CELEX: 31975R1854
Language: en
Date: 1975-07-19 00:00:00
Title: 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

No L 188 / 16                             Official Journal of the European Communities                                19 . 7. 75
                              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 ;
Having regard to Council Regulation (EEC) No                         2.       At the time it is withdrawn from stock, the skim­
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
tional organizations under the 1975 programme,                       The conditions for packing are laid down in the
makes provision for 2 000 metric tons of skimmed­                    Annex to this Regulation .
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 .
(2 ) OJ No L  74, 22. 3 . 1975, p. 1 .                                powder is held.
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.
 ---pagebreak--- 19 . 7 . 75                          Official Journal of the European ' Communities                          No L 188 / 17
                          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 ;
(b) the amount, expressed in Luxembourg francs, for             In the light of the tenders received and in accordance
     which the tenderer undertakes to deliver the skim­        with the procedure laid down in Article 30 of Regula­
     med-milk powder cif under the conditions laid             tion (EEC) No 804/68 , a maximum amount, expressed
     down in Article 5 including the insurance costs            in units of account, shall be fixed or alternatively a
                                                               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
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 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 ;
 ---pagebreak---  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 ;
    (c) have included in the terms of the charter-party       2.    The security shall be released immediately.
        a provision stipulating that the ship's captain
        shall, at least 72 hours in advance, notify the       3 . In cases of force majeure the intervention agency
        recipient of the ship's probable date of arrival      selling the skimmed-milk powder shall decide on the
        in port ;                                             measures to be taken having regard to the circum­
                                                              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
 ---pagebreak--- 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/m2 ;
                  two clubpack-Kraft paper bags of a strength representing at least 70/75 g/m2 ;
                  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 .