31975R1854

No L 188 / 16 19 . 7 . 75 Official Journal of the European Communities

REGULATION ( EEC) No 1854/75 OF THE COMMISSION of 16 July 1975 on the invitation to tender for the costs of delivery of skimmed-milk powder as food aid to UNRWA

THE COMMISSION OF THE EUROPEAN to UNRWA of a lot of 300 metric tons of skimmed­ COMMUNITIES , milk powder bought in under Article 7 (5) of Regula­ tion (EEC) No 804/68 , and held by the Luxembourg Having regard to the Treaty establishing the European intervention agency. Economic Community ;

2. At the time it is withdrawn from stock, the skim­ Having regard to Council Regulation (EEC) No 804/68 (') of 27 June 1968 on the common organiza­ med-milk powder shall, as to quality, satisfy the re­ tion of the market in milk and milk products, as last quirements laid down in Annex I to Commission amended by Regulation (EEC) No 740/75 (2), and in Regulation (EEC) No 1108/68 (6) of 27 July 1968 on particular Articles 7 (5) and 28 thereof ; detailed rules of application for public storage of skim­ med-milk powder, as last amended by Regulation Whereas Council Regulation (EEC) No 1 348 /75 (3) of (EEC) No 1457/75 (7). 26 May 1975 on the supply of skimmed-milk powder as food aid to certain developing countries and interna­ The conditions for packing are laid down in the tional organizations under the 1975 programme, Annex to this Regulation . makes provision for 2 000 metric tons of skimmed­ milk powder held by intervention agencies to be made available to the United Nations Relief and 3 . The intervention agency shall supply a further Works Agency, hereinafter called UNRWA ; whereas 2 % empty bags identical to those containing the UNRWA has requested the cif delivery of a quantity goods. The successful tenderer undertakes to have of 300 metric tons ; these bags mentioned on the bill of lading.

Whereas under Article 5 of Council Regulation ( EEC) No 1 347/75 (4) of 26 May 1975 laying down general 4. Delivery shall be made cif in the sense of Article rules for the supply of skimmed-milk powder as food 5 ( 1 ) as follows : aid to certain developing countries and international ' organizations under the 1975 programme, such — 200 metric tons to port of Beirut (Lebanon), supplies are as a rule to be put out to tender ; — 100 metric tons to port of Ashdod ( Israel). Whereas the procedure to be adopted for this purpose should in the main be taken over from that esta­ 5 . Loading shall take place as soon as possible and blished , for a previous delivery, by Commission Regu­ not later than 1 September 1975 . lation (EEC) No 2072/74 (5) of 2 August 1974 concerning the invitation to tender for the costs of delivery, as food aid, of skimmed-milk powder to UNRWA ; Article 2 Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ 1 . The Luxembourg intervention agency shall draw ment Committee for Milk and Milk Products , up the notice of invitation to tender, which shall be published in the Official Journal of the European Communities not less than eight days before the HAS ADOPTED THIS REGULATION : closing date for the submission of tenders.

Article 1 2. The closing date for the submission of tenders shall be 29 July 1975 at 12 noon . 1 . Tenders shall be invited in accordance with the provisions of this Regulation for the costs of delivery 3 . The intervention agency shall indicate in its notice the warehouses where the skimmed-milk (') OJ No L 148 , 28 . 6. 1968 , p. 13 . powder is held . (2 ) OJ No L 74, 22. 3 . 1975, p. 1 . Q ) OJ No L 138 , 29 . 5 . 1975, p. 3 . (4 ) OJ No L 138 , 29 . 5. 1975, p. 1 . (6) OJ No L 184, 29 . 7. 1968 , p . 34. (5 OJ No L 216, 7 . 8 . 1974, p. 8 . O OJ No L 145, 6 . 6. 1975, p. 17.

19 . 7 . 75 No L 188 / 17 Official Journal of the European ' Communities

Article 3 the skimmed-milk powder at the place and by the time appointed, provided always that UNRWA has 1 . Tenders, which shall be in writing, shall be made it possible for the skimmed-milk powder to be submitted either by delivery by hand to the interven­ so delivered. Costs incurred by reason of failure to tion agency against acknowledgement of receipt or by deliver the skimmed-milk powder as a result of forcc registered letter or telex addressed to the intervention majeure shall be borne by the Luxembourg interven­ agency . tion agency.

