CELEX: 31972R1519
Language: en
Date: 1972-07-14 00:00:00
Title: Regulation (EEC) No 1519/72 of the Commission of 14 July 1972 on the sale by tender of butter at reduced prices for the exportation of certain fat compounds

718                                Official Journal of the European Communities
 18.7.72                            Official Journal of the European Communities                          No L 162/1
                           REGULATION (EEC) No 1519/72 OF THE COMMISSION
                                                    of 14 July 1972
              on the sale by tender of butter at reduced prices for the exportation of certain fat
                                                      compounds
 THE    COMMISSION       OF   THE    EUROPEAN     COM­         Whereas the sale of butter at a reduced price for the
MUNITIES,                                                      exportation of certain fat compounds constitutes
                                                               such a measure; whereas, to ensure that all
                                                               purchasers have equal access to the butter and to
Having regard to the Treaty establishing the                   keep a check on the quantities disposed of, the
European Economic Community;                                   standard tendering procedure should be followed;
Having regard to Council Regulation (EEC) No                   Whereas, if there are several invitations to tender for
 804/681 of 27 June 1968 on the common organization            the disposal of butter at reduced prices, the order in
of the market in milk and milk products, as last               which they are held should be determined so that the
amended by Regulation (EEC) No 1411 /71,2 and in               quantities of butter to be considered available in a
particular Articles 6 (7) and 28 thereof;                      cold storage depot may be established for each sale;
Having regard to Council Regulation (EEC) No
985/6S3 of 15 July 1968 laying down general rules for          Whereas a system of supervision should be set up to
                                                               ensure that the butter is not diverted from its
intervention on the market in butter and cream, as
last amended by Regulation (EEC) No 1075/71,4 and               destination ; whereas the supervision must operate
in particular Article 7a thereof;                              from the time the butter- is removed from storage
                                                               until it is exported; whereas the lodging of a deposit,
                                                               the denaturing of the butter and its processing into
Having regard to Council Regulation (EEC) No                   specific fat compounds, with on the spot inspection
974/715 of 12 May 1971 on certain measures of                  of the manufacture of those products and the use of
conjunctural policy to be taken in agriculture                 distinctive packings, may contribute to this end;
following the temporary widening of the margins of
fluctuation for the currencies of certain Member
States, and in particular Article 6 thereof;                   Whereas provision should be made for manufacture
                                                               of the fat compounds to take place in a single
Whereas the situation on the Community butter                  establishment approved by the relevant Member State
market is marked by large stocks following                     so that diversion during manufacture can be avoided;
intervention under Article 6 ( 1 ) of Regulation (EEC)         whereas however, Member States should be free to
No 804/68 ;                                                    make exceptions to this rule under certain conditions
                                                               so that effect may be given to national regulations
                                                               which prohibit the handling of butyric and
Whereas it will not be possible to dispose of these            non-butyric fats in the same establishment;
stocks of butter on normal terms during the present
marketing year; whereas prolonged storage should be                                                             I
avoided because of the high cost involved; whereas             Whereas if the butter is processed in a Member State
measures should therefore be adopted to facilitate             other than the selling Member State, provision
disposal of the butter;                                        should be made for checking the use or destination
                                                               by means of the control copy provided for in the
                                                               Commission Regulation (EEC) No 23 15 /69® of 19
1 OJ No L 148, 28.6.1968, p. 13 .                              November 1969 on the use of Community transit
2 OJ No L 148, 3.7.1971, p: 4.                                 documents for the purpose of applying Community
3 OJ No L 169, 18.7.1968, p. 1.
4 OJ No L 116, 28.5.1971, p. 1 .
5 OJ No L 106, 12.5.1971, p. 1.                                6 OJ No L 295, 24.11.1969, p. 14.
 ---pagebreak---                                     Official Journal of the European Communities                                    719
measures for verifying the use and/or destination of            (c) the time limit and the place for submission of
goods, as amended by Regulation (EEC) No 595/711 ;                   tenders .
Whereas provision should be made for proof o£                   2.    The notice of invitation to tender shall be
arrival in one of the destination countries to * be             published in the Official Journal of the European
furnished in accordance with Article 8            ( 1 ) of      Communities at least eight days before the first time
 Commission Regulation No 1041/67/EEC2 of 21                    limit for the submission of tenders. In addition, the
December 1967 on detailed rules for the application             intervention agency may publish notices elsewhere.
of export refunds on products subject to a single
price system, as last amended by Regulation (EEC)
No 1504/713 ;                                                                             Article 4
Whereas, as regards the compensatory amounts fixed              1 . During the period of validity of the standing
pursuant to Regulation (EEC) No 974/71 , account                invitation to tender, the intervention agency shall
should be taken of the value of the products                  . issue individual invitations. Each individual invitation
concerned;                                                      to tender shall cover such part of the butter specified
                                                                in Article 1 as is still available.
