than
the maximum amount shall be excluded.
2. For the purpose of comparing tenders in the case of a tendering
procedure relating to the supply of goods purchased on the Communitymarket or goods manufactured therefrom:
(a) each tender shall be corrected by the monetary compensatory
amount applicable in the Member State concerned on the final dayfor the submissionof ten ders. The correctionshall take the form:
— either of an increase in the amount of the tenders submitted in a
Member State with a negative monetary compensatory amount,
— or of a reduction in the amount of the tenders submitted in a
Member State with a positive monetary compensatory amount.
(b) The rate of exchange to be used for the conversion into ECU of
tenders in national currencies thus corrected shall be:
— in the case of currencies maintained at all times within a
maximum spread of 2,25 %, the central rate for the currencyinquestion ,
— inall other cases, the average of the spot exchan ge rates for the
currency in question over the period from a given Wednesday
to the following Tuesday directly preceding the final day forthe submission of tenders. The Commission shall notify theMember States of the said average.
3. In the case of a tendering procedure relating to the supply of
goods drawn from intervention stocks or goods manufactured there-from, the rate to be used for the conversion into ECU of tenderssubmitted in national currencies shall be the rate referred to in para-graph 2 (b).
Article 14
1. Where the maximum amount referred to in Article 13 (1) has
been fixed, the contract shall be awarded to the tenderer whose tenderis the lowest, or inthe case referred to inthe third subparagraph of1983R1354 — EN — 01.07.1983 — 001.001 — 9
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Article 11 (3), to the tenderers whose tenders are the lowest, when
converted into ECU in accordance with Article 13.
Where several tenders propose the same amount for one lot when
converted into ECU, the contract shall be awarded by the drawing oflots.
2. Where a decision is taken to make no award, a second period for
the submission of tenders shall begin. This period shall expire on thedate set for this purpose in the original notice of invitation to tender.
3. Each tenderer shall immediately be informed by the intervention
agency of the outcome of his participation in the tendering procedure.
4. The intervention agency shall immediately notify the Commission
of the name and address of the successful tenderer and the port of ship-
ment specified in his tender.
Article 15
1. Where a decision is taken to instruct an intervention agency to
determine the costs of supply by a direct-award procedure, the inter-vention agency appointed for the purpose shall, after inviting tendersfrom several tenderers, conclude the contracts which specify the most
favourable terms in relation to the prices obtaining on the market.
2. The provisions laid down in Articles 11 and 12 as regards the
tendering procedure shall also apply to the direct-award procedure.
3. The intervention agency shall immediately forward to the
Commission a copy of the contract(s) concluded under the direct-awardprocedure.
TITLE IV
OBLIGATIONS OF THE SUCCESSFUL TENDERER AND
CONDITIONSRELATINGTOTHESUPPLYOFPRODUCTS
Article 16
1. The successful tenderer must fulfil his obligations in accordance
with the conditions laid down in the notice of invitation to tender andcomply with the undertakings referred to in this Regulation, includingthose arising from his tender.
He shall ensure that the said undertakings are properly implemented
and shall grant all possible assistance to this end.
2. The successful tenderer may not unilaterally cancel the operation
for which he has beenawarded the con tract.
3. The rights and obligations arising from the award shall not be
transferable.
4. The successful tenderer shall provide the competent bodies
concerned with the necessary information as promptly as possible forimmediate transmission to the Commission.
Article 17
In the case of supplies fob, the following provisions shall apply:
1. The successful tenderer shall duly reach agreement with the reci-
pient, within the shipment period specified in the notice ofinvitation to tender, on the place of loading and the date on whichthe loading of goods is to begin at the port of shipment specified in
his tender. He shall immediately communicate these particulars to
the body responsible for payment, which shall inform the Commis-sion accordingly, and shall state the name of the vessel notified tohim by the recipient.
2. Where the product is drawn from intervention stocks, the successful
tenderer shall determine the schedule for the removal of the goodsin agreement with the intervention agency concerned.1983R1354 — EN — 01.07.1983 — 001.001 — 10
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3. The successful tenderer shall deliver the goods on board the vessel
designated by the recipient in accordance with a loading scheduleadopted in agreement with the latter, having regard to the customary
practice at the port. Stowage costs, if any, shall not be charged to
the successful tenderer.
Supply must be completed by the end of the shipment period speci-
fied in the notice of invitation to tender.
4. The successful tenderer shall, having regard to the customary prac-
tice at the port, bear all the risks, and in particular those of loss ordeterioration, to which the goods are subject until they have effec-tively passed the ship's rail at the port of shipment or, in the caseof transport by liner service, until the taking-over certificate has
beenissued by the recipien t.
5. Where the recipient is unable to take delivery of the goods at the
port of shipment either on the date agreed pursuant to point 1 oron any other date within the shipment period specified in the noticeof invitation to tender, the body responsible for payment shall
extend the shipment period, by a maximum of 30 days. Where
such an extension is not sufficient, the said body shall, upon agree-ment by the Commission, allow a further extension not exceeding30 days.
The successful tenderer shall be required to accept any extension
which does not exceed 60 days from the end of the shipment period
as specified in the notice of invitation to tender.
At the end of a 60-day extension, the successful tenderer shall, at his
request, be released from his obligations by the body concerned,which shall so inform the Commission immediately. In such cases
the Commissionshall take appropriate action .
