31975R0361

14 . 2 . 75 Official Journal of the European Communities No L 40/39

REGULATION ( EEC) No 361 / 75 OF THE COMMISSION of 12 February 1975 concerning the issue of an invitation to tender for the supply to UNICEF for use as food aid of skimmed-milk powder to be purchased on the Community market

THE COMMISSION OF THE EUROPEAN supplying 1 980 metric tons of skimmed-milk powder COMMUNITIES , to UNICEF . Having regard to the Treaty establishing the European Economic Community ; 2 . The skimmed-milk powder shall meet the requirements as to quality and packaging set out in Having regard to Council Regulation ( EEC) No Annex II to this Regulation . 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 662/74 (-'), and in 3 . Delivery shall be made to the countries and in particular Article 7 ( 5) thereof ; the manner specified in Annex I to this Regulation . Having regard to Council Regulation ( EEC) No 1 826/74 (3 ) of 11 July 1974 laying down the general 4 . Loading shall take place as soon as possible and rules for the supply of skimmed-milk powder as food at all events by 30 April 1975 . aid to certain developing countries and international organizations , and in particular Article 6 thereof ; Whereas Council Regulation (EEC) No 1 827/74 (4) of Article 2 1 1 July 1974 on the supply of skimmed-milk powder as food aid to certain developing countries and interna­ tional organizations provides for the supply of 2 250 1 . The intervention agencies shall frame a notice of metric tons of skimmed-milk powder to UNICEF ; invitation to tender which shall be published in the whereas UNICEF has requested the supply of 1 980 Official Journal of the European Communities not metric tons of vitaminized skimmed-milk powder for less than 10 days before the closing date for the various developing countries ; submission of tenders . Whereas Article 2(2) of Regulation ( EEC) No 1826/ 74 provides that if there is not enough skimmed-milk 2 . The closing date for the submission of tenders powder available in public stocks with the characteris­ shall be 4 March 1975 , at 12 noon . tics necessary for the particular destination where this requires, in particular, the addition of vitamins, supplies shall be obtained by purchase on the Commu­ nity market ; Article 3 Whereas Article 5 of Regulation ( EEC) No 1826/74 provides that for the purposes of the supply and ship­ 1 . Tenders, which shall be in writing, shall be ment of skimmed-milk powder invitations to tender submitted either by delivery by hand to an interven­ are to be issued ; tion agency against acknowledgement of receipt or by registered letter addressed to an intervention agency. Whereas the procedure to be adopted for this Intervention agencies may also authorize the use of tendering should in the main be the procedure used telex . hitherto in similar cases ; Whereas the measures provided for in this Regulation 2 . The tender shall indicate inter alia : are in accordance with the Opinion of the Manage­ ment Committee for Milk and Milk Products , (a) the name and address of the tenderer ; HAS ADOPTED THIS REGULATION : (b) the port or ports of loading, chosen from -among Community ports ; Article 1 ( c) the price , exclusive of taxes, expressed in the 1 . Tenders shall be invited in accordance with currency of the Member State in which the tender Regulation ( EEC) No 1827/74 for the cost of is presented , at which the tenderer undertakes to supply, in accordance with the specifications laid (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . down in the Annexes, the entire quantity of skim­ (-) OJ No L 85, 29 . 3 . 1974, p. 51 . (3 ) OJ No L 190 , 13 . 7 . 1974, p. 20 . med-milk powder to which the invitation to (■») OJ No L 190 , 13 . 7 . 1974, p. 22 . tender relates .

14 . 2 . 75 No L 40/40 Official Journal of the European Communities

Such price shall be inclusive of transport insur­ tions of Annex I to this Regulation , shall deliver a ance costs to the stage stipulated in Annex I for quantity of skimmed-milk powder as specified in the delivery. contract awarded satisfying the requirements as to quality and packaging laid down in Annex II . 3 . A tender shall be valid only if : (a) it relates to the entire quantity put out to tender ; The successful tenderer shall also supply a further 5 % of empty bags identical to those containing the (b) proof is given before expiry of the period set for goods . the submission of tenders that the security referred to in Article 4 has been provided . 2 . Delivery cif shall be completed when the goods 4. No tender may be withdrawn . are actually deposited on the quayside or on board a lighter.

