31973R1911

No L 196/ 12 17. 7 . 73 Official Journal of the European Communities

REGULATION (EEC) No 1911/73 OF THE COMMISSION

of 13 July 1973

concerning invitations to tender for the supply as food aid of skimmed-milk powder bought on the Community market

THE COMMISSION OF THE EUROPEAN concerning the methods of application of public COMMUNITIES, stocks of skimmed-milk powder, as last amended by Regulation (EEC) No 454/73 (5). For packaging and Having regard to the Treaty establishing the European the description on packs, the requirements shall be Economic Community ; fixed case by case. With each supply, there shall be a quantity of empty sacks representing 2 % of the Having regard to Council Regulation (EEC) No number of sacks making up the shipment. 804/68 (!) of 27 June 1968 on the common organiza­ tion of the market in milk and milk products, as last Article 2 amended by the Act (2) concerning the Conditions of Accession and the Adjustments to the Treaties, and in particular Article 7 (5) thereof ; Supply shall be made by a date fixed, whether at the fob or cif stage or at a determined place of destina­ Having regard to Council Regulation (EEC) No tion, in accordance with agreements concluded with 2721 /72 (3) of 19 December 1972 on the supply of the benefiting countries or agencies skimmed-milk powder as food aid, and in particular Article 4 thereof ; Article 3 Whereas Regulation (EEC) No 2721 /72 provides in 1 . For each individual supply, the competent particular that, if available supplies in public stocks in agency of the Member States shall invite tenders at the Community are insufficient, supplies may be the same time . ensured by the buying of skimmed-milk powder on the Community market and that in this case, the cost of this exercise shall be carried out in accordance with 2. The competent intervention agencies shall draw a tendering procedure ; up a notice of invitation to tender, whose publication in the Official Journal of the European Communities Whereas, in determining the rules which, under this shall be made at least ten days before the time limit fixed for the presentation of offers. tendering procedure, should apply to such purchases and deliveries, it is essential to follow the rules laid down for similar cases up to the present time ; Article 4 Whereas the measures provided for in this Regulation 1 . Interested parties shall take part in the individual are in accordance with the Opinion of the Manage­ ment Committee for Milk and Milk Products : invitation to tender either by delivery by hand of a written offer to the intervention agency against receipt or by registered letter addressed to the intervention agency. The intervention agency may also authorize HAS ADOPTED THIS REGULATION : the use of telex .

2. Where the invitation to tender relates to several Article 1 lots, each tender shall only be for one lot.

1 . In cases where, by virtue of Regulation (EEC) No 3 . The tender shall specify in particular : 2721 /72 it is decided to supply skimmed-milk powder (a) the name and address of the tenderer ; as food aid, purchased on the Community market in accordance with Article 2 (2) of the aforesaid Regula­ (b) the port of loading which shall be one of the ports tion, the rules provided by this Regulation shall apply. of the EEC if sea transport is involved ;

(c) the amount tendered, exclusive of taxes, expressed 2. The skimmed-milk powder shall correspond to in the currency of the Member State in which the the quality set out in Annex 1 of Commission Regula­ tender is submitted and to which the tenderer tion (EEC) No 1 108/68 (4) of 27 July 1968, undertakes that he will deliver the quantity of skimmed-milk powder to which his tender refers, (>) OJ No L 148 , 28 . 6. 1968 , p. 13 . in accordance with the stipulated conditions. (2) OJ No L 73, 27 . 3 . 1972, p. 14. (3) OJ No L 291 , 28 . 12. 1972, p . 28 . (4) OJ No L 184, 29 . 7. 1968 , p . 34. (5) OJ No L 53, 26 . 2. 1973 , p. 7.

17 . 7. 73 No L 196/ 13 Official Journal of the European Communities

The amount tendered shall include the insurance 2. The successful tenderer shall within the pres­ costs of transport to the agreed point of delivery. cribed time limits, furnish to the recipient countries and to the intervention agency the information 4. The tender shall only be valid if : required in the notice of invitation to tender. (a) it is for all the lot to which the invitation to tender relates ; Article 9 (b) proof is furnished that before expiry of the time limit for submission of tenders, the tenderer has 1 . The competent authority of the Member State in . given the security fixed in Article 5. which the tender was accepted shall check that the quality and packaging of the skimmed-milk powder 5. The tender may not be withdrawn . concerned satisfy the requirements of Article 1 (2).

Article 5 2. If the skimmed-milk powder satisfies those requirements, that authorities shall , before the 1 . The tendering security shall be 10 units of customs formalities referred to in Article 10 ( 1 ) are account per metric ton of skimmed-milk powder. completed, issue a certificate to the successful tenderer to the effect that the conditions referred to in para­ 2. It shall be paid, at the choice of the Member graph 1 of this Article are fulfilled. State, either by a cheque made out to the intervention agency, or in the form of a guarantee meeting the 3 . Upon delivery being effected, proof thereof shall criteria laid down by the Member State concerned. be furnished by a declaration from the recipient country or agency establishing that the lot, which had Article 6 been put up for tender, was received within the pres­ cribed time-limits . In the light of the tenders received and in accordance with the procedure laid down in Article 30 of Regula­ Article 10 tion (EEC) No 804/68 , a maximum amount expressed in units of account shall be fixed or the tendering 1 . Export customs formalities shall be completed in procedure shall be cancelled. the Member State in which the tender was accepted.

