CELEX: 31974R0233
Language: en
Date: 1974-01-25 00:00:00
Title: Regulation (EEC) No 233/74 of the Commission of 25 January 1974 on the issue of an invitation to tender for the supply as food aid of skimmed-milk powder to be purchased on the Community market

No L 26/ 10                                Official Journal of the European Communities                              30 . 1 . 74
                                REGULATION (EEC) No 233/74 OF THE COMMISSION
                                                         of 25 January 1974
                 on the issue of an invitation to tender for the supply as food aid of skimmed­
                                milk powder to be purchased on the Community market
THE COMMISSION OF THE EUROPEAN                                        normal development of prices on the market is not
COMMUNITIES,                                                          disturbed, while avoiding a higher financial burden for
                                                                      the Community ;
Having regard to the Treaty establishing the European
Economic Community ;                                                 Whereas the supply, for delivery fob, must be put out
                                                                      to tender, the tendering procedure being set out in
Having regard to Council Regulation (EEC) No                          Commission Regulation (EEC) No 191 1 /73 (7) of 13
804/68 (') of 27 June 1968 on the common organiza­                   July 1973 concerning invitations to tender for the
tion of the market in milk and milk products, as last                 supply as food aid of skimmed-milk powder bought
amended by the Act (2) on the Conditions of Acces­                    on the Community market ; whereas, however, applica­
sion and the Adjustments to the Treaties, and in parti­               tion of that Regulation requires that points, notable
cular Article 7 (5) thereof ;                                         the destination of the skimmed-milk powder, the time
                                                                      limit for the submission of tenders and the terms of
Having regard to Council Regulation (EEC) No                          delivery, be further specified ;
2721 /72 (3) of 19 December 1972 on the supply of
skimmed-milk powder as food aid, as amended by                        Whereas account should also be taken of the fact that
Regulation (EEC) No 2700/73 (4), and in particular                    as a result of the reduction of the intervention price in
Article 4 thereof ;
                                                                      certain Member States pursuant to Article 2 (2) of
                                                                      Council Regulation (EEC) No 1 188 /73 (8) of 8 May
Whereas Regulation (EEC) No 2721 /72 provides, inter
alia, for the supply of 29 450 metric tons of skimmed­
                                                                      1973 fixing the target price for milk and the interven­
                                                                      tion prices for butter, skimmed-milk powder and
milk powder to the World Food Programme ; whereas
that Regulation also provides that, if the skimmed­                   Grana Padano and Parmigiano Reggiano cheeses for
                                                                      the 1973/74 milk year, prices of skimmed-milk
milk powder in public stocks does not have the
                                                                      powder vary within the Community ;
characteristics necessary for a specific destination,
supplies may be ensured by the purchase of skimmed­
milk powder on the Community market ;                                 Whereas the measures provided for in this Regulation
                                                                      are in accordance with the Opinion of the Manage­
Whereas the WFP has made a request for 4 852*7                        ment Committee for Milk and Milk Products,
metric tons of skimmed-milk powder for shipment to
India ; whereas since the recipient country concerned
is a long way from the Community, a stronger
packing is required than that prescribed in the case of               HAS ADOPTED THIS REGULATION :
skimmed-milk powder bought in under intervention
arrangement ; whereas the skimmed-milk powder
must therefore be purchased on the Community                                                    Article 1
market ;
                                                                       1.     Pursuant to Regulation (EEC) No 1911 /73, the
Whereas, given the present situation on the market in                  Belgian , German, French, Dutch and British interven­
skimmed-milk powder which is characterized by rela­                   tion agencies shall issue an invitation to tender for the
tively high prices, the successful tenderer should be                 supply to the World Food Programme for shipment
allowed to purchase an equal quantity of skimmed­                     to India of 4 852-7 metric tons of skimmed-milk
milk powder from public stocks at a price fixed in                     powder from the Community market.
accordance with Article 5 (2) of Council Regulation
(EEC) No 1014/68 (5) of 20 July 1968 laying down                       2. The skimmed-milk powder shall be delivered
general rules for the public storage of skimmed-milk                   fob, in the following lots :
powder, as last amended by Regulation (EEC) No
 121 1 /69 (6) ; whereas this would ensure, as required by            —    lot  A: 700    metric   tons,
Article 2 (2) of Regulation (EEC) No 2721 /72, that the                —   lot  B: 700    metric   tons,
                                                                      —     lot C: 700    metric   tons ,
(') OJ   No   L  148 , 28 . 6. 1968 , p. 13 .                         —     lot D:  700   metric    tons,
(2) OJ   No   L  73 , 27. 3 . 1972, p. 14.                             —    lot E: 752-7  metric   tons,
(3) OJ   No   L  291 , 28 . 12. 1972, p. 28 .
