31974R2557

9 . 10 . 74 Official Journal of the European Communities No L 274/7

REGULATION ( EEC) No 2557 /74 OF THE COMMISSION of 4 October 1974 concerning the invitation to tender for the costs of delivery, as food aid, of skim­ med-milk powder to certain third countries

THE COMMISSION OF THE EUROPEAN 3 . At the time it is withdrawn from stock, the skim­ COMMUNITIES , med-milk powder shall, as to quality and packing, satisfy the requirements laid down in Annex I to Having regard to the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 Having regard to Council Regulation (EEC) No storage of skimmed-milk powder, as last amended by 804/68 (') of 27 Ju,ne 1968 on the common organiza­ Regulation (EEC) No 1 636/74 ( 7). tion of the market in milk and milk products, as last amended by Regulation (EEC) No 662/74 (2), and in Article 2 particular Article 7 (5) and Article 28 thereof ; 1 . The intervention agency concerned shall give Whereas Council Regulation (EEC) No 1827/74 (3) of notice of an invitation to tender indicating in parti­ 11 July 1974 concerning the supply of skimmed-milk cular : powder as food aid to certain developing countries and certain international organizations makes provi­ — the location of the store or stores where the skim­ sion for a certain quantity of skimmed-milk powder med-milk powder is held ; held by intervention agencies to be made available to the developing countries concerned ; — the quantity of skimmed-milk powder to be deliv­ ered ; Whereas under Article 5 of Regulation (EEC) No — the indication of the ports in the Community 1 826/74 (4) of 11 July 1974 laying down general rules where delivery can take place ; for the delivery of skimmed-milk powder as food aid to certain developing countries and certain interna­ — the closing date and address for the receipt of tional organizations, such supplies are as a rule to be tenders ; put out to tender ; — the date on which delivery is to take place . Whereas the procedure to be adopted for this purpose should in the main be taken over from that esta­ 2 . The notice of invitation to tender shall be blished by Commission Regulation (EEC) No published in the Official Journal of the European 1885/73 (5) of 12 July 1973 concerning invitations to Communities at least 10 days before the closing date tender for the costs of delivery, as food aid , of skim­ for the submission of tenders . 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 HAS ADOPTED THIS REGULATION : tion agency against acknowledgement of receipt or by registered letter addressed to the intervention agency. Article 1 The intervention agency may also authorize the use of telex for presentation of tenders . 1 . Where it is decided to supply skimmed-milk powder to the developing countries listed in the 2 . Where the invitation to tender is in respect of Annex to Regulation ( EEC) No 1827/74, the invita­ two or more lots no tender may be made for more tion to tender referred to in Article 5 of Regulation than one lot . (EEC) No 1826/74 shall be organized in accordance with the detailed rules laid down in this Regulation . 3 . The tender shall indicate : 2. The skimmed-milk powder to be delivered is bought-in under Article 7 ( 5) of Regulation ( EEC) No (a) the name and address of the tenderer ; 804/ 68 . (b) the amount expressed in the currency of the Member State where the invitation to tender takes (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . place for which the tenderer undertakes to deliver \2) OJ No L 85, 29 . 3 . 1974, p. 51 . (3 ) OJ No L 190 , 13 . 7 . 1974, p. 22 . (■») OJ No L 190 , 13 . 7 . 1974, p. 20 . ( fe) 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 .

No L 274/ 8 Official Journal of the European Communities 9 . 10 . 74

the skimmed-milk powder including the insur­ tity handed over corresponds to the quantity to be ance costs covering the value of the goods ; delivered . (c) the warehouses from which the skimmed-milk Furthermore, he shall ensure that the packing of the powder, assigned to each lot, shall be taken ; skimmed-milk powder satisfies the requirements laid (d) the port of embarkation , chosen from among the down in Article 1 (3 ). ports of the Community accessible to ocean-going ships eventually indicated in the notice of invita­ tion to tender concerned ; Article 8

4 . The tender shall not be valid unless : Every successful tenderer shall on the date fixed by (a) it relates to the whole of a lot to Which the invita­ the intervention agency deliver at the "port specified in tion to tender relates ; the tender a quantity of skimmed-milk powder equal (b) proof is furnished that before expiry of the time to the quantity there specified . Any schedule for instal­ limit for submission of tenders, the tenderer has ment deliveries shall be agreed between the successful given the security fixed in Article 4 . tenderer and the agent of the recipient country .

5 . The tender may not be withdrawn . The goods shall be regarded as delivered when they are deposited in the port of shipment at a point desig­ Article 4 nated by the recipient country or its agent easily accessible to the ship. 1 . The security required for the invitation to tender shall be two units of account per metric ton of skim­ med-milk powder. Article 9 2. It shall take the form, at the option of the On delivery of the goods at the port of embarkation, Member State concerned, either of a cheque made out the receiving agent appointed by the recipient in favour of the intervention agency, or of a bank country, or where no such agent is appointed the inter­ guarantee which satisfies the criteria laid down by this Member State . vention agency of the Member State on whose terri­ tory embarkation takes place , shall issue to the successful tenderer as agent for the Community a Article 5 certificate of delivery. 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 alternatively a Except in cases of force majeure every successful decision shall be taken to make no award . tenderer shall accept all financial liability devolving upon the Community by reason of failure to deliver Article 6 the skimmed-milk powder at the place and by the 1 . A tender shall be refused if the amount time appointed, provided always that the recipient proposed , converted into units of account, is more country has made it possible for the skimmed-milk than the maximum amount fixed for the lot in ques­ powder to be so delivered . tion . Any demurrage -costs resulting from such delays shall 2 . Without prejudice to the provisions of paragraph be chargeable to the successful tenderer only if the 1 , the successful tenderer shall for each lot be the one rates and other details concerning such costs have making the lowest offer. Where two or more valid been previously agreed upon between the successful offers specify amounts which when converted into tenderer and the recipient country. Other costs units of account are identical , the award shall be made resulting from such delays shall be chargeable to the by drawing lots . successful tenderer only if they have been incurred by the recipient country with the agreement of the 3 . Each tenderer shall be immediately notified by competent intervention agency . the intervention agency of the result of his participa­ tion in the invitation to tender . The intervention Costs incurred by reasons of failure to deliver the agency concerned shall immediately inform the skimmed-milk powder as a result of force majeure Commission of the name of the successful tenderer . shall be borne by the competent agency of the Member State concerned . 4 . Rights and obligations arising in connection with the invitation to tender shall not be transferable . If the recipient country is unable to load the skim­ Article 7' med-milk powder on the dates fixed and if the successful tenderer is unable to obtain payment from When the successful tenderer takes delivery of the the recipient country of the resulting costs , the compe­ skimmed-milk powder, he shall ensure that the quan­ tent agency of the Member State concerned shall take

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all measures necessary to ensure, that such costs are 3 . In case of force majeure the intervention agency not borne by the successful tenderer. shall adopt the measures which appear warranted by the circumstances invoked . Article 11 Article 12 1 . Except in cases of force majeure, the security required under Article 4 shall be released only in the No refund or compensatory amount (whether mone­ following circumstances : tary or accession) shall be applied to the skimmed­ (a) if the tender has been refused, milk powder to which this Regulation applies. (b) if the tenderer has not withdrawn his tender before the contract is awarded and has produced to Article 13 the intervention agency the certificate of delivery mentioned in Article 9 . This Regulation shall enter into force on the third day 2. Release of the security shall take place immedi­ following its publication in the Official Journal of ately . the European Communities.

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

Done at Brussels, 4 October 1974 .

For the Commission

The President

Francois-Xavier ORTOLI