The costs arising from any extension to the shipment period shall be
determined and paid in accordance with Article 24 (1).
Article 18
Inthe case of supplies cif, the followin g shall apply:1. The successful tenderer shall arrange for transport by the fastest
usual sea route to the port of destination specified in the notice ofinvitation to tender and shall conclude a contract at his ownexpense, on the usual terms, for the carriage of the goods.
Marine transport shall be in vessels meeting all the technical and
health requirements for the transport of milk products. Vessels shallbe not more than 15 years old in the case of transport by charterservice and not more than 25 years old in the case of transport byliner service.
In the event of default or of unsatisfactory transportation the
successful tenderer shall, at the recipient's request, make all thenecessary transport arrangements, including charter reservations.
2. The successful tenderer shall insure the goods and shall provide at
his own expense a marine insurance policy endorsed to the order of
the recipient. With the exception of cases of force majeure this
policy shall cover all risks associated with carriage, transhipment,where appropriate, and unloading, including all cases of non-delivery and loss, without exclusion of particular average.
The goods shall be insured for at least the amount of the tender
increased by the amount of the security referred to, as the case
may be, inArticles 4 (1) or 6 (1) (b), inthe case of goods drawnfrom intervention stocks or goods manufactured therefrom, minusthe refund applicable on the day when the insurance policy wastakenout.
3. Where the goods are drawn from intervention stocks, the successful
tenderer shall determine the schedule for their removal in agreementwith the intervention agency concerned.
4. The successful tenderer shall communicate to the recipient and to
the body responsible for payment the name of the vessel, the loading1983R1354 — EN — 01.07.1983 — 001.001 — 11
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date and the expected date of arrival at the port of unloading, as
soonas these particulars come to his kn owledge.
The body concerned shall immediately inform the Commission
accordingly. In the case of transport by charter, the successfultenderer shall stipulate in the transport document that the captainmust advise the recipient at least 72 hours in advance of the dateof arrival at the port of unloading.
5. The successful tenderer shall bear the cost of loading the goods on
board the vessel. He shall bear the freight and unloading charges,including wharfage and any lighterage charges. Where the goodsare supplied in containers, the cost of unloading the goods from the
containers shall not be charged to the successful tenderer.
6. Any demurrage at the port of unloading shall be charged to the
successful tenderer. In exceptional circumstances these costs maybe settled by the body concerned at its request, with the agreementof the Commission.
7. The successful tenderer shall furnish the recipient, immediately after
shipment of the goods, with:
— the clean, non-negotiable bill of lading, made out to the order of
the recipient, for the port of destination specified,
— a copy of the insurance policy referred to in point 2,
— where appropriate, the charter party.
If the recipient is not present at the time of shipment, the second
subparagraph of Article 21 (2) shall apply.
8. The successful tenderer shall bear all the risks, in particular those of
loss or deterioration, to which the goods are subject, until they haveeffectively passed the ship's rail at the port of shipment.
Article 19
In the case of supplies free-at-destination, the following provisions
shall apply:
1. The successful tenderer shall arrange for transport to the final desti-
nation by the fastest route and shall conclude the requisite contracts
for the carriage of the goods. He shall bear all the costs relatingthereto and the costs of unloading and placing them in a warehouseat the destination. He shall accordingly take out appropriate insur-ance cover.
2. Where the goods are drawn from intervention stocks, the successful
tenderer shall determine the schedule for their removal in agreementwith the intervention agency concerned.
3. The successful tenderer shall bear all the risks, and in particular
those of loss or deterioration, to which the goods are subject until
they have effectively been delivered and unloaded at the warehouseat their destination.
4. The successful tenderer shall, as soon as possible, notify the reci-
pient of the date of loading, the means of transport used for
forwarding the goods to their final destination and the expecteddate of arrival of the goods. He shall also communicate to the reci-pient the particulars specified in Article 20 (1) (a), (b) and (c). Heshall send this information immediately to the body responsible forpayment, which shall inform the Commission accordingly.
The successful tenderer shall notify the recipient of the probable
date of arrival of the goods at their final destination, at least threedays before this date.
Article 20
1. The successful tenderer shall submit, before the loading of the
goods at the port of shipment, to any checks requested in good timeand paid for by the recipient concerning the quality, quantity and1983R1354 — EN — 01.07.1983 — 001.001 — 12
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packaging of the goods supplied. For that purpose the successful
tenderer shall hand over a list containing the following particulars:
(a) the quantity, type, markings and numbers of the packages;
(b) the gross and net weight of the goods;
(c) where appropriate, the serial number of the control copy T No 5
referred to inArticle 22 (2);
(d) where appropriate, a copy of the control certificate referred to in
Article 8 (3).
2. If, as a result of the checks referred to inparagraph 1, the reci-
pient disputes the quality, quantity or packaging of the goods, theintervention agency of the country of shipment, in conjunction withthe intervention agency or agencies concerned, shall arrange for asecond check to be made before the loading of the goods at the portof shipment, and the results of this check shall be final. Any costs
arising therefrom shall be borne by the losing party, including the costs
entailed by failure to observe the period of shipment as specified in thenotice of invitation to tenderer or as extended in accordance withArticle 17 (5).
