CELEX: 31975R3253
Language: en
Date: 1975-12-13 00:00:00
Title: Regulation (EEC) No 3253/75 of the Commission of 12 December 1975 on the sale by tender of skimmed-milk powder for processing into compound feedingstuffs

13 . 12. 75                              Official Journal of the European Communities                          No L 322/ 29
                              REGULATION (EEC) No 3253/75 OF THE COMMISSION
                                                      of 12 December 1975
                on the sale by tender of skimmed-milk powder for processing into compound
                                                           feedingstuffs
THE COMMISSION OF THE EUROPEAN                                      Whereas, in order to ensure that manufacture is
COMMUNITIES,                                                        subject to supervision, provision should be made for
                                                                    the compound feedingstuffs to be manufactured in an
                                                                    undertaking approved by the Member State
Having regard to the Treaty establishing the European               concerned ;
Economic Community ;
                                                                    Whereas, where processing takes place in a Member
                                                                    State other than the Member State of sale, provision
Having regard to Council Regulation (EEC) No                        should be made, for the purpose of verifying destina­
804/68 ( ! ) of 27 June 1968 on the common organiza­                tion, for the use of the control copy provided for by
tion of the market in milk and milk products, as last                Commission Regulation (EEC) No 2315/69 (6) of 19
amended by Regulation (EEC) No 740/75 (2), and in                    November 1969 on the use of Community transit
particular Articles 7 (5) and 28 thereof ;                          documents for the purpose of applying Community
                                                                     measures for verifying the use and/or destination of
                                                                    goods, as last amended by Regulation (EEC) No
Whereas under Council Regulation (EEC) No                            690/73 (7) ;
2808/75 (3) of 29 October 1975 laying down special
measures for the disposal, with a view to its incorpora­             Whereas the measures provided for in this Regulation
tion in compound feedingstuffs, of skimmed-milk                      are in accordance with the Opinion of the Manage­
powder held in public storage, skimmed-milk powder                   ment Committee for Milk and Milk Products,
held by intervention agencies and put into storage
before 1 April 1 974 may be sold at a reduced price ;
whereas approximately 50 % of the quantity in ques­                  HAS ADOPTED THIS REGULATION :
tion is to be sold for use in the Community in the
form of compound feedingstuffs ; whereas in view of
the magnitude of public stocks this provision should                                           Article 1
be applied ; whereas, in order to ensure equal access to
all purchasers, the sale should be by tender ;                       1 . There shall be put up for sale, on the   terms here­
                                                                     inafter set out, skimmed-milk powder          bought in
                                                                     pursuant to Article 7 ( 1 ) of Regulation     (EEC) No
Whereas, in order to ensure that the measure is effec­               804/68 and taken into storage after 30        September
                                                                     1973 and before 1 November 1973 .
 tive, a minimum skimmed-milk powder content
 should be fixed for the compound feedingstuffs ;
whereas this measure concerns more particularly                      2. The skimmed-milk powder put up for sale
 compound feedingstuffs for calves, which feedingstuffs              pursuant to this Regulation shall be for use as
 may be defined by reference to Commission Regula­                   compound feedingstuffs as defined in Article 4 of
 tion (EEC) No 990/72 (4) of 15 May 1972 on detailed                 Regulation (EEC) No 990/72 with a skimmed-milk
 rules for granting aid for skimmed-milk processed                   powder content of at least 50 % .
 into compound feedingstuffs and for skimmed-milk
 powder for use as feed, as last amended by Regulation                                         Article 2
 (EEC) No 453/73 (5) ;
                                                                     The skimmed-milk powder shall be sold by tender.
 Whereas a system of supervision should be set up to
                                                                                               Article 3
 ensure that the skimmed-milk powder is not diverted
 from its destination ; whereas such supervision should
 operate from the time of removal from storage until                  1 . The selling intervention agency shall issue an
 processing into compound feedingstuffs ; whereas the                 invitation to tender indicating in particular :
  provision of security and the use of distinctive pack­             (a) the quantities of skimmed-milk powder put up for
 aging will assist in achieving this aim ;                                sale for the use referred to in Article 1 (2) ;
                                                                     (b) the location of the depot or depots in which these
 (') OJ  No   L 148 , 28 . 6. 1968 , p. 13 .                               quantities are stored ;
 (2) OJ  No   L 74, 22. 3 . 1975, p. 1 .
