CELEX: 31975R0597
Language: en
Date: 1975-03-08 00:00:00
Title: Regulation (EEC) No 597/75 of the Commission of 6 March 1975 concerning invitations to tender for the costs of delivery of skimmed-milk powder in public storage as food aid to the countries of the Sahel and Ethiopia

8 . 3 . 75                               Official Journal of the European Communities                            No L 63/7
                               REGULATION ( EEC) No 597/75 OF THE COMMISSION
                                                        of 6 March 1975
              concerning invitations to tender for the costs of delivery of skimmed-milk
                 powder in public storage as food aid to the countries of the Sahel and Ethiopia
THE COMMISSION OF THE EUROPEAN                                     Whereas the measures provided for in this Regulation
COMMUNITIES,                                                       are in accordance with the Opinion of the Manage­
                                                                   ment Committee for Milk and Milk Products ,
Having regard to the Treaty establishing the European
Economic Community ;
                                                                   HAS ADOPTED THIS REGULATION :
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                                        Article 1
amended by Regulation ( EEC) No 465/75 (2), and in
particular Article 7 (5) thereof ;                                  1.     When it is decided to make deliveries of skim­
                                                                    med-milk powder in public storage, pursuant to
Whereas Council Regulation ( EEC) No 3234/74 (3 ) of                Regulations (EEC) No 3234/74 and (EEC) No
17 December 1974 on the supply of skimmed-milk                      3236/74, the tendering shall be made according to the
powder as food aid to the countries of the Sahel , Ethi­            rules set out in this Regulation .
opia and Somalia under Regulation (EEC) No
1826/74, provides for the supply to these countries of              2.     At the time it is withdrawn from stock , the skim­
5 000 metric tons of skimmed-milk powder to be                      med-milk powder shall , as to quality and packing,
drawn on the 6 000 metric tons reserve stock provided               satisfy the requirements laid down in the Annex to
for in Council Regulation (EEC) No 1 827/74 (4) of 11               this Regulation .
July 1974 on the supply of skimmed-milk powder as
food aid to certain developing countries and interna­               3.     In addition the intervention agency shall supply
tional organizations ;                                              2 % of the number of bags, empty, identical to those
                                                                    containing the goods and to b*. delivered with the
Whereas Council Regulation ( EEC) No 3236/74 (5) of                 goods.
 17 December 1974 laying down general rules for the
supply of skimmed-milk powder as food aid to the                                             Article 2
countries of the Sahel and Ethiopia, provides for the
supply to these countries of 9 000 metric tons of skim­
med-milk powder ;                                                    1 . The competent authority of the Member State
                                                                    concerned shall for each individual delivery issue an
                                                                    invitation to tender.
Whereas, pursuant to the provisions of Regulations
( EEC) No 3234/74 and ( EEC) No 3236/74, the                        2 . The intervention agency shall draw up a notice
Community shall take in charge the delivery to the                  of invitation to tender which shall specify in parti­
places of destination and shall pay in whole or in part             cular :
directly to the recipient country the costs of
forwarding from the cif stage in the form of a                      — the location of the stored skimmed-milk powder,
lump-sum contribution , where the supply agreement                  — the quantity of skimmed-milk powder to be trans­
so provides ;                                                            ported ,
                                                                    — the destination and terms of delivery,
Whereas, pursuant to the provisions of the Regula­
tions in question delivery costs shall as a general rule            — the terms concerning the insurance of the goods
be determined by the tendering procedure ;                               to be transported ,
                                                                    — the time limit within which , and the place where,
Whereas the procedure to be adopted for this                             tenders must be submitted ,
tendering should in the main be the procedure used                  — the date on which delivery must be made .
hitherto in similar cases ;
                                                                    3.     The    notice of   invitation to tender   shall be
(')  OJ  No L 148 , 28 . 6 . 1968 , p. 13 .                         published in the Official Journal of the European
(2 ) OJ  No L 52, 28 . 2. 1975, p. 8 .
(3 ) OJ  No L 346, 24. 12 . 1974, p. 2 .                             Communities at least 10 days before the closing date
(4 ) OJ  No L  190 , 13 . 7 . 1974, p. 22 .                         for tenders. Besides, the intervention agency may
(5 ) OJ  No L 346, 24. 12 . 1974, p. 4 .                            make other publications .
 ---pagebreak--- No L 63 / 8                         Official Journal of the European Communities                               8 . 3 . 75
                         Article 3                                                      A rticle 6
 1.    Tenderers responding to an individual invitation        1 . The tender shall be rejected if the amount
to tender shall submit their tenders to the interven­
                                                              proposed, converted into units of account, is more
tion agency, in writing, either by delivery by hand,          than the maximum amount valid for the delivery in
against receipt, or by registered letter addressed to the     question .
intervention agency. The intervention agency may
also authorize the use of telex .
                                                              2.    Without prejudice to paragraph 1 , the successful
                                                              tenderer shall be the one whose offer, converted into
2.     Where the invitation to tender relates to several
                                                              units of account, is the lowest. Where two or more
lots, each tender shall relate only to one lot .              valid offers specifying identical amounts expressed in
3.     The tender shall specify in particular :
                                                              units of account are received by a given intervention
                                                              agency, the award shall be made by drawing lots.
