CELEX: 31975R0750
Language: en
Date: 1975-03-21 00:00:00
Title: Regulation (EEC) No 750/75 of the Commission of 21 March 1975 concerning invitations to tender for the costs of manufacture and delivery of butteroil as food aid to the countries of the Sahel and Ethiopia

No L 74/30                                 Official Journal of the European Communities                            22 . 3 . 75
                                 REGULATION ( EEC) No 750/75 OF THE COMMISSION
                                                           of 21 March 1975
                concerning invitations to tender for the costs of manufacture and delivery of
                            butteroil as food aid to the countries of the Sahel and Ethiopia
 THE COMMISSION OF THE EUROPEAN                                        HAS ADOPTED THIS REGULATION :
 COMMUNITIES,
                                                                                              Article 1
 Having regard to the Treaty establishing the European
 Economic Community ;
                                                                      When a decision is taken to supply butteroil in accor­
                                                                      dance with Regulation (EEC) No 3235/74 the invita­
 Having regard to Council Regulation ( EEC) No                         tion to tender referred to in Article 2 of Regulation
 804/68 (') of 27 June 1968 on the common organiza­                   (EEC) No 530 /74 shall be undertaken according to
 tion of the market in milk and milk products, as last                 the detailed rules laid down in this Regulation .
 amended by Regulation ( EEC) No 465/75 (2), and in
 particular Articles 6 (7) and 28 thereof ;
                                                                                              Article 2
Whereas Council Regulation (EEC) No 3235/74 (3) of
 17 December 1974 on the supply of butteroil as food                   1 . The intervention agency concerned shall give
aid to the countries of the Sahel , Ethiopia and Somalia               notice of an invitation to tender indicating in parti­
                                                                       cular :
under Regulation (EEC) No 530/74 provides for the
 placing at the disposal of those countries of 4 050                  — the location of the ' coldstore where the butter
 metric tons of butteroil to be drawn on the 4 400
                                                                           which is to be manufactured into butteroil is in
 metric tons reserve stock provided for in Council                         stock ;
 Regulation ( EEC) No 530/74 (4) of 4 March 1974
 laying down general rules for the supply of milk fats                — the quantity of butteroil to be delivered ;
as food aid to certain developing countries and certain
                                                                      — the destination and means of delivery ;
 international organizations ; whereas, pursuant to Arti­
cles 2 and 3 of Regulation ( EEC) No 3235/74, the                     — the insurance arrangements for the goods to be
Community shall take in charge the delivery to the                         transported ;
 places of destination and shall pay in whole or in part              — the closing date and address for the receipt of
directly to the recipient country the costs of                             tenders ;
 forwarding from the cif stage in the form of a
 lump-sum contribution , where the supply agreement                   — the date on which delivery is to take place .
so. provides ;
                                                                       2.    The   notice of invitation  to  tender shall    be
                                                                       published in the Official Journal of the European
Whereas, pursuant to Article 2 of Regulation (EEC)                     Communities at least 10 days before the closing date
 No 530/74, the costs of processing, packing and                       for the submission of tenders . Besides , the interven­
 forwarding of the different supplies, to the cif stage or,           tion agency may make other publications .
where relevant, to the places of destination , shall in
 principle be determined by the tendering procedure ;
                                                                       3 . The intervention agency shall take the measures
                                                                       necessary to enable interested parties to examine at
Whereas the procedure to be adopted for .this                         their own costs, before submitting a tender, samples
                                                                       from the butter.
tendering should in the main be the procedure used
hitherto in similar cases ;
                                                                                              Article 3
Whereas the measures provided for in this Regulation
are in accordance with the Opinion of the Manage­                     The invitation to tender shall be open to processing
 ment Committee for Milk and Milk Products,
                                                                      undertakings approved for this purpose by the
                                                                       Member State on whose territory the processing is to
(')  OJ No  L. 1 48 , 28 . 6 . 1968 , p. 13 .                         take place . Only those undertakings which can fulfil
(-') OJ No  L  52, 28 . 2 . 1975, p. 8 .
(->) OJ No  L  346, 24 . 12 . 1974, p.                                the obligations provided for in this Regulation may be
(■») OJ No  L  65 , 7 . 3 . 1974, p. 1 .                              approved .
 ---pagebreak---  22 . 3 . 75                             Official Journal of the European Communities                           No L 74/ 31
                            Article 4                               in favour of the intervention agency, or of a bank
                                                                   guarantee which satisfies the criteria fixed by this
 1 . Tenders shall be submitted in writing and either               Member State .
handed in against a receipt to the intervention agency
or sent by registered letter to the intervention agency.
The intervention agency may also authorize the use of                                       Article 6
telex .
