CELEX: 31975R1221
Language: en
Date: 1975-05-14 00:00:00
Title: Regulation (EEC) No 1221/75 of the Commission of 6 May 1975 concerning the conditions for invitations to tender for the costs of delivery, as food aid, of skimmed-milk powder to the World Food Programme

14. 5 . 75                              Official Journal of the European Communities                             No L 121 / 17
                             REGULATION (EEC) No 1221 /75 OF THE COMMISSION
                                                         of 6 May 1975
              concerning the conditions tor invitations to tender lor the costs or delivery, as
                       food aid, of skimmed-milk powder to the World Food Programme
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     At the time it is withdrawn from stock, the skim­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 (5) of 27
Economic Community ;                                              July 1968 on detailed rules of application for public
                                                                  storage of skimmed-milk powder, as last amended by
Having regard to Council Regulation (EEC) No                      Regulation (EEC) No 1093/75 (6).
804/68 (*) of 27 June 1968 on the common organiza­
tion of the market in milk and milk products, as last
amended by Regulation (EEC) No 740/75 (2), and in                                           Article 2
particular Articles 7 (5) and 28 thereof ;
Whereas Council Regulation (EEC) No 1 827/74 (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 20 000 metric tons of skimmed-milk powder
                                                                       med-milk powder is held,
held by intervention agencies to be made available to
the World Food Programme ;                                        — the quantity of skimmed-milk powder to be deliv­
                                                                       ered ,
Whereas under Article 5 of Regulation (EEC) No                    — the insurance arrangements for the goods to be
1 826/74 (4) of 1 1 July 1 974 laying down general rules               transported,
for the delivery of skimmed-milk powder as food aid
to certain developing countries and certain interna­              — the indication of the ports in the Community
tional organizations, such supplies are as a rule to be                where delivery can take place,
put out to tender ;                                               — the closing date and address for the receipt of
                                                                       tenders,
Whereas the procedure to be adopted for this
tendering should in the main be the procedure used                — the date on which delivery is to take place.
hitherto in similar cases ;
                                                                   2.    The    notice of invitation       to tender shall  be
Whereas the measures provided for in this Regulation               published in the Official Journal of the European
are in accordance with the Opinion of the Manage­                  Communities at least 10 days before the closing date
ment Committee for Milk and Milk Products ,                        for the submission of tenders .
HAS ADOPTED THIS REGULATION :                                                                Article 3
                                                                   1 . Tenders, which shall be in writing, shall be
                            Article 1
                                                                   submitted either by delivery by hand to the interven­
                                                                   tion agency against acknowledgement of receipt or by
 1 . Where it is decided to supply skimmed-milk                    registered letter addressed to the intervention agency.
powder to the World Food Programme in accordance                   The intervention agency may also authorize the use of
with Regulation (EEC) No 1827/74, the invitation to                telex for presentation of tenders.
tender referred to in Article 5 of Regulation (EEC) No
 1826/74 shall be organized in accordance with the
detailed rules laid down in this Regulation .                      2 . Where the invitation to tender is in respect of
                                                                   two or more lots no tender may be made for more
                                                                   than one lot .
2. The skimmed-milk powder to be delivered is
bought in under Article 7 (5) of Regulation (EEC) No
804/ 68 .                                                          3.    The tender shall indicate :
(>)  OJ No  L 148, 28 . 6 . 1968 , p. 13 .                         (a) the name and address of the tenderer ;
(2)  OJ No  L 74, 22 . 3 . 1975, p. 1 .
(3)  OJ No  L 190 , 13 . 7. 1974, p. 22 .                          (5) OJ No L 184, 29 . 7. 1968 , p . 34.
(4 ) OJ No  L 190, 13 . 7 . 1974, p. 20 .                          (b) OJ No L 109, 29 . 4 . 1975, p . 5 .