Article 4 Delivery at frontier shall be completed when the goods actually reach the frontier crossing points speci­ 1 . The tendering security shall be 20 units of fied in Annex I. account per metric ton of skimmed-milk powder.

2. It shall take the form , at the discretion of the Member State concerned , either of a cheque made out Article 8 in favour of the intervention agency, or of a bank guarantee which satisfies the criteria fixed by the 1 . In the case of delivery cif, any demurrage costs at Member State . the port of unloading attributable to the recipient shall be borne by it. The rates and other details A rticle 5 concerning such costs shall be laid down in the contract between the Community agent and the In the light of the tenders received and in accordance carrier and must have been previously agreed upon by with the procedure laid down in Article 30 of Regula­ that agent and the recipient s delivery agent. tion ( EEC) No 804/ 68 a maximum price, expressed in units of account, shall be fixed or alternatively a deci­ 2 . In the case of delivery at frontier, costs arising by sion shall be taken to make no award . reason of any delay attributable to the recipient in taking delivery of the goods shall be borne by it. Article 6

1 . A tender shall be refused if the price proposed, A rticle 9 converted into units of account, is more than the maximum price fixed for the purposes of the invita­ 1 . The intervention agency concerned shall as soon tion to tender. as possible notify the recipient body of the name of the vessel , the date of loading, the quantity and the 2 . Subject as provided in paragraph 1 , the quality of the goods as recorded at time of loading, successful tenderer shall be the one whose offer, the port of unloading, and where delivery is made converted into units of account, is the lowest . Where 'free frontier', the frontier point and the methods of two or more valid offers specifying identical amounts, transportation used for bringing the goods to the fron­ as converted into units of account, are received by a tier point . given intervention agency, the award shall be made by drawing lots. Where such offers are made to different intervention agencies, the award shall be made by the 2 . In the case of delivery cif, the successful tenderer intervention agency selected in accordance with the shall inform the recipient at least 10 clear days in procedure referred to in Article 5 . advance of the expected date of arrival of the ship in the port of unloading. The successful tenderer shall 3 . The intervention agency shall immediately have included in the terms of the charter-party a provi­ inform each tenderer whether he has been awarded sion stipulating that the ship's captain shall inform the contract . the recipient at least 72 hours in advance of the ship's probable date of arrival in port . 4. Rights and obligations arising in connection with the invitation to tender shall not be transferable . 3 . In the case of delivery 'at frontier, the successful tender shall inform the recipient forthwith of the Article 7 expected date of arrival of the goods at the port of loading and shall noiily it at least 10 clear days in 1 . The successful tenderer, acting in accordance advance of the probable date of arrival at the frontier with the provisions of Article 1 (4) and the specifica­ crossing point .

14 . 2 . 75 No L 40/41 Official Journal of the European Communities

Article 10 — ' levering van magere-melkpoeder als voedsel­ hulp (Verordening ( EEG) nr. 4361 /75) bestemd 1 . The competent agency of the Member State in om te worden verscheept in de haven van . . ; which the contract is awarded shall check that the — 'levering af skummetmælkspulver som fødeva­ skimmed-milk powder in question satisfies the rehjælp (forordning (EØF) nr. 4361 /75) requirements as to quality and packaging laid down in bestemt til lastning i havnen i . . .'. Annex II .

2. If the goods are found to satisfy those require­ Article 12 ments, the agency shall, before completion of the customs formalities referred to in Article 11(1 ), 1 . Except in cases of force majeure, the tendering provide the successful tenderer with a certificate to security shall be released only if : that effect . (a) the tender has not been accepted ; 3 . On delivery of the quantity to the recipient (b) the tenderer : country in question , the recipient shall issue a certifi­ — has not withdrawn his tender before the cate stating that delivery of that quantity of skimmed­ contract is awarded, milk powder has been taken at the stage specified in — has furnished the certificates provided for in Annex I. Article 10(2) and (3).

2 . Release of the security shall take place immedi­ Article 11 ately.

1 . Customs export formalities shall be carried out 3 . In cases of force majeure, the intervention in the Member State in which the award of contract is agency shall decide on the measures to be taken made . having regard to the circumstances invoked .