Whereas provision should now be made for measures
which take account of the entry into force of the               2.     The time limit for the submission of tenders in
Treaty concerning the accession of the Kingdom of               response to the first individual invitation to tender
Denmark, Ireland, the Kingdom of Norway, and the                shall expire at 1200 hours on 12 September.
United Kingdom of Great Britain and Northern
Ireland to the European Economic Community and                  The time limit for the submission of tenders in
to the European Atomic Energy Community;                        response to subsequent invitations to tender shall
                                                                expire at 1200 hours on the second and fourth
Whereas the measures provided for in this Regulation            Tuesday of the month. If the Tuesday is a public
are in accordance with the Opinion of the                       holiday, the time limit shall be extended until 1200
Management Committee for Milk and Milk                          hours on the following working day.
Products ;
                                                                                          Article 5
HAS ADOPTED THIS REGULATION :
                         Article 1                              1 . The intervention agency shall update and make
                                                                available to interested parties on request the list
                                                                provided for in Article 3 (b) of the quantities of
Butter bought in under Article 6 ( 1 ) of Regulation            butter for sale by tender in each cold storage depot.
(EEC) No 804/68 and taken into storage before 1                 The intervention agency shall also publish a regular
May 1972 shall be sold.                                         up-to-date list in an appropriate form to be specified
                                                                in the notice of invitation to tender provided for in
                         Article 2                              Article 3 .
The butter shall be sold by means of a standing                 2.     The intervention agency shall take the measures
invitation to tender, opened by each intervention               necessary to enable interested parties to examine, at
agency for the quantities of the butter in question             their own expense and before tendering, samples of
held by it.                                                     the butter for sale.
                         Article 3
                                                                                          Article 6
1.     The intervention agency shall issue a notice of
invitation to tender indicating in particular:                  An undertaking may not take part in the invitation to
                                                                tender unless :
 ( a) the location of the cold storage depot or depots
      where the butter is held;                                 — it carries out one of the processes provided for in
(b) the quantities of butter for sale in each depot;                Article 19 and is approved for that purpose by the
                                                                    Member State in whose territory the operations
                                                                    take place, and
 1 OJ No L 69, 23.3.1971, p. 7.
 2 OJ No 314, 23.12.1967, p. 9.                                 — it undertakes to abide by the conditions laid
3 OJ No L 158, 15.7.1971, p. 17.                                    down in Articles 19, 22 and 23 .
 ---pagebreak---  720                                  Official Journal of the European Communities
                           Article 7                             2. It shall be paid, according, to the preference of
                                                                 the Member State, either in the form of a cheque
 1.     Tenders shall be submitted either personally, in         addressed to the intervention agency, or in the form
 writing, against receipt, to the intervention agency or         of a guarantee complying with criteria laid down by
 by registered letter addressed to the intervention              the Member State in question.
 agency. The intervention agency may also authorise
 the use of telex facilities .
                                                                                         Article 9
 2. '   The tender shall state :
 (a) the name and address of the tenderer,                       In the light of the tenders received in response to
                                                                 each individual invitation to tender, and in
 (b) the quantity to which the tender relates,
                                                                 accordance with the procedure laid down in Article
 (c) the use to be made of that quantity, in                    30 of Regulation (EEC) No 804/68 , a minimum
      accordance with Articles 19 (2) (a) or (b); a              selling price shall be fixed for each of the uses
      tender may relate to one of these uses only,              referred to in Article 19 (2) (a) and (b), or a decision
                                                                 shall be taken not to proceed with the invitation to
 (d) the price offered per metric ton, excluding                tender.
      internal taxes, ex-cold storage depot where the
      butter is held, expressed in the currency of the
       Member State in which the invitation to tender is                                Article 10
      opened,
                                                                                             »
 (e) the cold storage depot in which the butter is held.        At the same time as the minimum selling price is
                                                                 fixed and by the same procedure, the amount of the
A tender relating to several cold storage depots shall          deposit provided for in Article 15 shall be fixed per
be considered to comprise as many tenders as the                 100 kilogrammes.
cold storage depots mentioned.
