CELEX: 31973R1885
Language: en
Date: 1973-07-13
Title: Regulation (EEC) No 1885/73 of the Commission of 12 July 1973 concerning invitations to tender for the costs of delivery, as food-aid, of skimmed-milk powder held by the intervention agencies

13 . 7 . 73                             Official Journal of the European Communities                                No L 192/31
                            REGULATION ( EEC) No 1885/73 OF THE COMMISSION
                                                        of 12 July 1973
               concerning invitations to tender for the costs of delivery, as food-aid, of
                             skimmed-milk powder held by the intervention agencies
THE COMMISSION OF THE EUROPEAN                                     I to Commission Regulation (EEC) No 1 108 /68 (4) of
COMMUNITIES,                                                       27 July 1968 on detailed rules of application for
                                                                   public storage of skimmed-milk powder, as last
Having regard to the Treaty establishing the European              amended by Regulation (EEC) No 454/73 (5).
Economic Community ;
                                                                                              Article 2
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              1.      Delivery shall be made by a date to be fixed,
amended by the Act (2) concerning the Conditions of               whether fob, cif or to a specified place of destination ,
Accession and the Adjustments to the Treaties, and in              according to the agreements concluded with the recipi­
particular Article 7 (5) thereof ;                                 ent countries or agencies.
Whereas Council Regulation (EEC) No 2721 /72 (3) of                2. The skimmed-milk powder shall be removed
19 December 1972 on the supply of skimmed-milk                     from the storage depots listed by the intervention
powder as food aid provides that skimmed-milk                      agency concerned and referred to in the tender.
powder may, depending on the amounts available in
the Community, be supplied by drawing on stocks
held by the intervention agencies and that delivery                                           Article 3
costs shall, as a general rule, be determined by the
tendering procedure ;                                              The delivery costs of the skimmed-milk powder after
                                                                   its removal from the storage depots of the interven­
Whereas, in determining the rules which, under this                tion agency and until its acceptance by the recipient
invitation to tender, should apply to deliveries of                country or agency shall be determined by a tendering
skimmed-milk powder, the procedure hitherto                        procedure .
followed for the supply of butteroil as food aid should,
in the main , be adopted ;
                                                                                              Article 4
Whereas the measures provided for in this Regulation
are in accordance with the Opinion of the Manage­                   1 . The competent authority of the Member State
ment Committee for Milk and Milk Products ;                        concerned shall for each individual delivery issue an
                                                                   invitation to tender.
                                                                   2. The intervention agency shall draw up a notice
HAS ADOPTED THIS REGULATION :                                      of invitation to tender which shall specify in parti­
                                                                   cular :
                                                                   — the location of the stored skimmed-milk powder,
                           Article 1
                                                                   — the quantities of skimmed-milk powder to be
 1.     In cases where, by virtue of Regulation (EEC) No                 transported,
2721 /72, it is decided to make a delivery of skimmed­             — the destination ,
milk powder as food aid, bought by the intervention                — the time-limit within which, and the place where,
agencies by virtue of Article 7(1 ) of Regulation (EEC)                  tenders must be submitted ,
No 804/ 68 , the rules set out in this Regulation shall
apply.                                                             — the date on which delivery must be made .
2.      At the time it is withdrawn from stock , the               3.      The   notice   of   invitation     to tender shall be
skimmed-milk powder shall, as to quality and                        published in the Official Journal of the European
packing, satisfy the requirements laid down in Annex                Communities at least ten days before the closing date
                                                                    for tenders .
(') OJ No L 148 , 28 . 6 . 1968 , p . 13 .
(2) OJ No L 73 , 27 . 3 . 1972, p . 14.                            c4 ) OJ No L 184, 29 . 7 . 1968 , p . 34 .
(>) OJ No L 291 , 28 . 12. 1972, p . 28 .                          (5 ) OJ No L 53 , 26 . 2 . 1973 , p . 7 .
 ---pagebreak--- No L 192/ 32                       Official Journal of the European Communities                             13 . 7 . 73
                         Article 5                            than the maximum amount valid for the delivery in
                                                             question .
