CELEX: 31972R2537
Language: en
Date: 1972-12-04 00:00:00
Title: Regulation (EEC) No 2537/72 of the Commission of 4 December 1972 concerning invitations to tender for the supply of butteroil to the World Food Programme

120                                    Official Journal of the European Communities
5.12.72                                Official Journal of the European Communities                                  No L272/ 15
                                  REGULATION (EEC) NO 2537/72 OF THE COMMISSION
                                                      of 4 December 1972
                   concerning invitations to tender for the supply of butteroil to the World Food Programme
THE COMMISSION OF THE EUROPEAN COMMUNI­                             HAS ADOPTED THIS REGULATION :
TIES,
                                                                                               Article 1
Having regard to the Treaty establishing the European
                                                                    1 . In accordance with the terms set out in this Regula­
Economic Community ;
                                                                    tion, tenders shall be invited for the supply to the WFP
                                                                    of butteroil manufactured from butter bought in under
Having regard to Council Regulation (EEC) No 804/68
of 27 June 1968 on the common organization of the                   Article 6(1) of Regulation (EEC) No 804/68.
market in milk and milk products 1, as last amended by
                                                                    2. Delivery shall be fob port of loading.
Regulation (EEC) No 141 ^/7 1 2, and in particular Article
6 ( 7) thereof;
                                                                                               Article 2
Whereas Council Regulation (EEC) No 1692/72 of 20                    1 . The tendering procedure provided for in Article 1
August 1972 laying down general rules for the supply of             shall be organized by the intervention agencies of the
milk fats to the World Food Programme and to                        Member States in accordance with provisions still to be
                                                                    determined .
UNWRA 3 makes provision for the supply to the World
Food Programme, hereinafter referred to as 'the WFP',
of 13 000 metric tons of butteroil manufactured from                2. The intervention agency shall draw up a notice of in­
butter held by intervention agencies ;                              vitation to tender which shall be published in the Official
                                                                    Journal of the European Communities hot less than ten
                                                                    days before the closing date for submission of tenders.
Whereas Article 2 (2) of Regulation (EEC) No 1692/72
                                                                    3 . In its notice of invitation to tender the intervention
provides that the butteroil must be supplied under a ten­
dering procedure organized by the appropriate agencies              agency shall indicate the storage depots in which the but­
of the Member States in accordance with provisions still            ter intended for the manufacture of butteroil is stored
to be determined ;                                                  and shall take all necessary steps to allow interested par­
                                                                    ties to examine samples of the butter at their own ex­
                                                                    pense prior to submitting a tender.
Whereas this tendering procedure should, for the most
part, be based on that hitherto applied in respect of sup­                                      Article 3
plies to the WFP and, in particular, on the terms set out
in Commission Regulation (EEC) No 900/ 70 of 19 May                  Participation m the tendering procedure shall be con­
 1970 concerning invitations to tender for the supply of             fined to processing undertakings approved for this pur­
 16 000 metric tons of butteroil to the World Food                   pose by the Member State on whose territory processing
Programme4, as last amended by Regulation (EEC) No                   is to take place. Only undertakings which are capable of
789/ 7 1 5 ;                                                         fulfilling the obligations set out in the Regulation may be
                                                                    approved.
Whereas the measures provided for in this Regulation
are in accordance with the Opinion of the Management                                           Article 4
Committee for Milk and Milk Products .
                                                                     1 . Tenders shall be submitted either by hand, against
                                                                    receipt, to the intervention agency or by registered letter
                                                                    addressed to the intervention agency . The intervention
 1 OJ No L 148, 28.6.1968, p. 13 .                                  agency may also authorize the use of telex.
2  OJ No L 148-, 3.7.1971 , p. 4.
3  OJ NoL 178, 5.8.1972, p. 1 .
                                                                    2 . Where the invitation to tender covers a number of
?  OJ NoL 108, 20.5.1970, p. 13 .
3  OJN0L86, 16.4.1971 , p. 24.                                      lots , each tender may relate to one lot only .
 ---pagebreak---                                            Official Journal of the European Communities                                        121
 3 . The tender shall state :                                                                     Articles
(a) the name and address of the tenderer;                              1 . The tender shall be rejected if the amount proposed is
                                                                      higher than the maximum amount fixed for the lot in
(b) the amount , expressed in the currency of the Member
                                                                      question.
      State in which the invitation to tender is issued, at
      which the tenderer undertakes to deliver the butteroil
                                                                      2. Without prejudice to paragraph 1 , the contract shall
      fob; this figure shall include the purchase price of the
      butter under the conditions set out in Article 9 and
                                                                      be awarded to the tenderer proposing the lowest amount
      Article 13(1 ) and the cost of processing, packaging
                                                                      in his tender. Where a number of tenders quoting the
                                                                      same amount expressed in units of account must be con­
      and delivering the butteroil to the fob stage; stowage
      costs are excluded;
                                                                      sidered, the contract shall be awarded by drawing lots.
