CELEX: 31975R3178
Language: en
Date: 1975-12-04 00:00:00
Title: Regulation (EEC) No 3178/75 of the Commission of 4 December 1975 on the sale by tender of skimmed-milk powder at a reduced price for export in the form of compound feedingstuffs

5. 12. 75                               Official Journal of the European Communities                               No L 315/ 15
                            REGULATION (EEC) No 3178/75 OF THE COMMISSION
                                                     of 4 December 1975
              on the sale by tender of skimmed-milk powder at a reduced price for export in
                                            the form of compound feedingstuffs
THE COMMISSION OF THE EUROPEAN                                    verifying that the powder is in fact processed and
COMMUNITIES,                                                       exported, for the use of the control copy provided for
                                                                  by Commission Regulation (EEC) No 23 1 5/69 (4) of
                                                                   19 November 1969 on the use of Community transit
Having regard to the Treaty establishing the European             documents for the purpose of applying Community
Economic Community ;                                               measures for verifying the use and/or destination of
                                                                  goods, as last amended by Regulation (EEC) No
Having regard to Council Regulation (EEC) No                       690/73 (5) ;
804/68 (j) of 27 June 1968 on the common organiza­
tion of the market in milk and milk products, as last             Whereas, in order to facilitate control, the aid
amended by Regulation (EEC) No 740/75 (2), and in                  provided for in Article 10 of Regulation (EEC) No
particular Articles 7 (5) and 28 thereof ;                         804/68 should not be granted in the case of
                                                                   compound feedingstuffs manufactured from skimmed­
                                                                   milk powder sold under this measure, and whereas
Whereas, under Council Regulation (EEC) No                         Commission Regulation (EEC) No 532/75 (6) of 28
2808/75 (3) of 29 October 1975 laying down special                 February 1975 concerning the recovery on exportation
measures for the disposal, with a view to its incorpora­           of aids granted in respect of skimmed-milk powder
tion in compound feedingstuffs, of skimmed-milk                    for use as feed and in respect of skimmed milk
powder held in public storage, skimmed-milk powder                 processed into compound feedingstuffs should there­
held by intervention agencies and put into storage                 fore not be applied to exports of these compound
before 1 April 1974 may be sold at a reduced price ;               feedingstuffs ;
whereas approximately 50 % of the quantity in ques­
tion is to be sold for export in the form of compound              Whereas, for purposes of the compensatory amounts
feedingstuffs ; whereas in view of the magnitude of                fixed pursuant to Council Regulation (EEC) No
public stocks this provision should be applied ;                   974/71 (7) of 12 May 1971 on certain measures of
whereas, in order to ensure equal access to all expor­             conjunctural policy to be taken in agriculture
ters, the skimmed-milk powder should be sold by                    following the temporary widening of the margins of
tender ;                                                           fluctuation    for   the    currencies    of certain Member
                                                                   States, as last amended by Regulation (EEC) No
Whereas a system of supervision should be set up to                475/75 (8), the value of the products concerned should
ensure that the skimmed-milk powder is not diverted                be taken into account ;
from its destination ; whereas such supervision should
operate from the time of removal from storage until                Whereas the measures provided for in this Regulation
export of the product in the form of compound                      are in accordance with the Opinion of the Manage­
feedingstuffs ; whereas, moreover, the provision of                ment Committee for Milk and Milk Products,
security, on-the-spot supervision during processing of
the said products and the use of distinctive packaging
will assist in achieving this aim ;
                                                                   HAS ADOPTED THIS REGULATION :
Whereas, in order to ensure that the skimmed-milk
powder is not diverted from its destination during
processing, provision should be made for the                                                    Article 1
compound feedingstuffs to be manufactured in an
undertaking approved by the Member State                            1 . There shall be put for sale, on the terms here­
concerned ;                                                        inafter set out, skimmed-milk powder bought in
                                                                   pursuant to Article 7 ( 1 ) of Regulation (EEC) No
                                                                   804/68 and taken into storage after 31 May and before
Whereas, where processing and/or exportation take                   1 October 1973 .
place in a Member State other than the Member State
of sale, provision should be made, for the purpose of              (4) OJ No    L 295, 24. 11 . 1969, p. 14.