 (3) OJ  No   L 280, 31 . 10 . 1975, p. 2.
 (<) OJ  No   L 115, 17. 5. 1972, p. 1 .                              (6) OJ No L 295, 24. 11 . 1969, p. 14.
  5) OJ  No   L 53, 26. 2. 1973, p. 4.                                (7) OJ No L 66, 13 . 3 . 1973 , p. 23 .
 ---pagebreak--- No L 322/30                         Official Journal of the European Communities                               13 . 12. 75
(c) the closing date and address for the submission of        — send to the Commission immediately on expiry of
     tenders .                                                      the time limit specified in Article 3 (3) a list of the
                                                                    tenders validly submitted, indicating the amounts
2.       The   notice of invitation  to tender shall be             offered ;
published in the Official Journal of the European             — after the Commission has fixed a minimum price,
Communities at least 20 days before the closing date                forward to the selling agency, with a view to the
for     the  submission   of  tenders . The   intervention
                                                                    award of contracts in accordance with Article 10
agency may also publish such notice elsewhere.                     (2) (3) and (4), those tenders indicating an amount
                                                                    equal to or exceeding that price, together with the
3.       The first closing date for the submission of               corresponding supporting documents as specified
tenders shall be 6 January 1976, at 12 noon.                        in paragraph 4 (a) and (b).
4. As regards the quantities not awarded on the first
                                                               2.     Every tender shall indicate :
invitation to tender, a new closing date for the submis­
sion of tenders shall be fixed subsequently.                   (a) the name and address of the tenderer ;
                                                               (b) the quantity to which the tender relates ;
                          Article 4
                                                               (c) the price offered per metric ton, exclusive of
                                                                    internal taxes, ex-storage depot, expressed in the
The selling intervention agency shall take the neces­               currency of the Member State in which the invita­
 sary measures to enable prospective tenderers to                   tion to tender is held ;
examine at their own expense, before submitting a
 tender, samples of the skimmed-milk powder for sale.          (d) the depot in which the skimmed-milk powder is
                                                                    stored .
                          Article 5                            A tender relating to two or more storage depots shall
                                                               be regarded as comprising a number of separate
 1 . A tenderer may not take part in the invitation to         tenders equal to the number of depots mentioned.
 tender unless he gives a written undertaking that he
 will, within two months from the day on which he              3.     A tender shall not be valid unless it relates to a
 takes delivery in accordance with Article 14 (2), have        quantity of at least 40 metric tons.
 the entire quantity of skimmed-milk powder awarded
 to him processed into compound feedingstuffs as               However, if the quantity available in a given storage
 defined in Article 1 (2) in an undertaking approved by        depot is less than the above quantity, the quantity
 the Member State in whose territory the processing is         there available shall constitute the minimum quantity
 carried out.                                                  for tender.
 2. Approval for the purposes of the proceding para­           4. A tender shall not be valid unless accompanied
 graph may be granted only in respect of undertakings          by :
 capable of processing at least 1 5 metric tons of
 skimmed-milk powder per day.                                  (a) the written undertaking referred to in Article 5,
                                                                    specifying the undertaking in which processing is
                                                                    to be carried out ;
                          Article 6
                                                               (b) declaration whereby the tenderer agrees to forego
  1 . Tenders, which shall be in writing, shall be                  any claim as to the quality and characteristics of
 submitted to the intervention agency either by hand                any skimmed-milk powder sold to him ;
 against acknowledgement of receipt or by registered           (c) proof that, before expiry of the period set for the
 letter addressed to the intervention agency. Interven­             submission of tenders, the tenderer has lodged the
 tion agencies may also authorize the use of telex.                 security for tender referred to in Article 7.
