CELEX: 31975R2660
Language: en
Date: 1975-10-20 00:00:00
Title: Regulation (EEC) No 2660/75 of the Commission of 20 October 1975 on invitations to tender for the supply of butteroil bought on the Community market as food aid to certain developing countries and to the World Food Programme

21 . 10 . 75                              Official Journal of the European Communities                       No L 270/ 1 1
                               REGULATION (EEC) No 2660/75 OF THE COMMISSION
                                                        of 20 October 1975
               on invitations to tender for the supply of butteroil bought on the Community
               market as food aid to certain developing countries and to the World Food
                                                            Programme
THE COMMISSION OF THE EUROPEAN                                       dure hitherto adopted for similar cases should in the
COMMUNITIES,                                                         main be followed ;
Having regard to the Treaty establishing the European                Whereas the measures provided for in this Regulation
Economic Community ;                                                 are in accordance with the Opinion of the Manage­
                                                                     ment Committee for Milk and Milk Products,
Having regard to Council Regulation (EEC) No
804/68 (') of 27 June 1968 on the common organiza­
tion of the market in milk and milk products, as last
amended by Regulation (EEC) No 740/75 (2), and in                    HAS ADOPTED THIS REGULATION :
particular Articles 6 (7) and 28 thereof ;
Having regard to Council Regulation (EEC) No                                                Article 1
 1541 /75 (3) of 16 June 1975 laying down general rules
for the supply of milk fats as food aid to certain deve­             Where it is decided, in accordance with Regulation
loping countries and international organizations under               (EEC) No 1542/75, to supply butteroil in the form of
the 1975 food-aid programme, and in particular                       butter fats which are of Community origin and not
Article 7 thereof ;                                                  taken from public stocks to developing countries and
                                                                     to the WFP, the tendering procedure provided for in
Whereas Council Regulation (EEC) No 1 542/75 (4) of                  Article 5 of Regulation (EEC) No 1541 /75 shall
 16 June 1975 on the supply of milk fats as food aid to              comply with the rules laid down in this Regulation .
certain developing countries and international organi­
 zations under the 1975 food-aid programme lays
 down, inter alia, that 17 850 metric tons of butteroil                                     Article 2
 obtained from butter held by intervention agencies
 should be made available to certain developing coun­                 1 . Intervention agencies shall invite tenders, indi­
 tries, and 16 000 metric tons to the World Food                     cating in particular :
 Programme, hereinafter referred to as WFP ;
                                                                     — the quantity of butteroil to be delivered ;
 Whereas, in accordance with Article 2 (2) of Regula­                — the destination and means of delivery ;
 tion (EEC) No 1541 /75, supply may be ensured by
 means of butter or butter fats available on the Commu­              — the insurance arrangements for the goods to be
                                                                          transported ;
 nity market if the market situation is such that it is
 not possible to use products from public stocks ;                   — the time limit and address for the submission of
 whereas such an operation must be carried out                            tenders ;
 without disturbing the normal development of market                 — period in which delivery is provided.
 prices ;
                                                                      2. The invitation to tender shall be published in
 Whereas the market situation in the Community is                     the Official Journal of the European Communities
 characterized by the existence of small quantities of                not less than 10 days before the time limit for the
 butter in public storage and large-scale availabilities in           submission of tenders .
 the private sector ; whereas, in this situation, certain
 supplies should be provided in the form of butter or                 The intervention agency may also publish such invita­
 butter fats available on the Community market ;                      tion elsewhere .
 whereas under Article 5 of Regulation (EEC) No
  1541 /75, such operations should normally be effected
 by way of a tendering procedure ;                                                            Article 3
 Whereas the rules for such an invitation to tender
                                                                      The invitation to tender shall be open only to
  should therefore be determined ; whereas the proce­                  processing undertakings approved for that purpose by
                                                                       the Member State on whose territory processing is to
 (')   OJ No L  148 , 28 . 6 . 1968 , p. 13 .                          take place . Only those undertakings capable of
 (2 )  OJ No L 74, 22. 3 . 1975 , p . 1 .
