31974R0233

No L 26/ 10 Official Journal of the European Communities 30 . 1 . 74

REGULATION (EEC) No 233/ 74 OF THE COMMISSION of 25 January 1974 on 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 normal development of prices on the market is not COMMUNITIES, disturbed, while avoiding a higher financial burden for the Community ; Having regard to the Treaty establishing the European Economic Community ; Whereas the supply, for delivery fob, must be put out to tender, the tendering procedure being set out in Having regard to Council Regulation (EEC) No Commission Regulation (EEC) No 191 1 /73 (7) of 13 804/68 (') of 27 June 1968 on the common organiza­ July 1973 concerning invitations to tender for the tion of the market in milk and milk products, as last supply as food aid of skimmed-milk powder bought amended by the Act (2) on the Conditions of Acces­ on the Community market ; whereas, however, applica­ sion and the Adjustments to the Treaties, and in parti­ tion of that Regulation requires that points, notable cular Article 7 (5) thereof ; the destination of the skimmed-milk powder, the time limit for the submission of tenders and the terms of Having regard to Council Regulation (EEC) No delivery, be further specified ; 2721 /72 (3) of 19 December 1972 on the supply of skimmed-milk powder as food aid, as amended by Whereas account should also be taken of the fact that Regulation (EEC) No 2700/73 (4), and in particular as a result of the reduction of the intervention price in Article 4 thereof ; certain Member States pursuant to Article 2 (2) of Council Regulation (EEC) No 1 188 /73 (8) of 8 May Whereas Regulation (EEC) No 2721 /72 provides, inter 1973 fixing the target price for milk and the interven­ alia, for the supply of 29 450 metric tons of skimmed­ tion prices for butter, skimmed-milk powder and milk powder to the World Food Programme ; whereas Grana Padano and Parmigiano Reggiano cheeses for that Regulation also provides that, if the skimmed­ the 1973/74 milk year, prices of skimmed-milk milk powder in public stocks does not have the powder vary within the Community ; characteristics necessary for a specific destination, supplies may be ensured by the purchase of skimmed­ Whereas the measures provided for in this Regulation milk powder on the Community market ; are in accordance with the Opinion of the Manage­ Whereas the WFP has made a request for 4 852*7 ment Committee for Milk and Milk Products, metric tons of skimmed-milk powder for shipment to India ; whereas since the recipient country concerned is a long way from the Community, a stronger HAS ADOPTED THIS REGULATION : packing is required than that prescribed in the case of skimmed-milk powder bought in under intervention arrangement ; whereas the skimmed-milk powder must therefore be purchased on the Community Article 1 market ; 1 . Pursuant to Regulation (EEC) No 1911 /73, the Whereas, given the present situation on the market in Belgian , German, French, Dutch and British interven­ skimmed-milk powder which is characterized by rela­ tion agencies shall issue an invitation to tender for the tively high prices, the successful tenderer should be supply to the World Food Programme for shipment allowed to purchase an equal quantity of skimmed­ to India of 4 852-7 metric tons of skimmed-milk milk powder from public stocks at a price fixed in powder from the Community market. accordance with Article 5 (2) of Council Regulation (EEC) No 1014/68 (5) of 20 July 1968 laying down 2. The skimmed-milk powder shall be delivered general rules for the public storage of skimmed-milk fob, in the following lots : powder, as last amended by Regulation (EEC) No 121 1 /69 (6) ; whereas this would ensure, as required by — lot A : 700 metric tons, Article 2 (2) of Regulation (EEC) No 2721 /72, that the — lot B : 700 metric tons, — lot C : 700 metric tons , (') OJ No L 148 , 28 . 6. 1968 , p. 13 . — lot D : 700 metric tons, (2) OJ No L 73 , 27. 3 . 1972, p. 14. — lot E : 752-7 metric tons, (3) OJ No L 291 , 28 . 12. 1972, p. 28 . (") OJ No L 279 , 5 . 10 . 1973 , p. 1 . (5) OJ No L 173 , 22. 7. 1968 , p. 4. (7) OJ No L 196, 17. 7. 1973, p. 12. (*) OJ No L 155, 28 . 6 . 1969, p. 13 . (8) OJ No L 122, 9 . 5 . 1973 , p. 1 .

30 . 1 . 74 Official Journal of the European Communities No L 26 / 11

— lot F : 900 metric tons, Article 6 — lot G : 400 metric tons . 1 . The relevant intervention agency shall, at his 3 . Delivery of the lots referred to in paragraph 2 request, sell to the successful tenderer a quantity of shall take place on a date to be set by the intervention skimmed-milk powder bought in under Article 7 of agency concerned, such date to be after 14 and before Regulation (EEC) No 804/68 equal to the quantity to 31 March 1974 . be supplied by him. The contract of sale shall be concluded within 15 days from the day of receipt of the information of allocation of the tender. Article 2 2. The skimmed-milk powder shall be sold ex ware­ The skimmed-milk powder concerned shall be packed house at a price equal to the buying-in price applied in 25 kg bags meeting the specifications set out in the by the relevant intervention agency to the date Annex . referred to in Article 4 of the expiry date of the tender plus 2 units of account per 100 kg. Article 3 3 . The buyer shall pay the intervention agency for The Community port indicated in the tender must be the skimmed-milk powder prior to taking it over accessible to seagoing vessels. pursuant to paragraph 4. 4. The buyer shall take over the skimmed-milk Article 4 powder within 15 days of the day on which the contract of sale is concluded. This operation may be The time limit for the submission of tenders shall effected in stages. expire at 12 noon on 12 February 1974. Except in cases of force majeure, if the buyer fails to Article 5 take over the skimmed-milk powder within the period specified the sale shall be cancelled in respect of the The corrective referred to in Article 2 (2) of Regula­ quantities remaining and the successful tenderer shall tion (EEC) No 1188/73 shall not be applied to not be allowed to conclude a fresh contract at a later skimmed-milk powder supplied by the tenderer under date . this Regulation . 5. The right conferred on the successful tenderer However, when the maximum amount referred to in by this Article shall not be transferable. Article 6 of Regulation (EEC) No 1911 /73 is being Article 7 fixed, account shall be taken of the reduction pursuant to Article 2 ( 1 ) of Regulation (EEC) No 1188 /73 in the This Regulation shall enter into force on the day intervention price applicable in Germany and in the following its publication in the Official Journal of Benelux States . the European Communities.

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

Done at Brussels, 25 January 1974. For the Commission

The President Francois-Xavier ORTOLI

No L 26/ 12 Official Journal of the European Communities 30 . 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/m2 , 3 Kraft paper bags of a strength of at least 70 g/m2 , 1 interposed tar-lined paper bag of a strength of at least 140 g/m2 ('), 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.

( l ) 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 .