CELEX: 31974R2560
Language: en
Date: 1974-10-09 00:00:00
Title: Regulation (EEC) No 2560/74 of the Commission of 7 October 1974 concerning invitations to tender for the costs of delivering butter for distribution in India as food aid

No L 274/ 14                            Official Journal of the European Communities                                 9 . 10 . 74
                            REGULATION (EEC) No 2560/74 OF THE COMMISSION
                                                       of 7 October 1974
              concerning invitations to tender for the costs of delivering butter for distribu­
                                                   tion in India as food aid
THE COMMISSION OF THE EUROPEAN                                                               Article 3
COMMUNITIES,
                                                                    1 . Tenders shall be invited for the cost of delivering
Having regard to the Treaty establishing the European              the goods from the time when they are collected from
Economic Community ;                                               the cold storage depots where they are held until the
                                                                   time when they are set down at the port of loading
Having regard to Council Regulation (EEC) No                       alongside the ship, in a place designated by the benefi­
804/68 (') of 27 June 1968 on the common organiza­                 ciary country or its agent.
tion of the market in milk and milk products, as last
amended by Regulation (EEC) No 662/74 (2), and in                  2. When the goods are received at the port of
particular Article 6 (7) thereof ;                                 loading, the temperature of the butter must not
                                                                   exceed 10 °C in the centre of the blocks .
Whereas Council Regulation (EEC) No 530/74 (3) of 4
March 1974 laying down general rules for the supply
of milk fats as food aid to certain developing countries                                     Article 4
and certain international organizations provides inter
alia for 3 000 metric tons of butteroil to be made
                                                                   1 . Tenders shall be submitted either by hand,
available to India ; whereas Article 1 of the said Regu­           against receipt, to the French intervention agency or
lation allows this quantity to be delivered in the form            by registered letter.
of butter or butteroil ; whereas India has requested
that 500 metric tons of butter, equal to 410 metric                2.     The tender shall state :
tons of butteroil , be delivered ; whereas tenders must
be invited for the costs of delivering the said quantity           (a) the name and address of the tenderer,
of butter ;                                                        (b) the amount, expressed in French francs, at which
                                                                        the tenderer undertakes to deliver the butter,
Whereas the measures provided for in this Regulation
                                                                        including the costs of insuring the value of the
are in accordance with the Opinion of the Manage­
ment Committee for Milk and Milk Products,
                                                                        goods,
                                                                   (c) the storage depots at which the butter is to be
                                                                        collected ,
HAS ADOPTED THIS REGULATION :                                      (d) the port of loading.
                                                                   3.     A tender shall not be valid unless :
                           Article 1
                                                                   (a) it relates to the entire quantity of butter to be trans­
 1.    In accordance with the provisions of Regulation                  ported ;
(EEC) No 530/74, tenders shall be invited for the
                                                                   (b) it is accompanied by an undertaking by the
costs of delivering 500 metric tons of butter for distri­
bution in India .
                                                                        tenderer that he will transport the butter in accor­
                                                                        dance with the provisions of Article 3 (2) ;
2. The butter shall satisfy the conditions as to                   (c) proof is furnished , before the time limit for the
quality and packaging laid down in the Annex .                          submission of tenders expires, that the deposit
                                                                        referred to in Article 5 has been lodged .
                           Article 2
                                                                   4.     A tender may not be withdrawn .
 1.    The butter shall be collected from the French
intervention agency .                                                                        Article 5
2.     The butter ' shall be delivered to the port of Le
Havre on a date fixed by the French intervention                    1.    The tendering deposit shall be 10 units of
agency which must be later than 30 October and                     account per metric ton of butter.
earlier than 15 November 1974 .
                                                                   2.     It shall be paid either in the form of a cheque
(') OJ No L 148 , 28 . 6 . 1968 , p. 13 .                          made out to the French intervention agency, or in the
(2 ) OJ No L 85, 29 . 3 . 1974, p. 51 .                            form of a bank guarantee complying with criteria laid
(3 ) OJ No L 65, 7 . 3 . 1974, p. 1 .                              down by that body .