(c) the storage depot or depots at which the tenderer                 3 . Each tenderer shall be immediately informed of the
      wishes to collect the butter, chosen from among the             result of his participation in the invitation to tender.
      storage depots listed for each lot ;
(d) the port of loading chosen from among the following ;             4. Rights and obligations arising out of the invitation to
                                                                      tender shall not be transferable.
      Antwerp, Bremen, Dunkirk , Genoa, Hamburg, Le
      Havre, Marseilles , Rotterdam and Trieste.
                                                                                                  A rticle 9
4. A tender shall not be valid unless it relates to an en­
tire lot put up for tender.                                            1 . The purchase price of the butter shall be 186 units of
                                                                      account per 100 kilogrammes ex cold storage depot.
5 . A tender shall not be valid unless :
                                                                       2 . Subject to the provisions of Article 13(1 ), the tender­
(a) it is accompanied by evidence of the approval re­
                                                                      er shall pay for the butter delivered within 45 days of the
      ferred to in Article 3 ;
                                                                      date fixed by the intervention agency for the delivery fob
(b) the tenderer gives an undertaking that he will comply             of the butteroil .
      with Article 6 (2) and Article 10;
(c) the tenderer includes a declaration that he will forgo
                                                                                                 A rticle 10
      any claim regarding the quality and characteristics
      of any butter sold;                                              1 . The successful tenderer shall deliver the quantity of
                                                                      butteroil covered by the tender and meeting the quality
(d) proof is furnished that the tenderer lodged the deposit
      referred to in Article 5 before the time limit for the
                                                                      and packaging requirements set out in the Annex to this
                                                                      Regulation fob to the port indicated in the tender on the
      submission of tenders expired.
                                                                      date specified by the intervention agency. The butteroil
                                                                      shall be treated as delivered fob when the butteroil cross­
                            A rticle 5
                                                                      es the rail of the ship at the port of loading.
 1 . The tendering deposit shall be 10 units of account per
metric ton of butteroil .                                             2 . The successful tenderer shall submit to any quantita­
                                                                      tive control carried out at the port by the representative
2. It shall be paid, at the discretion of the Member State            of the WFP . He shall for this purpose supply a list of the
concerned, either in the form of a cheque made out to the             lots making up the consignment.
intervention agency , or in the form of a guarantee meet­
ing criteria laid down by the Member State concerned.                                            Article 11
                            A rticle 6                                Where processing into butteroil or delivery fob is effect­
                                                                      ed in the selling Member State :
 1 . The intervention agency shall take all necessary steps
to allow the successful tenderer to collect the butter re­            1 . The appropriate agency of the Member State in which
quired for the manufacture of the butteroil from the stor­                 these operations take place shall at the time of manu­
age depot specified in his tender.                                         facture or packaging :
                                                                           - subject the butteroil to the inspection referred to
2. The butteroil to be supplied under this procedure                          in Article 3(b) of Regulation (EEC) No 1692/72;
must be manufactured exclusively from butter collected
                                                                           - ensure that Article 6 (2) has been complied with.
by the successful tenderer for this purpose from the inter­
vention agency .                                                      2. If the agency in question finds that the requisite con­
                                                                           ditions have been met, it shall issue a certificate to
                            Article 7                                      this effect to the successful tenderer.
In the light of the tenders received and in accordance                3 . When the goods have been delivered fob under the
with the procedure laid down in Article 30 of Regulation                   conditions referred to in Article 10, the appropriate
(EEC) No 804/68, a maximum amount shall be fixed or                        agency in the Member State in which loading takes
a decision shall be taken not to proceed with the invita­                  place shall, on production of the certificate referred
tion to tender.                                                            to in paragraph 2, issue a loading certificate.
 ---pagebreak--- 122                                        Official Journal of the European Communities
                            Article 12                                       from the office which controlled the processing indi­
Where processing into butteroil or delivery fob is effect­                   cated in 1 and return this copy through that office to
ed in a Member State other than the selling Member                           the office of departure in the selling Member State.
State, proof that the goods have been delivered fob under             (b) where the butter processed into butteroil is to be de­
the conditions referred to in Article 10 shall be given by                  livered fob in another Member State :
the production of the control copy referred to in Article
                                                                            ' Butteroil destine à la livraison fob au PAM , au titre
 1 of Commission Regulation (EEC) No 2315/69 of 19                           du règlement (CEE) no 2537/ 72'
November 1969 on the use of Community transit docu­
ments for the purpose of applying Community measures                         'Zur Lieferung fob an das WEP bestimmtes butteroil
for verifying the use and/or destination of goods.                           gemäß Verordnung (EWG) Nr. 2537/ 72'
                                                                             ' Butteroil destinato ala consegna fob al PAM , in
Sections 101 , 103 and 104 of the control copy shall be                      virtù del regolamento (CEE) n. 2537/ 72'
completed. Section 104 shall be completed by deleting
what does not apply and inserting one of the following in                    ' Butteroil bestemd voor levering fob aan het WVP,
the second indent :                                                          overeenkomstig Verordening (EEG) nr. 2537/ 72'
(a) where the butter is to be processed in another Mem­                      ' Butter for delivery fob to the WFP under Regulation
    ber State :                                                              (EEC) No 2537/ 72.'