2. If the port of loading specified in the tender is situated in a Member State other than that in which Article 13 the customs export formalities are carried out, the The amount referred to in Article 3 (2) (c) shall be goods shall, on completion of such formalities, be paid only on production of the certificates provided placed under customs control with the object of for in Article 10(2) and (3). ensuring that they are loaded at the port specified in the tender .

Article 14 Proof of loading can be furnished only by production of the control copy referred to in Article 1 of Regula­ Except in cases of force majeure, the successful tion ( EEC) No 2315/ 69 . tenderer shall accept all financial liability devolving upon the Community by reason of failure to load the Sections 101 , 103 and 104 of the control copy shall be skimmed-milk powder by the date specified in completed . Article 1 (4).

Section 104 shall be completed by deleting as neces­ Costs incurred by reason of failure to deliver the skim­ sary and entering against the second indent one of the med-milk powder as a result of force majeure shall be following endorsements : borne by the competent agency of the Member State in which the award of contract is made . — 'delivery of skimmed-milk powder as food aid (Regulation ( EEC) No 4361 /75) to be shipped from the port of . . .' ; Article 15 — livraison de lait ecrenié en poudre à titre d'aide alimentaire (règlement (CEE) No refund or compensatory amount (whether mone­ n0 4361 /75) destinée à être embarquée au port tary or accession ) skill be applicable in respect of de . . .' ; skimmed-milk powder supplied under this Regula­ tion . — Lieferung von Magermilchpulver als Nahrungs­ mittelhilfe (Verordnung (EWG) Nr. 4361 /75) Verschiffung im Hafen von . . . bestimmt' ; Article 16 — Fornitura di latte scremato in polvere a titolo di aiuto alimentare (regolamento (CEE) n . This Regulation shall enter into force on the day 4361 /75) destinata ad essere imbarcata nel following its publication in the Official Journal of porto di . . .' ; the European Communities.

No L 40 / 42 14 . 2 . 75 Official Journal of the European Communities

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 12 February 1975 .

For the Commission P. J. LARDINOIS Member of the Commission

ANNEX 1

Quantity to be Markings on Recipient country supplied Delivery stage the packaging (metric tons) in Burma 160 cif Rangoon English Ethiopia 950 475 metric tons : English cif Assab 475 metric tons : cif Massawa I

300 delivered frontier French Niger Malanville 120 French Khmer Republic cif Singapore 200 delivered frontier French Upper Volta Leraba 250 French Republic of Vietnam cif Saigon

14 . 2 . 75 Official Journal of the European Communities No L 40 /43

ANNEX II

I. Skimmed-milk powder requirements

(a) fat content : 1-5 % maximum (b) water content : 4-0 % maximum (c) total acidity in lactic acid : 0-15 % maximum ( 18° Dornic) (d) test for neutralization agents : negative (e) authorized additives : none ( f) phosphatase test : negative (g) solubility : 0-5 ml maximum (99 % minimum) (h) degree of purity : disc B ( 15-0 mg minimum ) ( i) germ content : 50 000 per g maximum (k) colon bacillus titer : negative in 0-1 g ( 1) taste and smell : clean (m) appearance : white or slightly yellowish colour, free from impurities or coloured particles (n) vitamin enrichment (aa) vitamin A — 5 000 i.u . per 100 g (bb) vitamin D — 500 i.u . per 100 g.

II . Packing . (a) New bags of a net weight content of 25 kg (5 % empty bags). (b) Composition : — four Kraft paper bags of a strength representing at least 70 g/ m 2 ; — one interposed tar-lined paper bag, of a strength representing at least 140 g/ m 2 ; — one polyethylene inner bag at least 0-08 mm thick, double bound. (c) Marking to appear on the packaging in French or English according to the country of destina­ tion (see Annex I) : ' LAIT ÉCRÉMÉ EN POUDRE / DON DE LA COMMUNAUTE ÉCONOMIQUE EURO­ PÉENNE / ACTION DU FONDS DES NATIONS UNIES POUR L'ENFANCE (UNICEF).'

'SKIMMED-MILK POWDER / GIFT OF THE EUROPEAN ECONOMIC COMMUNITY / ACTION OF THE UNITED NATIONS CHILDREN 'S FUND (UNICEF).'