1.     Tenderers responding to a partial invitation to
tender shall submit their tenders to the intervention         2. Without prejudice to paragraph 1 , the successful
agency, in writing, either by delivery by hand, against       tenderer shall be the person who submitted the lowest
receipt, or by registered letter addressed to the inter­      tender in terms of units of account . "Where several
vention agency. The intervention agency may also              tenders in the same amount when converted into
authorize the use of telex .                                  units of account are to be taken into consideration ,
                                                              the contract shall be awarded by drawing lots.
2.     Where the invitation to tender relates to several
lots, each tender shall relate only to one lot.               3.     Each tenderer shall be immediately informed by
                                                              the intervention agency of the result of his participa­
3.     The tender shall specify in particular :               tion in the tender.
(a) the name and address of the tenderer,
                                                              4.     Rights and obligations arising out of the invita­
(b) the port of loading which shall be one of the ports       tion to tender shall not be transferable .
     of the EEC where sea transport, is concerned,
(c) the amount tendered, exclusive of taxes, expressed
     in the currency of the Member State in which the                                 Article 9
     tender is submitted 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 de­
     shall be achieved in such a way that the quality         livered .
     and packing should be safeguarded.
                                                              Furthermore, he shall ensure that the packing of the
     The amount tendered shall include the insurance          skimmed-milk powder satisfies the requirements laid
     costs of transport from the storage depot to the         down in Article 1 (2).
     agreed stage of delivery.
4.     The tender shall not be valid unless :                                         Article 10
(a) it relates to the whole of a lot to which the invita­     Within the prescribed time-limits, the successful
     tion to tender relates,                                  tenderer shall furnish to the intervention agency and
(b) proof is furnished that before expiry of the time         to the recipient country or agency the information
     limit for submission of tenders, the tenderer has        required of him under the notice of invitation to
     given the security fixed in Article 6.                   tender.
 5.    The tender may not be withdrawn .
                                                                                      Artide 11
                         Article 6
                                                               1 . Save in the case of force majeure, the tendering
                                                              security shall be released only if :
 1 . The tendering security shall be 2 units of
account per metric ton of skimmed-milk powder.                (a) the tender has not been accepted ;
2.     It shall be paid , at the choice of the Member         (b) the tenderer
State, either by a cheque made out to the intervention             — has not withdrawn his tender before the deci­
agency, or in the form of a guarantee meeting the                       sion awarding the tender,
criteria laid down by the Member State concerned .                 — has furnished the certificate provided for in
                                                                        Article 12 .
                         Article 7
                                                              2.     The security shall be released immediately .
 In the light of the tenders received and in accordance
with procedure laid down in Article 30 of Regulation                                  Artie e 12
(EEC) No 804/68 , a maximum amount expressed in
 units of account shall be fixed or the tendering pro­        The intervention agency shall pay to the successful
cedure shall be cancelled .
                                                              tenderer the amount stated in his tender on presenta­
                                                              tion of a declaration drawn up by the recipient
                         Article 8                            country or agency certifying that the quantities for
                                                              which delivery has been taken from the intervention
 1.    The tender shall be rejected if the amount             agency were received within the prescribed time­
 proposed, converted into units of account, is more            limits .
 ---pagebreak--- 13 . 7 . 73                      Official Journal of the European Communities                        No L 192/33
                      Article 13                            annexed to the Treaty of Accession shall be granted in
                                                            respect of skimmed-milk powder delivered pursuant
In the event of force majeure, the intervention agency      to this Regulation .
shall determine the measures it considers necessary in
view of the circumstance which has arisen .
                                                                                     Article 1 5
                      Article 14
                                                            This Regulation shall enter into force on the day
No refund or monetary compensatory amount or                following publication in the Official Journal of the
compensatory amount provided for in the Act                 EH ropea n Co m m u n ities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 12 July 1973 .
                                                                     For the Commission
                                                                         The President
                                                                    Francois-Xavier ORTOLI