CELEX: 31975R3354
Language: en
Date: 1975-12-23 00:00:00
Title: Regulation (EEC) No 3354/75 of the Commission of 23 December 1975 on the sale by invitation to tender of skimmed-milk powder at a reduced price for processing into compound feedingstuffs for pigs or poultry

24. 12 . 75                              Official Journal of the European Communities                              No L 330/31
                              REGULATION ( EEC) No 3354/75 OF THE COMMISSION
                                                      of 23 December 1975
              on the sale by invitation to tender of skimmed-milk powder at a reduced price
                          for processing into compound feedingstuffs for pigs or poultry
THE COMMISSION OF THE EUROPEAN                                      Whereas provision should be made for the manufac­
COMMUNITIES,                                                        ture of compound feedingstuffs in an undertaking
                                                                    approved by the Member State concerned to avoid any
                                                                    deflection taking place during processing ;
Having regard to the Treaty establishing the European
Economic Community ;
                                                                   Whereas, in the case of processing taking place in a
                                                                    Member State other than the selling Member State,
                                                                    provision should be made, for the purpose of verifying
Having regard to Council Regulation (EEC) No                        use and/or destination, for the use of the control copy
804/68 (') of 27 June 1968 on the common organiza­                  provided for by Commission Regulation (EEC) No
tion of the market in milk and milk products, as last               2315/69 (6) of 19 November 1969 on the use of
amended by Regulation (EEC) No 740/75 (2), and in                   Community transit documents for the purpose of
particular Articles 7 (5) and 28 thereof ;                          applying Community measures for verifying the use
                                                                    and/or destination of goods, as last amended by Regu­
                                                                    lation (EEC) No 690/73 (7) ;
Whereas under Council Regulation (EEC) No
1 285/70 (3) of 29 June 1970 laying down a special
measure for the disposal of skimmed-milk powder                    Whereas the skimmed-milk powder must be sold at a
bought in by intervention agencies, skimmed milk                    relatively low price ; whereas the aid provided for in
held in public storage which cannot be marketed on                 Article 10 of Regulation (EEC) No 804/68 should not
normal terms during a milk year may be sold at a                    be granted in respect of compound feedingstuffs
reduced price if it is intended as feed for pigs or                 produced from skimmed-milk powder sold under this
poultry ; whereas in view of the extent of public stocks            measure ; whereas, therefore, Commission Regulation
and the restricted marketing possibilities, this provi­             (EEC) No 532/75 (8) of 28 February 1975 concerning
sion should be applied ; whereas in order to ensure                 the recovery on exportation of aids granted in respect
equal access to all purchasers a tendering procedure                of skimmed-milk powder for use as feed and in
should be followed ;                                                respect of skimmed-milk processed into compound
                                                                    feedingstuffs should not be applied to any exports or
                                                                    such compound feedingstuffs ;
Whereas a system of supervision should be set up to
ensure that the skimmed-milk powder is not diverted
from its destination ; whereas such supervision should              Whereas with regard to the compensatory amounts
operate from the time of removal from storage until                 fixed pursuant to Council Regulation (EEC) No
processing ; whereas, in addition to the provision of               974/71 (9) of 12 May 1971 on certain measures of
security, accounting supervision during processing of               conjunctural policy to be taken in agriculture
the said products, completed by on-the-spot supervi­                following the temporary widening of the margins of
sion , and the use of distinctive packages will assist in           fluctuation    for the    currencies     of certain Member
achieving this aim ; whereas the definition of                      States, as last amended by Regulation (EEC) No
compound feedingstuffs for pigs or poultry should be                475/75 ( 10), the value of the products should be taken
based in the main on the provisions laid down in                    into account ;
Commission Regulation (EEC) No 1285/69 (4) of 3
July 1969 on provisions for the standing invitation to
tender for skimmed-milk powder intended for
processing into compound feedingstuffs for pigs or                  Whereas the measures provided for in this Regulation
poultry and held by intervention agencies, as last                  are in accordance with the Opinion of the Manage­
amended by Regulation (EEC) No 1479/70 (5) ;                        ment Committee for Milk and Milk Products,
(')  OJ No  L 148 , 28 . 6. 1968 , p. 13 .                          (6) OJ No L 295, 24. 11 . 1969, p. 14.
