31973R1885

13 . 7 . 73 Official Journal of the European Communities No L 192/ 31

REGULATION ( EEC) No 1885 /73 OF THE COMMISSION of 12 July 1973 concerning invitations to tender for the costs of delivery, as food-aid, of skimmed-milk powder held by the intervention agencies

THE COMMISSION OF THE EUROPEAN I to Commission Regulation (EEC) No 1 108 /68 (4) of COMMUNITIES , 27 July 1968 on detailed rules of application for public storage of skimmed-milk powder, as last Having regard to the Treaty establishing the European amended by Regulation ( EEC) No 454/73 (5). Economic Community ;

Article 2 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 1 . Delivery shall be made by a date to be fixed , amended by the Act (2) concerning the Conditions of whether fob, cif or to a specified place of destination , Accession and the Adjustments to the Treaties, and in according to the agreements concluded with the recipi­ particular Article 7 (5) thereof ; ent countries or agencies .

Whereas Council Regulation ( EEC) No 2721 /72 (3) of 2 . The skimmed-milk powder shall be removed 19 December 1972 on the supply of skimmed-milk from the storage depots listed by the intervention powder as food aid provides that skimmed-milk agency concerned and referred to in the tender. powder may, depending on the amounts available in the Community, be supplied by drawing on stocks held by the intervention agencies and that delivery Article 3 costs shall , as a general rule , be determined by the tendering procedure ; The delivery costs of the skimmed-milk powder after its removal from the storage depots of the interven­ Whereas , in determining the rules which , under this tion agency and until its acceptance by the recipient invitation to tender, should apply to deliveries of country or agency shall be determined by a tendering skimmed-milk powder, the procedure hitherto procedure . followed for the supply of butteroil as food aid should, in the main , be adopted ; Article 4 Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ 1 . The competent authority of the Member State ment Committee for Milk and Milk Products ; concerned shall for each individual delivery issue an invitation to tender .

2. The intervention agency shall draw up a notice HAS ADOPTED THIS REGULATION : of invitation to tender which shall specify in parti­ cular :

— the location of the stored skimmed-milk powder, Article 1 — the quantities of skimmed-milk powder to be transported , 1 . In cases where, by virtue of Regulation ( EEC) No 2721 /72, it is decided to make a delivery of skimmed­ — the destination , milk powder as food aid, bought by the intervention — the time-limit within which, and the place where, agencies by virtue of Article 7(1 ) of Regulation (EEC) tenders must be submitted , No 804/ 68 , the rules set out in this Regulation shall apply. — the date on which delivery must be made .

3 . The notice of invitation to tender shall be 2. At the time it is withdrawn from stock , the skimmed-milk powder shall, as to quality and published in the Official Journal of the European packing, satisfy the requirements laid down in Annex Communities at least ten days before the closing date for tenders . (') OJ No L 148 , 28 . 6 . 1968 , p . 13 . (2) OJ No L 73 , 27 . 3 . 1972, p . 14. c4 ) OJ No L 184, 29 . 7 . 1968 , p . 34 . (>) OJ No L 291 , 28 . 12. 1972, p . 28 . (5 ) OJ No L 53 , 26 . 2 . 1973 , p . 7 .

No L 192/ 32 Official Journal of the European Communities 13 . 7 . 73

Article 5 than the maximum amount valid for the delivery in question . 1 . Tenderers responding to a partial invitation to tender shall submit their tenders to the intervention 2. Without prejudice to paragraph 1 , the successful agency, in writing, either by delivery by hand, against tenderer shall be the person who submitted the lowest receipt, or by registered letter addressed to the inter­ tender in terms of units of account . "Where several vention agency. The intervention agency may also tenders in the same amount when converted into authorize the use of telex . units of account are to be taken into consideration , the contract shall be awarded by drawing lots. 2 . Where the invitation to tender relates to several lots, each tender shall relate only to one lot. 3 . Each tenderer shall be immediately informed by the intervention agency of the result of his participa­ 3 . The tender shall specify in particular : tion in the tender. (a) the name and address of the tenderer, 4. Rights and obligations arising out of the invita­ (b) the port of loading which shall be one of the ports tion to tender shall not be transferable . of the EEC where sea transport, is concerned, (c) the amount tendered, exclusive of taxes , expressed Article 9 in the currency of the Member State in which the tender is submitted and to which the tenderer undertakes that he will effect delivery of the goods When the successful tenderer takes delivery of the to which the invitation to tender refers in accor­ skimmed-milk powder, he shall ensure that the quan­ dance with the stipulated conditions . Transport tity handed over corresponds to the quantity to be de­ livered . shall be achieved in such a way that the quality and packing should be safeguarded. Furthermore, he shall ensure that the packing of the The amount tendered shall include the insurance skimmed-milk powder satisfies the requirements laid costs of transport from the storage depot to the down in Article 1 (2). agreed stage of delivery .

4 . The tender shall not be valid unless : Article 10

(a) it relates to the whole of a lot to which the invita­ Within the prescribed time-limits, the successful tion to tender relates, tenderer shall furnish to the intervention agency and (b) proof is furnished that before expiry of the time to the recipient country or agency the information limit for submission of tenders, the tenderer has required of him under the notice of invitation to given the security fixed in Article 6. tender .

5 . The tender may not be withdrawn . Artide 11

Article 6 1 . Save in the case of force majeure, the tendering security shall be released only if : 1 . The tendering security shall be 2 units of account per metric ton of skimmed-milk powder. (a) the tender has not been accepted ; (b) the tenderer 2. It shall be paid , at the choice of the Member State , either by a cheque made out to the intervention — has not withdrawn his tender before the deci­ agency, or in the form of a guarantee meeting the sion awarding the tender, criteria laid down by the Member State concerned . — has furnished the certificate provided for in Article 12 . Article 7 2. The security shall be released immediately . In the light of the tenders received and in accordance with procedure laid down in Article 30 of Regulation Artie e 12 (EEC) No 804/68 , a maximum amount expressed in units of account shall be fixed or the tendering pro­ The intervention agency shall pay to the successful cedure shall be cancelled . tenderer the amount stated in his tender on presenta­ tion of a declaration drawn up by the recipient Article 8 country or agency certifying that the quantities for which delivery has been taken from the intervention 1 . The tender shall be rejected if the amount agency were received within the prescribed time­ proposed, converted into units of account, is more limits .

13 . 7 . 73 Official Journal of the European Communities No L 192/33

Article 13 annexed to the Treaty of Accession shall be granted in respect of skimmed-milk powder delivered pursuant In the event of force majeure, the intervention agency to this Regulation . shall determine the measures it considers necessary in view of the circumstance which has arisen . Article 1 5 Article 14 This Regulation shall enter into force on the day No refund or monetary compensatory amount or following publication in the Official Journal of the compensatory amount provided for in the Act EH ropea n Co m m u n ities.

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

Done at Brussels, 12 July 1973 . For the Commission The President

Francois-Xavier ORTOLI