31975R0597

8 . 3 . 75 No L 63/7 Official Journal of the European Communities

REGULATION ( EEC) No 597 / 75 OF THE COMMISSION of 6 March 1975 concerning invitations to tender for the costs of delivery of skimmed-milk powder in public storage as food aid to the countries of the Sahel and Ethiopia

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES, are in accordance with the Opinion of the Manage­ ment Committee for Milk and Milk Products , Having regard to the Treaty establishing the European Economic Community ;

HAS ADOPTED THIS REGULATION : 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 Article 1 amended by Regulation ( EEC) No 465/75 (2), and in particular Article 7 (5) thereof ; 1 . When it is decided to make deliveries of skim­ med-milk powder in public storage, pursuant to Whereas Council Regulation ( EEC) No 3234/74 (3 ) of Regulations (EEC) No 3234/74 and (EEC) No 17 December 1974 on the supply of skimmed-milk 3236/74, the tendering shall be made according to the powder as food aid to the countries of the Sahel , Ethi­ rules set out in this Regulation . opia and Somalia under Regulation (EEC) No 2 . At the time it is withdrawn from stock , the skim­ 1826/74, provides for the supply to these countries of 5 000 metric tons of skimmed-milk powder to be med-milk powder shall , as to quality and packing, drawn on the 6 000 metric tons reserve stock provided satisfy the requirements laid down in the Annex to for in Council Regulation (EEC) No 1 827/74 (4) of 11 this Regulation . July 1974 on the supply of skimmed-milk powder as food aid to certain developing countries and interna­ 3 . In addition the intervention agency shall supply tional organizations ; 2 % of the number of bags, empty, identical to those containing the goods and to b*. delivered with the goods. Whereas Council Regulation ( EEC) No 3236/74 (5) of 17 December 1974 laying down general rules for the supply of skimmed-milk powder as food aid to the Article 2 countries of the Sahel and Ethiopia, provides for the supply to these countries of 9 000 metric tons of skim­ 1 . The competent authority of the Member State med-milk powder ; concerned shall for each individual delivery issue an invitation to tender . Whereas, pursuant to the provisions of Regulations ( EEC) No 3234/ 74 and ( EEC) No 3236 / 74, the 2 . The intervention agency shall draw up a notice Community shall take in charge the delivery to the of invitation to tender which shall specify in parti­ places of destination and shall pay in whole or in part cular : directly to the recipient country the costs of forwarding from the cif stage in the form of a — the location of the stored skimmed-milk powder, lump-sum contribution , where the supply agreement — the quantity of skimmed-milk powder to be trans­ so provides ; ported , — the destination and terms of delivery, Whereas, pursuant to the provisions of the Regula­ — the terms concerning the insurance of the goods tions in question delivery costs shall as a general rule to be transported , be determined by the tendering procedure ; — the time limit within which , and the place where, tenders must be submitted , Whereas the procedure to be adopted for this tendering should in the main be the procedure used — the date on which delivery must be made . hitherto in similar cases ; 3 . The notice of invitation to tender shall be (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . published in the Official Journal of the European (2 ) OJ No L 52, 28 . 2. 1975, p. 8 . Communities at least 10 days before the closing date (3 ) OJ No L 346, 24. 12 . 1974, p. 2 . (4 ) OJ No L 190 , 13 . 7 . 1974, p. 22 . for tenders. Besides, the intervention agency may (5 ) OJ No L 346, 24. 12 . 1974, p. 4 . make other publications .

No L 63 / 8 8 . 3 . 75 Official Journal of the European Communities

Article3¶

1 . Tenderers responding to an individual invitation 1 . The tender shall be rejected if the amount to tender shall submit their tenders to the interven­ proposed, converted into units of account, is more tion agency, in writing, either by delivery by hand, than the maximum amount valid for the delivery in against receipt, or by registered letter addressed to the question . intervention agency . The intervention agency may also authorize the use of telex . 2. Without prejudice to paragraph 1 , the successful tenderer shall be the one whose offer, converted into 2 . Where the invitation to tender relates to several units of account, is the lowest. Where two or more lots, each tender shall relate only to one lot . valid offers specifying identical amounts expressed in units of account are received by a given intervention 3 . The tender shall specify in particular : agency, the award shall be made by drawing lots. (a) the name and address of the tenderer, 3 . Each tenderer shall be immediately informed by (b) the storage depot or depots from where the the intervention agency of the result of his participa­ tenderer wishes to have the skimmed-milk powder tion in the tender. collected, chosen from the storage depots listed in the notice of invitation to tender, 4. Rights and obligations arising in connection (c) the port of loading chosen from among Commu­ with the invitation to tender shall not be transferable . nity ports, (d) the amount tendered, exclusive of taxes, expressed in the currency of the Member State in which the Article 7 tender takes place and to which the tenderer undertakes that he will effect delivery of the goods When the successful tenderer takes delivery of the to which the invitation to tender refers in accor­ skimmed-milk powder, he shall ensure that the quan­ dance with the stipulated conditions . Transport tity handed over corresponds to the quantity to be shall be achieved in such a way that the quality delivered . and packing should be safeguarded . The amount tendered shall include the insurance Furthermore, he shall ensure that the packing of the costs of transport from the storage depot to the agreed skimmed-milk powder satisfies the requirements laid stage of delivery. down in the Annex to this Regulation .