                                                                                                  Article 13
     'beurre destiné       1 , à être transforme en butteroil,
                           2, puis à être livré fob au PAM             1 . On production of the documentary evidence referred
                                                                      to :
                                ay titre du règlement (CEE)
                                 no 2537/ 72'                         - in Article 1 1 (2) and ( 3), where the butter is processed
     ' Butter bestimmt 1 . zur Verarbeitung zu butteroil,                  and delivery fob effected in the selling Member State;
                           2. alsdann zur Lieferung fob an            - in Article 1 1 ( 2) and Article 12 (b), where the butter is
                                 das WEP gemäß Verordnung                  processed in the selling Member State and delivery
                                                                           fob is effected in another Member State ;
                                (EWG) Nr. 2537/72'
     ' Burro destinato     1 . ad essere trasformato m butter­        - in Article 12 (a), where the butter is processed into
                               oil ,                                       butteroil in a Member State other than the selling
                                                                           Member State,
                           2. ad essere poi consegnato fob
                                 al PAM a titolo del regola­          the appropriate agency of the Member State in which the
                                 mento (CEE) n. 2537/ 72'             butter is processed into butteroil shall cancel the tender­
     ' Boter bestemd       1.   om te worden verwerkt tot but­        er's obligation to pay the purchase price of the butter up
                               teroil ,                               to the amount indicated in the tender and shall , within 1 5
                                                                      days of production of the documentary evidence indicat­
                           2. om nadien fob te worden ge­
                                 leverd aan het WVP krach­
                                                                      ed above, pay him the difference between these two
                                                                      sums , if the difference is in favour of the tenderer.
                                 tens Verordening (EEG) nr.
                                 2537/ 72'                            Where the obligation is cancelled in a Member State oth­
     ' Butter              1 . for processing into butteroil          er than the selling Member State, the appropriate agency
                               and                                    of the first Member State shall immediately inform the
                           2. for subsequent delivery fob to          appropriate agency of the selling Member State of the
                                 the WFP under Regulation             sum affected by the cancellation.
                                 (EEC) No 2537/72.'     "
                                                                      2. Furthermore, the appropriate agency of the Member
     Where the control of the destination indicated in 2 is           State on whose territory processing took place shallv
       carried out in a Member State other than that in               within a maximum period of 60 days , transfer to the
      which the processing indicated in 1 is effected, the            WFP a sum of 87*5 units of account per metric ton of
       customs office under whose control the processing              butteroil delivered, representing a contribution towards
       indicated in 1 is effected shall return the control copy       the cost of forwarding and distributing the butteroil .
      to the customs office of departure with" a note to the
                                                                                                   Article 14
      effect that it has merely controlled the processing
       indicated in 1 and issue to the interested party the            Except in cases of force majeure, the tenderer shall as­
       control copy referred to in Article 1 of Regulation             sume responsibility for any financial consequences
      (EEC) No 2315/69 with Sections 101 , 103, 104 and                which failure to deliver the butteroil at the time and
       106 duly completed. Section 104 shall include one of            place specified might have for the Community , delivery
       the endorsements set out under (b) below ; section              at the time and place specified having been made possi­
       106 shall indicate t^e number of the control copy               ble by the WFP. Where the butteroil is not delivered for
       from the office of departure and the name of this of­           reasons of force majeure, the resultant costs shall be
       fice. The customs office which controls the destina­            borne by the appropriate agency of the Member State in
       tion indicated in 2 shall endorse the control copy              which processing took place.
 ---pagebreak---                                         Official Journal of the European Communities                                      123
                           Article 15                                 3 . In cases of force majeure, the selling intervention
 1 . Except in cases offorce majeure, the tendering deposit          agency shall determine the measures judged to be neces­
provided for in Article 5 shall he released only :                   sary in view of the circumstances invoked.
(a) if the tenderer has not withdrawn his tender before a                                      Article 16
      decision on the award of contracts has been taken if
     he has supplied the intervention agency with the                No refund or compensatory amount shall be applied to
      documentary evidence indicated in the first, second            the butter or butteroil covered by this Regulation.
      or third indent, as the case may be, of Article 13(1);
                                                                                               Article 17
(b) if the tender is not taken into consideration.
                                                                     This Regulation shall enter into force on the third day
                                                                     following its publication in the Official Journal of the
2. The deposit shall be released immediately.                        European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member States .
                Done at Brussels , 4 December 1972 .
                                                                                             For the Commission
                                                                                                 The President
                                                                                               S. L. MANSHOLT