                                                                                        Article 11
3.     A tender shall not be valid unless it relates to at
least 100 metric tons .
                                                                1.     The tender shall be rejected if the price offered
However, if the quantity available in a cold storage            is lower than the minimum price valid for the
 depot is less than 100 metric tons, the available              relevant, individual invitation to tender.
quantity shall constitute the minimum quantity for
the tender.                                                     2. "Without prejudice to paragraph 1 , the contract
                                                                shall be awarded to the tenderer offering the highest
4.     A tender shall not be valid unless :                     price.
(a) it is accompanied by the written undertakings
      referred to in the second indent of Article 6;            If the quantity available in the cold storage depot is
                                                                not used up by this award, the contract for the
(b) the tenderer includes a declaration that he will            remaining quantity shall be awarded to the other
      forgo any claim regarding the quality and                 tenderers according to the price offered, starting with
      characteristics of any butter sold ;                      the highest.
(c) proof is furnished before the time limit for
      submission of tenders expires that the tenderer           3 . Where acceptance of a tender       would lead to the
      has lodged a tendering deposit in respect of the          quantity remaining available at       the cold storage
      relevant individual invitation to tender.                 depot in question being exceeded,      the contract shall
                                                                be awarded to the tenderer in         question only in
5.     A tender may stipulate that it shall not be              respect of the quantity available.
considered     to   have   been    submitted   unless  the
contract is awarded in respect of the entire quantity
indicated in the tender.                                        4. Where acceptance of several tenders at the same
                                                                price would lead to the quantity available being
                                                                exceeded, the contract shall be awarded by lot.
6. A tender may not be withdrawn.
                                                                5.     Where the      acceptance    of several tenders
                          Article 8                             submitted for both of the uses referred to in Article
                                                                19 (2) would lead to the quantity available being
1.     The tendering deposit shall be 10 units of               exceeded, a tender indicating the use described under
account per metric ton.                                         (a) shall be given priority.
 ---pagebreak---                                     Official Journal of the European Communities                                   721
                        Article 12                             the notification referred to in Article 14 ( 1 ). The
                                                               butter may be taken over in stagey.
For the purposes of this Regulation, the quantity of
butter considered to be available shall be the quantity        Except in cases of force majeure, if the successful
of butter stored in the cold storage depot in question         tenderer has not taken over the butter within the set
after the award of the individual invitation to tender         time limit, the sale shall be cancelled as regards the
currently     open   in   pursuance    of    Commission        remaining quantities.
Regulation (EEC) No 1259/721 on the disposal of
butter at a reduced price to certain Community                                          Article 17
processing undertakings.
                                                               The butter shall be delivered by the intervention
                        Article 13                             agency in packings bearing one or more of the
                                                               following markings in letters at least 2 cm high :
The rights and obligations arising from the invitation
to tender shall not be transferable.                           'Beurre destiné à la transformation (Règlement (CEE)
                                                                n0 1519/72)':
                        Article 14                             'Zur Verarbeitung bestimmte Butter (Verordnung
                                                                (EWG) Nr. 1519/72)';
1 . Each tenderer shall immediately be informed of             'Burro destinato alla trasformazione (regolamento
the result of his participation in individual invitation        ( CEE) n. .1519/72)'; •
to tender.
                                                               'Boter voor verwerking (Verordening (EEG) nr.
2. The successful tenderer shall, before taking over            1519/72)'.
the goods as described in Article 16 (2), pay the
intervention agency the amount corresponding to his            (Butter    for   processing    (Regulation  (EEC)    No
tender for each quantity he intends to remove from              1519/72 ))
storage .
                                                                                        Article 18
                        Article IS
                                                               From the time of its removal from storage and until
1 . The successful tenderer shall, before taking over          it is exported, the butter or the processed products
each quantity, lodge the processing and exportation            referred to in Article 19 shall be placed under
deposit provided for in Article 10.                            customs or equivalent administrative control.
