CELEX: 31974R0521
Language: en
Date: 1974-03-04 00:00:00
Title: Regulation (EEC) No 521/74 of the Commission of 4 March 1974 on the opening of an invitation to tender for skimmed-milk powder held by intervention agencies and intended for export

5 . 3 . 74                                  Official Journal of the European Communities                              No L 63/3
                                REGULATION ( EEC) No 521 /74 OF THE COMMISSION
                                                           of 4 March 1974
                on the opening of an invitation to tender for skimmed-milk powder held by
                                          intervention agencies and intended for export
THE COMMISSION OF THE EUROPEAN                                                                   Article 2
COMMUNITIES,
                                                                       1 . As regards the procedure for tenders, Article 4
Having regard to the Treaty establishing the European
                                                                       and the subsequent Article of Regulation (EEC) No
Economic Community ;
                                                                       1108 /68 shall apply, with the exception of Articles 7
                                                                       and 10 .
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                  2. The following provisions shall apply in place of
amended by Regulation ( EEC) No 419/74 (2 ), and in                    those of Article 7 of Regulation (EEC) No 1108 /68 :
particular Article 7 (5) thereof ;
                                                                       (a) Tenders, which shall be in writing, shall be
Whereas large quantities of skimmed-milk powder are                         submitted either by delivery by hand to the inter­
at present held in public stocks within the Commu­                          vention agency against acknowledgement of
nity ; whereas, to the extent that appropriate outlets                      receipt or by registered letter or telex addressed to
are available, steps should be taken to sell that                           the intervention agency.
powder ;
                                                                       (b) The tender shall specify :
Whereas there is a temporary shortage of skimmed­
milk powder meeting export requirements ; whereas                           — the name and address of the tenderer ;
exporters should be authorized to obtain supplies
from intervention agencies ;                                                — the price offered per metric ton ex storage
                                                                                depot exclusive of internal taxes, expressed in
Whereas, in order to ensure equal access to all in­                             the currency of the Member State in which the
terested parties, the skimmed-milk powder in ques­                              invitation to tender is organized ;
tion should be sold by tender ; whereas the provisions
required for this purpose can in the main be taken                          — the name of the depot where the quantity
from Commission Regulation (EEC) No 1 108 / 68 (3) of                           tendered for is stored .
27 July 1968 on detailed rules of application for
public storage of skimmed-milk powder, as last                              A tender indicating more than one depot shall be
amended by Regulation ( EEC) No 77/ 74 (4) ; whereas,                       regarded as comprising a number of separate
however, certain points concerning participation in                         tenders equal to the number of depots indicated.
tenders and the award of contracts should be specified
in greater detail ;                                                    (c) A tender shall not be valid unless :
Whereas the measures provided for in this Regulation                        — it relates to a minimum of 100 metric tons ;
are in accordance with the Opinion of the Manage­
ment Committee for Milk and Milk Products ,                                 — it is accompanied by a declaration whereby the
                                                                                 tenderer agrees to forgo any claim as to the
                                                                                quality or characteristics of the skimmed-milk
HAS ADOPTED THIS REGULATION :                                                    powder which may be assigned to him ;
                                                                            — it is accompanied by the undertaking required
                               Article 1                                         under Article 3 ;
 1 . Tenders shall be invited for the purchase for                          — proof is given before expiry of the period set
export of 15 000 metric tons of skimmed-milk                                     for the submission of tenders that the security
powder, of which                                                                 referred to in Article 8 of Regulation ( EEC) No
— 1 800 metric tons from stocks held by the Belgian                              1108 / 68 has been provided .
      intervention agency and
— 13 200 metric tons from stocks held by the French                     3.     The following provisions shall apply in place of
      intervention agency .                                             those of Article 10 of Regulation ( EEC) No 1108 /68 :
2.      The skimmed-milk powder referred to in para­                   (a ) any tender quoting a price lower than              the
graph 1 shall be purchased from stocks bought in                            minimum price shall be refused ;
before 1 July 1973 ; it shall be packaged as stipulated
in the Annex to this Regulation .                                      (b) subject to subparagraph (a) above, the contract
                                                                            shall be awarded to the highest tender ;
(')  OJ  No  L  148 , 28 . 6 . 1968 , p . 13 .                         (c ) if two or more tenders relating to the same quan­
(2 ) OJ  No  L  49 , 21 . 2 . 1974, p . 2 .
