31974R0074
No L 9 /32 Official Journal of the European Communities 11 . 1 . 74
REGULATION ( EEC) No 74/ 74 OF THE COMMISSION of 8 January 1974 concerning the issue of an invitation to tender for the supply as food aid of skimmed-milk powder to be purchased on the Community market
THE COMMISSION OF THE EUROPEAN accordance with Article 5 (2) of Council Regulation COMMUNITIES , (EEC) No 1014/68 (5) of 20 July 1968 laying down general rules for the public storage of skimmed-milk powder, as last amended by Regulation (EEC) No Having regard to the Treaty establishing the European 1211 /69 (6) ; whereas this would ensure, as required by Economic Community ; Article 2(2) of Regulation (EEC) No 2721 /72, that the normal development of prices on the market is not disturbed, while avoiding a higher financial burden for the Community ; 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 Whereas the supply, for delivery fob, must be put out amended by the Act (2) concerning the Conditions of to tender, the tendering procedure being set out in Accession and the Adjustments to the Treaties, and in Commission Regulation ( EEC) No 191 1 /73 ( 7) of 13 particular Article 7 (5) thereof ; July 1973 concerning invitations to tender for the supply as food aid of skimmed-milk powder bought on the Community market ; whereas, however, applica Having regard to Council Regulation (EEC) No tion of that Regulation requires that points, notably 2721 /72 (3) of 19 December 1972 on the supply of the destination of the skimmed-milk powder, the time skimmed-milk powder as food aid, as last amended by limit for the submission of tenders and the terms of Regulation ( EEC) No 2700 /73 (4), and in particular delivery, be further specified ; Article 4 thereof ;
Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage Whereas Regulation ( EEC) No 2721 /72 provides, inter ment Committee for Milk and Milk Products, alia, for the supply of 29 450 metric tons of skimmed milk powder to the World Food Programme , whereas that Regulation also provides that, if the skimmed milk powder in public stocks does not have the characteristics necessary for a specific destination, supplies may be ensured by the purchase of skimmed HAS ADOPTED THIS REGULATION : milk powder on the Community market ;
Whereas the WFP has made a request for 4 852-7 Article 1 metric tons of skimmed-milk powder for shipment to third countries ; whereas since the recipient countries concerned are a long way from the Community, a 1 . Pursuant to Regulation ( EEC) No 1911 /73 , the stronger packing is required than that prescribed in Belgian , German , French, Dutch and British interven the case of skimmed-milk powder bojight in under tion agencies shall issue an invitation to tender for the intervention arrangement, whereas the skimmed-milk supply to the World Food Programme for shipment powder must therefore be purchased on the Commu to India of 4 852-7 metric tons of skimmed-milk nity market ; powder from the Community market.
2 . The skimmed-milk powder shall be delivered Whereas, given the present situation on the market in fob, in the following lots : skimmed-milk powder which is characterised by rela tively high prices, the successful tenderer should be — lot A : 700 metric tons, allowed to purchase an equal quantity of skimmed milk powder from public stocks at a price fixed in — lot B : 700 metric tons, — lot C : 700 metric tons, (!) OJ No L 148 , 28 . 6. 1968 , p. 13 . (2) OJ No L 73 , 27. 3 . 1972, p. 14. (5 ) OJ No L 173, 22. 7. 1968 , p. 4. (3) OJ No L 291 , 28 . 12. 1972, p. 28 . (6) OJ No L 155, 28 . 6 . 1969 , p. 13 . (4) OJ No L 279, 5. 10 . 1973, p. 1 . 7 OJ No L 196, 17. 7. 1973 , p. 12.
11 . 1 . 74 Official Journal of the European Communities No L 9 / 33
— lot D : 700 metric tons, Regulation (EEC) No 804/ 68 equal to the quantity — lot E : 752-7 metric tons, supplied by him . The contract of sale shall be — lot F : 900 metric tons, concluded within 10 days of the delivery referred to in — lot G : 400 metric tons . Article 1 (3). 2. The skimmed-milk powder shall be sold ex ware 3 . Delivery of the lots referred to in paragraph 2 shall take place on a date to be set by the intervention house at a price equal to the buying-in price applied by the relevant intervention agency when the contract agency concerned, such date to be : — after 1 and before 17 March 1974 for lots A to D, was concluded, plus 2 units of account per 100 kg. — after 14 and before 31 March 1974 for lots E to G. 3 . The buyer shall pay the intervention agency for the skimmed-milk powder prior to taking it over Article 2 pursuant to paragraph 4. 4 . The buyer shall take over the skimmed-milk The skimmed-milk powder concerned shall be packed powder within 12 days of the day on which the in 25 kg bags meeting the specifications set out in the Annex . contract of sale is concluded . This operation may be effected in stages. Article 3 Except in cases of force majeure, if the buyer fails to take over the skimmed-milk powder within the period The Community port indicated in the tender must be specified the sale shall be cancelled in respect of the accessible to seagoing vessels . quantities remaining and the successful tenderer shall not be allowed to conclude a fresh contract at a later Article 4 date . The time limit for the submission of tenders shall 5 . The right conferred on the successful tenderer expire at 12 noon on 22 January 1974. by this Article shall not be transferable .
Article 5 Article 6 1 . The relevant intervention agency shall, at his This Regulation shall enter into force on the day request, sell to the successful tenderer a quantity of following its publication in the Official Journal of skimmed-milk powder bought in under Article 7 of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 8 January 1974. For the Commission
The President Francois-Xavier ORTOLI
No L 9 / 34 Official Journal of the European Communities 11 . 1 . 74
ANNEX
I. Packing : (a) net weight of contents 25 kg, (b) composition of packing : 1 Kraft paper bag of a strength of at least 80 g/m 2 , 3 Kraft paper bags of a strength of at least 70 g/m 2 , 1 interposed tar-lined paper bag of a strength of at least 140 g/m 2 ( 1 ), 1 separate inner bag of polyethylene of at least 0 08 mm thickness, closed by double binding.
II . Marking of packing : The bag must bear, in the language specified by the relevant agency, the following particulars : (a) port of destination , (b) description 'skimmed-milk powder , (c) the words : 'Gift of the European Communities — World Food Programme Action', (d) net weight : '25 kg , (e) name and address of the successful tenderer, (f) lot number and number of bags comprising the lot.
(') This bag may be replaced by a Kraft bag lined with polyethylene of total combined strength of at least 80 g + 15 g per m 2 .