CELEX: 31975R2247
Language: en
Date: 1975-08-29 00:00:00
Title: Regulation (EEC) No 2247/75 of the Commission of 29 August 1975 on the terms of invitations to tender for the costs of manufacture and delivery of butteroil as food aid to certain developing countries and to the World Food Programme

No L 229 / 60                          Official Journal of the European Communities                              30 . 8 . 75
                            REGULATION ( EEC) No 2247/75 OF THE COMMISSION
                                                     of 29 August 1975
              on the terms of invitations to tender for the costs of manufacture and delivery
              of butteroil as food aid to certain developing countries and to the World Food
                                                         Programme
THE COMMISSION OF THE EUROPEAN                                    provided for in Article 5 of Regulation (EEC) No
COMMUNITIES,                                                      1541 /75 shall be organized in accordance with the
                                                                  detailed rules laid down in this Regulation .
Having regard to the Treaty establishing the European
Economic Community ;
                                                                                          Article 2
Having regard to Council Regulation (EEC) No
804/ 68 (') of 27 June 1968 on the common organiza­
                                                                  1 . The intervention agency concerned shall give
tion of the market in milk and milk products, as last
                                                                  notice of an invitation to tender, indicating in parti­
amended by Regulation ( EEC) No 740/75 (2 ), and in               cular :
particular Articles 6 (7) and 28 thereof ;
                                                                  — the location of the coldstore or stores where the
Whereas Council Regulation (EEC) No 1 542/75 (3) of                   butter for the manufacture of the butteroil is held,
 16 June 1975 on the supply of milk fats as food aid to
certain developing countries and to certain interna­              — the quantity of butteroil to be delivered,
tional organizations under the 1975 food-aid                      — the destination and means of delivery,
programme provides inter alia that 17 850 metric
tons of butteroil processed from butter held by the               — the insurance arrangements for the goods to be
intervention agencies are to be made available to                     transported,
certain developing countries and 16 000 metric tons               — the closing date and address for the submission of
to the World Food Programme , hereinafter called 'the                 tenders ,
WFP' ;
                                                                  — the date on which delivery is to take place .
Whereas under Article 5 of Council Regulation ( EEC)
No 1541 /75 (4 ) of 16 June 1975 laying down general              2.     The    notice of invitation  to  tender   shall  be
rules for the supply of milk fats as food aid to certain          published in the Official Journal of the European
developing countries and to certain international                 Communities at least 10 days before the closing date
organizations under the 1975 food-aid programme,                  for   the  submission   of   tenders . The   intervention
the costs of processing, packaging and transport in               agency may also publish such notice elsewhere.
respect of each supply are in principle to be put out
to tender ;                                                       3 . The intervention agency shall take the measures
                                                                  necessary to enable prospective tenders to examine at
Whereas the detailed rules to be adopted for such                 their own expense, before submitting a tender,
tenders should in the main be those used hitherto in              samples of the butter.
similar cases ;
Whereas the measures provided for in this Regulation                                      Article 3
are in accordance with the Opinion of the Manage­
ment Committee for Milk and Milk Products ,
                                                                  The invitation to tender shall be open only to
                                                                  processing undertakings approved for this purpose by
                                                                  the Member State on whose territory the processing is
HAS ADOPTED THIS REGULATION :                                     to take place . Only those undertakings capable of
                                                                  meeting the obligations provided for in this Regula­
                                                                  tion may be approved .
                           Article 1
Where it is decided to supply butteroil to developing                                     Article 4
countries and to the WFP in accordance with Regula­
tion ( EEC) No 1542/75, invitations to tender as
                                                                  1 . Tenders shall be submitted in writing and either
                                                                  delivered to the intervention agency against acknow­
(') OJ No L 148 , 28 . 6 . 1968 , p. 13
(-') OJ No L 74, 22. 3 . 1 975 , p. I.                            ledgement of receipt or sent by registered letter to the
(') OJ No L 157, 19 . 6 . 1975, p. 6 .                            intervention agency. The intervention agency may
(■») O'j No L 157, 19. 6. 1975, p. 4.                             also authorize the use of telex .