                                                                   (5) OJ No    L 66, 13 . 3 . 1973, p. 23 .
(') OJ No L 148 , 28 . 6 . 1968 , p . 13 .                         (') OJ No    L 56, 3 . 3 . 1975, p. 20 .
(2) OJ No L 74, 22 . 3 . 1975 , p . 1 .                            (7) OJ No    L 106, 12. 5 . 1971 , p. 1 .
(J) OJ No L 280, 31 . 10 . 1975, p . 2.                            (8) OJ No    L 52, 28 . 2. 1975, p. 28 .
 ---pagebreak--- No L 315/ 16                         Official Journal of the European Communities                                5. 12. 75
2. The skimmed-milk powder in question shall be                (a) to have all the skimmed-milk powder awarded to
exported in the form of compound feedingstuffs.                      him processed into compound feedingstuffs as
                                                                     defined in Article 1 (3) in an undertaking
3. For the purpose of this Regulation, 'compound                     approved by the Member State in whose territory
feedingstuffs' means products containing at least :                   the processing is carried out ;
— 50 % skimmed-milk powder sold pursuant to this                (b) to export to a non-member country within two
     Regulation,                                                      months from the day on which he takes delivery
                                                                      in accordance with Article 14 (2) the entire quan­
— 2-5 % lucerne meal or grass meal containing at                      tity of compound feedingstuffs thus produced.
     least 70 % particles not exceeding 0-3 mm,
— 2 % starch as such or in the form of meal .
                                                                Approval for the purposes of (a) may be granted only
                                                                in respect of undertakings capable of processing at
No skimmed milk or skimmed-milk powder other                    least 1 5 metric tons of skimmed-milk powder per day.
than as above may be used in the manufacture of such
products.
                                                                                            Article 6
                          Article 2
                                                                 1 . Tenders, which shall be in writing, shall be sent
The skimmed-milk powder shall be sold by tender, to              to the intervention agency either by hand against
be arranged by each intervention agency for the rele­            acknowledgement of receipt or by registered letter
vant quantities held by it.                                      addressed to the intervention agency. Intervention
                                                                 agencies may also authorize the use of telex.
                          Article 3
                                                                 2.       Every tenderer shall indicate :
 1 . The intervention agency shall issue an invitation
to tender indicating in particular :                             (a) the name and address of the tenderer ;
                                                                 (b) the quantity to which the tender relates ;
(a) the quantities of skimmed-milk powder for sale
      pursuant to this Regulation ;                              (c) the price offered per metric ton, exclusive of
(b) the location of the depot or depots in which these                 internal taxes, ex storage depot, expressed in the
     quantities are stored ;                                           currency of the Member State in which the invita­
                                                                       tion to tender is held ;
 (c) the closing date and address for the submission of
      tenders.                                                   (d) the depot in which the skimmed-milk powder is
                                                                       stored.
 2.     The    notice of invitation   to tender shall be
 published in the Official Journal of the European               A tender relating to two or more storage depots shall
  Communities at least 20 days before the closing date           be regarded as comprising a number of separate
 for    the  submission    of  tenders.  The    intervention      tenders equal to the number of depots mentioned.
 agency may also publish such notice elsewhere.
                                                                  3.      A tender shall not be valid unless it relates to a
 3 . The first closing date for the submission of                 quantity of at least 300 metric tons.
 tenders shall be 6 January 1976 at 12 noon.
 4. As regards the quantities not awarded on the first            However, if the quantity available in a storage depot is
  invitation to tender, a new closing date for the submis­        less than the above quantity, the quantity available
  sion of tenders shall be fixed subsequently.                    shall constitute the minimum quantity for tender.
                                                                  4. A tender shall not be valid unless accompanied
                          Article 4                               by :
 The intervention agency shall take the necessary                 (a) the written undertaking referred to in Article 5
  measures to enable prospective tenderers to examine                   specifying the undertaking in which processing is
  at their own expense, before submitting a tender,                     to be carried out ;
  samples of the skimmed-milk powder for sale.                    (b) a declaration whereby the tenderer agrees to forego
                                                                        any claim as to the quality and characteristics of
                           Article 5                                    any skimmed-milk powder sold to him ;
                                                                  (c) proof that before expiry of the period set for the
  A tenderer may not take part in the invitation to                     submission of tenders, the tenderer has lodged the
  tender unless he gives a written undertaking :                        security for tender referred to in Article 7.