3. Where the decisive check reveals that the goods do not satisfy the
requirements, the goods must be replaced by the successful tenderer.
Where the quantity is deficient the successful tenderer shall make up
the deficiency.
Where the goods are drawn from intervention stocks or manufactured
therefrom, the Commissionshall, if n ecessary, take appropriatemeasures.
Article 21
1. In the case of supplies fob and cif, a taking-over certificate shall
be issued to the successful tenderer by the recipient immediately afterthe goods have been loaded at the port of shipment and, in the case ofdelivery cif, after the successful tenderer has furnished the bill oflading, the copy of the marine insurance policy and, where appropriate,
the charter-party, inaccordan ce with Article 18 (7).
The taking-over certificate shall contain the details listed in Annex V.2. Where the recipient fails to issue the certificate and provided that
there is no dispute concerning the goods, the intervention agency of thecountry of shipment shall issue the successful tenderer with a certifi-cate drawn up in accordance with Annex V, upon presentation of thesupporting documents referred to in Article 20 (1) plus, in the case ofsupply cif, the bill of lading, the marine insurance policy and, where
appropriate, the charter-party.
In such cases, the intervention agency shall immediately forward the
bill of lading, the marine insurance policy and, where appropriate, thecharter-party to the Commission. These documents shall be sent by theCommissionto the recipien t.
3. In the case of supply free-at-destination, a taking-over certificate
shall be issued by the recipient in accordance with the specimen inAnnex V, immediately after the goods have been unloaded at the ware-
house at their final destination.
Where the recipient fails to issue the taking-over certificate and
provided that there is no dispute concerning the goods, proof of supplymay be furnished by means of a certificate drawn up in accordancewith Annex V, endorsed by the Community delegate in the country ofdestination, or, failing this, by the embassy of one of the MemberStates of the Community.1983R1354 — EN — 01.07.1983 — 001.001 — 13
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TITLE V
SPECIALRULESONTHEUSEOFTHECONTROLCOPY
Article 22
Where the goods to be supplied are neither drawn from nor to be
manufactured from products coming from intervention agency stocks,
the following provisions shall apply:
1. The customs export formalities shall be completed inthe Member
State inwhich the ten der was submitted.
2. Where the goods leave the geographical territory of the Community
from a Member State other thanthat inwhich the customs exportformalities were completed, the goods shall, from the time ofcompletion of the said formalities until termination of the checksreferred to in Article 8 (5), be accompanied by the control copy TNo 5 referred to inArticle 10 of Regulation(EEC) No 223/77.
3. The control copy T No 5 shall be issued only on production of the
certificate referred to inArticle 8 (3); this certificate shall benumbered and shall contain the following details:
— a descriptionof the goods as it should appear inbox 41 of the
control copy T No 5 and, where appropriate, any other informa-tion necessary for control purposes,
— the quantity, type, markings and numbers of the packages,
— the gross weight and the net weight of the goods,
— a reference to this Regulation.
A copy of this certificate shall be kept the customs office which
issues the control copy T No 5.
4. The ‘additional information’ section of the control copy T No 5
shall be completed as follows:
box 101: by entering the Common Customs Tariff heading or
subheading within which the goods fall;
box 104: by deleting the word ‘others’ in the second indent and
adding one of the following entries:
— ‘For export as food aid (Regulation(EEC) No 1354/83)’,
— »Bestemt til udførsel som fødevarehjælp (forordning (EØF)
nr. 1354/83)«,
— „Zur Ausfuhr als Nahrungsmittelhilfe (Verordnung (EWG)
Nr. 1354/83)“,
—«Προς εξαγωγή στο πλαίσιο της επισιτιστικής βοήθειας
(κανονισµός (ΕΟΚ) αριθ. 1354/83)»
— «Destiné à être exporté au titre de l'aide alimentaire (règlement
(CEE) n
o1354/83)»,
— «Destinato ad essere esportato a titolo di aiuto alimentare (rego-
lamento (CEE) n. 1354/83)»,
— „Bestemd om te wordenuitgevoerd als voedselhulp (Veror-
dening (EEG) nr. 1354/83)”.
box 106: by indicating the number of the certificate referred to in
point 3.
5. As regards the use of the control copy T No 5, Articles 8 and 14 of
Regulation(EEC) No 1687/76 shall apply mutatis mutandis to goods
purchased on the Community market or goods manufactured there-from.1983R1354 — EN — 01.07.1983 — 001.001 — 14
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TITLE VI
CONDITIONS FOR PAYMENT AND RELEASE OF SECURI-
TIES
Article 23
1. Payment to the successful tenderer shall be made in accordance
with Article 3 of Regulation (EEC) No 249/77 by the interventionagency to which the tenderer was submitted.
2. The amount to be paid shall be the amount tendered. However, in
the case of goods purchased on the Community market or goods manu-
factured therefrom, the amount of the tender shall be corrected, whereappropriate, to reflect the increase in the intervention price applicableto butter or skimmed-milk powder, expressed inthe curren cy of theMember State in which the tender was submitted, between the finaldate for the submission of tenders and the date of issue of the certifi-
cate referred to inArticle 8 (3). Inthe case of butteroil, the correction
shall be calculated on the basis of the change in the intervention pricefor butter multiplied by a coefficient of 1,22 or 1,25, depending onwhether the fat content of the butter used was at least 82 % or wasless than 82 %. The successful tenderer may not claim payment under
this provision until the seventh day after the entry into force of the new
intervention prices and only if he furnishes proof that the basic product,whether butter or skimmed-milk powder, was manufactured after theentry into force of the new intervention prices.