 ---pagebreak--- 30 . 8 . 75                          Official Journal of the European Communities                           No L 229 / 61
2.      Where the invitation to tender is in respect of         take delivery at the coldstore indicated in his tender
several lots no tender may relate to more than one lot.         of the butter required for processing into butteroil .
3.      The tender shall indicate :                             2.      On leaving the coldstore the butter shall be
                                                                placed under customs control or under an administra­
(a) the name and address of the tenderer ;                      tive control offering equivalent safeguards.
(b) the coldstore or stores from which the tenderer
      wishes to take delivery of the butter, chosen from        3.       Butteroil delivered for the supply in question
      the list of such stores in the notice of invitation to    must be manufactured exclusively from the butter
      tender ;                                                  delivered for this purpose to the successful tenderer by
                                                                the intervention agency.
(c) the port of loading chosen from among Commu­
      nity ports ;
                                                                                          Article 7
(d) the price, exclusive of taxes, at which the tenderer
      undertakes to make the supply in question ,
                                                                In the light of the tenders received and in accordance
      expressed in the currency of the Member State in
                                                               with the procedure laid down in Article 30 of Regula­
      which the invitation to tender is held ; such price
                                                                tion ( EEC) No 804/ 68 , a maximum amount, expressed
      shall include the purchase price of the butter in         in units of account, shall be fixed , or a decision shall
      accordance with the terms laid down in Articles 9
                                                                be taken to make no award .
      and 13 , the costs of processing, packing and trans­
      porting the butteroil and the insurance costs for
      the transport of the butter and the butteroil up to                                 Article 8
      the prescribed point of delivery.
                                                                1.      A tender shall be refused if the price proposed,
4.      A tender shall be valid only if it relates to an        when converted into units of account, is greater than
entire lot put up for tender.                                   the maximum price fixed for the lot in question .
5.      A tender shall be valid only if it is accompanied       2.      Without prejudice to the provisions of paragraph
by :                                                             1 , the successful tenderer shall be the one whose offer
                                                                quotes the lowest price converted into units of
(a) a document certifying the approval referred to in           account. Where two or more valid offers specify the
      Article 3 ;
                                                                same price expressed in units of account, the award
(b) an undertaking from the tenderer that he will               shall be made by drawing lots .
      abide by the conditions laid down in Articles 6 (3)
      and 10 ;
                                                                3.      Each tenderer shall be notified immediately by
                                                                the intervention agency of the result of his participa­
(c) a declaration whereby the tenderer agrees to forgo          tion in the invitation to tender.
      any claim as to the quality or characteristics of any
      butter sold to him ;                                      4.      Rights and obligations arising from the award
                                                                shall not be transferable .
(d) proof that the security for tender referred to in
      Article 5 has been given before the expiry of the
      period for the submission of tenders .                                              Article 9
6.      No tender may be withdrawn .                             1.     Purchase price of the butter shall be 210 units of
                                                                account per 100 kilogrammes ex coldstore .
                           Article 5
                                                                2.      Subject to the provisions of Article 13 the
                                                                successful tenderer shall pay for the butter supplied to
 1.     The security required for the invitation to tender      him within 90 days following the date fixed by the
shall be 15 units of account per metric ton of butter­          intervention agency for the loading of the butteroil .
oil .
2.      It shall take the form , at the option of the                                    Article 10
Member State concerned, either of a cheque made out
 in favour of the intervention agency, or of a bank               1.    The successful tenderer shall , on the date and at
guarantee which satisfies the criteria laid down by             the place fixed , deliver the relevant quantities of
such Member State .                                             butteroil , which shall satisfy the conditions of quality,
                                                                 packaging and marking laid down in the Annex to
                                                                this Regulation . He shall furnish within the periods
                           Article 6                             prescribed , to the intervention agency and, as the case
                                                                 may be , to the recipient country or to the WFP, the
  1 . The intervention agency shall make the neces­              information required in the Regulation relating to the
sary arrangements to enable the successful tenderer to           particular invitation to tender in question .
