CELEX: 31974R0074
Language: en
Date: 1974-01-08 00:00:00
Title: Regulation (EEC) No 74/74 of the Commission of 8 January 1974 concerning the issue of an invitation to tender for the supply as food aid of skimmed-milk powder to be purchased on the Community market

No L 9 /32                              Official Journal of the European Communities                              11 . 1 . 74
                              REGULATION (EEC) No 74/74 OF THE COMMISSION
                                                      of 8 January 1974
              concerning the issue of an invitation to tender for the supply as food aid of
                       skimmed-milk powder to be purchased on the Community market
THE COMMISSION OF THE EUROPEAN                                     accordance with Article 5 (2) of Council Regulation
COMMUNITIES,                                                      (EEC) No 1014/68 (5) of 20 July 1968 laying down
                                                                  general rules for the public storage of skimmed-milk
                                                                   powder, as last amended by Regulation (EEC) No
Having regard to the Treaty establishing the European              1211 /69 (6) ; whereas this would ensure, as required by
Economic Community ;                                              Article 2(2) of Regulation (EEC) No 2721 /72, that the
                                                                   normal development of prices on the market is not
                                                                   disturbed, while avoiding a higher financial burden for
Having regard to Council Regulation (EEC) No                       the Community ;
804/68 (*) of 27 June 1968 on the common organiza­
tion of the market in milk and milk products, as last              Whereas the supply, for delivery fob, must be put out
amended by the Act (2) concerning the Conditions of                to tender, the tendering procedure being set out in
Accession and the Adjustments to the Treaties, and in              Commission Regulation (EEC) No 191 1 /73 (7) of 13
particular Article 7 (5) thereof ;                                July 1973 concerning invitations to tender for the
                                                                   supply as food aid of skimmed-milk powder bought
                                                                   on the Community market ; whereas, however, applica­
Having regard to Council Regulation (EEC) No                       tion of that Regulation requires that points, notably
2721 /72 (3) of 19 December 1972 on the supply of                  the destination of the skimmed-milk powder, the time
skimmed-milk powder as food aid, as last amended by                limit for the submission of tenders and the terms of
Regulation (EEC) No 2700/73 (4), and in particular                 delivery, be further specified ;
Article 4 thereof ;
                                                                   Whereas the measures provided for in this Regulation
Whereas Regulation (EEC) No 2721 /72 provides, inter               are in accordance with the Opinion of the Manage­
                                                                   ment Committee for Milk and Milk Products,
alia, for the supply of 29 450 metric tons of skimmed­
milk powder to the World Food Programme, whereas
that Regulation also provides that, if the skimmed­
milk powder in public stocks does not have the
characteristics necessary for a specific destination,
supplies may be ensured by the purchase of skimmed­                HAS ADOPTED THIS REGULATION :
milk powder on the Community market ;
Whereas the WFP has made a request for 4 852-7                                               Article 1
metric tons of skimmed-milk powder for shipment to
third countries ; whereas since the recipient countries
concerned are a long way from the Community, a                      1.    Pursuant to Regulation (EEC) No 1911 /73, the
stronger packing is required than that prescribed in               Belgian, German, French, Dutch and British interven­
the case of skimmed-milk powder bojight in under                   tion agencies shall issue an invitation to tender for the
intervention arrangement, whereas the skimmed-milk                 supply to the World Food Programme for shipment
powder must therefore be purchased on the Commu­                   to India of 4 852-7 metric tons of skimmed-milk
nity market ;                                                      powder from the Community market.
Whereas, given the present situation on the market in              2. The skimmed-milk powder shall be delivered
skimmed-milk powder which is characterised by rela­                fob, in the following lots :
tively high prices, the successful tenderer should be
allowed to purchase an equal quantity of skimmed­                  — lot A : 700       metric tons,
milk powder from public stocks at a price fixed in                 — lot B : 700       metric tons,
                                                                   — lot C : 700       metric tons,
(!) OJ No   L 148, 28 . 6. 1968, p. 13.
(2) OJ No   L 73 , 27. 3 . 1972, p. 14.                            (5 ) OJ No L 173, 22. 7. 1968 , p. 4.
(3) OJ No   L 291 , 28 . 12. 1972, p. 28 .                         (6) OJ No L 155, 28 . 6 . 1969 , p. 13 .
(4) OJ No   L 279, 5. 10 . 1973, p. 1 .                             7 OJ No L 196, 17. 7. 1973 , p. 12.
 ---pagebreak--- 11 . 1 . 74                       Official Journal of the European Communities                           No L 9 /33
— lot D : 700 metric tons,                                   Regulation (EEC) No 804/ 68 equal to the quantity
— lot E : 752-7 metric tons,                                 supplied by him . The contract of sale shall be
— lot F : 900      metric tons,                              concluded within 10 days of the delivery referred to in
— lot G : 400      metric tons .                             Article 1 (3).
3 . Delivery of the lots referred to in paragraph 2          2. The skimmed-milk powder shall be sold ex ware­
shall take place on a date to be set by the intervention     house at a price equal to the buying-in price applied
agency concerned, such date to be :                          by the relevant intervention agency when the contract
— after 1 and before 17 March 1974 for lots A to D,          was concluded, plus 2 units of account per 100 kg.
— after 14 and before 31 March 1974 for lots E to G.         3 . The buyer shall pay the intervention agency for
                                                             the skimmed-milk powder prior to taking it over
                        Article 2                            pursuant to paragraph 4.
The skimmed-milk powder concerned shall be packed            4. The buyer shall take over the skimmed-milk
in 25 kg bags meeting the specifications set out in the      powder within 12 days of the day on which the
Annex .                                                      contract of sale is concluded . This operation may be
                                                             effected in stages.
                        Article 3                            Except in cases of force majeure, if the buyer fails to
                                                             take over the skimmed-milk powder within the period
The Community port indicated in the tender must be           specified the sale shall be cancelled in respect of the
accessible to seagoing vessels .                             quantities remaining and the successful tenderer shall
                                                             not be allowed to conclude a fresh contract at a later
                        Article 4                            date .
The time limit for the submission of tenders shall           5 . The right conferred on the successful tenderer
expire at 12 noon on 22 January 1974.                        by this Article shall not be transferable.
                        Article 5                                                     Article 6
1 . The relevant intervention agency shall, at his           This Regulation shall enter into force on the day
request, sell to the successful tenderer a quantity of       following its publication in the Official Journal of
skimmed-milk powder bought in under Article 7 of              the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 8 January 1974.
                                                                       For the Commission
                                                                            The President
                                                                      Francois-Xavier ORTOLI
 ---pagebreak--- No L 9 /34                             Official Journal of the European Communities                                                         11 . 1 . 74
                                                                    ANNEX
            I. Packing :
                (a) net weight of contents 25 kg,
                (b) composition of packing :
                     1 Kraft paper bag of a strength of at least 80 g/m2,
                     3 Kraft paper bags of a strength of at least 70 g/m 2 ,
                     1 interposed tar-lined paper bag of a strength of at least 140 g/m2 (1),
                     1 separate inner bag of polyethylene of at least 0 08 mm thickness, closed by double binding.
           II . Marking of packing :
                The bag must bear, in the language specified by the relevant agency, the following particulars :
                (a) port of destination ,
                (b) description 'skimmed-milk powder ,
                (c) the words : 'Gift of the European Communities — World Food Programme Action',
                (d) net weight : '25 kg ,
                (e) name and address of the successful tenderer,
                (f) lot number and number of bags comprising the lot.
           (') This bag may be replaced by a Kraft bag lined with polyethylene of total combined strength of at least 80 g + 15 g per m 2 .