CELEX: 31974R2072
Language: en
Date: 1974-08-07 00:00:00
Title: Regulation (EEC) No 2072/74 of the Commission of 2 August 1974 concerning the invitation to tender for the costs of delivery, as food aid, of skimmed-milk powder to UNRWA

No L 216/8                            Official Journal of the European Communities                                7 . 8 . 74
                             REGULATION (EEC) No 2072/74 OF THE COMMISSION
                                                     of 2 August 1974
              concerning the invitation to tender for the costs of delivery, as food aid, of skim­
                                              med-milk powder to UNRWA
THE' COMMISSION OF THE EUROPEAN                                  2.     At the time it is withdrawn from stock, the skim­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 (6) of 27
Economic Community ;                                             July 1968 on detailed rules of application for public
Having regard to Council Regulation (EEC) No                     storage of skimmed-milk powder, as last amended by
804/68 (') of 27 June 1968 on the common organiza­               Regulation (EEC) No 1 636/74 (7).
tion of the market in milk and milk products, as last            3 . Delivery shall be made cif. The skimmed-milk
amended by Regulation (EEC) No 662/74 (2), and in                powder shall be divided into two lots :
particular Article 7 (5) and Article 28 thereof ;
                                                                 — lot A : 950 metric tons, for delivery port of Beirut
Whereas Council Regulation (EEC) No 1 827/74 (3) of                   (Lebanon),
11 July 1974 concerning the supply of skimmed-milk
                                                                 — lot B : 650 metric tons, for delivery port of Ashdod
powder as food aid to certain developing countries
and certain international organizations makes provi­                  (Israel).
sion for 1 600 metric tons of skimmed-milk powder                4.     Loading shall take place ,by 10 September 1974
held by intervention agencies to be made available to            at the latest.
the United Nations Relief and Works Agency, here­
inafter called 'UNRWA' ; whereas UNRWA has
requested delivery cif of that skimmed-milk powder ;                                       Article 2
Whereas under Article 5 of Regulation (EEC) No                   1.     The German intervention agency shall draw up
1 826/74 (4) of 11 July 1974 laying down general rules           the notice of invitation to tender, which shall be
for the delivery of skimmed-milk powder as food aid              published in the Official Journal of the European
to certain developing countries and certain interna­             Communities not less than eight days before the
tional organizations, such supplies are as a rule to be          closing date for the submission of tenders.
put out to tender ;
                                                                 2. The closing date for the submission of tenders
Whereas the procedure to be adopted for this purpose             shall be 20 August 1974 at 12 noon .
should in the main be taken over from that esta­
blished by Commission Regulation (EEC) No                        3.     The intervention agency shall indicate in its
 1885/73 (5) of 12 July 1973 concerning invitations to           notice     the  warehouses    where     the skimmed-milk
tender for the costs of delivery, as food aid, of skim­          powder assigned to each lot is held.
med-milk powder held by the intervention agencies ;
Whereas the measures provided for in this Regulation                                       Article 3
are in accordance with the Opinion of the Manage­
ment Committee for Milk and Milk Products,                        1 . Tenders, which shall be in writing, shall be
                                                                 submitted either by delivery by hand to the interven­
                                                                 tion agency against acknowledgement of receipt or by
HAS ADOPTED THIS REGULATION :                                    registered letter or telex addressed "to the intervention
                                                                 agency.
                            Article 1                            2.      No tender may relate to more than one lot.
 1.   Tenders shall be invited in accordance with the             3.     The tender shall indicate :
 provisions of this Regulation for the costs of delivery
 to UNRWA of 1 600 metric tons of skimmed-milk                   (a) the name and address of the tenderer ;
 powder bought-in under Article 7 (5) of Regulation              (b) the amount, expressed in German marks, for
(EEC) No 804/68 , and held by the German interven­                     which the tenderer undertakes to deliver the skim­
tion agency.                                                           med-milk powder cif under the conditions laid
                                                                       down in Article 5 including the insurance costs
(') OJ  No  L 148, 28 . 6. 1968 , p. 13.
(2) OJ  No  L 85, 29. 3. 1974, p. 51 .                                 covering the value of the goods ;
(3) OJ  No  L 190, 13 . 7. 1974, p. 22.
{*) OJ  No  L 190, 13 . 7 . 1974, p. 20 .                        (6) OJ No L 184, 29 . 7. 1968 , p. 34.
(5) OJ  No  L 192, 13 . 7. 1973, p. 31 .                         (7) OJ No L 173 , 28 . 6. 1974, p. 60 .
