CELEX: 31974R2826
Language: en
Date: 1974-11-11 00:00:00
Title: Regulation (EEC) No 2826/74 of the Commission of 11 November 1974 on the opening of an invitation to tender for skimmed-milk powder held by the United Kingdom intervention agency

12. 11 . 74                              Official Journal of the European Communities                            No L 302/5
                             REGULATION (EEC) No 2826/74 OF THE COMMISSION
                                                      of 11 November 1974
              on the opening of an invitation to tender for skimmed-milk powder held by the
                                            United Kingdom intervention agency
THE COMMISSION OF THE EUROPEAN                                      — placed in store before 1 June 1973 ;
COMMUNITIES,                                                        — no longer satisfying the requirements of' Article 1
                                                                        paragraph 1 of Regulation (EEC) No 1108 /68 ;
Having regard to the Treaty establishing the European               — packaged indicated in the Annex to this Regula­
Economic Community ;                                                    tion .
Having regard to Council Regulation (EEC) No                                                 Article 2
804/68 (') of 27 June 1968 on the common organiza­
tion of the market in milk and milk products, as last               1 . As regards the procedure for tenders, Article 4
amended by Regulation (EEC) No 662/74 (2), and in                   and the subsequent Articles of Regulation (EEC) No
particular Article 7 (5) thereof ;                                  1108 /68 shall apply, with the exception of Articles 7
                                                                    and 10 .
Whereas the United Kingdom intervention agency                      2.    The following provisions shall apply in place of
holds certain quantities of skimmed-milk powder                     those of Article 7 as aforesaid :
which, by reasons of its age and its packaging, for
which a special exception was required, is now diffi­               (a) Tenders, which shall be in writing, shall be
cult to conserve and no longer satisfies the require­                   submitted either by delivery by hand to the inter­
ments of Article 1 ( 1 ) of Commission Regulation                       vention agency against acknowledgement of
(EEC) No 1108 /68 (3) of 27 July 1968 on detailed                       receipt or by registered letter or by telex addressed
rules of application for public storage of skimmed­                     to the intervention agency ;
milk powder, as last amended by Regulation ( EEC)                   (b) The tender shall specify :
No 1 636/74 (4) ; whereas these stocks of skimmed­
milk powder should therefore be put up for sale ;                       — the name and address of the tenderer ;
                                                                        — the price expressed in pounds sterling offered
Whereas, in order to ensure equal access to all inte­                       per metric ton ex storage depot exlusive of
                                                                            internal taxes ;
rested parties, the skimmed-milk powder in question
should be sold by tender ; whereas the provisions                       — the name of the storage depot and the number
required for this purpose can in the main be taken                          of the lot tendered for.
from Regulation (EEC) No 1 108 /68 ; whereas,
however, certain points concerning participation in                     A tender indicating two or more lots shall be
tenders and the award of contracts should be specified                  regarded as comprising a number of separate
in greater detail ;                                                     tenders equal to the number of lots indicated ;
                                                                    (c) A tender shall not be valid unless :
Whereas the measures provided for in this Regulation                    — it relates to the whole of a lot ;
are in accordance with the Opinion of the Manage­                       — it is accompanied by a declaration whereby the
ment Committee for Milk and Milk Products,
                                                                            tenderer agrees to forego all claims as to the
                                                                            quality and characteristics of any skimmed­
                                                                            milk powder sold to him ;
                                                                        — proof is given before expiry of the period set
HAS ADOPTED THIS REGULATION :                                               for the submission of tenders that the security
                                                                            referred to in Article 8 of Regulation ( EEC) No
                                                                             1108 /68 has been provided .
                            Article 1                               3.    The following provisions shall apply in place of
                                                                    those of Article 10 as aforesaid :
Tenders shall be invited for the purchase of skimmed­              (a) any tender quoting a price lower than the
milk powder held by the United Kingdom interven­                        minimum price as fixed in accordance with
tion agency, being skimmed-milk powder :                                Article 9 of Regulation ( EEC) No 1108/68 , shall
                                                                        be refused ;
(')  OJ No L 148 , 28 . 6 . 1968 , p. 13 .
(2 ) OJ No L 85 , 29 . 3 . 1974, p. 51 .                           (b) subject as provided in (a ) above, the contract shall
(3)  OJ No L 184, 29 . 7 . 1968 , p. .34 .                              be awarded to the person submitting the highest
(4)  OJ No L 173 , 28 . 6 . 1974, p. 60 .                               tender for the lot in question ;
 ---pagebreak--- No L 302/6                            Official Journal of the European Communities                               12. 11 . 74
(c) if two or more tenders relating to the same lot indi­           4.    The closing date for the submission of tenders
    cate the same price the contract shall be awarded               shall be 25 November 1974 at 12 noon .
    by drawing lots ;                                                                        Article 4
(d) the rights and obligations arising by virtue of parti­          This Regulation shall enter into force on the day
    cipation in the invitation to tender shall not be               following its publication in the Official Journal of
    transferable .                          «                       the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 11 November 1974.
                                                                              For the Commission
                                                                                  The President
                                                                             Francois-Xavier ORTOLI
                                                            ANNEX
                                              Packaging of skimmed-milk powder
              1 . 3 Kraft paper bags, of a strength of 80 g/m2 ;
                   1 poly-coated Kraft paper bag, of a strength of 75 g/m2 ;
                   1 wax-coated Kraft paper bag, of a strength of 80 g/m 2 .
              2. Each bag is capped by a crepe paper tape and sealed by sewing with a double cotton stitch and a
                   jute cord .