31972R2537

120 Official Journal of the European Communities

5.12.72 Official Journal of the European Communities No L272/ 15

REGULATION (EEC) NO 2537/72 OF THE COMMISSION

of 4 December 1972 concerning invitations to tender for the supply of butteroil to the World Food Programme

THE COMMISSION OF THE EUROPEAN COMMUNI­ HAS ADOPTED THIS REGULATION : TIES, Article 1 Having regard to the Treaty establishing the European 1 . In accordance with the terms set out in this Regula­ Economic Community ; tion, tenders shall be invited for the supply to the WFP of butteroil manufactured from butter bought in under Having regard to Council Regulation (EEC) No 804/68 Article 6(1) of Regulation (EEC) No 804/68. of 27 June 1968 on the common organization of the market in milk and milk products 1 , as last amended by 2. Delivery shall be fob port of loading. Regulation (EEC) No 141 ^/7 1 2, and in particular Article 6 ( 7) thereof;

Article 2 1 . The tendering procedure provided for in Article 1 Whereas Council Regulation (EEC) No 1692/ 72 of 20 shall be organized by the intervention agencies of the August 1972 laying down general rules for the supply of Member States in accordance with provisions still to be milk fats to the World Food Programme and to determined . UNWRA 3 makes provision for the supply to the World Food Programme, hereinafter referred to as 'the WFP', of 13 000 metric tons of butteroil manufactured from 2. The intervention agency shall draw up a notice of in­ butter held by intervention agencies ; vitation to tender which shall be published in the Official Journal of the European Communities hot less than ten days before the closing date for submission of tenders. Whereas Article 2 (2) of Regulation (EEC) No 1692/72 3 . In its notice of invitation to tender the intervention provides that the butteroil must be supplied under a ten­ agency shall indicate the storage depots in which the but­ dering procedure organized by the appropriate agencies ter intended for the manufacture of butteroil is stored of the Member States in accordance with provisions still and shall take all necessary steps to allow interested par­ to be determined ; ties to examine samples of the butter at their own ex­ pense prior to submitting a tender. Whereas this tendering procedure should, for the most part , be based on that hitherto applied in respect of sup­ Article 3 plies to the WFP and, in particular, on the terms set out in Commission Regulation (EEC) No 900/ 70 of 19 May Participation m the tendering procedure shall be con­ 1970 concerning invitations to tender for the supply of fined to processing undertakings approved for this pur­ 16 000 metric tons of butteroil to the World Food pose by the Member State on whose territory processing Programme4, as last amended by Regulation (EEC) No is to take place. Only undertakings which are capable of 789/ 7 1 5 ; fulfilling the obligations set out in the Regulation may be approved.

Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Management Article 4 Committee for Milk and Milk Products . 1 . Tenders shall be submitted either by hand, against receipt , to the intervention agency or by registered letter addressed to the intervention agency . The intervention 1 OJ No L 148, 28.6.1968, p. 13 . agency may also authorize the use of telex. 2 OJ No L 148-, 3.7.1971 , p. 4. 3 OJ NoL 178, 5.8.1972, p. 1 . 2 . Where the invitation to tender covers a number of ? OJ NoL 108, 20.5.1970, p. 13 . 3 OJN0L86, 16.4.1971 , p. 24. lots , each tender may relate to one lot only .

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3 . The tender shall state : Articles (a) the name and address of the tenderer ; 1 . The tender shall be rejected if the amount proposed is higher than the maximum amount fixed for the lot in (b) the amount , expressed in the currency of the Member question. State in which the invitation to tender is issued, at which the tenderer undertakes to deliver the butteroil 2 . Without prejudice to paragraph 1 , the contract shall fob ; this figure shall include the purchase price of the be awarded to the tenderer proposing the lowest amount butter under the conditions set out in Article 9 and in his tender. Where a number of tenders quoting the Article 13(1 ) and the cost of processing, packaging same amount expressed in units of account must be con­ and delivering the butteroil to the fob stage ; stowage sidered, the contract shall be awarded by drawing lots . costs are excluded; (c) the storage depot or depots at which the tenderer 3 . Each tenderer shall be immediately informed of the wishes to collect the butter, chosen from among the result of his participation in the invitation to tender. storage depots listed for each lot ; (d) the port of loading chosen from among the following ; 4 . Rights and obligations arising out of the invitation to tender shall not be transferable. Antwerp, Bremen , Dunkirk , Genoa, Hamburg, Le Havre, Marseilles , Rotterdam and Trieste.