 ---pagebreak--- 7 . 8 . 74                         Official Journal of the European Communities                              No L 216/ 9
(c) the warehouses where the skimmed milk powder,             tion (EEC) No 804/68 , a maximum amount, expressed
     assigned to each lot, is stocked ;                       in units of account, shall be fixed or alternatively a
                                                              decision shall be taken to make no award .
(d) the port of embarkation, which may be any
     Community port.
                                                                                           Article 7
4.      The tender shall not be valid unless :
                                                              1.      A    tender    shall  be    refused if the amount
(a) it relates to the whole of a lot to which the invita­     proposed, converted into units of account, is more
     tion to tender relates,
                                                              than the maximum amount fixed for the lot in ques­
                                                              tion .
(b) proof is furnished that before expiry of the time
     limit for submission of tenders, the tenderer has
     given the security fixed in Article 4.                   2.      Without prejudice to the provisions of paragraph
                                                              1 , the successful tenderer shall for each lot be the one
5.      The tender may not be withdrawn .                     making the lowest offer. Where two or more valid
                                                              offers specify amounts which when converted into
                                                              units of account are identical, the award shall be made
                         Article 4                            by drawing lots.
 1 . The security required for the invitation to tender       3.      Each tenderer shall be immediately notified by
shall be two units of account per metric ton of skim­         the intervention agency of the result of his participa­
                                                              tion in the invitation to tender. The intervention
med-milk powder.
                                                              agency concerned shall immediately inform the
2. It shall take the form , at the option of the              Commission of the name of the successful tenderer.
Member State concerned, either of a cheque made out
in favour of the intervention agency, or of a bank            4.      Rights and obligations arising in connection
                                                              with the invitation to tender shall not be transferable .
guarantee which satisfies the criteria laid down by the
German Government.
                                                                                           A rticle 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
chargeable to the latter. The rates and other details                                      Article 9
concerning such costs shall be laid down in the
contract between      the successful   tenderer and the       The German Government shall :
carrier and must have been previously agreed upon
between the former and the delivery agent of the recip­        1 . ensure that the successful tenderer shall :
ient.
                                                                   (a) notify the recipient, as soon as possible after the
3 . Except in cases of force majeure every successful                  goods have been loaded on board ship, of
tenderer shall accept all financial liability devolving                 details of the ship, the loading date, the quan­
upon the Community by reason of failure to deliver                      tity and quality of the goods as recorded on
 the skimmed-milk powder at the place and by the                       shipment and the port of unloading ;
 time appointed, provided always that UNRWA has                    (b) at least 10 clear days in advance, inform the
 made it possible for the skimmed-milk powder to be                     recipient of the expected date of arrival at the
so delivered . Costs incurred by reason of failure to                   port of ship's unloading ;
deliver the skimmed-milk powder as a result of force
 majeure shall be borne by the German intervention                 (c) have included in the terms of the charter-party
agency.                                                                 a provision stipulating that the ship's captain
                                                                        shall , at least 72 hours in advance, notify the
                                                                        Recipient of the ship's probable date of arrival
                         Article 6                                      in port ;
 In the light of the tenders received and in accordance        2. send to the Commission as soon as possible the
with the procedure laid down in Article 30 of Regula­              information specified in paragraph 1 (a) and (b).
 ---pagebreak--- No L 216/ 10                        Official Journal of the European Communities                              7 . 8 . 74
                         Article 10                           measures to be taken having regard to the circum­
                                                              stances invoked .
1 . The goods shall be regarded as delivered cif
when they are deposited on the quayside in the port
of unloading or on board lighters, if used.                                            Article 12
2. On delivery in accordance with paragraph 1
UNRWA shall issue a certificate declaring that the            The intervention agency shall pay to the successful
skimmed-milk powder has been delivered.                        tenderer the amount stated in his tender upon produc­
                                                               tion of the certificate referred to in Article 10(2).
                         Article 11
1 . Save in the case of force majeure, the tendering                                   Article 13
security shall be released only if :
(a) the tender has not been accepted ;                         No refund or compensatory amount (whether mone­
                                                               tary or accession) shall be applied in respect of the
(b) the tenderer
                                                               skimmed-milk powder to which this Regulation
     — has not withdrawn his tender before the deci­
                                                               applies.
        sion awarding the tender,
     — has furnished the certificate provided for in
        Article 1 0 (2).                                                               Article 14
2. The security shall be released immediately.
                                                               This Regulation shall enter into force on the third day
3. In cases of force majeure the intervention agency           following its publication in the Official Journal of
selling the skimmed-milk powder shall decide on the            the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 2 August 1974.
                                                                         For the Commission
                                                                             The President
                                                                        Francois-Xavier ORTOLI