                                                                    1.    The intervention agency shall take the necessary
2. Where the invitation to tender is in respect of                  measures to ensure that the successful tenderer can
several lots no tender may be made for more than one                take delivery of the butter necessary for processing
lot .                                                               into butteroil from the warehouse indicated in his
                                                                   tender.
3.      The tender shall indicate :
(a) the name and address of the tenderer ;                         2.     After leaving the warehouse the butter is
                                                                   submitted to the custom 's or to an administrative
(b) the      coldstore   or coldstores      from    where   the    control with the equivalent guarantees .
      tenderer wishes      to   have    the   butter collected ,
      chosen from the coldstores listed in the notice of           3.     Butteroil delivered for the supply in question
      invitation to tender ;                                        must be manufactured exclusively from the butter for
                                                                   which delivery was taken by the successful tenderer
(c) the port of loading chosen from among Commu­
                                                                   from the intervention agency.
      nity ports ;
(d) the amount tendered , exclusive of taxes, expressed
                                                                                            Article 7
      in the currency of the Member State in which the
      invitation to tender is made and to which the
      tenderer undertakes to make the .delivery in ques­           Taking account of the tenders received and in accor­
      tion ; this amount shall include the purchase price          dance with the procedure laid down in Article 30 of
      of the butter in accordance with the conditions              Regulation (EEC) No 804/ 68 , a maximum amount
                                                                   shall be fixed or else a decision shall be taken to make
      defined     in  Articles    9  and    13 , the  costs  of
                                                                   no award .
      processing, packing and transporting the butteroil
      as well as the insurance costs for the transport of
      the butter and the butteroil to the stage fixed for                                    Article 8
      the delivery.
4.      A tender shall be valid only if it relates to an
                                                                    1.    A tender sfcall be refused if the amount proposed
                                                                   is more than the maximum amount valid for the lot
entire lot put up for tender.
                                                                    in question .
5.      A tender shall be valid only if it is accompanied
by :                                                               2.     Without prejudice to the provisions of paragraph
                                                                    1 the successful tenderer shall be the one whose offer
(a) a document certifying the approval referred to in              quotes the lowest amount converted into units of
      Article 3 ;                                                  account . Where several offers for the same amount
(b) an undertaking from the tenderer that he will                  expressed in units of account are taken into considera­
      respect the conditions laid down by Articles 6 (2)           tion , the award shall be made by drawing lots..
      and 10 ;
                                                                   3.     Each tenderer shall be immediately notified by
(c) a declaration by the tenderer according to which               the intervention agency of the result of his participa­
      he will forgo any claim regarding the quality and            tion in the tendering procedure .
      characteristics of any butter sold to him ;
                                                                   4.     Rights and obligations arising from the award
(d) proof that the security referred to in Article 5 has           shall not be transferable .
      been lodged before the final date for submission
      of offers .
                                                                                            Article 9
6.      The tender may not be withdrawn .
                                                                    1.    Purchase price of the butter is fixed at 195 units
                            A rt icle 5                            of account per 100 kg ex coldstore . For Benelux , this
                                                                   amount shall be multiplied by the factor 1-00725 .
 1.     The security required for the invitation to tender
shall amount to 15 units of account per metric ton of              2.     Subject to the provisions of Article 13 the
butteroil .                                                        successful tenderer shall pay for the butter for which
                                                                   he takes delivery within 90 days following the date
2.      It shall take the form , at the choice of the              fixed by the intervention agency for the loading of the
Member State concerned, either of a cheque made out                butteroil .
 ---pagebreak---  No L 74/ 32                            Official Journal of the European Communities                                22 . 3 . 75
                           Article 10                                ' Beurre destine :
The successful tenderer shall , by the date and at the                 (a) à être transformé en butteroil ,
place fixed , deliver the quantities of butteroil
concerned, which shall satisfy the conditions of                       (b) puis à être exporté au titre de 1 aide alimentaire
quality packaging and marking provided in the Annex                         ( règlement (CEE) n0 3235/ 74'.
to this Regulation .
                                                                     ' Butter bestimmt :
He shall communicate to the intervention agency and
to the recipient country the information required in                   (a) zur Verarbeitung zu butteroil ,
the Regulations related to each individual tendering.
                                                                       (b) alsdann ' zur Ausfuhr als Nahrungsmittelhilfe
                           A rtic/e 1 1
                                                                            (Verordnung (EWG) Nr. 3235/73'.
Where the processing of the butter into butteroil takes              ' Burro destinato :
place in the Member State selling the butter, the
following provisions shall apply :                                     (a) ad essere trasformato in butteroil ,
 1 . In respect of the manufacture and packing of the                  (b) ad essere esportato a titolo di aiuto alimentare
     butteroil , the competent agency of the Member                         ( Regolamento (CEE) n . 3235/74)'.
