CELEX: 31973R1911
Language: en
Date: 1973-07-13 00:00:00
Title: Regulation (EEC) No 1911/73 of the Commission of 13 July 1973 concerning invitations to tender for the supply as food aid of skimmed-milk powder bought on the Community market

No L 196/ 12                           Official Journal of the European Communities                               17. 7. 73
                            REGULATION (EEC) No 1911/73 OF THE COMMISSION
                                                       of 13 July 1973
              concerning invitations to tender for the supply as food aid of skimmed-milk
                                       powder bought on the Community market
THE COMMISSION OF THE EUROPEAN                                    concerning the methods of application of public
COMMUNITIES,                                                      stocks of skimmed-milk powder, as last amended by
                                                                  Regulation (EEC) No 454/73 (5). For packaging and
Having regard to the Treaty establishing the European             the description on packs, the requirements shall be
Economic Community ;                                              fixed case by case. With each supply, there shall be a
                                                                  quantity of empty sacks representing 2 % of the
Having regard to Council Regulation (EEC) No                      number of sacks making up the shipment.
804/68 (!) of 27 June 1968 on the common organiza­
tion of the market in milk and milk products, as last
amended by the Act (2) concerning the Conditions of                                       Article 2
Accession and the Adjustments to the Treaties, and in
particular Article 7 (5) thereof ;                                Supply shall be made by a date fixed, whether at the
                                                                  fob or cif stage or at a determined place of destina­
Having regard to Council Regulation (EEC) No                      tion, in accordance with agreements concluded with
2721 /72 (3) of 19 December 1972 on the supply of                 the benefiting countries or agencies
skimmed-milk powder as food aid, and in particular
Article 4 thereof ;
                                                                                          Article 3
Whereas Regulation (EEC) No 2721 /72 provides in
particular that, if available supplies in public stocks in         1 . For each individual supply, the competent
the Community are insufficient, supplies may be                   agency of the Member States shall invite tenders at
                                                                  the same time .
ensured by the buying of skimmed-milk powder on
the Community market and that in this case, the cost
of this exercise shall be carried out in accordance with          2. The competent intervention agencies shall draw
a tendering procedure ;                                           up a notice of invitation to tender, whose publication
                                                                  in the Official Journal of the European Communities
Whereas, in determining the rules which, under this               shall be made at least ten days before the time limit
tendering procedure, should apply to such purchases               fixed for the presentation of offers.
and deliveries, it is essential to follow the rules laid
down for similar cases up to the present time ;
                                                                                          Article 4
Whereas the measures provided for in this Regulation
are in accordance with the Opinion of the Manage­                  1 . Interested parties shall take part in the individual
ment Committee for Milk and Milk Products :                       invitation to tender either by delivery by hand of a
                                                                  written offer to the intervention agency against receipt
                                                                  or by registered letter addressed to the intervention
                                                                  agency. The intervention agency may also authorize
HAS ADOPTED THIS REGULATION :                                     the use of telex .
                                                                  2.     Where the invitation to tender relates to several
                           Article 1                              lots, each tender shall only be for one lot.
 1 . In cases where, by virtue of Regulation (EEC) No             3.     The tender shall specify in particular :
2721 /72 it is decided to supply skimmed-milk powder
as food aid, purchased on the Community market in                 (a) the name and address of the tenderer ;
accordance with Article 2 (2) of the aforesaid Regula­            (b) the port of loading which shall be one of the ports
tion, the rules provided by this Regulation shall apply.               of the EEC if sea transport is involved ;
2. The skimmed-milk powder shall correspond to
                                                                  (c) the amount tendered, exclusive of taxes, expressed
                                                                       in the currency of the Member State in which the
the quality set out in Annex 1 of Commission Regula­                   tender is submitted and to which the tenderer
tion (EEC) No 1 108/68 (4) of 27 July 1968,
                                                                       undertakes that he will deliver the quantity of
                                                                       skimmed-milk powder to which his tender refers,
(>) OJ No   L 148, 28 . 6. 1968, p. 13.
(2) OJ No   L 73, 27. 3 . 1972, p. 14.                                 in accordance with the stipulated conditions.
(3) OJ  No  L 291 , 28. 12. 1972, p. 28 .
(4) OJ No   L 184, 29. 7. 1968, p. 34.                            (5) OJ No L 53, 26. 2. 1973, p. 7.
 ---pagebreak---  17. 7. 73                           Official Journal of the European Communities                          No L 196/ 13
     The amount tendered shall include the insurance           2. The successful tenderer shall within the pres­
     costs of transport to the agreed point of delivery.       cribed time limits, furnish to the recipient countries
                                                               and to the intervention agency the information
4.     The tender shall only be valid if :                     required in the notice of invitation to tender.
(a) it is for all the lot to which the invitation to tender
     relates ;                                                                           Article 9
(b) proof is furnished that before expiry of the time
     limit for submission of tenders, the tenderer has          1 . The competent authority of the Member State in .
     given the security fixed in Article 5.                    which the tender was accepted shall check that the
                                                               quality and packaging of the skimmed-milk powder
5.     The tender may not be withdrawn .                       concerned satisfy the requirements of Article 1 (2).
                           Article 5                           2. If the skimmed-milk powder satisfies those
                                                               requirements, that authorities shall, before the
 1 . The tendering security shall be 10 units of               customs formalities referred to in Article 10 ( 1 ) are
account per metric ton of skimmed-milk powder.                 completed, issue a certificate to the successful tenderer
2. It shall be paid, at the choice of the Member               to the effect that the conditions referred to in para­
State, either by a cheque made out to the intervention         graph 1 of this Article are fulfilled.
agency, or in the form of a guarantee meeting the              3 . Upon delivery being effected, proof thereof shall
criteria laid down by the Member State concerned.              be furnished by a declaration from the recipient
                                                               country or agency establishing that the lot, which had
                           Article 6                           been put up for tender, was received within the pres­
                                                               cribed time-limits .