 (} )  OJ No L  157, 19 . 6 . 1975, p. 4.                              meeting the obligations laid down in this Regulation
   "*) OJ No L  157, 19 . 6. 1975 , p . 6.                             may be approved .
 ---pagebreak--- No L 270/ 12                       Official Journal of the European Communities                             21 . 10 . 75
                        Article 4                            and Irish intervention agencies shall be considered,
                                                             after conversion into units of account, to have been
1 . Tenders shall be submitted in writing and either         increased by the accession compensatory amount
delivered to the intervention agency against acknow­         applicable to the quantities of butteroil in question in
ledgement of receipt or sent by registered letter to the     trade between the Community as originally consti­
intervention agency. The intervention agency may             tuted and Denmark on the one hand , and the new
also authorize the use of telex.                             Member State concerned on the other.
2.     Where the invitation to tender covers several         The accession compensatory amount referred to in the
lots, no tender may relate to more than one lot.              preceding subparagraph, expressed in units of account,
                                                              shall be calculated on the basis of a 99-9 % fat
3.     The tender shall indicate :                           content of the butteroil .
(a) the name and address of the tenderer ;
(b) the Community port chosen as port of loading ;                                    Article 7
(c) the price, exclusive of taxes, at which the tenderer
     undertakes to make the supply in question in             1 . A tender shall be rejected if the price proposed,
     accordance with the terms laid down, expressed in        when converted into units of account and, where appli­
     the currency of the Member State to which the            cable, corrected in accordance with Article 6 (2), is
     tender is addressed ; such price shall include the       higher than the maximum price fixed for the lot in
     insurance costs for the transport of the butteroil       question .
     up to the prescribed point of delivery.
                                                              2. Without prejudice to paragraph 1 , the successful
4.     A tender shall be valid only if it relates to an       tenderer shall be the one whose offer quotes the
entire lot put up for tender.                                 lowest price converted into units of account, and,
                                                              where applicable , corrected in accordance with Article
5. A tender shall be valid only if it is accompanied          6(2).
by :
(a) a document certifying the approval referred to in         If several intervention agencies have received offers in
     Article 3 ;                                              the same amount expressed in units of account and if
                                                              those offers are the most favourable, the award shall
(b) an undertaking from the tenderer that he will             be made by the intervention agency determined in
     abide by the conditions laid down in Article 8 ;         accordance with the procedure referred to in Article
(c) proof that the surety referred to in Article 5 has        6(1 ).
     been provided before the time limit for the submis­
     sion of tenders .                                        In the case where the intervention agency must take
                                                              into consideration several offers showing the same
 6.    No tender may be withdrawn .                           price, the award shall be made by drawing lots.
                                                              3.      Each tenderer shall be notified immediately by
                        Article 5
                                                              the intervention agency of the result of his tender.
 1 . The surety for the tender shall be 40 units of           4.      The rights and obligations arising from the
 account per metric ton of butteroil .                        award shall not be transferable .
 2.    It shall take the form, at the option of the
 Member State concerned, either of a cheque made out           5 . The intervention agency shall inform the
                                                              Commission immediately of the name and address of
 in favour of the intervention agency or of some other         the successful tenderer.
 form of surety which satisfies the criteria laid down by
 that Member State .
                                                                                      Article 8
                        Article 6
                                                               1.     The successful tenderer shall, at the time and
 1 . In the light of the tenders received, and in accor­       place laid down , deliver the relevant quantities of
 dance with the procedure laid down in Article 30 of           butteroil   in  accordance    with   the   requirements
 Regulation (EEC) No 804/68 , a maximum price shall            concerning quality, packaging and marking laid down
 be fixed, expressed in units of account, or a decision        in the Annex to this Regulation . He shall, within the
 shall be taken to make no award .                             time prescribed, communicate to the intervention
                                                               agency and to the recipient country or the WFP, as
 2. For purposes of the decision referred to in para­          the case may be, the information required under the
 graph 1 and for the award of the contract, the                Regulation relating to the invitation to tender in ques­
 amounts of tenders submitted to the United Kingdom            tion .