2.     The deposit shall be lodged in accordance with
Article 8 (2).                                                                          Article 19
                        Article 16                             1.    All the butter allocated shall be processed into a
                                                               product containing at least 99 -8% of butyric fat in
1 . When the payment provided for in Article 14                the undertakings referred to in Article 6 before one of
(2) has been made, and the processing and                      the products referred to in paragraph 2 is
                                                               manufactured.
exportation deposit provided for in Article 15 has
been lodged, the intervention agency shall issue a
removal order, indicating :                                    2. According to the use specified in the tender,
                                                               pursuant to Article 7 (2) (c), the product thus
( a) the quantity for which the conditions specified at        obtained shall be either
     the beginning of the paragraph have been
     satisfied ;                                               ( a) directly processed into a product which, per
                                                                    metric ton of the finished product, and to the
(b) the cold storage depot in which it is stored;                   exclusion of all other products, contains :
(c) the final date for taking over the butter.                      — 10 kg of triglycerides of enanthic
                                                                        (n-heptanoic) acid, at least 95% pure, and
2.     The successful tenderer shall take over the
butter awarded to him within thirty days of receiving               — 0T kg of ethylic ester of the butyric acid; or
                                                               (b) mixed, per 970 kg, with 30 kg of triglycerides of
                                                                    enanthic (n-heptanoic) acid, at least 95% pure,
1 OJ No L 139, 17.6.1972, p . 18 .                                  and thereafter
 ---pagebreak--- Ill                                 Official Journal of the European Communities
      — processed into a fat compound falling within                                     Article 22
         subheading No 21.07 F VI of the Common
         Customs Tariff and containing not less than           The finished product shall be put up in cans :
         26% but not more than 40% by weight of                (a) hermetically sealed, of a net capacity of not more
         milkfat and of which the non-butyric part is               than 2-5 kg in the case of the product referred to
         composed of at least 98% of suet or lard, the              in Article 19 (2) (a);
         remaining 2% not containing other fats;
                                                               (b) of a net capacity of not more than 18-5 kg in the
The two operations referred to under (b) shall be                    case of the product referred to in Article 19 (2) (b).
carried out separately so that each may be supervised.
                                                                                         Article 23
3..    The various processing operations listed in
paragraph . 2 shall be carried out in the same                 The finished product shall be exported direct from
establishment as that mentioned in paragraph 1 .               the territory of the Member State in which the
                                                               processing takes place to an African or Asian third
However, Member States may authorise the                       country within 150 days from the time receiving the
successful tenderer, under the conditions laid down            information referred to in Article 14 ( 1 ).
in Article 21 , to have the processing specified in
paragraph 2 (b) carried out in an establishment other
than that in which the early stages of processing take                                   Article 24
place.
                                                               1 . Where the processing operations listed in Article
                                                               19 take place in a Member State other than the
                                                               selling Member State, proof that the conditions
                       Article 20
                                                               referred to in Articles 19, 22 and 23 have been
                                                               satisfied shall be furnished only by production of the
The competent authority of the Member State in which           control copy provided for in Regulation (EEC) No
the processing operations referred to in Article 19            2315 /69 .
take place shall be responsible for the supervision of
those operations.                                              2.      Sections 101 , 103 and 104 on the control copy
                                                               shall be completed. Section 104 shall be completed by
The costs of the supervision shall be borne by the             deleting what does not apply and . adding one of the
successful tenderer.
                                                               following statements at the second indent :
                                                                '— destiné à l'exportation au titre du règlement
                        Article 21
                                                                     (CEE) n0 1519/72 après transformation et
                                                                     conditionnement en emballages métalliques, soit
                                                                    hermétiquement fermés d'un contenu de 2 500 kg
 Recourse to the derogation in the second                           au maximum, soit d'un contenu de 18 500 kg au
subparagraph of Article 19 (3) shall be subject to the               maximum';
following conditions :
                                                                '— Gemäß Verordnung (EWG) Nr. 1519/72 nach
                                                                     Verarbeitung und Verpackung in luftdicht
( 1) the two establishments must be situated in the                  verschlossenen Metallverpackungen mit einem
      same Member State;                                             Nettoinhalt von höchstens 2 500 kg oder in
                                                                    Metallverpackungen mit einem Nettoinhalt von
                                                                    höchstens 18 500 kg, zur Ausfuhr bestimmt';
 (2) before processing takes place, the undertaking
      which has been awarded the tender must obtain             '— destinato all'esportazione a norma del
      authorisation from the body which gave the                     regolamento       ( CEE)      n.   1519/72      dopo
      approval referred to in Article 6;                             trasformazione e condizionato in imballaggi
                                                                     metallici, ermeticamente chiusi di un contenuto
                                                                     massimo, di 2 500 kg oppure di un contenuto
 (3 ) an establishment responsible for one of the                    massimo di 18 500 kg';
      processing operations concerned must have
      received the approval referred to in Article 6;           '— bestemd om overeenkomstig Verordening (EEG)
                                                                     nr. 1519/72 te worden uitgevoerd, na verwerking
                                                                     en verpakking in metalen verpakkingen, ofwel
  (4) Member States shall take the measures necessary                luchtdicht gesloten met een' netto-inhoud van
      to ensure continuous supervision throughout                    hoogstens 2 500 kg, ofwel met een netto-inhoud
      transportation and processing.                                  van hoogstens 18 500 kg'.
