31974R2072

No L 216/8 Official Journal of the European Communities 7 . 8 . 74

REGULATION ( EEC) No 2072/74 OF THE COMMISSION of 2 August 1974 concerning the invitation to tender for the costs of delivery, as food aid, of skim­ med-milk powder to UNRWA

THE' COMMISSION OF THE EUROPEAN 2. At the time it is withdrawn from stock, the skim­ COMMUNITIES, med-milk powder shall, as to quality and packing, satisfy the requirements laid down in Annex I to Having regard to the Treaty establishing the European Commission Regulation (EEC) No 1 108 /68 (6) of 27 Economic Community ; July 1968 on detailed rules of application for public storage of skimmed-milk powder, as last amended by Having regard to Council Regulation (EEC) No Regulation (EEC) No 1 636/74 (7). 804/68 (') of 27 June 1968 on the common organiza­ tion of the market in milk and milk products, as last 3 . Delivery shall be made cif. The skimmed-milk amended by Regulation (EEC) No 662/74 (2), and in powder shall be divided into two lots : particular Article 7 (5) and Article 28 thereof ; — lot A : 950 metric tons, for delivery port of Beirut Whereas Council Regulation (EEC) No 1 827/74 (3) of (Lebanon), 11 July 1974 concerning the supply of skimmed-milk — lot B : 650 metric tons, for delivery port of Ashdod powder as food aid to certain developing countries (Israel). and certain international organizations makes provi­ sion for 1 600 metric tons of skimmed-milk powder 4. Loading shall take place ,by 10 September 1974 held by intervention agencies to be made available to at the latest . the United Nations Relief and Works Agency, here­ inafter called ' UNRWA' ; whereas UNRWA has requested delivery cif of that skimmed-milk powder ; Article 2

Whereas under Article 5 of Regulation (EEC) No 1 . The German intervention agency shall draw up 1 826/74 (4) of 11 July 1974 laying down general rules the notice of invitation to tender, which shall be for the delivery of skimmed-milk powder as food aid published in the Official Journal of the European to certain developing countries and certain interna­ Communities not less than eight days before the tional organizations, such supplies are as a rule to be closing date for the submission of tenders. put out to tender ; 2. The closing date for the submission of tenders Whereas the procedure to be adopted for this purpose shall be 20 August 1974 at 12 noon . should in the main be taken over from that esta­ blished by Commission Regulation (EEC) No 3 . The intervention agency shall indicate in its 1885/73 (5) of 12 July 1973 concerning invitations to notice the warehouses where the skimmed-milk tender for the costs of delivery, as food aid, of skim­ powder assigned to each lot is held. med-milk powder held by the intervention agencies ;

Whereas the measures provided for in this Regulation Article 3 are in accordance with the Opinion of the Manage­ ment Committee for Milk and Milk Products, 1 . Tenders, which shall be in writing, shall be submitted either by delivery by hand to the interven­ tion agency against acknowledgement of receipt or by HAS ADOPTED THIS REGULATION : registered letter or telex addressed "to the intervention agency . Article 1 2. No tender may relate to more than one lot . 1 . Tenders shall be invited in accordance with the 3 . The tender shall indicate : provisions of this Regulation for the costs of delivery to UNRWA of 1 600 metric tons of skimmed-milk (a) the name and address of the tenderer ; powder bought-in under Article 7 (5) of Regulation (b) the amount, expressed in German marks , for (EEC) No 804/ 68 , and held by the German interven­ which the tenderer undertakes to deliver the skim­ tion agency. med-milk powder cif under the conditions laid down in Article 5 including the insurance costs (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . (2) OJ No L 85, 29 . 3 . 1974, p. 51 . covering the value of the goods ; (3) OJ No L 190, 13 . 7. 1974, p. 22. {*) OJ No L 190, 13 . 7 . 1974, p. 20 . (6) OJ No L 184, 29 . 7. 1968 , p. 34. (5) OJ No L 192, 13 . 7. 1973, p. 31 . (7) OJ No L 173 , 28 . 6. 1974, p. 60 .