A rticle 9 4 . A tender shall not be valid unless it relates to an en­ tire lot put up for tender. 1 . The purchase price of the butter shall be 186 units of account per 100 kilogrammes ex cold storage depot . 5 . A tender shall not be valid unless : 2 . Subject to the provisions of Article 13(1 ), the tender­ (a) it is accompanied by evidence of the approval re­ er shall pay for the butter delivered within 45 days of the ferred to in Article 3 ; date fixed by the intervention agency for the delivery fob (b) the tenderer gives an undertaking that he will comply of the butteroil . with Article 6 ( 2) and Article 10 ;

(c) the tenderer includes a declaration that he will forgo A rticle 10 any claim regarding the quality and characteristics of any butter sold ; 1 . The successful tenderer shall deliver the quantity of butteroil covered by the tender and meeting the quality (d) proof is furnished that the tenderer lodged the deposit and packaging requirements set out in the Annex to this referred to in Article 5 before the time limit for the Regulation fob to the port indicated in the tender on the submission of tenders expired. date specified by the intervention agency . The butteroil shall be treated as delivered fob when the butteroil cross­ A rticle 5 es the rail of the ship at the port of loading. 1 . The tendering deposit shall be 10 units of account per metric ton of butteroil . 2 . The successful tenderer shall submit to any quantita­ tive control carried out at the port by the representative 2 . It shall be paid, at the discretion of the Member State of the WFP . He shall for this purpose supply a list of the concerned, either in the form of a cheque made out to the lots making up the consignment . intervention agency , or in the form of a guarantee meet­ ing criteria laid down by the Member State concerned. Article 11

A rticle 6 Where processing into butteroil or delivery fob is effect­ ed in the selling Member State : 1 . The intervention agency shall take all necessary steps to allow the successful tenderer to collect the butter re­ 1 . The appropriate agency of the Member State in which these operations take place shall at the time of manu­ quired for the manufacture of the butteroil from the stor­ age depot specified in his tender. facture or packaging : - subject the butteroil to the inspection referred to 2 . The butteroil to be supplied under this procedure in Article 3(b) of Regulation (EEC) No 1692/ 72; must be manufactured exclusively from butter collected - ensure that Article 6 ( 2) has been complied with . by the successful tenderer for this purpose from the inter­ vention agency . 2. If the agency in question finds that the requisite con­ ditions have been met, it shall issue a certificate to Article 7 this effect to the successful tenderer.

In the light of the tenders received and in accordance 3 . When the goods have been delivered fob under the with the procedure laid down in Article 30 of Regulation conditions referred to in Article 10, the appropriate (EEC) No 804/68, a maximum amount shall be fixed or agency in the Member State in which loading takes a decision shall be taken not to proceed with the invita­ place shall , on production of the certificate referred tion to tender . to in paragraph 2 , issue a loading certificate.

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Article 12 from the office which controlled the processing indi­ cated in 1 and return this copy through that office to Where processing into butteroil or delivery fob is effect­ the office of departure in the selling Member State. ed in a Member State other than the selling Member State, proof that the goods have been delivered fob under (b) where the butter processed into butteroil is to be de­ the conditions referred to in Article 10 shall be given by livered fob in another Member State : the production of the control copy referred to in Article ' Butteroil destine à la livraison fob au PAM , au titre 1 of Commission Regulation (EEC) No 2315/69 of 19 du règlement (CEE) no 2537/ 72' November 1969 on the use of Community transit docu­ ments for the purpose of applying Community measures 'Zur Lieferung fob an das WEP bestimmtes butteroil for verifying the use and/or destination of goods . gemäß Verordnung (EWG) Nr. 2537/ 72'

' Butteroil destinato ala consegna fob al PAM , in Sections 101 , 103 and 104 of the control copy shall be virtù del regolamento (CEE) n. 2537/ 72' completed. Section 104 shall be completed by deleting ' Butteroil bestemd voor levering fob aan het WVP , what does not apply and inserting one of the following in the second indent : overeenkomstig Verordening (EEG) nr. 2537/ 72' ' Butter for delivery fob to the WFP under Regulation (a) where the butter is to be processed in another Mem­ ber State : (EEC) No 2537/ 72.'