Article 7 2. If the port specified in the tender is not in the Member State in which the export customs formalities 1 . The tender shall be rejected if the amount were completed, the product shall, upon completion proposed, converted into units of account, is higher of the formalities, be placed under a customs control than the maximum amount valid for the lot in ques­ procedure which will ensure that it is shipped from tion . the port named in the tender. 2. Without prejudice to paragraph 1 , the successful tenderer shall be the one who submitted the lowest Proof of shipment can only be furnished by tender in terms of units of account . Where several producing the control copy referred to in Article 1 of Regulation (EEC) No 2315/69 . tenders at the same proposed amount when converted into units of account, are to be taken into considera­ Boxes Nos 101 , 103 and 104 on the control copy shall tion by the same intervention agency, the contract be completed . Box No 104 shall be completed by dele­ shall be awarded by drawing lots. In the case where ting what is inapplicable and by inserting one of the these tenders are made to different intervention agen­ following entries against the second indent : cies, the contract shall be awarded by the intervention agency determined in accordance with the procedure — livraison .... (fob ou caf) de lait écrémé en set out in Article 6 . poudre à titre d'aide alimentaire (Règlement (CEE) No . . ./73) destinée à être embarquée au port de 3 . Each tenderer shall be immediately informed by the intervention agency of the result of his participa­ tion in the tender. — Lieferung .... (fob oder cif) von Magermilch­ pulver als Nahrungsmittelhilfe (Verordnung 4. Rights and obligations arising out of the invita­ (EWG) Nr. . . ./73) zur Verschiffung im Hafen tion to tender shall not be transferable . von bestimmt'

— Fornitura .... (fob o cif) di latte scremato in Article 8 polvere a titolo di aiuto alimentare (regolamento (CEE) n . . . ./ 73) destinata ad essere imbarcata nel 1 . The successful tenderer shall, in accordance with porto di ' the terms prescribed for each particular individual invi­ tation to tender, deliver the skimmed-milk powder to — levering .... (fob — cif) van magere melkpoeder which the tender relates, and which satisfies the als voedselhulp (verordening (EEG) nr. . . ./73) requirements of quality and packing set out in Article bestemd om te worden verscheept in de haven van 1 (2) of this Regulation .

No L 196/ 14 Official Journal of the European Communities 17 . 7. 73

— 'levering .... (fob eller cif) af skummet­ fixed in the agreement underwritten with this mælkspulver som fødevarehjælp (forordning (EØF) organization. nr /73) bestemt til lastning i havnen — of the amount corresponding to the distribu­ i tion costs incurred by the International Red — 'delivery .... (fob or cif) as food aid of skimmed­ Cross Committee to that body 'upon presenta­ milk powder (Regulation (EEC) No . . . ./73) to tion of supporting documents. be shipped from the port of

Article11¶

1 . Except in the case, of force majeure, the Save in cases of force majeure, when the World Food tendering security shall be released only if : Programme or the International Red Cross (a) the tender has not been accepted ; Committee or the recipient country concerned have (b) if the tenderer made it possible for delivery to be made at the time — has not withdrawn his tender before the award and place prescribed and the successful tenderer fails following the invitation to tender has been to make delivery at such time and place, the made ; successful tenderer shall be liable to the Community for all the costs which the Community may have to — has furnished the certificates provided for in incur by reason of the non-delivery. In cases of force Article 9 (2) and (3). majeure, the cost of non-delivery of the skimmed­ 2. The security shall be released immediately. milk powder shall be borne by the competent authority of the Member State in which the tender 3 . In the event of force majeure, the intervention was made . agency shall determine the measures it considers necessary in the light of the circumstances invoked.

Article14¶

1 . The amount envisaged under Article 4 (3) (c) No refund or monetary compensatory amount or shall be paid only upon presentation of the certificates compensatory amount provided for in the Act referred to . in Article 9 (2) and (3). annexed to the Treaty of Accession shall be granted in respect of skimmed-milk powder delivered pursuant 2. The competent authority of the Member State in to this Regulation. which the successful tender was lodged shall ensure that as soon as possible, payment shall be made ;

(a) of the amount referred to in paragraph 1 to the Article 15 successful tenderer ;

(b) where appropriate : This Regulation shall enter into force on the day — of a flat-rate contribution to the WFP, corres­ following its publication in the Official Journal of ponding to the transport and distribution costs, the European Communities.

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

Done at Brussels, 13 July 1973.

For the Commission

The President

François-Xavier ORTOLI