31974R2826

12. 11 . 74 Official Journal of the European Communities No L 302/5

REGULATION ( EEC) No 2826/74 OF THE COMMISSION of 11 November 1974 on the opening of an invitation to tender for skimmed-milk powder held by the United Kingdom intervention agency

THE COMMISSION OF THE EUROPEAN — placed in store before 1 June 1973 ; COMMUNITIES, — no longer satisfying the requirements of' Article 1 paragraph 1 of Regulation (EEC) No 1108 /68 ; Having regard to the Treaty establishing the European — packaged indicated in the Annex to this Regula­ Economic Community ; tion .

Having regard to Council Regulation (EEC) No Article 2 804/68 (') of 27 June 1968 on the common organiza­ tion of the market in milk and milk products , as last 1 . As regards the procedure for tenders, Article 4 amended by Regulation (EEC) No 662/74 (2), and in and the subsequent Articles of Regulation (EEC) No particular Article 7 (5) thereof ; 1108 /68 shall apply, with the exception of Articles 7 and 10 . Whereas the United Kingdom intervention agency 2. The following provisions shall apply in place of holds certain quantities of skimmed-milk powder those of Article 7 as aforesaid : which , by reasons of its age and its packaging, for (a) Tenders, which shall be in writing, shall be which a special exception was required, is now diffi­ submitted either by delivery by hand to the inter­ cult to conserve and no longer satisfies the require­ vention agency against acknowledgement of ments of Article 1 ( 1 ) of Commission Regulation receipt or by registered letter or by telex addressed (EEC) No 1108 /68 (3) of 27 July 1968 on detailed to the intervention agency ; rules of application for public storage of skimmed­ milk powder, as last amended by Regulation ( EEC) (b) The tender shall specify : No 1 636/74 (4 ) ; whereas these stocks of skimmed­ — the name and address of the tenderer ; milk powder should therefore be put up for sale ; — the price expressed in pounds sterling offered per metric ton ex storage depot exlusive of Whereas, in order to ensure equal access to all inte­ internal taxes ; rested parties, the skimmed-milk powder in question should be sold by tender ; whereas the provisions — the name of the storage depot and the number of the lot tendered for . required for this purpose can in the main be taken from Regulation ( EEC) No 1 108 /68 ; whereas, A tender indicating two or more lots shall be however, certain points concerning participation in regarded as comprising a number of separate tenders and the award of contracts should be specified tenders equal to the number of lots indicated ; in greater detail ; (c) A tender shall not be valid unless : Whereas the measures provided for in this Regulation — it relates to the whole of a lot ; are in accordance with the Opinion of the Manage­ — it is accompanied by a declaration whereby the ment Committee for Milk and Milk Products, tenderer agrees to forego all claims as to the quality and characteristics of any skimmed­ milk powder sold to him ; — proof is given before expiry of the period set HAS ADOPTED THIS REGULATION : for the submission of tenders that the security referred to in Article 8 of Regulation ( EEC) No 1108 / 68 has been provided . Article 1 3 . The following provisions shall apply in place of those of Article 10 as aforesaid : Tenders shall be invited for the purchase of skimmed­ (a ) any tender quoting a price lower than the milk powder held by the United Kingdom interven­ minimum price as fixed in accordance with tion agency, being skimmed-milk powder : Article 9 of Regulation ( EEC ) No 1108 / 68 , shall be refused ; (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . ( b) subject as provided in (a ) above , the contract shall (2 ) OJ No L 85 , 29 . 3 . 1974, p. 51 . (3) OJ No L 184, 29 . 7 . 1968 , p. .34 . be awarded to the person submitting the highest (4) OJ No L 173 , 28 . 6 . 1974, p. 60 . tender for the lot in question ;

No L 302/6 Official Journal of the European Communities 12 . 11 . 74

(c) if two or more tenders relating to the same lot indi­ 4. The closing date for the submission of tenders cate the same price the contract shall be awarded shall be 25 November 1974 at 12 noon . by drawing lots ; Article 4 (d) the rights and obligations arising by virtue of parti­ This Regulation shall enter into force on the day cipation in the invitation to tender shall not be following its publication in the Official Journal of transferable . « the European Communities.

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

Done at Brussels, 11 November 1974. For the Commission The President

Francois-Xavier ORTOLI

ANNEX

Packaging of skimmed-milk powder

1 . 3 Kraft paper bags, of a strength of 80 g/m 2 ; 1 poly-coated Kraft paper bag, of a strength of 75 g/ m 2 ; 1 wax-coated Kraft paper bag, of a strength of 80 g/m 2 . 2 . Each bag is capped by a crepe paper tape and sealed by sewing with a double cotton stitch and a jute cord .