     State shall ensure that :
                                                                     ' Boter bestemd :
     — the quality and packing conform to Article
           3 (b) of Regulation ( EEC) No 530/ 74, following            (a ) om te worden verwerkt tot butteroil ,
           the certificates provided in the Annex
           concerning the packing,                                     (b) om nadien te worden uitgevoerd als voedsel­
     — the requirements of Article 6 (3 ) are satisfied .                   hulp (Verordening ( EEG ) nr. 3235/74)'.
2. If the agency concerned considers that the relevant               ' Smør bestemt til :
     conditions have been fulfilled, they shall issue a
     certificate of the fact to the successful tenderer .              (a) fremstilling af butteroil
                                                                       (b) herefter eksport som fødevarehjælp ( forordning
                           A rtic/c 12                                      ( EØF) nr. 3235/74)'.
Where the processing of the butter or the removal of
the butteroil from the geographical territory of the                   Where the export control referred to under (b) is
Community takes place in a Member State other than                     completed in a Member State other than that
that which is selling the butter, the proof that the                   where the processing referred to under (a) takes
butter has been processed in accordance with the                       place, the customs office which verifies the
conditions laid down by Article 11(1 ) and /or that                    processing referred to under (a) shall send the
removal from the geographical territory of the                         control copy to the export office of the Member
Community has taken place must be provided by the                      State selling the butter, indicating that it has only
production of the copy of the control document envis­                  verified the processing referred to under (a) and
aged in Article 1 of Commission Regulation ( EEC)                      shall deliver to the interested party, a control copy
No 2315/69 (') of 19 November 1969 concerning the                      as referred to in Article 1 of Regulation ( EEC) No
use of Community transit documents arising from the                    2315/ 69 with boxes 101 , 103 , 1Q4 and 106
application of Community measures following the                        completed ; box 103 shall include the net weight
control of use and /or destination of goods .                          of butteroil resulting from the processing under
                                                                       (a ); box 104 shall include one of the references
Boxes, 101 , 103 and 1 (")4 in the control copy shall be               indicated under 2 below ; box 106 shall include :
completed . Box 104 shall be completed by striking
out the unnecessary references and inserting under                     — the control copy number provided by the
the second indent one of the following phrases :                            export office of the Member State selling the
                                                                            butter as well as the name of that office ;
 1 . If the butter is to be processed in another Member                — the weight of butter used to produce the
     State :
                                                                            butteroil indicated in box 103 .
     ' Butter destined :
                                                                       The customs office which verifies the destination
       (a) to be processed into butteroil , and then
                                                                       of the butteroil under (b) shall endorse the control
       (b) exported as food aid ( Regulation ( EEC) No                 copy provided by the office which verifies the
            3235/ 74)'.                                                processing referred to under (a ) and shall send this
                                                                       copy via the aforesaid office to the export office of
(') OJ No L 295, 24. 11 . 1969 , p. 14 .                               the Member State selling the butter.
 ---pagebreak--- 22 . 3 . 75                          Official Journal of the European Communities                          No L 74/33
2. If the butter is processed into butteroil in the            (a) if the tenderer has not withdrawn his tender before
    Member State selling the butter and is to leave the             the contract is awarded and if the documents
    geographical territory of the Community from                    referred to in the first, second or third indent of
    another Member State :                                          Article 13, as appropriate have been supplied to
                                                                    the intervention agency ;
    ' Butteroil destined to be exported as food aid (Regu­
    lation (EEC) No 3235/74)'.                                 (b) if no award is made .
    ' Butteroil destiné à être exporté au titre de 1 aide
    alimentaire (règlement (CEE) n 0 3235/74)'.                2.       The security shall be released immediately.
    'Als Nahrungsmittelhilfe auszuführendes butteroil
    (Verordnung (EWG) Nr. 3235/74)'.                           3.       In cases of force majeure, the intervention
                                                               agency selling the butter shall determine the measures
      Butteroil destinato ad essere esportato a titolo di      necessary in view of the circumstances invoked .
    aiuto alimentare (regolamento (CEE) n . 3235/74)'.
    ' Butteroil bestemd om te worden uitgevoerd als
    voedselhulp (Verordening (EEG) nr. 3235/74)'.                                       Article /5
    ' Butteroil bestemt til eksport som fødevarehjælp
    (forordning ( EØF) nr. 3235/74)'.                          A certificate of delivery shall be handed over on
                                                               delivery of the goods to the successful tenderer acting
    The customs office which verifies the destination          as an agent of the Community appointed by the
    shall endorse the control copy and shall send this         receiving country or where no such an agent is
    copy to the export office of the Member State              appointed by the local representative of the interven­
    selling the butter.                                         tion agency of the selling Member State .