2 . The tender shall indicate : Article 6 (a) the name and address of the tenderer ; In the light of the tenders received and in accordance (b) the amount, expressed in Luxembourg francs, for which the tenderer undertakes to deliver the skim­ with the procedure laid down in Article 30 of Regula­ tion (EEC) No 804/68 , a maximum amount, expressed med-milk powder cif under the conditions laid in units of account, shall be fixed or alternatively a down in Article 5 including the insurance costs decision shall be taken to make no award . covering the value of the goods ; (c) the port of embarkation, which may be any Community port. Article 7

3 . The tender shall not be valid unless : 1 . A tender shall be refused if the amount proposed, converted into units of account, is more (a) it relates to the whole of the lot to which the invita­ than the maximum amount fixed for the lot in ques­ tion to tender relates ; tion . (b) proof is furnished that before expiry of the time limit for submission of tenders, the tenderer has 2. Without prejudice to the provisions of paragraph given the security fixed in Article 4. 1 , the successful tenderer shall for each lot be the one making the lowest offer. Where two or more valid 4. The tender may not be withdrawn . offers specify amounts which when converted into units of account are identical , the award shall be made by drawing lots. Article 4 3 . Each tenderer shall be immediately notified by 1 . The security required for the invitation to tender the intervention agency of the result of his participa­ shall be two units of account per metric ton of skim­ tion in the invitation to tender. The intervention med-milk powder. agency concerned shall immediately inform the Commission of the name of the successful tenderer. 2 . It shall take the form , at the option of the Member State concerned, either of a cheque made out 4. Rights and obligations arising in connection in favour of the intervention agency, or of a bank with the invitation to tender shall not be transferable . guarantee which satisfies the criteria laid down by the Luxembourg Government. Article 8

Article 5 When the successful tenderer takes delivery of the skimmed-milk powder, he shall ensure that the quan­ 1 . Delivery costs shall be the costs incurred up to tity handed over corresponds to the quantity to be the time when the goods are deposited on the quay­ delivered . side or on board lighters, if used, all costs subsequent to delivery, including costs of taking delivery, to be Furthermore, he shall ensure that the packing of the borne by the recipient. skimmed-milk powder satisfies the requirements laid down in Article 1 (2). 2. Any demurrage costs at the port of unloading in respect of delays attributable to the recipient shall be Article 9 chargeable to the latter. The rates and other details concerning such costs shall be laid down in the contract between the successful . tenderer and the The Luxembourg Government shall : carrier and must have been previously agreed upon 1 . ensure that the successful tenderer shall : between the former and the delivery agent of the recip­ ient . (a) notify the recipient, as soon as possible after the goods have been loaded on board ship, of 3 . Except in cases of force majeure every successful details of the ship, the loading date, the quan­ tenderer shall accept all financial liability devolving tity and quality of the goods as recorded on upon the Community by reason of failure to deliver shipment and the port of unloading ;

No L 188 / 18 Official Journal of the European Communities 19 . 7 . 75

(b) at least 10 clear days in advance , inform the — has furnished the certificate provided for in recipient of the expected date of arrival at the Article 10 (2). port of ship's unloading ; 2. The security shall be released immediately. (c) have included in the terms of the charter-party a provision stipulating that the ship's captain 3 . In cases of force majeure the intervention agency shall, at least 72 hours in advance, notify the selling the skimmed-milk powder shall decide on the recipient of the ship's probable date of arrival measures to be taken having regard to the circum­ in port ; stances invoked . 2. send to the Commission as soon as possible the information specified in paragraph 1 (a) and (b). Article 12 Article 10 The intervention agency shall pay to the successful 1 . The goods shall be regarded as delivered cif tenderer the amount stated in his tender upon produc­ when they are deposited on the quayside in the port tion of the certificate referred to in Article 10 (2). of unloading or on board lighters, if used .

2. On delivery in accordance with paragraph 1 Article 13 UNRWA shall issue a certificate declaring that the skimmed-milk powder has been delivered. No refund or compensatory amount (whether mone­ tary or accession) shall be applied in respect of the Article 11 skimmed-milk powder to which this Regulation applies . 1 . Save in the case of force majeure, the tendering security shall be released only if : Article 14 (a) the tender has not been accepted ; (b) the tenderer : This Regulation shall enter into force on the third day — has not withdrawn his tender before the deci­ following its publication in the Official Journal of sion awarding the tender, the European Communities.

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

Done at Brussels, 16 July 1975 .

For the Commission P.J. LARDINOIS Member of the Commission

19 . 7 . 75 Official Journal of the European Communities No L 188 / 19

ANNEX

CONDITIONS FOR PACKING

The packing containing a net weight of 25 kg and made up in one of the following ways : I. one bag of clubpack-poly-duplo-paper of a strength representing at least 50/20 / 50 g/m 2 ; two clubpack-Kraft paper bags of a strength representing at least 70/75 g/m 2 ; one polyethylene inner bag at least 01 mm thick, welded or double bound ;

II . 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 ;

III . 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 4- 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 ;

IV. 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/m 2 ; one polyethylene inner bag at least 0-12 mm thick, welded or double bound .