(2)  OJ No  L 74, 22. 3 . 1975, p. 1 .                              ( 7) OJ No L 66, 13 . 3 . 1973 , p. 23 .
(3)  OJ No  L 144, 2. 7. 1970, p. 1 .                               (8) OJ No L 56, 3 . 3 . 1975, p . 20.
(4)  OJ No  L 162, 4. 7. 1969, p. 22.                               H OJ No L 106, 12. 5. 1971 , p . 1 .
(s ) OJ No  L 163 , 25 . 7 . 1970 , p. 10 .                         ( I0) OJ No L 52, 28 . 2. 1975, p. 28 .
 ---pagebreak--- No L 330/32                             Official Journal of the European Communities                            24. 12. 75
HAS ADOPTED THIS REGULATION :                                                   0-02% patent blue V (E 131 );
                                                                       or
                             Article 1
                                                                       (b) skimmed-milk powder denatured by adding
1 . Skimmed-milk powder bought in pursuant to                               per 100 kg skimmed-milk powder at least
Article 7 ( 1 ) of Regulation (EEC) No 804/68 and taken                either
into storage before 1 June 1973 shall be sold under                    (aa) — 35 kg fish meal still having a strong smell,
the conditions described hereinafter.                                           and
2. The skimmed-milk powder sold pursuant to this                             — 200 g iron carbonate or sulphate iron, and
Regulation shall be incorporated, at the exclusion of                           either
skimmed milk or skimmed-milk powder of other                                 — 1-5 kg activated carbon,
origins, in compound feedingstuffs for pigs or poultry.                         or
3 . Compound feedingstuffs within the meaning of                                 100 g of a mixture containing 4/s of tartra­
this Regulation shall be :                                                       zine yellow (E 102) and Vs of patent blue
                                                                                V (E 131 )
(a) products containing as a percentage of the total
                                                                                 or
    weight :
    either                                                                       20 g cochineal red A (E 124),
                                                                                 or
    (aa) — not less than 2 % but not more than
                10 % of skimmed-milk powder,                                     40 g patent blue V (E 131 ),
          — at least 2 % of fish meal still having a                    or
                strong smell,
                                                                        (bb) — 40 kg fish meal still having a strong
          — at least 30 % of grinded cereals,                                    smell, and
                and
                                                                             — 300 g iron carbonate or iron sulphate,
          — at        least  4 %    cellulose   included  that
                                                                        or
                contained in the grinded cereals
                mentioned in the preceding dash,                        (cc) — 4-5 kg non-deodorized fish oil or fish liver
                                                                                 oil and
    or
                                                                             — 300 g iron carbonate or iron sulphate.
    (bb) — not less than 2 % but not more than
                10 % skimmed-milk powder,                          4. The grinded cereal mentioned in paragraph 3
          — at least 2 % of fish meal still having a               has to contain at least 40 % particles having a size
                                                                   lower than 315 microns .
                strong smell,
          — at least 50 % grinded cereals                          The fish meal mentioned in paragraph 3 has to
                and                                                contain at least 25 % particles of a size lower than 80
                                                                   microns .
          — at        least  2 %    cellulose   included  that
                contained in the grinded cereals                   The iron salts have to contain at least 30 % of
                mentioned in the preceding dash,                   particles of a size lower than 80 microns.
     or
                                                                   The colouring matters have to contain the following
     (cc) — not less than 2 % but not more than                    percentages of the pure product :
                 10 % skimmed-milk powder,
                                                                   at least 30 % for cochineal red A (E 1 24) ; at least
          — at least 50 % of grinded cereals denatur­              25 % for the other colouring matters. Colouring
                ated by adding 400 g non-deodorized fish           matters have to contain at least 30 % of particles
                011 per 100 kg cereals or grinded cereals,         having a size lower than 80 microns.
          — at         least 2 %    cellulose    included  that
                 contained in the grinded cereals                  The acidity of fish oil calculated in oleic acid has to
                 mentioned in the preceding dash, and               be equal to at least 10 % .
                 either
                                                                   The products added to the skimmed-milk powder
          — 0-05 % of a mixture containing 4/s of                   according to paragraph 3 have to be uniformly distri­
                 tartrazine yellow (E 102) and Vs patent            buted ; as regards, in particular, the activated carbon,
                 blue V (E 131 )                                    the iron salts and the colouring matters, two samples
                 or                                                 of 50 g each, taken at random in a lot of 25 kg must
                                                                   give — by chemical determination — the same results
                 0-01 % cochineal red A (E 124)                     within the limits of errors admitted by the used
                 or                                                 analysis method.