 ---pagebreak--- 21 . 10 . 75                          Official Journal of the European Communities                              No L 270/ 13
2. Delivery shall be deemed to have taken place                   measures for verifying the use and/or destination of
when the goods are deposited at the port of loading at            goods, as amended by Regulation (EEC) No 690/73 (2).
a point designated by the recipient country or by the
WFP, as the case may be, or by their respective repre­            Sections 101 , 103 and 104 of the control copy shall be
sentatives.                                                       completed. Section 104 shall be completed by dele­
                                                                  ting the references not required and inserting in the
3 . The successful tenderer shall submit to all quan­             second indent one of the following statements :
tity controls effected at the port by the representative
of the recipient country or of the WFP. He shall                  ' Butteroil destiné à être exporté au titre de 1 aide
supply for that purpose a list setting out the manufac­           alimentaire (règlement (CEE) n0 2660/75)',
turer's lot numbers comprising the supply and speci­              'als     Nahrungsmittelhilfe       auszuführendes Butteron
fying the number of cartons corresponding thereto.                (Verordnung (EWG) Nr. 2660/75)',
                                                                ' 'Butteroil destinato ad essere esportato a titolo di aiuto
                                                                  alimentare (regolamento (CEE) n. 2660/75,'
                         Article 9
                                                                  ' Butteroil bestemd om te worden uitgevoerd als voed­
 1.     The manufacture of the butteroil shall take place         selhulp (Verordening (EEG) Nr. 2660/75)',
in the Member State where the tender was awarded .                'Butteroil intended for export as food aid (Regulation
                                                                  (EEC) No 2660/75)',
 2. At the time of the manufacture and packing of                  ' Butteroil bestemt til eksport som fødevarehjælp
the butteroil, the competent agency of the Member                 (forordning (EØF) nr. 2660/75)'.
State concerned shall ensure that :
— the butter fats used are of Community origin ;                                             Article 11
— the quality and packaging conform to the provi­
      sions contained in the Annex ;                                1 . In the case of deliveries to developing countries,
                                                                   a certificate of acceptance shall be given on delivery of
— the packagings used conform to the type of pack­                  the goods to the successful tenderer acting as agent for
      aging specified in the certificate referred to in the
                                                                    the Community by the consignee recipient designated
      Annex issued by the approved packaging institute.
                                                                   by the recipient country at the port of loading or,
                                                                   where no such consignee is designated, by the repre­
 3 . If, in conclusion of its investigations as aforesaid,          sentative of the intervention agency of the Member
 the agency concerned considers that the required                   State where the tender was awarded .
 conditions have been fulfilled, before completion of
 the customs formalities referred to in Article 10(1 ), it          2.      In the case of deliveries to the WFP, on delivery
 shall issue to the successful tenderer an attestation to
                                                                    of the goods at the port of loading, the representative
 the effect that the conditions referred to in paragraph            of the WFP shall give the successful tenderer acting as
 2 of this Article have been fulfilled .
                                                                    agent for the Community a letter certifying that the
                                                                    WFP has taken delivery thereof.
                         Article 10
                                                                                              A rticle 1 2
  1.    The customs export formalities shall be carried
 out in the      Member State      where    the  tender was          1.     On production of the documents referred to :
 awarded .
                                                                    — in Articles 9 (3) and 1 1 and of a customs docu­
 2. If export of the consignment of butteroil from                       ment establishing that the product has left the
 the geographical territory of the Community is to be                    geographical territory of the Community, in the
 effected from a Member State other than that in                         case of export from the Member State where the
 which the export formalities were completed, the                        export formalities were completed,
 consignment shall be bonded immediately upon                       — in Articles 9(3), 10(2) and 11 , if export from the
 completion of those formalities and until it leaves the                 geographical territory of the Community was
 geographical territory of the Community.                                 effected from a Member State other than that in
                                                                          which the export formalities were completed,
  Proof that the consignment has left the geographical
  territory of the Community may be furnished only by                the competent agency of the Member State where the
  production of the control copy referred to in Article 1            tender was awarded shall pay the successful tenderer,
  of Commission Regulation (EEC) No 2315/69 (') of                   within a fortnight from the day of production of the
  19 November 1969 on the use of Community transit                   abovementioned supporting documents, the price
  documents for the purpose of applying Community                    referred to in Article 4 (3) (c).