 ---pagebreak--- 5 . 12. 75                          Official Journal of the European Communities                        No L 315/ 17
5. A tender may stipulate that it is not to be                If the quantity available in the storage depot in ques­
regarded as having been submitted unless a contract is        tion is not exhausted by this award, contracts shall be
awarded in respect of the entire quantity indicated in        awarded to other tenderers in descending order of
the tender.                                                   tender until the quantity outstanding has been
                                                              accounted for.
A tender may stipulate that it is not to be regarded as
having been submitted unless a contract is awarded in         3. Where acceptance of a tender would result in a
respect of a specific quantity indicated in the tender.       contract being awarded for more skimmed-milk
                                                              powder than is available at the storage depot in ques­
6.     No tender may be withdrawn.                            tion, then a contract shall be awarded to the tenderer
                                                              concerned only in respect of the quantity available.
                         Article 7
                                                              4. Where acceptance of two or more tenders
1 . The security for tender shall be 10 units of              offering the same price would result in contracts
account per metric ton .                                      being awarded in excess of the quantity still available,
                                                              the award shall be made by drawing lots.
2. It shall take the form, at the option of the
Member State concerned, either of a cheque made out
                                                                                      Article 11
in favour of the intervention agency, or of a guarantee
satisfying criteria laid down by that Member State.
                                                               Rights and obligations arising in connection with the
3 . Except in the event of force majeure, the security         invitation to tender shall not be transferable .
for tender shall be released only in respect of that
quantity :                                                                            Article 12
(a) in respect of which the tenderer :
     — has not withdrawn his tender before the award
                                                               1 . Every tenderer shall immediately be notified by
        of contracts and
                                                               the intervention agency of the result of his tender.
     — has, within the time prescribed, paid the               2. Every successful tenderer shall, before taking
        amount corresponding to his tender and                 delivery of any quantity in accordance with Article 14
        lodged the processing and export security              (2), pay to the intervention agency an amount corres­
        provided for in Article 13 ;                           ponding to his tender in respect of that quantity.
     or
(b) in respect of which the tender has been refused.                                  Article 13
                         Article 8                             1 . Before taking delivery of any quantity of
                                                               skimmed-milk powder the competent authority shall
In the light of the tenders received and in accordance         in accordance with Article 7 (2) lodge with the inter­
with the procedure laid down in Article 30 of Regula­          vention agency of the Member State in whose territory
tion (EEC) No 804/68 , a minimum selling price shall           the processing referred to in Article 5 (a) takes place
be fixed, or alternatively a decision shall be taken to        the processing and export security fixed in accordance
make no award .                                                with Article 9 .
                                                               2. Where the security is lodged in a Member State
                         Article 9                             other than that of sale, the competent authority which
                                                               receives the security shall forward without delay to the
At the same time as the minimum selling price is               intervention agency of the Member State of sale a
fixed and under the same procedure, the processing             declaration stating the amount of the security
and export security required under Article 13 shall be         provided and the quantities of skimmed-milk powder
fixed per 100 kg by reference to the difference                involved and confirming approval of the undertaking
between the market price of skimmed-milk powder                in which the processing referred to in Article 5 (a) is
and the minimum price fixed.                                   to be carried out.                         N
                         Article 10                                                   Article 14
 1 . A tender shall be refused if the price offered is          1 . When payment has been made in accordance
lower than the minimum price fixed .                           with Article 12 (2) and the security required under
                                                               Article 13 has been lodged and, in the case specified
 2. Subject as provided in paragraph 1 , the contract          in Article 13 (2), after receipt of the declaration
shall be awarded to the tenderer offering the highest          referred to in that paragraph, the intervention agency
price.                                                         shall issue a removal voucher showing :
 ---pagebreak--- No L 315/ 18                         Official Journal of the European Communities                               5 . 12 . 75
(a) the quantity in jrespect of which these conditions         (a) if the processing into compound feedingstuffs and
      have been fulfilled ;                                        the dispatch of the goods from the geographical
(b) the depot in which that quantity is stored ;                   territory of the Community both take place in the
(c) the final date for taking delivery of the skimmed­             Member State of sale : by documents showing that
                                                                   these conditions have been fulfilled ;
      milk powder concerned.