 ---pagebreak--- 24. 12. 75                        Official Journal of the European Communities                           No L 330/33
                        Article 2                           The intervention agency the tender is to be trans­
                                                             mitted to shall be that of the Member State on whose
The skimmed-milk powder shall be sold under a                territory the processing specified in Article 5(1 ) shall
tendering procedure.                                        be carried out.
                        Article 3                            In the case of tenders transmitted to an intervention
                                                             agency other than the selling intervention agency, the
 1 . The selling intervention agency shall issue an          agency receiving these tenders :
invitation to tender indicating in particular :
                                                            — shall check that they comply with the provisions
(a) the quantities of skimmed-milk powder for sale ;             of paragraphs 2 to 5 hereafter and shall refuse
(b) the location of the warehouse or warehouses in               tenders not acceptable,
     which these quantities are stored ;                    — shall forward without delay to the Commission ,
(c) the closing date and address for the submission of           after expiry of the time limit specified in Article
     tenders .                                                   3 (3), the list of the tenders acceptable indicating
                                                                 the amounts offered,
2. The invitation to tender shall be published in           — shall transmit to the selling agency, after the
the Official Journal of the European Communities at              Commission has fixed the minimum price, the
least 10 days before the closing date for the submis­            tenders indicating an amount equal or exceeding
sion of tenders .
                                                                 it as well as the corresponding supporting docu­
                                                                  ments specified in paragraph 4 under (a) and (b) in
In addition, each intervention agency may publish it             order to award the contract in accordance with
elsewhere .
                                                                 Article 1 0 (2) (3) and (4).
3 . The first closing date for the submission of
tenders shall be 13 January 1976 at 12 noon .                2.     The tender shall indicate :
4. In respect of quantities not awarded under the            (a) the name and address of the tenderer ;
first invitation to tender, a new closing date may be
fixed for submission of tenders .                            (b) the quantity to which the tender relates ;
                                                            (c) the price offered per metric tons, exclusive of
                        Article 4                                internal   taxes,    ex  warehouse   in   which   the
                                                                 skimmed-milk powder is held, expressed in the
The selling intervention agency shall take the neces­            currency of the Member State in which the invita­
sary measures to enable those concerned, before                  tion to tender is opened ;
tendering, to examine at their own expense samples of
the skimmed-milk powder for sale.                           (d) the warehouse in          which   the   skimmed-milk
                                                                  powder is stored .
                        Article 5
                                                            A tender relating to several warehouses shall be consid­
 1 . A tenderer may not take part in the invitation to      ered to comprise as many tenders as there are ware­
                                                             houses mentioned .
tender unless he gives a written undertaking to have
all the skimmed-milk powder awarded processed into
compound feedingstuffs for pigs or poultry within the        3.     A tender shall not be valid unless it relates to a
meaning of Article 1 (3), before 15 March 1976, in an       quantity of at least 40 metric tons .
undertaking approved by the Member State on whose
territory the processing is carried out.                     However, if the quantity available in a warehouse is
                                                            less than the minimum quantity, the available quan­
2. The approval referred to in paragraph 1 may be           tity shall constitute the minimum quantity for tender.
granted only in respect of an undertaking with
capacity for processing under this Regulation , not less
than 15 metric tons of skimmed-milk powder per day.         4.     A tender shall not be valid unless :
                                                            (a) it is accompanied by the written undertaking
                        Article 6                                referred to in Article 5 with the name of the under­
                                                                 taking in which processing is to take place ;
1 . Tenders which shall be in writing, shall be trans­
mitted to the intervention agency either by hand            (b) the tenderer includes a declaration to the effect
against acknowledgement of receipt or by registered              that he agrees to forego any claim as to the quality
letter addressed to the intervention agency. Interven­           and characteristics of any skimmed-milk powder
tion agencies may authorize the use of telex .                   sold to him ;
 ---pagebreak--- No L 330/34                          Official Journal of the European Communities                              24. 12. 75
(c) proof is furnished that, before expiry of the period                               Article 10
     set for the submission of tenders, the tenderer has
     given the tendering security referred to in Article        1 . A tender shall be rejected if the price offered is
     7.                                                         lower than the minimum price fixed.