  (') OJ No L 295, 24. 11 . 1969 , p. 14.                            (2) OJ No L 66, 13 . 3 . 1973 , p. 23 .
 ---pagebreak--- No L 270/ 14                        Official Journal of the European Communities                             21 . 10 . 75
2.     If, for reasons not attributable to the successful                              Article 14
tenderer, the period laid down for delivery in the invi­
tation to tender must be extended or production of             Except in cases of force majeure, the successful
                                                              tenderer shall bear all financial liabilities which would
the proof referred to in Article 1 0 (2) is delayed, the
abovementioned agency may permit, on submission of             have been borne by the Community by reason of
the attestation provided for in Article 9 (3), advances        failure to deliver the butteroil to the place and by the
on the price referred to in Article 4(3)(c).                   time appointed, provided always that the recipient
                                                               country or the WFP permitted delivery to be effected
However, such an advance may not exceed 80 % of                to the place and by the time specified.
the abovementioned price and shall be paid only if
the successful tenderer provides, under the conditions        The expenditure resulting from failure to deliver the
laid down in Article 5 (2), a corresponding security.          butteroil through force majeure shall be defrayed by
                                                               the competent agency of the Member State where the
3.     In the case of deliveries to the WFP, the compe­        tender was awarded and shall be borne by the Commu­
tent agency of the Member State where the tender was           nity.
awarded shall pay the WFP, within 30 days from the
receipt of the letter referred to in Article 1 1 (2), a                                Article 15
contribution of 79 u.a. per metric ton of butteroil
delivered towards the costs of forwarding and distribu­        In case of force majeure, the intervention agency
tion of the butteroil .                                        concerned shall     determine the     measures which     it
                                                               considers necessary in view of the circumstances
                         Article 13                            invoked .
 1 . Except in cases of force majeure, the tendering                                   Article 16
surety provided for in Article 5 shall be released only :
(a) if the tenderer has not withdrawn his tender before        No refund or compensatory amount (monetary or
     the award of the contract and if he has supplied          accession) shall be applied to the butteroil referred to
     the intervention agency with the supporting docu­         in this Regulation .
     ments referred to in either the first or second
     indent of Article 12(1 ), as the case may be.                                     Article 17
(b) if no award has been made.
                                                               This Regulation shall enter into force on the third day
 2. The release of the surety shall take place immedi­         following its publication in the Official Journal of
ately.                                                          the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 20 October 1975.
                                                                         For the Commission
                                                                           P.J. LARDINOIS
                                                                     Member of the Commission
 ---pagebreak--- 21 . 10 . 75                            Official Journal of the European Communities                                   No L 270/ 15
                                                                 ANNEX
             1 . 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 0-3 % (oleic acid),
                  amount of peroxide/kg : maximum 0-5 unit (in milliequivalents of oxygen per kg),
                  flavour : fresh,    .
                  smell : absence of smells unconnected with butteroil .
                  No use may be made of neutralizing agents, and in particular alkaline salts, in the manufacture of
                  butteroil .
                  For certain deliveries, particular requirements may be fixed .
             II . Packaging of butteroil
                   1.   The butteroil is to be packed in metal canisters fully filled and hermetically sealed in an
                      atmosphere 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 canisters) 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/m2 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 subjected 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 packages 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 the description of the technical charac­
                           teristics of the packaging material .
 ---pagebreak--- No L 270/ 16                     Official Journal of the European Communities                                21 . 10 . 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 : 'Butteroil' ;
                (b) the words : 'Gift of the European Economic Community', with the addition of specific
                    details for each particular 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.