                                                               (b) if processing of the skimmed-milk powder and/or
2. Every successful tenderer shall take delivery of                dispatch from the geographical territory of the
the skimmed-milk powder awarded to him within 30                    Community of the compound feedingstuffs take
days of receiving the notification provided for in                  place in a Member State other than the Member
Article 12 ( 1 ). He may take delivery in instalments of            State of sale : by the production of the control
not less than 10 metric tons each.
                                                                    copy specified in Article 1 of Regulation (EEC) No
                                                                    2315/69 .
Except in the event of force majeure, if a successful
tenderer has not taken delivery within the time pres­
cribed of all the skimmed-milk powder awarded to                    Sections 101 , 103 , 104 and 106 on the control
him, the contract shall be cancelled in respect of that             copy shall be completed.
quantity still outstanding.                                         (aa) If the skimmed-milk powder is to be
                                                                          processed in a Member State other than the
                          Article 15                                     Member State of sale, Section 104 shall be
The skimmed-milk powder shall be delivered by the                        completed by deletion of the items not appli­
 intervention agency in packages marked in letters at                    cable and by insertion against the second
 least 1 cm high as follows :                                             indent of one of the following endorsements :
'Skimmed-milk powder for export in the form of                           'Skimmed-milk powder :
 compound feedingstuffs (Regulation (EEC) No
 3178/75)',                                                               (i) to be processed into compound feeding­
                                                                                stuffs as defined in Regulation (EEC) No
'Lait écrémé en poudre destiné à 1 exportation sous                             3178 /75,
 forme d'aliments composés pour animaux (règlement
 (CEE) n» 3178/75)',                                                      (ii) and then to be exported' ;
 'Zur Ausfuhr als Mischfutter bestimmtes Magermilch­                      'Lait écréme en poudre destiné :
 pulver (Verordnung (EWG) Nr. 3178/75)',
 'Latte scremato in polvere destinato all esportazione                    (i) à être transformé en aliments composés au
 sotto forma di alimenti composti per animali (regola­                         sens du règlement (CEE) n0 3178 /75,
 mento (CEE) n. 3178/75)',                                                (ii) puis à être exporté' ;
 'Magere-melkpoeder bestemd voor uitvoer in de vorm
 van mengvoeder (Verordening (EEG) nr. 3178/75)',                           Magermilchpulver bestimmt :
 'Skummetmælkspulver bestemt til eksport i form af                        (i) zur Verarbeitung zu Mischfutter, gemäß
 foderblandinger (forordning (EØF) nr. 3178/75)'.                              Verordnung (EWG) Nr. 3178/75,
                                                                          (ii) alsdann zur Ausfuhr' ;
                          Article 16
  1.    From the time of its removal from store until its
                                                                            Latte scremato in polvere destinato :
 export, the skimmed-milk powder and the compound                         (i) ad essere trasformato in alimenti composti
 feedingstuffs in which it is incorporated shall be                            ai sensi del regolamento (CEE) n . 3178 /75,
 placed and remain under customs or equivalent admi­                      (ii) ad essere esportato' ;
 nistrative control .
  2. The competent authority of the Member State on                         Magere-melkpoeder bestemd :
 whose territory the processing into compound feeding­                    (i) om te worden verwerkt tot mengvoeder in
 stuffs takes place shall exercise physical supervision of                     de zin van Verordening (EEG) nr. 3178 /75,
  this operation .
                                                                          (ii) om nadien te worden uitgevoerd' ;
 The extra costs involved by such supervision shall be
  borne by the successful tenderer. They shall be calcu­                   'Skummetmaelkspulver bestemt til :
  lated at a flat rate of two units of account per metric                  (i) fremstilling af foderblandinger i henhold
  ton of skimmed-milk powder, subject to a minimum                             til forordning (EØF) nr. 3178 /75,
  of 50 units of account per day of supervision .
                                                                           (ii) herefter til eksport'.
                          Article 17
                                                                           Section 106 shall indicate the date on which
  1.    Proof of processing and export shall be furnished                  the successful tenderer took delivery of the
  as follows :                                                             skimmed-milk powder.