(} ) OJ  No  L  184, 29 . 7 . 1968 , p . 34 .                               tity offer the same price contracts shall be awarded
(4)  OJ  No  L  9, 11 . 1 . 1974, p . 38 .                                  by drawing lots ;
 ---pagebreak--- No L 63 /4                          Official Journal of the European Communities                               5 . 3 . 74
(d) the rights and obligations arising by virtue of parti­    — ' Lait écrémé en poudre destiné à 1 exportation
     cipation in the invitation to tender shall not be             conformément au règlement (CEE) n0 521 /74'.,
     transferable ;
                                                              — Magermilchpulver für die Ausfuhr gemäß der
(e) a tender may indicate that it should be regarded as            Verordnung (EWG) Nr. 521 /74',
     submitted only if a contract is awarded for the
     whole quantity indicated in the tender or for a           — ' Latte scremato in polvere destinato all esporta­
                                                                    zione, conformemente al regolamento (CEE) n .
     quantity in respect of which specific requirements             521 /74',
     are stipulated in the tender.
4.     The time limit for the submission of tenders
                                                               — 'Magere-melkpoeder bestemd voor uitvoer, volgens
                                                                    Verordening (EEG) nr. 521 /74',
shall be Tuesday 19 March 1974 at 12 noon .
                                                               — Skimmed-milk powder for export in accordance
                         Article 3                                  with Regulation (EEC) No 521 /74',
 Every tenderer shall undertake to export to third coun­       — 'Skummetmælkspulveret bestemt for export i over­
tries before 1 May 1974 the entire quantity of                      ensstemmelse med forordning (EØF) nr. 521 /74'.
skimmed-milk powder assigned to him .
                                                                                          Article 7
                         Article 4
                                                               1 . The tendering security shall be released in accor­
 1.     Every successful tenderer shall, before taking         dance with the provisions of Article 13 of Regulation
 over the quantity assigned to him , provide an export         (EEC) No 1108 /68 .
 security which shall be fixed, for each 100 kg of
 skimmed-milk powder, at the same time as the                  2.     Except in cases of force majeure, the export secu­
 minimum selling price, by reference to the difference         rity shall be released only in respect of quantities for
 between the market price of skimmed-milk powder               which the purchaser can prove that the skimmed­
 and the minimum price.                                        milk powder has left the geographical territory of the
                                                               Community before 1 May 1974.
 2.     Such security shall be provided in one or other
 of the forms specified in Article 8 (2) of Regulation         3.     Such proof shall be furnished as follows :
 (EEC) No 1108 / 68 .                                          — where the product leaves the geographical territory
                                                                    of the Community from the the territory of the
                         Article 5                                  Member State of sale : by production of a customs
                                                                    document certifying that the product has so left
 1.     From the time of its removal from store the
                                                                    and stating that exportation has taken place in
 skimmed-milk powder shall be subject to customs                    accordance with Regulation ( EEC) No 521 /74 ;
 control or to an administrative control providing
 equivalent guarantees until it leaves the geographical        — where the product leaves the geographical territory
 territory of the Community.                                        of the Community from the territory of a Member
                                                                    State other than the Member State of sale : by
 2. The customs formalities on exportation shall be                 production of the control copy referred to in
 completed in the Member State of sale .                            Article 6 .
                         Article 6
                                                                                          Article 8
  1.    Where the product leaves the geographical terri­
                                                               The Member State shall on the Tuesday of each week
 tory of the Community from a Member State other
                                                                inform the Commission of the quantities of skimmed­
 than the Member State of sale, proof that the product
                                                                milk powder removed from store during the previous
 has so left shall be furnished by production of the
                                                               week under this Regulation .
 control copy referred to in Article 1 of Regulation
 (EEC) No 2315/69 .
                                                                                          Article 9
 2.     Sections 101 , 103 and 104 of the control copy
 shall be completed . Section 104 shall be completed by        This Regulation shall enter into force on the day
 deleting as necessary and entering under the second            following its publication in the Official Journal of
  indent one of the following endorsements :                    the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels , 4 March 1974 .
                                                                           For the Commission
                                                                               The President
                                                                          Francois-Xavier ORTOLI
 ---pagebreak--- 5 . 3 . 74                        Official Journal of the European Communities                           No L 63/ 5
                                                        ANNEX
                                         Packaging of skimmed-milk powder
           4 Kraft paper bags of a strength of at least 70 g/m2,
           1 interposed tar-lined paper bag of a strength of at least 140 g/m2 ,
           1 separate inner bag of polyethylene of at least 0-06 mm thickness, closed by double binding.