(") OJ   No   L  279, 5. 10. 1973, p. 1 .
(5) OJ   No   L  173, 22. 7. 1968, p. 4.                               (7) OJ No L 196, 17. 7. 1973, p. 12.
(*) OJ   No   L  155, 28 . 6. 1969, p. 13 .                            (8) OJ No L 122, 9 . 5 . 1973 , p. 1 .
 ---pagebreak--- 30 . 1 . 74                          Official Journal of the European Communities                           No L 26/ 11
— lot F : 900        metric tons,                                                        Article 6
— lot G : 400        metric tons .
                                                                1 . The relevant intervention agency shall, at his
3 . Delivery of the lots referred to in paragraph 2             request, sell to the successful tenderer a quantity of
shall take place on a date to be set by the intervention        skimmed-milk powder bought in under Article 7 of
agency concerned, such date to be after 14 and before           Regulation (EEC) No 804/68 equal to the quantity to
31 March 1974.                                                  be supplied by him. The contract of sale shall be
                                                                concluded within 15 days from the day of receipt of
                                                                the information of allocation of the tender.
                          Article 2
                                                                2. The skimmed-milk powder shall be sold ex ware­
The skimmed-milk powder concerned shall be packed               house at a price equal to the buying-in price applied
in 25 kg bags meeting the specifications set out in the         by the relevant intervention agency to the date
Annex .
                                                                referred to in Article 4 of the expiry date of the tender
                                                                plus 2 units of account per 100 kg.
                          Article 3
                                                                3 . The buyer shall pay the intervention agency for
The Community port indicated in the tender must be              the skimmed-milk powder prior to taking it over
accessible to seagoing vessels.                                 pursuant to paragraph 4.
                                                                4. The buyer shall take over the skimmed-milk
                          Article 4                             powder within 15 days of the day on which the
The time limit for the submission of tenders shall
                                                                contract of sale is concluded. This operation may be
                                                                effected in stages.
expire at 12 noon on 12 February 1974.
                                                                Except in cases of force majeure, if the buyer fails to
                           Article 5                            take over the skimmed-milk powder within the period
                                                                specified the sale shall be cancelled in respect of the
The corrective referred to in Article 2 (2) of Regula­          quantities remaining and the successful tenderer shall
tion (EEC) No 1188/73 shall not be applied to                   not be allowed to conclude a fresh contract at a later
skimmed-milk powder supplied by the tenderer under              date .
this Regulation .                                                5. The right conferred on the successful tenderer
However, when the maximum amount referred to in                 by this Article shall not be transferable.
Article 6 of Regulation (EEC) No 1911 /73 is being                                       Article 7
fixed, account shall be taken of the reduction pursuant
to Article 2 ( 1 ) of Regulation (EEC) No 1188 /73 in the       This Regulation shall enter into force on the day
intervention price applicable in Germany and in the              following its publication in the Official Journal of
Benelux States .                                                 the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 25 January 1974.
                                                                          For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOLI
 ---pagebreak--- No L 26/ 12                               Official Journal of the European Communities                                                         30 . 1 . 74
                                                                      ANNEX
             I. Packing :
                   (a) net weight of contents 25 kg,
                   (b) composition of packing :
                         1 Kraft paper bag of a strength of at least 80 g/m2,
                        3 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 08 mm thickness, closed by double binding.
            II. Marking of packing :
                   The bag must bear, in the language specified by the relevant agency, the following particulars :
                   (a) port of destination,
                   (b) description 'Skimmed-milk powder',
                   (c) the words : 'Gift of the European Communities — World Food Programme Action',
                   (d) net weight : '25 kg',
                   (e) name and address of the successful tenderer,
                   (f) lot number and number of bags comprising the lot.
            ( l ) This bag may be replaced by a Kraft bag lined with polyethylene of total combined strength of at least 80 g + 15 g per m 2 .