 ---pagebreak---  No L 229 / 62                         Official Journal of the European Communities                                30 . 8 . 75
2.     Delivery shall be deemed to have taken place               1 . If the butter is to be processed- in another Member
when the goods are deposited in the port of shipment                  State :
at a point designated, as the case may be, by the recip­              ' Butter to be :
 ient country or by the WFP or their respective repre­
sentatives .
                                                                      (a) processed into butteroil, and subsequently
3 . The tenderer shall submit to all quantity controls                (b) exported as food aid (Regulation (EEC) No
effected at the port by the representative of the recip­                   1541 /75)'.
 ient country or of the WFP. He shall supply for this
 purpose a list setting out the manufacturer's lot                    ' Beurre destine :
 numbers comprising the supply and specifying the
 number of cartons corresponding thereto.                             (a) a etre transforme en butteroil,
                                                                      (b) puis à être exporté au titre de 1 aide alimentaire
                         Article 11
                                                                          (règlement (CEE) n0 1541 /75)'.
                                                                        Butter bestimmt :
Where the processing of the butter into butteroil takes
 place in the Member State of sale, the following provi­              (a) zur Verarbeitung zu Butteroil,
sions shall apply :
                                                                      (b) alsdann zur Ausfuhr als Nahrungsmittelhilfe
 1 . At the time of the manufacture and packing of                        (Verordnung (EWG) Nr. 1541 /75)'.
the butteroil , the competent agency in the Member
State where such operations take place shall ensure                     Burro destinato :
that :
— Article 6 (3) is complied with,                                     (a) ad essere trasformato in butteroil,
— the quality and packing conform to the provisions                   (b) ad essere esportato a titolo di aiuto alimentare
     contained in the Annex,                                              (Regolamento (CEE) N. 1541 /75)'.
— the packings used conform to the type of packings
     specified in the certificate referred to in the Annex              Boter bestemd :
     issued by the approved packaging institute ;
                                                                      (a) om te worden verwerkt tot butteroil,
2.     If on conclusion of its investigations as aforesaid            (b) om nadien te worden uitgevoerd als voedsel­
the agency concerned considers that the relevant                           hulp (Verordening (EEG) nr. 1541 /75)'.
conditions have been fulfilled , it shall issue a certifi­
cate to that effect to the successful tenderer.                         Smor bestemt til :
                                                                      (a) fremstilling af butteroil
                         A rticle 1 2
                                                                      (b) herefter eksport som fødevarehjælp (forordning
                                                                          (EØF) nr. 1541 /75)'.
Where the processing of the butter or the removal of
the butteroil from the geographical territory of the
Community takes place in a Member State other than                    Where verification of exportation as referred to ir
that of sale, proof that the butter has been processed                (b) is carried out in a Member State other than tht
in accordance with the requirements of Article 11 ( 1 )               one in which processing as referred to in (a) tool­
and /or that removal from the geographical territory of               place, the customs office which verifies the saic
the Community has taken place shall be furnished by                   processing shall return the control copy to the
production of the control copy referred to Article 1 of               customs office of departure in the Member State o
Commission Regulation ( EEC) No 2315/69 (') of 19                     sale, indicating that it has only verified the
November 1 969 on the use of Community transit                        processing and shall issue to the person concernec
documents for the purpose of applying Community                       a control copy referred to in Article 1 of Regula­
measures for verifying the use and/or destination of                  tion (EEC) No 2315/69 with sections 101 , 103, 104
goods, as amended by Regulation (EEC) No 690/73 (2).                  and 106 completed . Section 103 shall specify the
                                                                      net weight of butteroil after processing ; section
Sections 101 , 103 and 104 of the control copy shall be                104 shall contain one of the endorsements set out
completed . Section 104 shall be completed by striking                in subparagraph 2 below ; section           106 shall
out the references not required and inserting in the                  specify :
second indent one of the following phrases :
                                                                      — the number of the control copy from the
(') 0 | No L 295, 24 . 11 . 1969 , p. 14 .                                customs office of departure in the Member
(-) O) No L 66, 13 . 3 . 1973, p. 23 .                                    State of sale and the name of that office,
 ---pagebreak--- 30 . 8 . 75                          Official Journal of the European Communities                           No L 229 /63
    — the weight of the butter used to produce the             obligation to pay the purchase price of the butter
          quantity of butteroil specified in section 103 .     supplied to him, and shall pay to him, within 15 days
                                                                from the day of the presentation of the abovemen­
    The customs office which verifies that exportation         tioned supporting documents, the difference between
     as specified in (b) has taken place shall endorse the     these two prices, where this is in the favour of the
                                                               tenderer.