3. The amount due shall be paid only on production of the following
supporting documents:
(a) the original of the taking-over certificate referred to in Article 21,
drawn up by the recipient or by the intervention agency pursuant to
Article 21 (2), or the certificate referred to inthe secon d subpara-
graph of Article 21 (3);
(b) where appropriate, the quality control certificate referred to in
Article 8 (3);
(c) in the case of goods drawn from intervention stocks or goods
manufactured therefrom, the proof referred to in Article 12 ofRegulation(EEC) No 1687/76;
(d) inthe case of goods purchased onthe Commun ity market or goods
manufactured therefrom, the control copy T No 5 referred to inArticle 22 (2) to (5) or, if the destination has been checked onlyby the authorities of a single Member State, the proof of exporta-
tionrequired by that Member State;
(e) in the case of supply cif, a copy of the bill of lading, the marine
insurance policy, and, where appropriate, the charter party.
4. At the request of the successful tenderer, the body concerned may
make payment proportional to the quantities of goods in respect ofwhich the supporting documents listed above have been provided.
5. Inthe case of supply free-at-destin ationof goods bought onthe
Community market or goods manufactured therefrom, the body respon-sible for payment shall, at the request of the successful tenderer and onproduction of the supporting documents referred to in paragraph 3 (b)
and (d), make a payment on account.
However, such payment on account may not exceed 90 % of the sum
payable. The payment on account shall be made only if the successfultenderer lodges, under the terms of Article 12 (2), a security equal to
the payment on account plus 10 %.
6. In the case of supply fob or cif, the supporting documents
referred to inparagraph 3 shall be submitted to the body respon siblefor payment within six months of the expiry date of the shipment
period as specified in the notice of invitation to tender or as extended
inaccordan ce with Article 17 (5).
In the case of supply free-at-destination, the supporting documents
shall be submitted within nine months of the said expiry date.1983R1354 — EN — 01.07.1983 — 001.001 — 15
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7. If the supporting documents referred to in paragraph 3 are
produced after the time limits laid downinparagraph 6, paymen t shallbe made infull. Moreover, the provision s of Article 26 (4) shall apply.
Article 24
1. In the case of supply fob, any costs arising as a result of the reci-
pient's making the vessel available at a date which makes it impossible
to observe the shipment period as specified in the notice of invitation
to tender, having regard to the requirements laid down in Article 17(3), or arising as a result of an extension of the shipment period inaccordance with Article 17 (5), or arising from the fact that the vesselis unsuitable for the cargo, shall be determined by the body concerned
and paid by the latter, upon agreement by the Commission, to the
successful tenderer on production of supporting documents.
Such additional costs shall be the following, excluding any administra-
tive costs:
— storage and insurance costs,
— financing costs, on the basis of the rate obtaining in the Member
State responsible for payment.
Such costs shall be calculated for the period beginning on the day
following the last day of the shipment period as specified in the notice
of invitation to tender and ending either on the date on which loading
is effectively commenced, or at the end of the period referred to inArticle 17 (5) in the event that the successful tenderer is releasedfrom his obligations.
2. In the case of supply free-at-destination, the additional storage,
insurance and financing costs entailed by delays not attributable to thesuccessful tenderer of more than 15 days between delivery of the goodsto the warehouse at their destination and the issue of the taking-overcertificate by the recipient shall be reimbursed to the successful
tenderer, on production of supporting documents, by the body respon-
sible for payment, upon agreement by the Commission; the additionalfinancing costs shall be assessed on the basis of the rates obtaining inthe Member State responsible for payment.
3. If, after the award has beenmade, the Commissiondesign ates a
port of shipment, transhipment or unloading or a final destination otherthan those originally scheduled, the successful tenderer shall deliver thegoods to the new port or new place of destination. The body concernedshall reach agreement with the successful tenderer, upon agreement bythe Commission, on the decrease or increase in the amount to be paid
as compared with the amount specified in the successful tender.
By submitting a duly reasoned request, however, the successful
tenderer may be released from his obligations by the body responsiblefor payment, which shall so inform the Commission immediately. In
such cases, the Commissionshall take appropriate action .
4. If the successful tenderer has had to bear, in respect of supply
made pursuant to this Regulation, unforeseeable costs which could not
be covered by insurance, he may have them taken over by the body
responsible for payment on production of supporting documents andupon agreement by the Commission.
Article 25
1. The successful tenderer shall bear all the financial consequences
of a failure to supply some or all of the goods onthe terms stipulated,if the recipient has made supply possible on such terms.
If, for reasons attributable to the successful tenderer, shipment has not
been made within three months of the expiry date of the shipmentperiod as specified in the notice of invitation to tender or as extendedin accordance with Article 17 (5), the body responsible for paymentshall release the successful tenderer from his obligations. In such casesthe Commissionshall take appropriate action .1983R1354 — EN — 01.07.1983 — 001.001 — 16
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2. The costs arising from a failure to supply the goods as a result of
a case of force majeure shall be borne by the body responsible for
payment.
