31974R0521

5 . 3 . 74 Official Journal of the European Communities No L 63/3

REGULATION ( EEC) No 521 / 74 OF THE COMMISSION of 4 March 1974 on the opening of an invitation to tender for skimmed-milk powder held by intervention agencies and intended for export

THE COMMISSION OF THE EUROPEAN Article 2 COMMUNITIES , 1 . As regards the procedure for tenders , Article 4 Having regard to the Treaty establishing the European and the subsequent Article of Regulation ( EEC) No Economic Community ; 1108 / 68 shall apply, with the exception of Articles 7 and 10 . 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 2. The following provisions shall apply in place of amended by Regulation ( EEC) No 419/74 (2 ), and in those of Article 7 of Regulation (EEC) No 1108 /68 : particular Article 7 ( 5) thereof ; (a) Tenders, which shall be in writing, shall be Whereas large quantities of skimmed-milk powder are submitted either by delivery by hand to the inter­ at present held in public stocks within the Commu­ vention agency against acknowledgement of nity ; whereas , to the extent that appropriate outlets receipt or by registered letter or telex addressed to are available, steps should be taken to sell that the intervention agency . powder ; (b) The tender shall specify : Whereas there is a temporary shortage of skimmed­ milk powder meeting export requirements ; whereas — the name and address of the tenderer ; exporters should be authorized to obtain supplies from intervention agencies ; — the price offered per metric ton ex storage depot exclusive of internal taxes, expressed in Whereas, in order to ensure equal access to all in­ the currency of the Member State in which the terested parties, the skimmed-milk powder in ques­ invitation to tender is organized ; tion should be sold by tender ; whereas the provisions required for this purpose can in the main be taken — the name of the depot where the quantity from Commission Regulation (EEC) No 1 108 / 68 (3) of tendered for is stored . 27 July 1968 on detailed rules of application for public storage of skimmed-milk powder, as last A tender indicating more than one depot shall be amended by Regulation ( EEC) No 77/ 74 (4) ; whereas , regarded as comprising a number of separate however, certain points concerning participation in tenders equal to the number of depots indicated . tenders and the award of contracts should be specified in greater detail ; (c) A tender shall not be valid unless :

Whereas the measures provided for in this Regulation — it relates to a minimum of 100 metric tons ; are in accordance with the Opinion of the Manage­ ment Committee for Milk and Milk Products , — it is accompanied by a declaration whereby the tenderer agrees to forgo any claim as to the quality or characteristics of the skimmed-milk HAS ADOPTED THIS REGULATION : powder which may be assigned to him ;

— it is accompanied by the undertaking required Article 1 under Article 3 ;

1 . Tenders shall be invited for the purchase for — proof is given before expiry of the period set export of 15 000 metric tons of skimmed-milk for the submission of tenders that the security powder, of which referred to in Article 8 of Regulation ( EEC) No — 1 800 metric tons from stocks held by the Belgian 1108 / 68 has been provided . intervention agency and 3 . The following provisions shall apply in place of — 13 200 metric tons from stocks held by the French those of Article 10 of Regulation ( EEC) No 1108 / 68 : intervention agency . ( a ) any tender quoting a price lower than the 2 . The skimmed-milk powder referred to in para­ graph 1 shall be purchased from stocks bought in minimum price shall be refused ; before 1 July 1973 ; it shall be packaged as stipulated (b ) subject to subparagraph ( a ) above , the contract in the Annex to this Regulation . shall be awarded to the highest tender ; (') OJ No L 148 , 28 . 6 . 1968 , p . 13 . (c ) if two or more tenders relating to the same quan­ (2 ) OJ No L 49 , 21 . 2 . 1974, p . 2 . (} ) OJ No L 184, 29 . 7 . 1968 , p . 34 . tity offer the same price contracts shall be awarded (4) OJ No L 9, 11 . 1 . 1974, p . 38 . by drawing lots ;

No L 63 /4 Official Journal of the European Communities 5 . 3 . 74

(d) the rights and obligations arising by virtue of parti­ — ' Lait écrémé en poudre destiné à 1 exportation cipation in the invitation to tender shall not be conformément au règlement (CEE) n0 521 /74'., transferable ; — Magermilchpulver für die Ausfuhr gemäß der (e) a tender may indicate that it should be regarded as Verordnung (EWG) Nr. 521 /74', submitted only if a contract is awarded for the — ' Latte scremato in polvere destinato all esporta­ whole quantity indicated in the tender or for a zione, conformemente al regolamento (CEE) n . quantity in respect of which specific requirements 521 /74', are stipulated in the tender. — 'Magere-melkpoeder bestemd voor uitvoer, volgens 4 . The time limit for the submission of tenders Verordening (EEG) nr. 521 /74', shall be Tuesday 19 March 1974 at 12 noon . — Skimmed-milk powder for export in accordance Article 3 with Regulation (EEC) No 521 /74', — 'Skummetmælkspulveret bestemt for export i over­ Every tenderer shall undertake to export to third coun­ ensstemmelse med forordning (EØF) nr. 521 /74'. tries before 1 May 1974 the entire quantity of skimmed-milk powder assigned to him . Article 7 Article 4 1 . The tendering security shall be released in accor­ 1 . Every successful tenderer shall, before taking dance with the provisions of Article 13 of Regulation over the quantity assigned to him , provide an export ( EEC) No 1108 /68 . security which shall be fixed, for each 100 kg of 2. Except in cases of force majeure, the export secu­ skimmed-milk powder, at the same time as the rity shall be released only in respect of quantities for minimum selling price, by reference to the difference which the purchaser can prove that the skimmed­ between the market price of skimmed-milk powder milk powder has left the geographical territory of the and the minimum price . Community before 1 May 1974. 2. Such security shall be provided in one or other 3 . Such proof shall be furnished as follows : of the forms specified in Article 8 (2) of Regulation (EEC) No 1108 / 68 . — where the product leaves the geographical territory of the Community from the the territory of the Article 5 Member State of sale : by production of a customs document certifying that the product has so left 1 . From the time of its removal from store the and stating that exportation has taken place in skimmed-milk powder shall be subject to customs accordance with Regulation ( EEC) No 521 /74 ; control or to an administrative control providing equivalent guarantees until it leaves the geographical — where the product leaves the geographical territory territory of the Community. of the Community from the territory of a Member State other than the Member State of sale : by 2. The customs formalities on exportation shall be production of the control copy referred to in completed in the Member State of sale . Article 6 .

Article 6 Article 8 1 . Where the product leaves the geographical terri­ The Member State shall on the Tuesday of each week tory of the Community from a Member State other inform the Commission of the quantities of skimmed­ than the Member State of sale , proof that the product milk powder removed from store during the previous has so left shall be furnished by production of the week under this Regulation . control copy referred to in Article 1 of Regulation (EEC) No 2315/69 . Article 9 2 . Sections 101 , 103 and 104 of the control copy shall be completed . Section 104 shall be completed by This Regulation shall enter into force on the day deleting as necessary and entering under the second following its publication in the Official Journal of indent one of the following endorsements : the European Communities.

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

Done at Brussels , 4 March 1974 .

For the Commission

The President

Francois-Xavier ORTOLI

5 . 3 . 74 Official Journal of the European Communities No L 63/ 5

ANNEX

Packaging of skimmed-milk powder

4 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 separate inner bag of polyethylene of at least 0-06 mm thickness, closed by double binding.