 ---pagebreak--- 9. 10 . 74                         Official Journal of the European Communities                          No L 274/ 1,5
                        Article 6                                                      Article 11
The time limit for the submission of tenders shall            Except in cases of force majeure, the tenderer shall
expire at 1200 hours on 22 October 1974.                      assume responsibility for any financial consequences
                                                              which failure to deliver the butter at the time and
                                                              place specified might have for the Community,
                        Article 7                             delivery at the time and having been made possible by
In the light of the tenders received and in accordance        the beneficiary country.
with the procedure laid down in Article 30 of Regula­
tion (EEC) No 804/68 , a maximum amount, expressed            The demurrage resulting from such delays shall not
in units of account, shall be fixed or a decision shall       be payable by the tenderer unless the rates and terms
be taken not to proceed with the invitation to tender.        thereof were agreed in advance between himself and
                                                              the beneficiary country. The other costs resulting from
                                                              the delays shall not be payable by the tenderer unless
                        Article 8                             they were paid by the beneficiary country in agree­
                                                              ment with the French intervention agency.
1 . The tender shall be rejected if the amount
proposed, expressed in units of account, is higher than       Where the butter is not delivered for reasons of force
the maximum amount fixed^for the delivery in ques­            majeure, the resultant costs shall be borne by the
tion .                                                        French intervention agency.
2. Without prejudice to paragraph 1 , the contract            Where the beneficiary country is unable to effect
shall be awarded to the tenderer proposing the lowest         loading on the date fixed and the tenderer is not able
amount in this tender. Where a number of tenders              to get the beneficiary country to pay the resultant
quoting the same amount must be considered, the               costs, the French intervention agency shall take the
contract shall be awarded by drawing lots .                   steps necessary to ensure that such costs are not borne
                                                              by the tenderer.
3 . The intervention agency shall immediately inform
each tenderer of the result of his participation in the
invitation to tender.                                                                  Article 12
 It shall  communicate    to the   Commission     without      1.    Except in cases of force majeure, the tendering
delay the name of the successful tenderer.                    deposit provided for in Article 5 shall be released
                                                              only :
4.     Rights and obligations arising out of the invita­
 tion to tender shall not be transferable .                   — if the tender is not taken into consideration ;
                                                              — if the tenderer has not withdrawn his tender
                                                                   before a decision on the award of contracts has
                         Article 9                                 been taken and if he has supplied the intervention
                                                                   agency with the certificate confirming acceptance
 When accepting delivery, the successful tenderer shall            of delivery referred to in Article 10(1 ) and the
 satisfy himself that the quantity of butter actually              certificate referred to in Article 10(2);
 delivered is equal to the quantity to be delivered .
                                                               2.    The deposit shall be released immediately.
 In addition , he shall make sure that the packaging of
 the butter satisfies the conditions laid down in the          3.    In cases of force majeure, the French interven­
 Annex .                                                       tion agency shall determine the measures judged to be
                                                               necessary in view of the circumstances invoked .
                        Article 10
                                                                                       Article 13
  1.    When the goods are delivered at the port of
 loading a certificate confirming acceptance of delivery       No refund or compensatory amount (whether mone­
 shall be issued to the tenderer acting as the agent of        tary or accession shall be applied to the butter covered
 the Community by the receiving agent designated by            by this Regulation .
 the beneficiary country or, if there is no such
  receiving agent, by the French intervention agency.
                                                                                        Article 14
  2.    At the same time, the intervention agency shall
  check whether the provisions of Article 3 (2) have           This Regulation shall enter into force on the third day
  been complied with and , if so, shall issue a certificate    following its publication in the Official Journal of
  to that effect .                                              the European Communities.
 ---pagebreak--- No L 274/ 16                       Official Journal of the European Communities                             9. 10 . 74
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 7 October 1974 .
                                                                        For the Commission
                                                                            The President
                                                                      Francois-Xavier ORTOLI
                                                       ANNEX
            I. Quality
                Unsalted butter
               (a) Minimum fat content of the milk : 82 %
               (b) Maximum water content : 16%
               (c) Produced from pasteurized acid cream.
           II. Packaging
               (a) In blocks of 25 kg.
               (b) The packaging must be of resistant materials to protect the butter throughout transport,
                    storage and disposal .
               (c) Marking on the packaging :
                    ' BUTTER
                    Gift of the European Economic Community to the Republic of India'.