5. A tender may stipulate that it is not to be                  2. Without prejudice to paragraph 1 , the contract
regarded as having been submitted unless the contract           shall be awarded to the tenderer offering the highest
is awarded in respect of the entire quantity indicated          price.
in the tender.
                                                                If the quantity available in the warehouse in question
 6.     The tender may not be withdrawn .                       is not exhausted by this award, the contract for the
                                                                remaining quantity shall be awarded to the other
                                                                tenderers according to the price offered, starting with
                         Article 7
                                                                the highest price .
                                                                3 . Where acceptance of a tender would lead to a
 1 . The tendering security shall be furnished to the           contract being awarded for more skimmed-milk
 intervention agency the tender is transmitted to. It           powder than is available at the warehouse in question,
 shall be 10 units of account per metric ton .                  the    contract shall  be    awarded     to  the  tenderer
                                                                concerned only in respect of the quantity available.
 2. It shall take the form, according to the prefer­
 ence of the Member State, either of a cheque made              4. Where acceptance of several tenders offering the
 out to the intervention agency, or of a guarantee satis­       same price would lead to contracts being awarded in
 fying criteria laid down by the Member State                   excess of the quantity still available, the award shall be
 concerned .                                                    made by drawing lots.
 3. Except in the event of force majeure, the
 tendering security shall be released only for the quan­                               Article 11
 tity ;
                                                                Rights and obligations arising in connection with the
 (a) in respect of which the tenderer :                         invitation to tender shall not be transferable .
      — has not withdrawn the tender before the award
          of the contract,
                                                                                       Article 12
          and
      — has, within the time prescribed, paid the                1.    Every tenderer shall immediately be notified by
          amount corresponding to the tender and given          the intervention agency of the result of his tender.
          the processing security provided for in Article
          13 ,                                                  Should it so happen, the selling intervention agency
      or
                                                                communicates this result simultaneously to the inter­
                                                                vention agency the tender was transmitted to.
 (b) in respect of which the tender has not been
      accepted .                                                 2. The successful tenderer, before taking delivery in
                                                                 accordance with Article 14(2), shall pay the interven­
                                                                 tion agency an amount corresponding to his tender
                           Article 8                             for the quantity of which he intends to take delivery.
                                                                 Should it so happen, the selling intervention agency
  In the light of the tenders received in accordance with        receiving the payment, shall confirm it forthwith to
 the procedure laid down in Article 30 of Regulation             the intervention agency the tender was transmitted to
 (EEC) No 804/68 , a minimum selling price shall be              and shall specify the amount and the quantities in
 fixed or a decision may be taken to make no award .
                                                                 question .
                           Article 9                                                   Article 13
 At the same time as the minimum selling price is                1 . Before taking delivery of each quantity of skim­
  fixed and under the same procedure, the processing             med-milk powder, the successful tenderer shall in
 security required under Article 13 shall be fixed per           accordance with Article 7 (2) give the processing secu­
  100 kg by reference to the difference between the              rity fixed according to Article 9 to the competent
  market price of skimmed-milk powder and the                    authority of the Member State on whose territory the
  minimum price fixed .                                          processing referred to in Article 5(1 ) takes place.
 ---pagebreak--- 24. 12. 75                           Official Journal of the European Communities                          No L 330/35
2. In cases where the security is provided in a                'Skummetmælkspulver bestemt til forarbejdning til
Member State other than the selling Member State,               foderblandinger til svin og fjerkræ (forordning (EØF)
the competent authority which receives the security             nr. 3354/75)'.
shall forward without delay to the selling intervention
agency an attestation as to the amount of the security
provided, the quantities of skimmed-milk powder                                         Article 16
involved and confirming approval of the undertaking
in which the processing referred to in Article 5 ( 1 ) is       1.     From the time of its removal from store until the
to be carried out.                                              processing referred to in Article 5 ( 1 ), the skimmed­
                                                                milk powder shall be subject to customs or equivalent
                                                                administrative control .