  Each tender shall be submitted to the intervention
                                                                5. A tender may stipulate that it is not to be
 agency of the Member State on whose territory the              regarded as having been submitted unless a contract is
  processing specified in Article 5 ( 1 ) is to be carried      awarded in respect of the entire quantity indicated
 out .                                                          therein .
 Where that intervention agency is not the selling inter­       A tender may stipulate that it is not to be regarded as
 vention agency, it shall :                                     having been submitted unless a contract is awarded in
 — check that the tenders comply with the provisions            respect of a specific quantity indicated therein .
       of paragraphs 2 to 5 hereinafter and shall reject
       tenders not validly submitted ;                          6.     No tender may be withdrawn .
 ---pagebreak--- 13 . 12 . 75                       Official Journal of the European Communities                            No L 322/31
                         Article 7                            powder than is available at the storage depot in ques­
                                                              tion, then a contract shall be awarded to the tenderer
1 . The security for tender shall be made out in              concerned only in respect of the quantity available.
favour of the intervention agency to which the tender
is submitted. It shall be 10 units of account per metric      4.     Where acceptance of two or more tenders
ton .                                                         offering the same price would result in contracts
                                                              being awarded in excess of the quantity still available,
2.     It shall take the form, at the option of the           the award shall be made by drawing lots.
Member State concerned, either of a cheque made out
in favour of the intervention agency, or of a guarantee
satisfying criteria laid down by that Member State.                                    Article 11
3 . Except in the event of force majeure, the secu­           Rights and obligations arising in connection with the
rity for tender shall be released only in respect of that     invitation to tender shall not be transferable .
quantity :
                                                                                       Article 12
(a) in respect of which the tenderer
      — has not withdrawn his tender before the award          1.    Every tenderer shall immediately be notified by
          of contracts,                                       the selling intervention agency of the result of his
          and                                                 tender. Where appropriate the selling agency shall at
                                                              the same time notify such result to the intervention
      — has, within the time prescribed, paid the
                                                              agency to which the tender was originally submitted.
          amount corresponding to his tender and
          lodged the processing security provided for in      2.     Every successful tenderer shall, before taking
          Article 13 ,
                                                              delivery of any quantity in accordance with Article 14
      or                                                      (2), pay to the selling intervention agency an amount
(b) in respect of which the tender has been refused.          corresponding to his tender in respect of that quan­
                                                              tity.
                         Article 8                            Where appropriate the selling agency shall forthwith
                                                              notify such payment to the intervention agency to
 In the light of the tenders received and in accordance       which the tender was originally submitted, indicating
 with the procedure laid down in Article 30 of Regula­        the amount thereof and the quantities concerned.
 tion (EEC) No 804/68 , a minimum selling price shall
 be fixed, or a decision shall be taken to make no
 award .                                                                               Article 13
                                                               1 . Before taking delivery of any quantity of skim­
                         Article 9                             med-milk powder every successful tenderer shall in
                                                               accordance with Article 7 (2) lodge with the compe­
 At the same time as the minimum selling price is              tent authority of the Member State in whose territory
 fixed and under the same procedure, the processing            the processing referred to in Article 5 ( 1 ) is to take
 security required under Article 13 shall be fixed per         place the processing security fixed in accordance with
  100 kilogrammes by reference to the difference               Article 9 .
 between the market price of skimmed-milk powder
 and the minimum price fixed.                                  2. Where the security is lodged in a Member State
                                                               other than that of sale, the competent authority which
                         Article 10                            receives the security shall forward without delay to the
                                                               selling intervention agency a declaration stating inter
  1 . A tender shall be refused if the price offered is        alia the amount of the security provided and the
 lower than the minimum price fixed.                           quantities of skimmed-milk powder involved and
                                                               confirming approval of the undertaking in which the
 2. Subject as provided in paragraph 1 , the contract          processing referred to in Article 5 ( 1 ) is to be carried
 shall be awarded to the tenderer offering the highest         out .
 price.