 ---pagebreak--- No L 121 / 18                        Official Journal of the European Communities                            14 . 5 . 75
(b) the amount expressed in the currency of the                5.      Rights and obligations arising in connection
     Member State where the invitation to tender takes         with the invitation to tender shall not be transferable .
     place for which the tenderer undertakes to deliver
     the skimmed-milk powder including the insur­                                      Article 7
     ance costs covering the value of the goods ;
(c) the warehouses from which the skimmed-milk                 When the successful tenderer takes delivery of the
     powder, assigned to each lot, shall be taken ;            skimmed-milk powder, he shall ensure that the quan­
(d) the port of embarkation, chosen from among the             tity handed over corresponds to the quantity to be
                                                               delivered .
     ports of the Community accessible to ocean-going
     ships eventually indicated in the notice of invita­       Furthermore, he shall ensure that the packing of the
     tion to tender concerned .
                                                               skimmed-milk powder satisfies the requirements laid
4.     The tender shall not be valid unless :                  down in Article 1 (3).
(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          The successful tenderer shall on the date fixed by the
     limit for submission of tenders, the tenderer has         WFP deliver at the port specified in the tender a quan­
     given the security fixed in Article 4.                    tity of skimmed-milk powder equal to the quantity
                                                               there specified. Any schedule for instalment deliveries
5.     The tender may not be withdrawn .                       shall be agreed between the successful tenderer and
                                                               the agent of the WFP.
                          Article 4
                                                               The goods shall be regarded as delivered when they
1 . The security required for the invitation to tender         are deposited at the place for exportation at the point
shall be two units of account per metric ton of skim­          designated by the WFP or its agent.
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            Upon delivery of the goods at the port of embarka­
in favour of the intervention agency, or of a bank             tion, the WFP agent shall hand to the successful
guarantee which satisfies the criteria laid down by this       tenderer acting as agent for the Community a letter of
Member State .                                                 acceptance .
                          Article 5                                                    Article 10
In the light of the tenders received and in accordance         Except in cases of force majeure every successful
with the procedure laid down in Article 30 of Regula­          tenderer shall accept all financial liability devolving
tion (EEC) No 804/68 , a maximum amount, expressed             upon the Community by reason of failure to deliver
in units of account, shall be fixed or alternatively a         the skimmed-milk powder at the place and by the
decision shall be taken to make no award .                     time appointed, provided always that the WFP has
                                                               made it possible for the skimmed-milk powder to be
                                                               so delivered .
                          Article 6
1.     A   tender   shall  be   refused   if  the  amount      Costs incurred by . reasons of failure to deliver the
proposed, converted into units of account, is more             skimmed-milk powder as a result of force majeure
than the maximum amount fixed for the lot in ques­             shall be borne by the competent agency of the
tion .
                                                               Member State concerned .
2.     Without prejudice to the provisions of paragraph                                Article 11
1 , the successful tenderer shall for each lot be the one
making the lowest offer. Where two or more valid                1 . Except in cases of force majeure, the security
offers specify amounts which when converted into               required under Article 4 shall be released only in the
units of account are identical, the award shall be made        following circumstances :
by drawing lots.                                               (a) if the tender has been refused ;
3.     Each tenderer shall be immediately notified by          (b) if the tenderer has not withdrawn his tender
the intervention agency of the result of his participa­             before the contract is awarded and has produced to
tion in the invitation to tender.                                   the intervention agency the letter of acceptance
                                                                    mentioned in Article 9 .
4.     The intervention agency concerned shall immedi­
ately inform the Commission of the name of the                 2 . Release of the security shall take place immedi­
successful tenderer .                                          ately .
 ---pagebreak--- 14 . 5 . 75                          Official Journal of the European Communities                       No L 121 / 19
3.     In case of force majeure the intervention agency                               Article 13
shall adopt the measures which appear warranted by
the circumstances invoked .                                    No refund or compensatory amount (whether mone­
                                                               tary or accession) shall be applied to the skimmed­
                        A rticle 1 2                           milk powder to which this Regulation applies .
The intervention agency concerned shall pay to the
WFP within 30 days after acceptance of each delivery                                  Article 14
of skimmed-milk powder, a flat-rate contribution of
80 units of account per metric ton of skimmed-milk             This Regulation shall enter into force on the third day
powder delivered towards the costs of transporting and          following its publication in the Official Journal of
distributing such skimmed-milk powder.                          the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 6 May 1975 .
                                                                         For the Commission
                                                                           P.J. LARDINOIS
                                                                      Member of the Commission