     control copy supplied by the office which verified
     processing and shall return this copy via this latter
    office to the customs office of departure in the           2. In the case of deliveries to the WFP, the compe­
    Member State of sale .                                     tent agency of the Member State shall pay to the WFP
                                                               within 30 days from the receipt of the letter referred
2. If the butter is processed into butteroil in the            to in Article 1 5 (2) a flat-rate contribution of 79 units
    Member State of sale and is to leave the geogra­           of account per metric ton of butteroil delivered
     phical territory of the Community via another             towards the cost of transport and distribution thereof.
    Member State :
    ' Butteroil to be exported as food aid (Regulation                                 Article 14
    (EEC) No 1541 /75)',
    ' Butteroil destiné à être exporté au titre de 1 aide       1.    Except in the case of force majeure, the security
    alimentaire (règlement (CEE) n° 1541 /75)',                for the tender provided for in Article 5 shall be
                                                               released only :
    'Als Nahrungsmittelhilfe auszuführendes Butteroil
    (Verordnung ( EWG) Nr. 1541 /75)',                         (a) if the tenderer has not withdrawn his tender before
                                                                    the contract is awarded and        if the documents
    ' Butteroil destinato ad essere esportato a titolo di           required under the first, second or third indent of
    aiuto alimentare (regolamento (CEE) N. 1541 /75)',              Article 13 ( 1 ) as the case may be have been
    ' Butteroil bestemd om te worden uitgevoerd als                 produced to the intervention agency ;
    voedselhulp (Verordening (EEG) nr. 1541 /75)',             (b) if no award is made.
    ' Butteroil bestemt til eksport som fødevarehjælp
    (forordning ( EØF) nr. 1541 /75)'.                         2.     The security shall be released immediately.
    The customs office which verifies exportation shall        3.     In cases of force majeure, the intervention
    endorse the control copy and shall return this copy        agency selling the butter shall take such action as it
    to the customs office of departure in the Member           considers necessary having regard to the circum­
    State of sale .                                            stances invoked .
                                                                                       Article 1 5
                          Article 13
                                                                1.    In the case of deliveries to developing countries,
1.      Upon presentation of the documents referred to :
                                                               on delivery of the goods, a certificate of acceptance
— in Articles 11 (2) and 15 and of a customs docu­             shall be given to the tenderer acting as agent for the
      ment establishing that the product has been              Community by the recipient appointed by the
      removed from the geographical territory of the           receiving country at the specified place of destination
      Community, where the processing of the butter            or, where no such agent is appointed, by the represen­
      and the removal of the butteroil both took place         tative of the intervention agency of the Member State
                                                               of sale .
      in the Member State of sale,
— in Articles 12(1 ) and 15, where the processing              2.     In the case of deliveries to the WFP, on delivery
      into butteroil took place in a Member State other        of the goods at the port of embarkation the representa­
      than that of sale ,                                      tive of the WFP shall give the tenderer acting as agent
— in Articles 1 1 (2), 1 2 (2) and 1 5, where the              for the Community a letter certifying that the WFP
      processing of butter into butteroil was carried out      has taken delivery thereof.
      in the territory of the Member State of sale and
      where the removal from the geographical territory
      of the Community took place in another Member                                    Article 16
      State ,
                                                               The intervention agencies shall immediately inform
the competent agency of the Member State of sale               the Commission of the names of the undertakings
shall release the tenderer, in respect of an amount            responsible for transportation and of the means of
equal to the price indicated in the tender, from his           transport used .