 ---pagebreak---                                      Official Journal of the European Communities                                    723
      (for export pursuant to Regulation (EEC) No                                         Article 27
      1519/72 after processing and packaging in metal
      containers    either   hermetically  sealed   of   a       The compensatory amounts applicable to butter and
     maximum capacity of 2-5 kg or of a maximum                  to butter processed into products referred to in
      capacity of 18-5 kg).                                      Article 19 shall be equal to the compensatory
                                                                 amounts fixed in pursuance of Regulation (EEC) No
                                                                 974/71 , multiplied by the coefficient 0-2.
                          Article 25
                                                                 The Commission may, if necessary, alter this
 1. Except in cases of force majeure the tendering               coefficient.
deposit shall be released only for the quantity:
                                                                                          Article 28'
 (a) in respect of which the tenderer:
     — has not withdrawn the tender before the                   Butter incorporated in products mentioned in Article
          award of the contract, and                             19 shall not qualify for export refunds.
     — within the set time limit, paid the amount
          corresponding to the tender, provided for in                                    Article 29
          Article 14 (2), and lodged the processing and
          exportation deposit provided for in Article            Member States shall
          15 ; or
                                                                 — keep       an   up-to-date     record  by   processing
                                                                      undertaking of the quantities obtained at the time
(b) in respect of which the tender has not been                       of the processing described in Article 19 (2) (a)
     accepted.                                                        and (b) respectively, and the corresponding
                                                                      quantities of butter used;
2. Except in cases of force majeure, the processing              — send this information, before the tenth of each
and exportation deposit provided for in Article 15                    month, to the Commission, which shall inform
shall be released only for the. quantities in respect of              the other Member States thereof.
which the buyer has furnished to the intervention
agency :
                                                                                         Article 30
(a) supporting documents from which it can be
     established that the conditions laid down in
     Articles 19, 22 and 23 have been satisfied, when            With effect from 1 February 1973 , Articles 17 and 24
     the processing takes place in the selling Member            (2) shall be amended as follows :
     States ;
                                                                 1.      The following shall be added to Article 17:
(b) proof that these conditions have been satisfied                 '— butter for processing (Regulation (EEC) No
     furnished by the control copy referred to in                         1519/72)';
     Article 24 when the processing takes place in
     another Member State ;                                          '— smør bestemt til forarbejdning (forordning
                                                                           (EØF) nr. 1519/72)';
(c) proof that the finished product has reached one                  '— smør bestemt til foredling (forordning (EØF)
     of the countries of destination referred to in                       nr. 1519/72)'.
     Article 23 , furnished in accordance with the
     provisions of Article 8 ( 1 ) of Commission                 2.      The following indents shall be added to Article
     Regulation No 1041 /67/EEC.                               •    24 (2):
                                                                    '— for export pursuant to Regulation (EEC) No
3.     The deposit shall be released immediately.                         1519/72 after processing and packaging in
                                                                        ' metal containers either hermetically sealed of
                                                                          a maximum capacity of 2-5 kg or of a
                                                                          maximum capacity of 18-5 kg';
                         Article 26                                 '— bestemt til eksport i henhold til forordning
                                                                           (EØF) nr. 1519/72 efter forarbejdning og
In case of force majeure, the intervention agency shall                   pakning i metalemballager, enten hermetisk
determine the measures necessary in view of the                           lukkede met et indhold of højst 2 500 kg, eller
circumstances invoked.                                                    med et indhold af højst 18 500 kg';
 ---pagebreak--- 724                             Official Journal of the European Communities
   '— bestemt til eksport i henhold til forordning                               Article 31
      (EØF) nr. 1519/72 etter foredling of
      salgsklargjøring i metallemballasje, enten           This Regulation shall enter into force on the third
      hermetisk lukket med et innhold på høyst             day following its publication in the Official Journal
      2 500 kg eller med et innhold på høyst 18 500        of the European Communities.
      kg'.
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
                                    \
            Done at Brussels, 14 July 1972.
                                                                             For the Commission
                                                                                The President
                                                                              S.L. MANSHOLT