Article 26
1. The tendering security referred to in Article 12 shall be released
only where:
(a) the tenderer did not withdraw his tender before the contract was
awarded and where:
— inthe case referred to inthe first in den t of Article 12 (1), the
delivery security provided for, as the case may be, inArticle 4(1) or 6 (1) (b) has beenlodged inaccordan ce with Article 13
of Regulation(EEC) No 1687/76,
— in the case referred to in the second indent of Article 12 (1), the
supporting documents referred to in Article 23 (3) have beenforwarded to the body concerned;
(b) the tender is not valid or has not been accepted, or where no
contract has been awarded.
2. The delivery security referred to inArticle 4 (1) an d 6 (1) (b)
shall be released as provided for inparagraph 4 on ly where the
supporting documents referred to in Article 23 (3) have been forwardedto the body concerned.
3. The security referred to inthe secon d subparagraph of Article 23
(5) shall be released as provided for inparagraph 4 on ly onproductionof a certificate as referred to inArticle 23 (3) (a).
4. All securities shall be released as soonas the requisite supportin g
documents have been produced. The securities shall be forfeit if thesupporting documents have not been produced within the time limitsspecified inArticle 23 (6), subject to paragraphs 5 an d 6. If, however,the supporting documents are produced after the prescribed time limits
and within 24 months of the expiry date of the shipment period as
specified in the notice of invitation to tender or as extended in accor-dance with Article 17 (5), 80 % of the securities in question shall bereturned to the successful tenderer.
5. Where, for reasons attributable to the successful tenderer, the
shipment period as specified in the notice of invitation to tender or asextended in accordance with Article 17 (5) has not been observed, thebody concerned shall withhold, for each day's delay, in proportion to
the quantities not shipped:
— 1 % of the amount of the tendering security in the case of goods
purchased on the Community market or goods manufactured there-from,
— 0,03 % of the amount of the delivery security in the case of goods
drawn from intervention stocks or goods manufactured therefrom.
6. All the securities shall be forfeit inthe even t of the successful
tenderer's being released from his obligations in accordance with the
second subparagraph of Article 25 (1).
7. At the request of the successful tenderer, the bodies concerned
shall release the securities inproportionto the quan tities of goods inrespect of which the requisite supporting documents have beenprovided.
8. All the securities shall be released as soonas the successful
tenderer is released from his obligations in accordance with Article 17(5) or the second subparagraph of Article 24 (3).
9. Where the successful tenderer has been unable to fulfil his obliga-
tions because of circumstances recognized as a case of force majeure
by the body responsible for payment, the securities shall be releasedimmediately.1983R1354 — EN — 01.07.1983 — 001.001 — 17
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Article 27
1. Where a case of force majeure occurs during the control period
referred to inArticle 8 (5), Article 11 of Regulation(EEC) No 1687/
76 shall apply.
2. Inan y other case of force majeure, the body concerned shall
decide on the measures which it considers necessary in the light ofthe circumstances involved and shall inform the Commission thereofwithout delay.
TITLE VII
FINALPROVISIONS
Article 28
No refund or compensatory amount, whether monetary or accession,
shall be applied to skimmed-milk powder, butter or butteroil suppliedas food aid.
Article 29
1. Where a single food-aid operation involves several bodies in
different Member States, the latter shall communicate to each other
with the minimum delay all the information necessary for carrying outtheir respective tasks and for the successful conclusion of the operation.
2. The bodies which take part ina food-aid operationshall commu-
nicate without delay to the Commission the information relating to theimplementation of the operations for which they are responsible.
Article 30
1. Regulation(EEC) No 303/77 is hereby repealed. It shall,
however, continue to apply to operations for which the notice of invita-tionto ten der is published before this Regulationapplies.
2. The Annex to Regulation (EEC) No 1687/76 is hereby amended
in accordance with Annex VI. Article 3 (2) of Regulation (EEC)
No 1687/76 shall not apply to deliveries carried out under this Regula-tion.
Article 31
This Regulation shall enter into force on the 20th day following its
publicationinthe Official Journal of the European Communities .
It shall apply from ►
M11 August 1983 ◄.
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1983R1354 — EN — 01.07.1983 — 001.001 — 18
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ANNEX I
MILKPOWDER
A. SKIMMED-MILK POWDER
1.Compositionandqualityrequirements
The composition and the quality must conform to the specifications laid
down in Annex I (1) to Commission Regulation (EEC) No 625/78 of 30
March 1978.
2.Controlmethods
The control methods must conform to the specifications laid down in
Annex I (2) (a) and (b) to Commission Regulation (EEC) No 625/78 of
30 March 1978.
3.Packagingandstoragerequirements
The packaging must conform to the specifications laid down in Annex II to
CommissionRegulation(EEC) No 625/78 of 30 March 1978.
4.Markingrequirements
The bags shall bear, the following information in the language(s) specified
in the notice of invitation to tender:
(a) the description‘spray skimmed-milk powder’;
(b) the words ‘Gift of the European Economic Community’, plus the parti-
culars given in the notice of invitation to tender;
(c) the net weight;
(d) the month and year of manufacture;
(e) the processing undertaking either in code or in clear;
(f) the number of the Regulation authorizing the tendering procedure and
the description of the lot as given in the notice of invitation to tender.
