CELEX: 31974R2557
Language: en
Date: 1974-10-09 00:00:00
Title: Regulation (EEC) No 2557/74 of the Commission of 4 October 1974 concerning the invitation to tender for the costs of delivery, as food aid, of skimmed-milk powder to certain third countries

9 . 10 . 74                            Official Journal of the European Communities                                 No L 274/7
                             REGULATION (EEC) No 2557/74 OF THE COMMISSION
                                                     of 4 October 1974
               concerning the invitation to tender for the costs of delivery, as food aid, of skim­
                                       med-milk powder to certain third countries
THE COMMISSION OF THE EUROPEAN                                    3.       At the time it is withdrawn from stock, the skim­
COMMUNITIES,                                                      med-milk powder shall, as to quality and packing,
                                                                  satisfy the requirements laid down in Annex I to
Having regard to the Treaty establishing the European             Commission Regulation (EEC) No 1 108 /68 (6) of 27
Economic Community ;
                                                                  July 1968 on detailed rules of application for public
Having regard to Council Regulation (EEC) No                      storage of skimmed-milk powder, as last amended by
804/68 (') of 27 Ju,ne 1968 on the common organiza­               Regulation (EEC) No 1 636/74 ( 7).
tion of the market in milk and milk products, as last
amended by Regulation (EEC) No 662/74 (2), and in                                              Article 2
particular Article 7 (5) and Article 28 thereof ;
Whereas Council Regulation (EEC) No 1827/74 (3) of                1 . The intervention agency concerned shall give
 11 July 1974 concerning the supply of skimmed-milk               notice of an invitation to tender indicating in parti­
                                                                  cular :
powder as food aid to certain developing countries
and certain international organizations makes provi­              — the location of the store or stores where the skim­
sion for a certain quantity of skimmed-milk powder                       med-milk powder is held ;
held by intervention agencies to be made available to
the developing countries concerned ;                              — the quantity of skimmed-milk powder to be deliv­
                                                                         ered ;
Whereas under Article 5 of Regulation (EEC) No
 1 826/74 (4) of 11 July 1974 laying down general rules           — the indication of the ports in the Community
 for the delivery of skimmed-milk powder as food aid                     where delivery can take place ;
to certain developing countries and certain interna­              — the closing date and address for the receipt of
 tional organizations, such supplies are as a rule to be                 tenders ;
 put out to tender ;
                                                                  — the date on which delivery is to take place .
Whereas the procedure to be adopted for this purpose
 should in the main be taken over from that esta­                 2.       The   notice  of    invitation     to tender shall be
 blished by Commission Regulation (EEC) No                        published in the Official Journal of the European
 1885/73 (5) of 12 July 1973 concerning invitations to             Communities at least 10 days before the closing date
 tender for the costs of delivery, as food aid , of skim­         for the submission of tenders .
 med-milk powder held by the intervention agencies ;
 Whereas the measures provided for in this Regulation
                                                                                               Article 3
 are in accordance with the Opinion of the Manage­
 ment Committee for Milk and Milk Products ,
                                                                   1 . Tenders, which shall be in writing, shall be
                                                                  submitted either by delivery by hand to the interven­
 HAS ADOPTED THIS REGULATION :                                    tion agency against acknowledgement of receipt or by
                                                                  registered letter addressed to the intervention agency.
                             Article 1                            The intervention agency may also authorize the use of
                                                                  telex for presentation of tenders .
  1 . Where it is decided to supply skimmed-milk
 powder to the developing countries listed in the
 Annex to Regulation ( EEC) No 1827/74, the invita­                2 . Where the invitation to tender is in respect of
 tion to tender referred to in Article 5 of Regulation             two or more lots no tender may be made for more
                                                                   than one lot .
 (EEC) No 1826/74 shall be organized in accordance
 with the detailed rules laid down in this Regulation .
                                                                   3.       The tender shall indicate :
 2. The skimmed-milk powder to be delivered is
 bought-in under Article 7 (5) of Regulation ( EEC) No             (a) the name and address of the tenderer ;
 804/ 68 .
                                                                   (b) the amount expressed in the currency of the
                                                                          Member State where the invitation to tender takes
 (') OJ No L 148 , 28 . 6 . 1968 , p. 13 .
 \2) OJ No L 85, 29. 3. 1974, p. 51 .                                     place for which the tenderer undertakes to deliver
 (3 ) OJ No L 190 , 13 . 7 . 1974, p. 22 .
 (■») OJ No L 190, 13 . 7 . 1974, p. 20 .                          ( fe) OJ No L 184, 29 . 7 . 1968 , p. 34 .
 (5 ) OJ No L 192, 13 . 7 . 1973 , p. 31 .                         ( 7 ) OJ No L 173 , 28 . 6 . 1974, p. 60 .
 ---pagebreak--- No L 274/ 8                           Official Journal of the European Communities                               9 . 10 . 74
      the skimmed-milk powder including the insur­               tity handed over corresponds to the quantity to be
      ance costs covering the value of the goods ;               delivered .
