31975R1221

14. 5 . 75 No L 121 / 17 Official Journal of the European Communities

REGULATION ( EEC) No 1221 /75 OF THE COMMISSION of 6 May 1975 concerning the conditions tor invitations to tender lor the costs or delivery, as food aid, of skimmed-milk powder to the World Food Programme

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 At the time it is withdrawn from stock, the skim­ COMMUNITIES, med-milk powder shall, as to quality and packing, satisfy the requirements laid down in Annex I to Having regard to the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 (5) 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 1093/75 (6). 804/68 (*) of 27 June 1968 on the common organiza­ tion of the market in milk and milk products, as last amended by Regulation (EEC) No 740/75 (2), and in Article 2 particular Articles 7 (5) and 28 thereof ; 1 . The intervention agency concerned shall give Whereas Council Regulation (EEC) No 1 827/74 (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 20 000 metric tons of skimmed-milk powder med-milk powder is held, held by intervention agencies to be made available to the World Food Programme ; — the quantity of skimmed-milk powder to be deliv­ ered , Whereas under Article 5 of Regulation (EEC) No — the insurance arrangements for the goods to be 1 826/74 (4) of 1 1 July 1 974 laying down general rules transported, for the delivery of skimmed-milk powder as food aid to certain developing countries and certain interna­ — the indication of the ports in the Community tional organizations, such supplies are as a rule to be where delivery can take place, put out to tender ; — the closing date and address for the receipt of tenders, Whereas the procedure to be adopted for this tendering should in the main be the procedure used — the date on which delivery is to take place. hitherto in similar cases ; 2 . The notice of invitation to tender shall be Whereas the measures provided for in this Regulation published in the Official Journal of the European are in accordance with the Opinion of the Manage­ Communities at least 10 days before the closing date ment Committee for Milk and Milk Products , for the submission of tenders .

HAS ADOPTED THIS REGULATION : Article 3

1 . Tenders, which shall be in writing, shall be Article 1 submitted either by delivery by hand to the interven­ tion agency against acknowledgement of receipt or by 1 . Where it is decided to supply skimmed-milk registered letter addressed to the intervention agency. powder to the World Food Programme in accordance The intervention agency may also authorize the use of with Regulation (EEC) No 1827/74, the invitation to telex for presentation of tenders. tender referred to in Article 5 of Regulation (EEC) No 1826/74 shall be organized in accordance with the 2 . Where the invitation to tender is in respect of detailed rules laid down in this Regulation . two or more lots no tender may be made for more than one lot . 2. The skimmed-milk powder to be delivered is bought in under Article 7 (5) of Regulation (EEC) No 3 . The tender shall indicate : 804/ 68 . (a ) the name and address of the tenderer ; (>) OJ No L 148, 28 . 6 . 1968 , p. 13 . (2) OJ No L 74, 22 . 3 . 1975, p. 1 . (3) OJ No L 190 , 13 . 7. 1974, p. 22 . (5) OJ No L 184, 29 . 7. 1968 , p . 34. (4 ) OJ No L 190, 13 . 7 . 1974, p. 20 . (b) OJ No L 109, 29 . 4 . 1975, p . 5 .

No L 121 / 18 14 . 5 . 75 Official Journal of the European Communities

(b) the amount expressed in the currency of the 5. Rights and obligations arising in connection Member State where the invitation to tender takes with the invitation to tender shall not be transferable . place for which the tenderer undertakes to deliver the skimmed-milk powder including the insur­ Article 7 ance costs covering the value of the goods ; (c) the warehouses from which the skimmed-milk When the successful tenderer takes delivery of the powder, assigned to each lot, shall be taken ; skimmed-milk powder, he shall ensure that the quan­ tity handed over corresponds to the quantity to be (d) the port of embarkation, chosen from among the delivered . ports of the Community accessible to ocean-going ships eventually indicated in the notice of invita­ Furthermore, he shall ensure that the packing of the tion to tender concerned . skimmed-milk powder satisfies the requirements laid down in Article 1 (3). 4. The tender shall not be valid unless : (a) it relates to the whole of a lot to which the invita­ Article 8 tion to tender relates ; (b) proof is furnished that before expiry of the time The successful tenderer shall on the date fixed by the limit for submission of tenders, the tenderer has WFP deliver at the port specified in the tender a quan­ given the security fixed in Article 4. tity of skimmed-milk powder equal to the quantity there specified. Any schedule for instalment deliveries 5. The tender may not be withdrawn . shall be agreed between the successful tenderer and the agent of the WFP. Article 4 The goods shall be regarded as delivered when they are deposited at the place for exportation at the point 1 . The security required for the invitation to tender shall be two units of account per metric ton of skim­ designated by the WFP or its agent. med-milk powder. Article 9 2. It shall take the form , at the option of the Member State concerned, either of a cheque made out Upon delivery of the goods at the port of embarka­ in favour of the intervention agency, or of a bank tion, the WFP agent shall hand to the successful guarantee which satisfies the criteria laid down by this tenderer acting as agent for the Community a letter of Member State . acceptance .

Article5¶

In the light of the tenders received and in accordance Except in cases of force majeure every successful with the procedure laid down in Article 30 of Regula­ tenderer shall accept all financial liability devolving tion (EEC) No 804/68 , a maximum amount, expressed upon the Community by reason of failure to deliver in units of account, shall be fixed or alternatively a the skimmed-milk powder at the place and by the decision shall be taken to make no award . time appointed, provided always that the WFP has made it possible for the skimmed-milk powder to be so delivered . Article 6 Costs incurred by . reasons of failure to deliver the 1 . A tender shall be refused if the amount skimmed-milk powder as a result of force majeure proposed, converted into units of account, is more shall be borne by the competent agency of the than the maximum amount fixed for the lot in ques­ Member State concerned . tion .

2. Without prejudice to the provisions of paragraph Article 11 1 , the successful tenderer shall for each lot be the one making the lowest offer. Where two or more valid 1 . Except in cases of force majeure, the security offers specify amounts which when converted into required under Article 4 shall be released only in the units of account are identical , the award shall be made following circumstances : by drawing lots . (a) if the tender has been refused ; 3 . Each tenderer shall be immediately notified by (b) if the tenderer has not withdrawn his tender the intervention agency of the result of his participa­ before the contract is awarded and has produced to tion in the invitation to tender. the intervention agency the letter of acceptance mentioned in Article 9 . 4. The intervention agency concerned shall immedi­ ately inform the Commission of the name of the 2 . Release of the security shall take place immedi­ successful tenderer . ately .

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3 . In case of force majeure the intervention agency Article 13 shall adopt the measures which appear warranted by the circumstances invoked . No refund or compensatory amount (whether mone­ tary or accession) shall be applied to the skimmed­ A rticle 1 2 milk powder to which this Regulation applies .

The intervention agency concerned shall pay to the WFP within 30 days after acceptance of each delivery Article 14 of skimmed-milk powder, a flat-rate contribution of 80 units of account per metric ton of skimmed-milk This Regulation shall enter into force on the third day powder delivered towards the costs of transporting and following its publication in the Official Journal of distributing such skimmed-milk powder. the European Communities.

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

Done at Brussels , 6 May 1975 . For the Commission

P.J. LARDINOIS Member of the Commission