  If the quantity available in the storage depot in ques­                              Article 14
 tion is not exhausted by this award, contracts shall be
 awarded to other tenderers in descending order of              1.   When payment has been made in accordance
  tender until the quantity outstanding has been               with Article 1 2 (2) and the processing security has
  accounted for.                                               been lodged and, in the case specified in Article 13
                                                               (2), after receipt of the declaration referred to in that
  3 . Where acceptance of a tender would result in a           paragraph, the selling intervention agency shall issue a
  contract being awarded for more skimmed-milk                 removal voucher showing :
 ---pagebreak--- No L 322/32                         Official Journal of the European Communities                            13 . 12 . 75
(a) the quantity in respect of which these conditions         (a) if the processing into compound feedingstuffs is
     have been fulfilled ;                                         carried out in the territory of the Member State of
(b) the depot in which that quantity is stored ;                   sale : by a certificate issued by the body respon­
(c) the final date for delivery of the skimmed-milk                sible for the control referred to in Article 1 6 ;
     powder concerned.                                        (b) if the processing into compound feedingstuffs is
                                                                   carried out in the territory of a Member State other
2.     Every successful tenderer shall take delivery of
                                                                   than that of sale : by production of the control
the skimmed-milk powder awarded to him within 45
                                                                   copy specified in Article 1 of Regulation (EEC) No
days of receiving the notification provided for in                 2315/69 .
Article 12 ( 1 ). He may take delivery in instalments of
not less than 10 metric tons each .
                                                               Sections 101 , 103, 104 and 106 on the control copy
Except in the event of force majeure, if a successful          shall be completed. Section 104 shall be completed by
tenderer has not taken delivery within the time pres­          deletion of the items not applicable and by insertion
cribed of all the skimmed-milk powder awarded to               against the second indent of one of the endorsements
him, the contract shall be cancelled in respect of that        specified in Article 15 .
quantity still outstanding.
                                                               Section    106 shall indicate the date on which the
                         Article 15                            successful tenderer took delivery of the skimmed-milk
                                                               powder.
The skimmed-milk powder shall be delivered by the
intervention agency in packages marked in letters at           2.    Except in the event of force majeure, the
least 1 cm high as follows :                                   processing security referred to in Article 13 ( 1 ) shall
 Skimmed-milk powder for processing into compound              be released only in respect of those quantities in
animal feedingstuffs (Regulation (EEC) No 3253/75)',           respect of which the proof specified in paragraph 1
'Lait écrémé en poudre destiné à la transformation en          has been furnished .
aliments composés pour animaux (règlement (CEE) n0
3253/75)',                                                     The security shall be released at once .
  Zur Verarbeitung zu Mischfutter bestimmtes Mager­
 milchpulver (Verordnung (EWG) Nr. 3253/75)',
                                                                                       Article 18
  Latte scremato in polvere destinato alla trasforma­
zione in alimenti composti per animali (regolamento
(CEE) n . 3253/75)',                                           In the event of force majeure, the competent authority
                                                               shall take such action as it considers necessary having
  Magere-melkpoeder bestemd voor verwerking tot                regard to the circumstances invoked .
 mengvoeder (Verordening (EEG) nr. 3253/75)',
'Skummetmælkspulver bestemt til forarbejdning til
 foderblandinger (forordning (EØF) nr. 3253/75)',                                      Article 19
                         Article 16                            Member States shall inform the Commission by the
 From the time of its removal from store until the             Tuesday of each week of the quantities of skimmed­
 processing referred to in Article 5 ( 1 ), the skimmed­       milk powder released from storage pursuant to this
 milk powder shall be placed and remain under                  Regulation during the preceding week.
 customs control or under an administrative control
 offering equivalent safeguards.                                                       Article 20
                         Article 17
                                                               This Regulation shall enter into force on the third day
 1 . Proof that the skimmed-milk powder has been               following its publication in the Official Journal of
 processed as prescribed shall be furnished as follows :        the European Communities.
                This Regulation shall be binding in its entirety and d'rectly applicable in all Member
                States .
                Done at Brussels, 12 December 1975 .
                                                                          For the Commission
                                                                            P.J. LARDINOIS
                                                                     Member of the Commission