31974R2560

No L 274/ 14 Official Journal of the European Communities 9 . 10 . 74

REGULATION ( EEC) No 2560 / 74 OF THE COMMISSION of 7 October 1974 concerning invitations to tender for the costs of delivering butter for distribu­ tion in India as food aid

THE COMMISSION OF THE EUROPEAN Article 3 COMMUNITIES , 1 . Tenders shall be invited for the cost of delivering Having regard to the Treaty establishing the European the goods from the time when they are collected from Economic Community ; the cold storage depots where they are held until the time when they are set down at the port of loading Having regard to Council Regulation (EEC) No alongside the ship, in a place designated by the benefi­ 804/ 68 (') of 27 June 1968 on the common organiza­ ciary country or its agent. tion of the market in milk and milk products, as last amended by Regulation (EEC) No 662/74 (2), and in 2. When the goods are received at the port of particular Article 6 (7) thereof ; loading, the temperature of the butter must not exceed 10 °C in the centre of the blocks . Whereas Council Regulation (EEC) No 530/74 (3) of 4 March 1974 laying down general rules for the supply of milk fats as food aid to certain developing countries Article 4 and certain international organizations provides inter alia for 3 000 metric tons of butteroil to be made 1 . Tenders shall be submitted either by hand, available to India ; whereas Article 1 of the said Regu­ against receipt, to the French intervention agency or lation allows this quantity to be delivered in the form by registered letter. of butter or butteroil ; whereas India has requested that 500 metric tons of butter, equal to 410 metric 2 . The tender shall state : tons of butteroil , be delivered ; whereas tenders must be invited for the costs of delivering the said quantity (a) the name and address of the tenderer, of butter ; (b) the amount, expressed in French francs, at which the tenderer undertakes to deliver the butter, Whereas the measures provided for in this Regulation including the costs of insuring the value of the are in accordance with the Opinion of the Manage­ goods , ment Committee for Milk and Milk Products, (c) the storage depots at which the butter is to be collected , HAS ADOPTED THIS REGULATION : (d) the port of loading.

3 . A tender shall not be valid unless : Article 1 (a) it relates to the entire quantity of butter to be trans­ 1 . In accordance with the provisions of Regulation ported ; (EEC) No 530 /74, tenders shall be invited for the (b) it is accompanied by an undertaking by the costs of delivering 500 metric tons of butter for distri­ tenderer that he will transport the butter in accor­ bution in India . dance with the provisions of Article 3 (2) ; 2 . The butter shall satisfy the conditions as to (c) proof is furnished , before the time limit for the quality and packaging laid down in the Annex . submission of tenders expires, that the deposit referred to in Article 5 has been lodged . Article 2 4 . A tender may not be withdrawn . 1 . The butter shall be collected from the French intervention agency . Article 5

2 . The butter ' shall be delivered to the port of Le 1 . The tendering deposit shall be 10 units of Havre on a date fixed by the French intervention account per metric ton of butter . agency which must be later than 30 October and earlier than 15 November 1974 . 2 . It shall be paid either in the form of a cheque made out to the French intervention agency, or in the (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . (2 ) OJ No L 85, 29 . 3 . 1974, p. 51 . form of a bank guarantee complying with criteria laid (3 ) OJ No L 65, 7 . 3 . 1974, p. 1 . down by that body .

9 . 10 . 74 Official Journal of the European Communities No L 274/ 1,5

Article6¶

The time limit for the submission of tenders shall Except in cases of force majeure, the tenderer shall expire at 1200 hours on 22 October 1974. assume responsibility for any financial consequences which failure to deliver the butter at the time and place specified might have for the Community, Article 7 delivery at the time and having been made possible by In the light of the tenders received and in accordance the beneficiary country. with the procedure laid down in Article 30 of Regula­ tion (EEC) No 804/68 , a maximum amount, expressed The demurrage resulting from such delays shall not in units of account, shall be fixed or a decision shall be payable by the tenderer unless the rates and terms be taken not to proceed with the invitation to tender. thereof were agreed in advance between himself and the beneficiary country. The other costs resulting from the delays shall not be payable by the tenderer unless Article 8 they were paid by the beneficiary country in agree­ ment with the French intervention agency . 1 . The tender shall be rejected if the amount proposed, expressed in units of account, is higher than Where the butter is not delivered for reasons of force the maximum amount fixed^for the delivery in ques­ majeure, the resultant costs shall be borne by the tion . French intervention agency.

2. Without prejudice to paragraph 1 , the contract Where the beneficiary country is unable to effect shall be awarded to the tenderer proposing the lowest loading on the date fixed and the tenderer is not able amount in this tender . Where a number of tenders to get the beneficiary country to pay the resultant quoting the same amount must be considered, the costs, the French intervention agency shall take the contract shall be awarded by drawing lots . steps necessary to ensure that such costs are not borne by the tenderer. 3 . The intervention agency shall immediately inform each tenderer of the result of his participation in the invitation to tender. Article 12

It shall communicate to the Commission without 1 . Except in cases of force majeure, the tendering delay the name of the successful tenderer. deposit provided for in Article 5 shall be released only : 4. Rights and obligations arising out of the invita­ tion to tender shall not be transferable . — if the tender is not taken into consideration ; — if the tenderer has not withdrawn his tender before a decision on the award of contracts has Article 9 been taken and if he has supplied the intervention agency with the certificate confirming acceptance When accepting delivery, the successful tenderer shall of delivery referred to in Article 10(1 ) and the satisfy himself that the quantity of butter actually certificate referred to in Article 10(2); delivered is equal to the quantity to be delivered . 2. The deposit shall be released immediately. In addition , he shall make sure that the packaging of the butter satisfies the conditions laid down in the 3 . In cases of force majeure, the French interven­ Annex . tion agency shall determine the measures judged to be necessary in view of the circumstances invoked .

Article 10 Article 13 1 . When the goods are delivered at the port of loading a certificate confirming acceptance of delivery No refund or compensatory amount (whether mone­ shall be issued to the tenderer acting as the agent of tary or accession shall be applied to the butter covered the Community by the receiving agent designated by by this Regulation . the beneficiary country or, if there is no such receiving agent, by the French intervention agency . Article 14 2 . At the same time, the intervention agency shall check whether the provisions of Article 3 ( 2) have This Regulation shall enter into force on the third day been complied with and , if so , shall issue a certificate following its publication in the Official Journal of to that effect . the European Communities.

No L 274/ 16 Official Journal of the European Communities 9 . 10 . 74

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

Done at Brussels, 7 October 1974 . For the Commission

The President Francois-Xavier ORTOLI

ANNEX

I. Quality Unsalted butter (a) Minimum fat content of the milk : 82 % (b) Maximum water content : 16% (c) Produced from pasteurized acid cream .

II . Packaging (a) In blocks of 25 kg. (b) The packaging must be of resistant materials to protect the butter throughout transport, storage and disposal . (c) Marking on the packaging : ' BUTTER Gift of the European Economic Community to the Republic of India'.