                          Article 13
                                                                                        Article 16
Upon presentation of the documents referred to :
                                                               The intervention agencies shall immediately inform
— in Articles 11 (2) and 15 and of a customs docu­             the Commission of the names of the undertakings
      ment proving that the product has been removed           entrusted with transportation and the means of trans­
      from the geographical territory of the Community          port used .
      where the processing of the butter and the
      removal of the butteroil have taken place in the
      selling Member State,                                                             Article 17
— in Articles 12(1 ) and 15 , where the processing
      into butteroil takes place in a Member State other        Except in cases of force majeure, the successful
      than that selling the butter,                             tenderer shall accept all financial responsibility which
— in Articles 1 1 (2), 1 2 (2) and 1 5, where the              would have been borne by the Community for non-de­
      processing of butter into butteroil is completed in       livery of the butteroil to the place and by the time
      the territory of the Member State selling the butter      desired , the receiving countries having enabled
      and where the removal from the geographical terri­        delivery to be effected at the place and by the time
      tory of the Community takes place from another           desired . The costs resulting from a non-delivery of
      Member State ,                                            butteroil following a case of force majeure shall be
                                                                borne by the competent agency of the selling Member
                                                                State .
the competent agency of the selling Member State
shall cancel , up to the amount indicated in the tender,
the obligation of the successful tenderer to pay the
purchase price of the butter of which delivery was                                      Article 18
taken , and shall pay to him , within 15 days calculated
from the day of the presentation of the certifying              No refund or compensatory amount (whether mone­
documents envisaged above, the difference between               tary or accession) shall be applicable in respect of
the two amounts, if this difference is to the advantage         butteroil supplied under this Regulation .
of the successful tenderer.
                          Article 14                                                     Article 19
1.      Except in the case of force majeure, the security      This Regulation shall enter into force on the third day
required for the invitation to tender envisaged in              following its publication in the Official Journal of
Article 5 , shall only be released :                            the European Communities.
 ---pagebreak--- No L 74/ 34                      Official Journal of the European Communities                      22 . 3 . 75
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels , 21 March 1975 .
                                                                   For the Commission
                                                                     P. J. LARDINOIS
                                                                Member of the Commission
 ---pagebreak--- 22 . 3 . 75                            Official Journal of the European Communities                                   No L 74/35
                                                               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 7o ;
                 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 .
            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 canisters should be strong enough to withstand a long sea journey and transportation by
                      land in a tropical climate .
                      The cylindrical or cubiform metal canister must pass the following test :
                      — 5 kg canister : when filled to 95 % of its nominal capacity with water at 20° C, it must
                          not leak after dropping from a height of 86 cm on to the edge of the top or of the bottom .
                          Number of samples necessary : 20 ( 10 on the bottom and 10 on the lid).
                      — for 20 kg canisters, the same but from a height of 60 cm .
                      The conformity of the metal canister used with the standards defined above must have been
                      verified by a packaging institute approved by the Member ^ate concerned, delivering an
                      appropriate certificate .
                 2. The metal canisters are packed in cartons containing :
                      — either four 5 kg canisters, or
                      — one 20 kg canister .
                      The cardboard used in the manufacture of the cartons shall be water-resistant . After 24 hours
                      immersion in water, its rupture index (Mullen index) shall be not less than 15 kg/cm 2 . Its
                      rupture index (Mullen index) shall be not less than 29 kg/ cm J for the cardboard of the carton
                      and not less than 13 kg/cm - for the cardboard which separates the 5 kg canisters . The carton
                      shall be firmly sealed with adhesive applied to the entire surface area of the upper and lower
                      flaps . The sealing of the carton shall be reinforced by a self-adhesive band or a hoop made of
                      plastic or any other suitable material .
                      The sealed carton containing either a 20 kg metal canister or four 5 kg canisters filled to
                      95 % of their capacity with water must resist three falls from a height of 1-20 m on three
                      different edges belonging to different axes.
                      The conformity of the cardboard cartons used with the standards defined above must be veri­
                      fied by a packaging institute approved by the Member State concerned, delivering an appro­
                      priate certificate .
                  3 . 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 possible addition of
                           'Supplied by the World Food Programme') ;
 ---pagebreak--- No L 74/36                          Official Journal of the European Communities                                      22 . 3 . 75
                    (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.
           III . Special provisions
                 As regards certain special destinations for projects concerning supplies in view of milk reconstitu­
                 tion, special measures shall possibly be fixed in the Regulation of the individual invitation to
                 tender.