This information must appear on at least one side of the bag and cover at
least one-third of the surface area. If glue is used for labelling, it must be
water-resistant.
B. VITAMINIZED SKIMMED-MILK POWDER
1.Compositionandqualityrequirements
The composition and quality must conform to the specifications laid down
in Annex I (1) to Commission Regulation (EEC) No 625/78 of 30 March
1978.
The following requirements must also be met:
— vitamin A content in IU/100 grams: 5000 to 10000,
— vitamin D content in IU/100 grams: 500 to 1 000,— the vitamin mixture incorporated into the milk must be guaranteed to
contain 10 times as much vitamin A as vitamin D. The vitamins incor-
porated inthe milk must be of pharmaceutical quality an d produced for
human consumption. The vitamin A must be in the form of palmitate
and/or acetate.
2.Agerequirements
Vitaminized skimmed-milk powder must have been manufactured not more
than one month (counting from the first day of the first full week following
manufacture) before the control certificate referred to in Article 8 (3) is
issued.
3.Controlmethods
The control methods shall be those specified in Annex I (2) (a) and (b) to
CommissionRegulation(EEC) No 625/78 of 30 March 1978.
In addition, the 10:1 ratio between the vitamin A and vitamin D concentra-
tions and also the actual content of these vitamins in the preparation to be1983R1354 — EN — 01.07.1983 — 001.001 — 19
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added to the skimmed-milk powder shall be guaranteed by the producer
and/or by the supplier in writing.
The competent agency of the Member State concerned shall scrutinize the
supporting documents for the guarantee in order to check on the manufac-
ture, the standardization of the vitamin A and D content and the packaging
of the preparation. It may also take samples for laboratory analysis.
Only products meeting the above requirements may be added to skimmed-
milk powder to enrich it with vitamins A and D. The information on the
preparations of vitamins A and D used allowing the following to be identi-
fied:
— materials in and materials out and quantities used,
— the name and the address of the producer and/or of the supplier,— the enrichment procedure used,— the date of utilization,
must be entered in a register that the manufacturer of vitaminized
skimmed-milk powder shall be obliged to keep.
The competent agency of the Member State concerned shall be responsible
for checking that the obligations set out above are met.
In order to check the vitamin A and D contents required under paragraph 1,
the competent intervention agency of the Member State concerned shall:
— determine the vitamin A content by laboratory analysis,
— calculate the vitamin D content using the results of the analysis
mentioned in the preceding indent, on the basis of a 10:1 ratio between
the concentrations of the said vitamins.
The reference method used to determine the vitamin A content shall be that
giveninCommissionDirective 73/46/EEC of 5 December 1972 or inIDF
working paper E 46 Vitamin A — Doc. 11 (October 1981).
The reference method used to determine the vitamin D content in the
preparationto be added to the skimmed-milk powder shall be that given
inAOAC Methods (1980) 43 079, page 751.
4.Packagingandstoragerequirements
The conformity of the packaging with the requirements set out below shall
be certified by a packaging body approved by the Member State concerned
which shall provide a detailed report together with a descriptionof the
technical characteristics of the packaging materials. The certificates of
conformity shall be valid for 12 months only.
4.1.Packages with a net content of 1 000 and 2000 grams
The vitaminized skimmed-milk powder shall be packed in closed sachets
heat-sealed at both ends, of sufficient length, provided with a clip so that
they can be closed again after opening, and meeting the criteria set out in
(a) below.
For transportation, the filled sachets shall be packed by 20-kilogram lots in
cartons or other outer packaging meeting the criteria set out in (b) below.
(a) Characteristics of sachets
(aa) Polyethylene film suitable for contact with foodstuffs:
— tensile strength in accordance with ISO Standard No 1184
(speed of traction 500 mm/minute), minimum: 15 N/mm,
— resistance to a dart impact test in accordance with ASTM
Standard No D 1709, minimum: 120 grams.
(ab) the resistance of heat-seals undergoing tensile strength tests deter-
mined under the same conditions as that of the film must be at
least 11 N/mm.
The above characteristics shall be tested on20 empty sachets
which have beenheat-sealed.
(b) Packaging of sachets for transportation
The outer packaging must provide the best possible fit, leaving
minimum space between the sachets. If glue is used for making up or
sealing the outer packaging, it must be water-resistant. If adhesive tape
is used, it must not become unstuck in a damp atmosphere.
Complete packages prepared for shipment and stored prior to testing in
accordance with ISO Standard No 2233 for one week at 20 ºC and a1983R1354 — EN — 01.07.1983 — 001.001 — 20
▼B
relative humidity of 90 % must be capable of surviving the following
tests:
(ba) Three vertical drops from a height of 1,5 metres
This test must be carried out in accordance with ISO Standard
No 2248, on three different edges relating to different axes in the
case of parallelipiped packages or oneach of the three smallest
cross-sections in the case of other packages within the meaning
of ISO Standard No 2206, with the package suspended in such a
way that its centre of gravity is vertical to the point of release.
(bb) Minimum resistance to compression: 10000 N
This test shall be carried out in accordance with ISO Standards
No 2872 and No 2874, with the package placed in the normal
transportation position.