 ---pagebreak--- 5. 12. 75                            Official Journal of the European Communities                            No L 315/ 19
         Where verification of exportation as specified                    Section 106 shall indicate :
         in (ii) is carried out in a Member State other                    — the date on which the successful tenderer
         than the State in which processing as referred
                                                                               took delivery of the skimmed-milk
         to in (i) was carried out, the customs office
         which verified the said processing shall return                       powder,
         the control copy to the customs office of                         — the weight of skimmed-milk powder used
         departure, indicating that it has verified only                       to produce the quantity of compound
         such processing, and shall issue to the person                        feedingstuffs indicated in Section 103 .
         concerned, in respect of the compound
         feedingstuffs produced, one or more control                       The customs office which verified exportation
         copies as referred to in Article 1 of Regula­                     shall endorse the control copy and return it
         tion (EEC) No 2315/69 in which Sections                           to the customs office of departure in the
                                                                           Member State of sale .
         101 , 103, 104 and 106 shall be completed.
         Section 104 shall contain one of the endorse­          2. Except in the event of force majeure, the
                                                                processing and export security referred to in Article
         ments set out in (bb) hereunder ;
                                                                13 ( 1 ) shall be released only in respect of those quanti­
         Section 106 shall indicate :                           ties in respect of which the proof specified in para­
                                                               graph 1 has been furnished .
         — the number of the control copy issued by
               the customs office of departure and the         The security shall be released at once.
               name of that office ,
         — the date on which the successful tenderer                                      Article 18
               took delivery of the skimmed-milk
               powder,                                          In the event of force majeure, the intervention agency
         — the weight of the skimmed-milk powder                shall take such action as it considers necessary having
               used to produce the quantity of                  regard to the circumstances invoked.
               compound feedingstuffs indicated in
               Section 103 .                                                              Article 19
         The customs office which has verified that             Member States shall          inform the Commission by
         exportation as specified in (ii) has taken place       Tuesday of each week        of the quantities of skimmed­
         shall endorse the control copy from the office         milk powder released        from storage pursuant to this
         which verified processing and shall return             Regulation during the       preceding week.
         this copy via the said office to the customs
         office of departure in the Member State of
         sale .                                                                           Article 20
                                                                 1.     In respect of skimmed-milk powder sold under
    (bb) If the skimmed-milk powder is processed                this Regulation , the compensatory amounts fixed
          into compound feedingstuffs in the Member
                                                                pursuant to Regulation (EEC) No 974/71 shall be
         State of sale and is to be dispatched from the
                                                                multiplied by a coefficient to be determined under
         geographical territory of the Community via            the procedure referred to in Article 8 at the same time
         another Member State, Section 104 shall be
                                                                as the minimum selling price by reference to the
         completed by deletion of the items inappli­            difference between that price and the market price of
          cable and by insertion against the second             skimmed-milk powder.
          indent of one of the following endorsements :
         ' Compound feedingstuffs for export pursuant           2. The aid provided for in Article 10 of Regulation
          to Regulation (EEC) No 3178/75',                      (EEC) No 804/68 shall not be granted for in respect of
                                                                skimmed-milk powder incorporated in compound
          'Aliments composés destinés a être exportés            feedingstuffs manufactured pursuant to this Regula­
          au titre du règlement (CEE) n0 3178/75',               tion .
          'Zur Ausfuhr bestimmtes Mischfutter gemäß
          Verordnung ( EWG) Nr. 3178 /75',                       3.     Regulation (EEC) No 532/75 shall not apply to
                                                                 the compound feedingstuffs referred to in para­
          ' Alimenti composti destinati ad essere espor­        graph 2 .
          tati a titolo del regolamento (CEE) n .
          3178 /75',
                                                                                          Article 21
            Mengvoeder bestemd voor uitvoer volgens
          Verordening (EEG) nr. 3178 /75',                      This Regulation shall enter into force on the day
          ' Foderblandinger    bestemt     til  eksport   i      following its publication in the Official Journal of
          henhold til forordning (EØF) nr. 3178 /75'.            the ' European Communities.
 ---pagebreak--- No L 315/20                  Official Journal of the European Communities                        5. 12. 75
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 4 December 1975.
                                                                 For the Commission
                                                                   P. J. LARDINOIS
                                                             Member of the Commission