In the light of the tenders received and in accordance
with the procedure laid down in Article 30 of Regula­
tion (EEC) No 804/68 , a maximum amount expressed                                        Article 10
in units of account shall be fixed or the tendering
procedure shall be cancelled.                                   1.    Export customs formalities shall be completed in
                                                               the Member State in which the tender was accepted.
                           Article 7                           2. If the port specified in the tender is not in the
                                                               Member State in which the export customs formalities
 1 . The tender shall be rejected if the amount
proposed, converted into units of account, is higher
                                                               were completed, the product shall, upon completion
than the maximum amount valid for the lot in ques­
                                                               of the formalities, be placed under a customs control
tion .                                                         procedure which will ensure that it is shipped from
                                                               the port named in the tender.
2.     Without prejudice to paragraph 1 , the successful
tenderer shall be the one who submitted the lowest             Proof of shipment can only be furnished by
tender in terms of units of account. Where several             producing the control copy referred to in Article 1 of
tenders at the same proposed amount when converted             Regulation (EEC) No 2315/69 .
into units of account, are to be taken into considera­
                                                               Boxes Nos 101 , 103 and 104 on the control copy shall
tion by the same intervention agency, the contract             be completed . Box No 104 shall be completed by dele­
shall be awarded by drawing lots. In the case where            ting what is inapplicable and by inserting one of the
these tenders are made to different intervention agen­         following entries against the second indent :
cies, the contract shall be awarded by the intervention
agency determined in accordance with the procedure             — livraison .... (fob ou caf) de lait écrémé en
set out in Article 6 .                                              poudre à titre d'aide alimentaire (Règlement (CEE)
                                                                    No . . ./73) destinée à être embarquée au port de
3 . Each tenderer shall be immediately informed by
the intervention agency of the result of his participa­
tion in the tender.                                            — Lieferung .... (fob oder cif) von Magermilch­
                                                                    pulver als Nahrungsmittelhilfe (Verordnung
4.     Rights and obligations arising out of the invita­           (EWG) Nr. . . ./73) zur Verschiffung im Hafen
tion to tender shall not be transferable .                         von              bestimmt'
                                                               — Fornitura .... (fob o cif) di latte scremato in
                           Article 8
                                                                    polvere a titolo di aiuto alimentare (regolamento
1.     The successful tenderer shall, in accordance with           (CEE) n . . . ./73) destinata ad essere imbarcata nel
                                                                    porto di           '
the terms prescribed for each particular individual invi­
tation to tender, deliver the skimmed-milk powder to           — levering .... (fob — cif) van magere melkpoeder
which the tender relates, and which satisfies the                  als voedselhulp (verordening (EEG) nr. . . ./73)
requirements of quality and packing set out in Article             bestemd om te worden verscheept in de haven van
1 (2) of this Regulation .
 ---pagebreak--- No L 196/ 14                        Official Journal of the European Communities                            17. 7. 73
— 'levering .... (fob eller cif) af skummet­                           fixed in the agreement underwritten with this
    mælkspulver som fødevarehjælp (forordning (EØF)                    organization.
    nr           /73) bestemt til lastning i havnen                — of the amount corresponding to the distribu­
    i
                                                                       tion costs incurred by the International Red
— 'delivery .... (fob or cif) as food aid of skimmed­                  Cross Committee to that body 'upon presenta­
     milk powder (Regulation (EEC) No . . . ./73) to                   tion of supporting documents.
    be shipped from the port of
                         Article 11                                                     Article 13
1 . Except in the case, of force majeure, the
tendering security shall be released only if :                 Save in cases of force majeure, when the World Food
                                                              Programme or the International Red Cross
(a) the tender has not been accepted ;                         Committee or the recipient country concerned have
(b) if the tenderer                                            made it possible for delivery to be made at the time
     — has not withdrawn his tender before the award           and place prescribed and the successful tenderer fails
        following the invitation to tender has been            to make delivery at such time and place, the
        made ;                                                 successful tenderer shall be liable to the Community
     — has furnished the certificates provided for in          for all the costs which the Community may have to
        Article 9 (2) and (3).                                 incur by reason of the non-delivery. In cases of force
                                                               majeure, the cost of non-delivery of the skimmed­
2.    The security shall be released immediately.              milk powder shall be borne by the competent
                                                               authority of the Member State in which the tender
3 . In the event of force majeure, the intervention            was made .
agency shall determine the measures it considers
necessary in the light of the circumstances invoked.
                         Article 12                                                     Article 14
 1 . The amount envisaged under Article 4 (3) (c)              No refund or monetary compensatory amount or
shall be paid only upon presentation of the certificates       compensatory amount provided for in the Act
referred to . in Article 9 (2) and (3).                        annexed to the Treaty of Accession shall be granted in
 2. The competent authority of the Member State in             respect of skimmed-milk powder delivered pursuant
which the successful tender was lodged shall ensure            to this Regulation.
 that as soon as possible, payment shall be made ;
(a) of the amount referred to in paragraph 1 to the                                      Article 15
     successful tenderer ;
(b) where appropriate :                                        This Regulation shall enter into force on the day
     — of a flat-rate contribution to the WFP, corres­         following its publication in the Official Journal of
         ponding to the transport and distribution costs,       the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 13 July 1973.
                                                                          For the Commission
                                                                              The President
                                                                         François-Xavier ORTOLI