Both tests shall be carried out onfive complete packages; after
the tests:
— the packages may be deformed but they must remainwhole
and may not be torn,
— the sachets must not leak.
4.2.Packages with a net content of 25 kilograms plus 25 empty sachets
The vitaminized skimmed-milk powder shall be packed in new, clean, dry
and intact bags meeting the requirements laid down in Annex II (1) (c) to
CommissionRegulation(EEC) No 625/78.
The 25 empty sachets supplied with the vitaminized skimmed-milk powder
must have the characteristics described inparagraph 4 (1) (a). They must
have general dimensions allowing them to be filled manually with 1000
grams of vitaminized skimmed-milk powder and to be sealed without diffi-
culty using clips which shall also be supplied.
The 25 empty sachets with their sealing clips shall be inserted together
between the four-ply bag and the internal polyethylene liner bag such that
they are positioned near the top of the bag; the top of the bag shall be
defined by the orientation of the lettering on the package.
The inner polyethylene liner bag must not develop a leak after the package
has beensealed.
4.3.Packages with a net content of 25 kilograms
The vitaminized skimmed-milk powder shall be packed in new, clean, dry
and intact bags meeting the requirements laid down in Annex II (1) (c) to
CommissionRegulation(EEC) No 625/78.
The inner polyethylene liner bag must not develop a leak after the package
has beensealed.
5.Markingrequirements
The marking requirements shall be the same as those given under A (4),
except for the following: (a) the description, which shall be ‘vitaminized
spray skimmed-milk powder’.1983R1354 — EN — 01.07.1983 — 001.001 — 21
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ANNEX II
BUTTER
1.Compositionandqualityrequirements
1.1.Composition requirements:
(a) milk-fat content, not less than: 82,0 %
(b) solids-non-fat content, not more than: 2,0 %
(c) water content, not more than: 16,0 %
1.2.Quality requirements:
As specified in the notice of invitation to tender.
2.Controlmethods
Without prejudice to the measures concerning the harmonization of analy-
tical methods, the following reference methods are compulsory for the
applicationof this Regulation :
(a) water, solids-non-fat and fat
content (same test sample):IDF International Standard 80 (1977)
(b) water content: IDF International Standard 10 (1960)
(c) solids-non-fat content: IDF International Standard 11 (1960)
(d) free fatty acids content: IDF International Standard 6A (1969)(e) determination of peroxide
value:IDF International Standard 74 (1974)
3.Packagingandstoragerequirements
The packaging must conform to the specifications laid down in Article 5
(2) and (3) of Regulation (EEC) No 685/69.
Butter must be transported at a temperature of − 10 ºC or lower.
4.Markingrequirements
The packaging shall bear, in the language(s) specified in the notice of invi-
tation to tender, the following information, of which the particulars under
(f) shall be obligatory only for cartons:
(a) the description ‘butter’, plus the particulars given in the notice of invi-
tationto ten der, where appropriate;
(b) the words ‘Gift of the European Economic Community’, plus the parti-
culars given in the notice of invitation to tender;
(c) the net weight;
(d) the month and year of manufacture;
(e) the processing undertaking, in code;
(f) the number of the Regulation authorizing the tendering procedure and
the description of the lot as given in the notice of invitation to tender.
This information must appear on at least one side of the carton and cover at
least one-third of the surface area. If glue is used for labelling, it must be
water-resistant1983R1354 — EN — 01.07.1983 — 001.001 — 22
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ANNEX III
BUTTEROIL
1.Compositionandqualityrequirements
1.1.Composition requirements:
(a) milk-fat content, not less than: 99,8 %
(b) solids-non-fat and water content not more than: 0,2 %
1.2.Quality requirements:
(a) free fatty acids content expressed as oleic acid, not
more than:0,35 %
(b) peroxide value expressed inmilliequivalen ts of
activated oxygen per kilogram not more than:0,5 %
(c) neutralizers, preservatives, antioxydants: none(1)
(d) taste and smell: clean, absence
of off-taste and
off-smell
(1) Or documents showing equivalent checks have been made.
2.Controlmethods
Without prejudice to the measures concerning the harmonization of analy-
tical methods, the following reference methods are compulsory for the
applicationof this Regulation :
(a) fat content: IDF International Standard 24 (1964)
(b) water content: IDF International Standard 23 (1964)
(c) free fatty acids content: IDF International Standard 6A (1969)(d) determination of peroxide
value:IDF International Standard 74 (1974)
3.Packagingandstoragerequirements
3.1. Butteroil shall be packed in metal canisters which have been internally
coated with edible varnish or have undergone a treatment offering equiva-
lent guarantees and which have been completely filled and hermetically
sealed in an atmosphere of nitrogen.
The metal canisters shall be packed in cartons containing:
— eight 2,5-kilogram canisters,
— four five-kilogram canisters, or
— one 20-kilogram canister
If glue is used for making up or sealing the cartons, it must be water-resis-
tant. If adhesive tape is used, it must not become unstuck in a damp
atmosphere.