4 . The tender shall not be valid unless :

Article 8 (a) it relates to the whole of a lot to which the invita­ tion to tender relates , 1 . The intervention agencies shall immediately (b) proof is furnished that before expiry of the time inform the Commission of the names of the undertak­ limit for submission of tenders , the tenderer has ings entrusted with transportation and the means of given the security fixed in Article 4. transport used . 5 . The tender may not be withdrawn . 2 . Within the prescribed time limits , the successful tenderer shall furnish to the intervention agency and Article 4 to the recipient country the information required of him in the Regulations related to each individual 1 . The tendering security shall be five units of tendering. account per metric ton of skimmed-milk powder.

2. It shall be paid , at the choice of the Member Article 9 State concerned , either by a cheque made out to the intervention agency, or in the form of a guarantee 1 . Save in the case of force majeure, the tendering meeting the criteria laid down by that Member State . security shall be released only if :

Article 5 (a) the tender has not been accepted ; (b) the tenderer In the light of the tenders received and in accordance — has not withdrawn his tender before the with procedure laid down in Article 30 of Regulation contract is awarded , ( EEC) No 804/ 68 , a maximum amount expressed in units of account shall be fixed or the tendering proce­ — has furnished the certificate provided for in dure shall be cancelled . Article 10 .

8 . 3 . 75 No L 63 / 9 Official Journal of the European Communities

2. The security shall be relased immediately. would have been borne by the Community for non-de­ livery of the skimmed-milk powder to the place and 3 . In cases of force majeure, the intervention by the time desired, the receiving countries having agency shall decide on the measures to be taken enabled delivery to be effected at the place and by the having regard to the circumstances invoked . time desired. The costs resulting from a non-delivery of skimmed-milk powder following in case of force Article 10 majeure shall be borne by the competent agency of the selling Member State . The intervention agency shall pay to the successful tenderer the amount stated in his tender on presenta­ Article 12 tion of a certificate of delivery. This certificate shall be handed over, on delivery of the goods, to the No refund or compensatory amount (whether mone­ successful tenderer acting as an agent of the Commu­ tary or accession) shall be applicable in respect of nity, appointed by the recipient country or where no skimmed-milk powder supplied under this Regula­ such agent is appointed, by the local representative of tion . the selling intervention agency. Article 13 Article 11 This Regulation shall enter into force on the day Except in cases of force majeure, the successful following its publication in the Official Journal of tenderer shall accept all financial responsibility which the European Communities.

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

Done at Brussels , 6 March 1975 .

For the Commission

P.J. LARDINOIS Member of the Commission

No L 63 / 10 Official Journal of the European Communities 8 . 3 . 75

ANNEX

Packing : Containing a net weight of 25 kilogrammes and made up in one of the following ways : (a) four Kraft paper bags of a strength representing at least 70 g/ m 2 , one interposed tar-lined paper bag, of a strength representing at least 140 g/ m 2 , one polyethylene inner bag at least 0 06 mm thick, welded or double bound ; (b) one Kraft paper bag of a strength representing at least 70 g/ m 2 , one Kraft paper bag with a polyethylene layer of a strength representing at least 80 g 15 g/ m 2 , three Kraft paper bags of a strength representing at least 70 g/ m 2 , one polyethylene inner bag at least 0 06 mm thick, welded or double bound ; (c) one Kraft paper outer bag of a strength representing at least 85 g/m 2 , one Kraft paper bag with a polyethylene layer of a strength representing at least 70 g + 15 g/ m 2 , two Kraft paper bags of a strength representing at least 70 g/ m2 , one polyethylene inner bag at least 012 mm thick, welded or double bound .

Filling : At the time of filling the bag of powder must be well compressed and the penetration of loose powder between the differrent folds and layers should be entirely avoided .