(c) the warehouses from which the skimmed-milk
      powder, assigned to each lot, shall be taken ;             Furthermore, he shall ensure that the packing of the
                                                                 skimmed-milk powder satisfies the requirements laid
(d) the port of embarkation , chosen from among the              down in Article 1 (3).
      ports of the Community accessible to ocean-going
      ships eventually indicated in the notice of invita­
      tion to tender concerned ;                                                          Article 8
4.      The tender shall not be valid unless :
                                                                 Every successful tenderer shall on the date fixed by
(a) it relates to the whole of a lot to Which the invita­        the intervention agency deliver at the "port specified in
      tion to tender relates ;                                   the tender a quantity of skimmed-milk powder equal
(b) proof is furnished that before expiry of the time            to the quantity there specified . Any schedule for instal­
      limit for submission of tenders, the tenderer has          ment deliveries shall be agreed between the successful
      given the security fixed in Article 4.                     tenderer and the agent of the recipient country.
5.      The tender may not be withdrawn .                        The goods shall be regarded as delivered when they
                                                                 are deposited in the port of shipment at a point desig­
                           Article 4                             nated by the recipient country or its agent easily
                                                                 accessible to the ship.
 1 . The security required for the invitation to tender
shall be two units of account per metric ton of skim­
med-milk powder.                                                                          Article 9
2.      It shall take the form, at the option of the
Member State concerned, either of a cheque made out              On delivery of the goods at the port of embarkation,
 in favour of the intervention agency, or of a bank              the receiving agent appointed by the recipient
guarantee which satisfies the criteria laid down by this         country, or where no such agent is appointed the inter­
Member State .                                                   vention agency of the Member State on whose terri­
                                                                 tory embarkation takes place, shall issue to the
                           Article 5
                                                                 successful tenderer as agent for the Community a
                                                                 certificate of delivery.
 In the light of the tenders received and in accordance
with the procedure laid down in Article 30 of Regula­                                     Article 10
 tion ( EEC) No 804/68 , a maximum amount, expressed
 in units of account, shall be fixed or alternatively a          Except in cases of force majeure every successful
 decision shall be taken to make no award .
                                                                 tenderer shall accept all financial liability devolving
                                                                 upon the Community by reason of failure to deliver
                           Article 6
                                                                 the skimmed-milk powder at the place and by the
 1.     A   tender   shall  be    refused   if the   amount      time appointed, provided always that the recipient
 proposed , converted into units of account, is more             country has made it possible for the skimmed-milk
 than the maximum amount fixed for the lot in ques­              powder to be so delivered .
 tion .
                                                                 Any demurrage -costs resulting from such delays shall
 2.     Without prejudice to the provisions of paragraph         be chargeable to the successful tenderer only if the
 1 , the successful tenderer shall for each lot be the one       rates and other details concerning such costs have
 making the lowest offer. Where two or more valid                been previously agreed upon between the successful
 offers specify amounts which when converted into                tenderer and the recipient country. Other costs
 units of account are identical , the award shall be made        resulting from such delays shall be chargeable to the
 by drawing lots .                                               successful tenderer only if they have been incurred by
                                                                 the recipient country with the agreement of the
 3.      Each tenderer shall be immediately notified by
                                                                 competent intervention agency .
 the intervention agency of the result of his participa­
 tion    in  the invitation  to   tender . The  intervention
                                                                 Costs incurred by reasons of failure to deliver the
 agency concerned shall          immediately    inform   the     skimmed-milk powder as a result of force majeure
 Commission of the name of the successful tenderer.
                                                                 shall be borne by the competent agency of the
                                                                  Member State concerned .
 4.      Rights and obligations arising in connection
 with the invitation to tender shall not be transferable .
                                                                  If the recipient country is unable to load the skim­
                           Article 7'                             med-milk powder on the dates fixed and if the
                                                                 successful tenderer is unable to obtain payment from
 When the successful tenderer takes delivery of the               the recipient country of the resulting costs, the compe­
 skimmed-milk powder, he shall ensure that the quan­              tent agency of the Member State concerned shall take
 ---pagebreak--- 9 . 10 . 74                        Official Journal of the European Communities                         No L 274/ 9
all measures necessary to ensure, that such costs are         3.    In case of force majeure the intervention agency
not borne by the successful tenderer.                         shall adopt the measures which appear warranted by
                                                              the circumstances invoked .
                        Article 11
1 . Except in cases of force majeure, the security                                    Article 12
required under Article 4 shall be released only in the
following circumstances :                                     No refund or compensatory amount (whether mone­
                                                              tary or accession) shall be applied to the skimmed­
(a) if the tender has been refused,                           milk powder to which this Regulation applies.
(b) if the tenderer has not withdrawn his tender
     before the contract is awarded and has produced to
                                                                                       Article 13
     the intervention agency the certificate of delivery
     mentioned in Article 9 .
                                                              This Regulation shall enter into force on the third day
2. Release of the security shall take place immedi­           following its publication in the Official Journal of
ately.                                                         the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 4 October 1974 .
                                                                        For the Commission
                                                                            The President
                                                                       Francois-Xavier ORTOLI