(a) the name and address of the tenderer,
(b) the storage depot or depots from where the                3.    Each tenderer shall be immediately informed by
     tenderer wishes to have the skimmed-milk powder          the intervention agency of the result of his participa­
                                                              tion in the tender.
     collected, chosen from the storage depots listed in
     the notice of invitation to tender,
                                                              4.    Rights and obligations arising in connection
(c) the port of loading chosen from among Commu­              with the invitation to tender shall not be transferable .
     nity ports,
(d) the amount tendered, exclusive of taxes, expressed
     in the currency of the Member State in which the                                   Article 7
     tender takes place and to which the tenderer
     undertakes that he will effect delivery of the goods     When the successful tenderer takes delivery of the
     to which the invitation to tender refers in accor­
                                                              skimmed-milk powder, he shall ensure that the quan­
     dance with the stipulated conditions . Transport
                                                              tity handed over corresponds to the quantity to be
     shall be achieved in such a way that the quality         delivered .
     and packing should be safeguarded .
The amount tendered         shall include the   insurance
                                                              Furthermore, he shall ensure that the packing of the
costs of transport from the storage depot to the agreed       skimmed-milk powder satisfies the requirements laid
stage of delivery.                                            down in the Annex to this Regulation .
4.     The tender shall not be valid unless :
(a) it relates to the whole of a lot to which the invita­                               Article 8
     tion to tender relates ,
(b) proof is furnished that before expiry of the time          1.   The intervention agencies shall immediately
                                                              inform the Commission of the names of the undertak­
     limit for submission of tenders , the tenderer has
     given the security fixed in Article 4.                   ings entrusted with transportation and the means of
                                                              transport used .
5.     The tender may not be withdrawn .
                                                              2.    Within the prescribed time limits, the successful
                                                              tenderer shall furnish to the intervention agency and
                         Article 4                            to the recipient country the information required of
                                                              him in the Regulations related to each individual
 1 . The tendering security shall be five units of            tendering.
account per metric ton of skimmed-milk powder.
2.     It shall be paid , at the choice of the Member                                   Article 9
State concerned, either by a cheque made out to the
intervention agency, or in the form of a guarantee
meeting the criteria laid down by that Member State .          1.   Save in the case of force majeure, the tendering
                                                              security shall be released only if :
                         Article 5                            (a) the tender has not been accepted ;
                                                              (b) the tenderer
In the light of the tenders received and in accordance             — has    not    withdrawn     his tender before     the
with procedure laid down in Article 30 of Regulation                  contract is awarded ,
(EEC) No 804/ 68 , a maximum amount expressed in
units of account shall be fixed or the tendering proce­            — has furnished the certificate provided for in
dure shall be cancelled .                                             Article 10 .
 ---pagebreak--- 8 . 3 . 75                          Official Journal of the European Communities                           No L 63 / 9
2.      The security shall be relased immediately.            would have been borne by the Community for non-de­
                                                              livery of the skimmed-milk powder to the place and
3.      In cases of force majeure, the intervention           by the time desired, the receiving countries having
agency shall decide on the measures to be taken               enabled delivery to be effected at the place and by the
having regard to the circumstances invoked .                  time desired. The costs resulting from a non-delivery
                                                              of skimmed-milk powder following in case of force
                         Article 10
                                                               majeure shall be borne by the competent agency of
The intervention agency shall pay to the successful           the selling Member State .
tenderer the amount stated in his tender on presenta­                               Article 12
tion of a certificate of delivery. This certificate shall be
handed over, on delivery of the goods, to the                 No refund or compensatory amount (whether mone­
successful tenderer acting as an agent of the Commu­          tary or accession) shall be applicable in respect of
nity, appointed by the recipient country or where no          skimmed-milk powder supplied under this Regula­
such agent is appointed, by the local representative of       tion .
the selling intervention agency.
                                                                                    Article 13
                         Article 11
                                                              This Regulation shall enter into force on the day
Except in cases of force majeure, the successful              following its publication in the Official Journal of
tenderer shall accept all financial responsibility which       the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels , 6 March 1975 .
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                     Member of the Commission
 ---pagebreak--- No L 63 / 10                        Official Journal of the European Communities                                      8 . 3 . 75
                                                          ANNEX
             Packing :
             Containing a net weight of 25 kilogrammes and made up in one of the following ways :
             (a) four Kraft paper bags of a strength representing at least 70 g/m2 ,
                 one interposed tar-lined paper bag, of a strength representing at least 140 g/m2 ,
                 one polyethylene inner bag at least 0 06 mm thick, welded or double bound ;
             (b) one Kraft paper bag of a strength representing at least 70 g/m2 ,
                 one Kraft paper bag with a polyethylene layer of a strength representing at least 80 g   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 ;
             (c) 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/m2 ,
                 one polyethylene inner bag at least 012 mm thick, welded or double bound.
             Filling :
             At the time of filling the bag of powder must be well compressed and the penetration of loose
             powder between the differrent folds and layers should be entirely avoided .