Complete packages, as prepared for shipment, containing either one 20-
kilogram metal canister, four five-kilogram canisters or eight 2,5-kilogram
canisters all 95 % full of water and stored prior to testing in accordance
with ISO Standard No 2233 for one week at 20 ºC and a relative humidity
of 90 %, must be capable of surviving the following tests:
(a) Three vertical drops from a height of one metre
This test must be carried out in accordance with ISO Standard No 2248
on three different edges relating to different axes with the package
suspended in such a way that its centre of gravity is vertical to the
point of release;
(b) Minimum resistance to compression: 6000 N1983R1354 — EN — 01.07.1983 — 001.001 — 23
▼B
This test shall be carried out in accordance with ISO Standards No 2872
and No 2874; with the package placed in the normal transportation
position.
Both tests shall be carried out onfive complete packages. After the
tests:
— the cartons may be deformed but they must remain whole and may
not be torn,
— the metal canisters must not leak once the vacuum seal has been
broken.
3.2. The conformity of the packaging with the requirements set out above shall
be certified by a testing agency approved by the Member State concerned
which shall provide a detailed report together with a descriptionof the
technical characteristics of the packaging materials.
The certificate of conformity shall be valid for a period of 12 months only.
4.Markingrequirements
The lithographed metal canisters and the printed cartons shall bear the
following information in the language(s) specified in the notice of invita-
tionto ten der:
(a) the description‘butteroil’;
(b) the words ‘Gift of the European Economic Community’ plus the parti-
culars given in the notice of invitation to tender;
(c) the net weight;
(d) the month and year of manufacture;
(e) the processing undertaking, in code;
(f) the number of the Regulation authorizing the tendering procedure and
the description of the lot as given in the notice of invitation to tender.
This information must appear on at least on side of the packaging and
cover at least one-third of the surface area.1983R1354 — EN — 01.07.1983 — 001.001 — 24
▼B
ANNEX IV
1983R1354 — EN — 01.07.1983 — 001.001 — 25
▼B
ANNEX V
1983R1354 — EN — 01.07.1983 — 001.001 — 26
▼B
ANNEX VI
AMENDMENTSTOTHEANNEXTOREGULATION(EEC)No1687/76
1. Part I ‘Products to be exported inthe same state as that inwhich they were
when removed from intervention stock’:
(a) point 6 is deleted; these provisions shall still apply, however, to deliv-
eries to which Regulation(EEC) No 303/77 is applicable un der
individual Regulations;
(b) point 31, and the footnote relating thereto are inserted:
‘31. CommissionRegulation(EEC) No 1354/83 of 17 May 1983 layin g
down general rules for the mobilization and supply of skimmed-
milk powder, butter and butteroil as food aid (1).
(1) OJ No L 142, 1. 6. 1983, p. 1.’
2. Part II ‘Products subject to a use and/or destination other than that mentioned
under I’:
(a) point 6 is deleted; these provisions shall still apply, however, to deliv-
eries to which Regulation(EEC) No 303/77 is applicable un derindividual Regulations;
(b) the following point is inserted:
‘17. CommissionRegulation(EEC) No 1354/83 of 17 May 1983 layin g
down general rules for the mobilization and supply of skimmed-
milk powder, butter and butteroil as food aid (
17):
(a) on the release of butter for processing into butteroil:
— box 104: ‘for processing and subsequent delivery as food
aid (Regulation(EEC) No 1354/83)’,
»til forarbejdning og efterfølgende levering som
fødevarehjælp (forordning (EØF) nr. 1354/83)«,
„zur Verarbeitung und anschließenden Lieferung
im Rahmen der Nahrungsmittelhilfe (Verordnung
(EWG) Nr. 1354/83)“,
«Προοριζόµενο για µεταποίηση και εν
συνεχεία για παράδοση υπό µορφή
επισιτιστικής βοήθειας (κανονισµός (ΕΟΚ)
αριθ.1354/83)»,
«destiné à la transformation et à la livraison
ultérieure au titre de l'aide alimentaire (règle-
ment (CEE) no1354/83)»,
«destinado alla trasformazione e successivamente
alla fornitura a titolo di aiuto alimentare (regola-
mento (CEE) n. 1354/83)»,
„bestemd om te wordenverwerkt envervolgen s
als voedselhulp te worden geleverd (Verordening
(EEG) nr. 1354/83)”;
(b) onthe dispatch of butteroil to the port of loadin g inthe case of
delivery fob or unloading in the case of delivery cif or free-at-
destination:1983R1354 — EN — 01.07.1983 — 001.001 — 27
▼B
— box 104: ‘for export as food aid (Regulation(EEC)
No 1354/83)’,
»bestemt til udførsel som fødevarehjælp
(forordning (EØF) nr. 1354/83)«,
„als Nahrungsmittelhilfe auszuführen (Verord-
nung (EWG) Nr. 1354/83)“,
«προοριζόµενο να εξαχθεί υπό µορφή
επισιτιστικής βοήθειας (κανονισµός) (ΕΟΚ)
αριθ.1354/83)»
«destiné à être exporté au titre de l'aide alimen-
taire (règlement (CEE) no1354/83)»,
«destinato ad essere esportato a titolo di aiuto
alimentare (regolamento (CEE) n. 1354/83)»,
„bestemd om te wordenuitgevoerd als voedsel-
hulp (Verordening (EEG) nr. 1354/83)”;
— box 106: the weight of the butter used for the manufacture
of the quantity of butteroil shown in box 103.’
(17) OJ No L 142, 1. 6. 1983, p. 1.1983R1354 — EN — 01.07.1983 — 001.001 — 28