                          Article 14
                                                                2. The competent authority of the Member State on
1 . When the payment provided for in Article 12 (2)             whose territory the processing into compound feeding­
has been made and the processing security has been              stuffs takes place shall exercise physical supervision of
given and, in the case provided for in Article 13 (2),          this operation by completing the accounting supervi­
after receipt of the attestation specified in that para­        sion by on-the-spot supervision which could be
graph, the intervention agency shall issue a removal            carried out by means of unexpected inspections.
permit showing :
(a) the quantity in respect of which these conditions           The additional costs resulting from such supervision
       have been fulfilled ;                                    shall be borne by the successful tenderer. They shall
                                                                be fixed at a standard rate of 2 units of account per
(b) the warehouse in which that quantity is stored ;            metric ton of skimmed-milk powder and may not be
                                                                less than 30 units of account per day of supervision .
(c) the time limit for taking delivery of the skimmed­
       milk powder.
                                                                                        Article 17
2. The successful tenderer shall take delivery of the
skimmed-milk powder awarded to him within 45 days               1 . Proof of the prescribed use of the skimmed-milk
of receiving the notification provided for in Article 12        powder shall be furnished as follows :
( 1 ). Delivery of the skimmed-milk powder may be
taken in stages, a minimum quantity of 10 metric tons           (a) if processing into compound feedingstuffs takes
being taken at each stage.                                          place on the territory of the Member State of sale :
                                                                    by a corresponding attestation issued by the body
Except in the event of force majeure, if the successful              responsible for the supervision laid down in
tenderer has not taken delivery of the skimmed-milk                 Article 16 (2) ;
powder within the time prescribed, the sale shall be
cancelled in respect of the quantities remaining.               (b) if processing into compound feedingstuffs takes
                                                                    place on the territory of a Member State other
                                                                    than the Member State of sale : by the production
                          Article 15                                of the control copy specified in Article 1 of Regula­
                                                                     tion (EEC) No 2315/69.
The skimmed-milk powder shall be delivered by the
intervention agency in packages marked in letters at            Box Nos 101 , 103 and 104 on the control copy shall
least 1 cm high as follows :                                    be completed . Box No 104 shall be completed by dele­
                                                                tion of what does not apply and insertion under the
' Lait écrémé en poudre destiné à la transformation en          second indent of one of the statements listed in
aliments composés pour porcs ou volaille (règlement             Article 15 .
(CEE) n° 3354/75)',
  Zur Verarbeitung zu Mischfutter für Schweine oder             2. Except in the event of force majeure, the
Geflügel bestimmtes Magermilchpulver (Verordnung                processing security referred to in Article 13 ( 1 ) shall
(EWG) Nr. 3354/75)',                                            be released only for quantities in respect of which the
  Latte scremato in polvere destinato alla trasforma­           proof specified in paragraph 1 has been furnished .
zione in alimenti composti per suini e pollame (regola­
mento (CEE) n . 3354/75)',                                      The security shall be released at once.
 Magere-melkpoeder bestemd voor verwerking tot
mengvoeder voor varkens en pluimvee (Verordening                                        Article 18
(EEG) nr. 3354/75)',
  Skimmed-milk powder for processing into compound              In the event of force majeure, the competent authority
feedingstuffs for pigs and poultry (Regulation (EEC)            shall determine the measures necessary in view of the
No 3354/75)',                                                   circumstances invoked .
 ---pagebreak--- No L 330/36                       Official Journal of the European Communities                            24. 12. 75
                      Article 19                             price and the market price of the skimmed-milk
                                                             powder.
Member States shall     inform the Commission, by
Tuesday of each week,   of the quantities of skimmed­       2. The aid provided for in Article 10 of Regulation
milk powder released    from storage pursuant to this       (EEC) No 804/68 shall not be granted for skimmed­
Regulation during the   preceding week.                      milk powder incorporated in the compound feeding­
                                                             stuffs produced pursuant to this Regulation .
                      Article 20
                                                             3 . Regulation (EEC) No 532/75 shall not apply to
1 . In respect of skimmed-milk powder sold under             the compound feedingstuffs specified in paragraph 2.
this Regulation, the compensatory amounts fixed
pursuant to Regulation (EEC) No 974/71 shall be                                     Article 21
multiplied by a coefficient to be determined in accor­
dance with the procedure laid down in Article 8 and         This Regulation shall enter into force on the third day
at the same time as the minimum selling price,               following its publication if the Official Journal of the
account being . taken of the difference between that         European Communities.
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
             Done at Brussels, 23 December 1975 .
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                   Member of the Commission