Article 13 'beurre destiné 1 , à être transforme en butteroil, 1 . On production of the documentary evidence referred 2 , puis à être livré fob au PAM to : ay titre du règlement (CEE) no 2537/ 72' - in Article 1 1 ( 2) and ( 3), where the butter is processed and delivery fob effected in the selling Member State ; ' Butter bestimmt 1 . zur Verarbeitung zu butteroil, - in Article 1 1 ( 2) and Article 12 (b), where the butter is 2. alsdann zur Lieferung fob an processed in the selling Member State and delivery das WEP gemäß Verordnung fob is effected in another Member State ; (EWG) Nr. 2537/ 72' ' Burro destinato 1 . ad essere trasformato m butter­ - in Article 12 (a), where the butter is processed into butteroil in a Member State other than the selling oil , Member State, 2. ad essere poi consegnato fob al PAM a titolo del regola­ the appropriate agency of the Member State in which the mento (CEE) n. 2537/ 72' butter is processed into butteroil shall cancel the tender­ ' Boter bestemd 1 . om te worden verwerkt tot but­ er's obligation to pay the purchase price of the butter up teroil , to the amount indicated in the tender and shall , within 1 5 days of production of the documentary evidence indicat­ 2 . om nadien fob te worden ge­ ed above, pay him the difference between these two leverd aan het WVP krach­ sums , if the difference is in favour of the tenderer. tens Verordening (EEG) nr. 2537/ 72' Where the obligation is cancelled in a Member State oth­ ' Butter 1 . for processing into butteroil er than the selling Member State, the appropriate agency and of the first Member State shall immediately inform the appropriate agency of the selling Member State of the 2 . for subsequent delivery fob to the WFP under Regulation sum affected by the cancellation . (EEC) No 2537/ 72.' " 2 . Furthermore, the appropriate agency of the Member Where the control of the destination indicated in 2 is State on whose territory processing took place shall v carried out in a Member State other than that in within a maximum period of 60 days , transfer to the which the processing indicated in 1 is effected, the WFP a sum of 87*5 units of account per metric ton of customs office under whose control the processing butteroil delivered, representing a contribution towards indicated in 1 is effected shall return the control copy the cost of forwarding and distributing the butteroil . to the customs office of departure with" a note to the Article 14 effect that it has merely controlled the processing indicated in 1 and issue to the interested party the Except in cases of force majeure, the tenderer shall as­ control copy referred to in Article 1 of Regulation sume responsibility for any financial consequences (EEC) No 2315/69 with Sections 101 , 103, 104 and which failure to deliver the butteroil at the time and 106 duly completed. Section 104 shall include one of place specified might have for the Community , delivery the endorsements set out under (b) below ; section at the time and place specified having been made possi­ 106 shall indicate t^e number of the control copy ble by the WFP . Where the butteroil is not delivered for from the office of departure and the name of this of­ reasons of force majeure, the resultant costs shall be fice. The customs office which controls the destina­ borne by the appropriate agency of the Member State in tion indicated in 2 shall endorse the control copy which processing took place.

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Article 15 3 . In cases of force majeure, the selling intervention agency shall determine the measures judged to be neces­ 1 . Except in cases offorce majeure, the tendering deposit provided for in Article 5 shall he released only : sary in view of the circumstances invoked .

(a) if the tenderer has not withdrawn his tender before a Article 16 decision on the award of contracts has been taken if he has supplied the intervention agency with the No refund or compensatory amount shall be applied to the butter or butteroil covered by this Regulation. documentary evidence indicated in the first, second or third indent, as the case may be, of Article 13(1 ); Article 17 (b) if the tender is not taken into consideration. This Regulation shall enter into force on the third day following its publication in the Official Journal of the 2. The deposit shall be released immediately . European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 4 December 1972 .

For the Commission The President S. L. MANSHOLT