7 . 8 . 74 Official Journal of the European Communities No L 216/ 9

(c) the warehouses where the skimmed milk powder, tion (EEC) No 804/68 , a maximum amount, expressed assigned to each lot, is stocked ; in units of account, shall be fixed or alternatively a decision shall be taken to make no award . (d) the port of embarkation, which may be any Community port. Article 7 4 . The tender shall not be valid unless : 1 . A tender shall be refused if the amount (a) it relates to the whole of a lot to which the invita­ proposed, converted into units of account, is more tion to tender relates, than the maximum amount fixed for the lot in ques­ tion . (b) proof is furnished that before expiry of the time limit for submission of tenders, the tenderer has 2. Without prejudice to the provisions of paragraph given the security fixed in Article 4. 1 , the successful tenderer shall for each lot be the one 5 . The tender may not be withdrawn . making the lowest offer. Where two or more valid offers specify amounts which when converted into units of account are identical , the award shall be made Article 4 by drawing lots.

1 . The security required for the invitation to tender 3 . Each tenderer shall be immediately notified by shall be two units of account per metric ton of skim­ the intervention agency of the result of his participa­ tion in the invitation to tender. The intervention med-milk powder. agency concerned shall immediately inform the Commission of the name of the successful tenderer. 2. It shall take the form , at the option of the Member State concerned, either of a cheque made out 4. Rights and obligations arising in connection in favour of the intervention agency, or of a bank with the invitation to tender shall not be transferable . guarantee which satisfies the criteria laid down by the German Government . A rticle 8 Article 5 When the successful tenderer takes delivery of the skimmed-milk powder, he shall ensure that the quan­ 1 . Delivery costs shall be the costs incurred up to tity handed over corresponds to the quantity to be the time when the goods are deposited on the quay­ delivered . side or on board lighters, if used, all costs subsequent to delivery, including costs of taking delivery, to be Furthermore, he shall ensure that the packing of the borne by the recipient. skimmed-milk powder satisfies the requirements laid down in Article 1 (2). 2. Any demurrage costs at the port of unloading in respect of delays attributable to the recipient shall be chargeable to the latter. The rates and other details Article 9 concerning such costs shall be laid down in the contract between the successful tenderer and the The German Government shall : carrier and must have been previously agreed upon between the former and the delivery agent of the recip­ 1 . ensure that the successful tenderer shall : ient . (a) notify the recipient, as soon as possible after the goods have been loaded on board ship, of 3 . Except in cases of force majeure every successful details of the ship, the loading date, the quan­ tenderer shall accept all financial liability devolving upon the Community by reason of failure to deliver tity and quality of the goods as recorded on shipment and the port of unloading ; the skimmed-milk powder at the place and by the time appointed, provided always that UNRWA has (b) at least 10 clear days in advance , inform the made it possible for the skimmed-milk powder to be recipient of the expected date of arrival at the so delivered . Costs incurred by reason of failure to port of ship's unloading ; deliver the skimmed-milk powder as a result of force majeure shall be borne by the German intervention (c) have included in the terms of the charter-party agency . a provision stipulating that the ship's captain shall , at least 72 hours in advance, notify the Recipient of the ship's probable date of arrival Article 6 in port ;

In the light of the tenders received and in accordance 2 . send to the Commission as soon as possible the with the procedure laid down in Article 30 of Regula­ information specified in paragraph 1 (a) and (b).

No L 216/ 10 Official Journal of the European Communities 7 . 8 . 74

Article 10 measures to be taken having regard to the circum­ stances invoked . 1 . The goods shall be regarded as delivered cif when they are deposited on the quayside in the port of unloading or on board lighters, if used. Article 12 2. On delivery in accordance with paragraph 1 UNRWA shall issue a certificate declaring that the The intervention agency shall pay to the successful skimmed-milk powder has been delivered. tenderer the amount stated in his tender upon produc­ tion of the certificate referred to in Article 10(2). Article 11

1 . Save in the case of force majeure, the tendering Article 13 security shall be released only if : (a) the tender has not been accepted ; No refund or compensatory amount (whether mone­ tary or accession) shall be applied in respect of the (b) the tenderer skimmed-milk powder to which this Regulation — has not withdrawn his tender before the deci­ applies. sion awarding the tender, — has furnished the certificate provided for in Article 1 0 (2). Article 14

2. The security shall be released immediately. This Regulation shall enter into force on the third day 3. In cases of force majeure the intervention agency following its publication in the Official Journal of selling the skimmed-milk powder shall decide on the the European Communities.

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

Done at Brussels, 2 August 1974.

For the Commission The President

Francois-Xavier ORTOLI