 ---pagebreak--- No L 229/ 64                        Official Journal of the European Communities                           30 . 8 . 75
                       A rticle 1 7                                                  Article 18
Except in cases of force majeure, the tenderer shall
bear all financial liabilities which would have been           No refund or compensatory amount (whether mone­
borne by the Community by reason of non-delivery of           tary or accession) shall be applicable in respect of
the butteroil to the place and by the time appointed,         butteroil supplied under this Regulation .
provided always that the receiving country or the
WFP permitted delivery to be effected to the place
and by the time specified.                                                           Article 19
The costs resulting from a failure to deliver butteroil
resulting from a case of force majeure shall be               This Regulation shall enter into force on the third day
assumed by the competent agency of the Member                  following its publication in the Official Journal of
State of sale and be borne by the Community.                   the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 29 August 1975.
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                    Member of the Commission
 ---pagebreak--- 30 . 8 . 75                             Official Journal of the European Communities                                    No L 229 / 65
                                                                ANNEX
             I. Quality requirements for butteroil
                 Characteristics of the product : concentrated milk fat with a minimum pure fat content of
                 99-8 % .
                 Composition characteristics :
                 moisture content and non-milk fat constituents : maximum 0-2 % ,
                 fats : minimum 99-8 % ,
                 free fatty acids : maximum 0-5 % (oleic acid),
                 amount of peroxide/kg : maximum one unit (in milliequivalents of oxygen per kg),
                 flavour : fresh ,
                 smell : absence of smells unconnected with butteroil .
                 For certain deliveries, special requirements may be specified.
            II . Packaging of butteroil
                 1 . The butteroil is to be packed in metal canisters fully filled and hermetically sealed in an atmos­
                     phere of nitrogen .
                     The metal canisters are packed in cartons containing :
                     — either four 5 kg canisters, or
                     — one 20 kg canister.
                     The complete packaging should be strong enough to withstand a long sea journey and trans­
                     portation by land in a tropical climate .
                     Closed cartons, as prepared for delivery, containing either one 20 kg metal canister or four 5
                     kg canisters 95 % full of water, must be able to resist :
                     (a) three falls from a height of one metre on three different edges relating to different axes ;
                         this test, for which five complete packagings are to be used , must be effected in accordance
                         with ISO standard No 2248 . After the tests :
                         — the metal canisters may be crushed out of shape but no leakage must occur after elimi­
                              nation of the vacuum ;
                         — the cartons may be damaged and show small tears in the seams and sealed flaps but
                              seams must not be completely torn and flaps must not have come unstuck or be torn
                              off ;
                         — the damage must not be such as to endanger the safe transport of the canister(s) in the
                              carton ;
                     (b) a compression test in accordance with ISO standard Nos 2872 and 2874. For this test, each
                          complete packaging is placed separately, in the normal transportation position , between
                          the plates of the press .
                          During the test, the relative speed of the plates is 10 mm / minute .
                          The criteria of approval is that, after applying a pressure of 3 500 kg/ m 2 over the base area,
                          the entire packaging ( metal canisters and carton ) may get slightly out of shape but must
                          keep its entirety. Five complete packagings must be tested .
                          Before the tests, the complete filled packagings are subject to the following treatment in
                          accordance with ISO standard No 2233 : storage for 48 hours at 25 °C with a relative
                          humidity of 90 % .
                          The conformity of the cardboard carton with the standards defined above must have been
                          verified by a packaging institute approved by the Member State concerned which shall
                          issue the appropriate certificate and test report together with a description of the technical
                          characteristics of the packaging material .
 ---pagebreak--- No L 229 /66                     Official Journal of the European Communities                                30 . 8 . 75
             2. Markings on the packaging :
                The metal canister shall have stamped upon it the following information in the language or
                languages specified in the Regulation of the individual invitation to tender :
                (a) the description : 'Butteroif ;
                (b) the words : 'Gift of the European Economic Community (together with appropriate mark­
                    ings for each individual delivery) ;
                (c) the net weight ;
                (d) the month and year of manufacture ;
                (e) the name of the processing undertaking — in the form of a code number.
                In addition to the above, the following must be marked on the two sides of each carton : the
                manufacturer's lot number and the number of cartons making up the lot.