31975R0916

10 . 4 . 75 Official Journal of the European Communities No L 89 / 5

REGULATION ( EEC) No 916/ 75 OF THE COMMISSION of 2 April 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 HAS ADOPTED THIS REGULATION : COMMUNITIES, Article 1 Having regard to the Treaty establishing the European Economic Community ; 1 . Tenders shall be invited in accordance with Regulation ( EEC) No 1827/74 for the cost of Having regard to Council Regulation (EEC) No supplying to UNICEF 270 metric tons of skimmed­ 804/68 (') of 27 June 1968 on the common organiza­ milk-powder, of which : tion of the market in milk and milk products, as last (a) 150 metric tons for Burma , to be delivered cif amended by Regulation (EEC) No 740/75 (2 ), and in Rangoon , and particular Article 7 (5) thereof ; (b) 120 metric tons for the Republic of Khmer, to be delivered cif Singapore . Having regard to Council Regulation (EEC) No 1 826/74 (3 ) of 11 July 1974 laying down the general 2 . The skimmed-milk powder shall meet the requir­ rules for the supply of skimmed-milk powder as food ements as to quality and packaging set out in the aid to certain developing countries and international Annex to this Regulation . organizations, and in particular Article 6 thereof ; 3 . Loading shall take place as soon as possible and Whereas Council Regulation (EEC) No 1 827/74 (4 ) of at all events by 30 May 1975 . 11 July 1974 on the supply of skimmed-milk powder as food aid to certain developing countries and interna­ Article 2 tional organizations provides for the supply of 2 250 metric tons of skimmed-milk powder to UNICEF : 1 . The intervention agencies shall frame a notice of whereas UNICEF has requested the supply of 270 invitation to tender which shall be published in the metric tons of vitaminized skimmed-milk powder for Official Journal of the European Communities not various developing countries ; less than 10 days before the closing date for the submission of tenders . Whereas Article 2(2) of Regulation ( EEC) No 1826/74 2 . The closing date for the submission of tenders provides that if there is not enough skimmed-milk powder available in public stocks with the characteris­ shall be 22 April 1975, at 12 noon . tics necessary for the particular destination where this requires , in particular, the addition of vitamins , Article 3 supplies shall be obtained by purchase on the Commu­ nity market ; 1 . Tenders , which shall be in writing, shall be submitted either by delivery by hand to an interven­ Whereas Article 5 of Regulation ( EEC ) No 1826/74 . tion agency against acknowledgement of receipt or by provides that for the purposes of the supply and ship­ registered letter addressed to an intervention agency . ment of skimmed-milk powder invitations to tender Intervention agencies may also authorize the use of are to be issued ; telex .

2 . The tender shall indicate inter alia : Whereas the procedure to be adopted for this tendering should in the main be the procedure used (a) the name and address of the tenderer ; hitherto in similar cases ; (b) the port or ports of loading, chosen from among Community ports ; Whereas the measures provided for in this Regulation (c) the price , exclusive of taxes , expressed in the are in accordance with the Opinion of the Manage­ currency of the Member State in which the tender ment Committee for Milk and Milk Products , 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 Annex , the entire quantity of skim­ (-) OJ No L 74, 22 . 3 . 1975 , p. 1 . (3 ) OJ No L 190 , 13 . 7 . 1974 , p. 20 . med-milk powder to which the invitation to (4 ) OJ No L 190 , 13 . 7 . 1974, p. 22 . tender relates .

No L 89 / 6 Official Journal of the European Communities 10 . 4 . 75

Such price shall be inclusive of transport insurance tity of skimmed-milk powder as specified in the costs to the stage -of delivery stipulated in Article 1 ( 1 ) contract awarded . (a) and (b). The successful tenderer shall also supply a further 3 . A tender shall be valid only if : 5 % of empty bags identical to those containing the goods . He undertakes to have these bags mentioned in (a) it relates to the entire quantity put out to tender ; the bill of lading. (b) proof is given before expiry of the period set for the submission of tenders that the security referred 2 . Delivery cif shall be completed when the goods to in Article 4 has been provided . are actually deposited on the quayside or on board a lighter. 4 . No tender may be withdrawn .

Articlc 4 Article 8 1 . The tendering security shall be 20 units of Any demurrage costs at the port of unloading attribu­ account per metric ton of skimmed-milk powder . table to the recipient shall be borne by it . The rates 2 . It shall take the form , at the discretion of. the and other details concerning such costs shall be laid Member State concerned , either of a cheque made out down in the contract between the Community agent and the carrier and must have been previously agreed in favour of the intervention agency , or of a bank upon by that agent and the recipient's delivery agent. guarantee which satisfies the criteria fixed by the Member State .

Articlc 9 Articlc 5 1 . The intervention agency concerned shall as soon In the light of the tenders received and in accordance as possible notify the recipient body of the name of with the procedure laid down in Article 30 of Regula­ the vessel , the date of loading, the quantity and the tion ( EEC) No 804/ 68 a maximum price , expressed in quality of the goods as recorded at time at loading and units of account, shall be fixed or alternatively a deci­ sion shall be taken to make no award . the port of unloading .

2 . The successful tenderer shall inform the recip­ Articlc 6 ient at least 10 clear days in advance of the expected date of arrival of the ship in the port of unloading. 1 . A tender shall be refused if the price proposed , The successful tenderer shall have included in the converted into units of account, is more than the terms of the charter party a provision stipulating that maximum price fixed for the purposes of the invita­ the ship 's captain shall inform the recipient at least 72 tion to tender . hours in advance of the ship's probable date of arrival in port . 2 . Subject as provided in paragraph 1 , the successful tenderer shall be the one whose offer, converted into units of account , is the lowest . Where Articlc 10 two or more valid offers specifying identical amounts, as converted into units of account , are received by a given intervention agency, the award shall be made by 1 . The competent agency of the Member State in which the contract is awarded shall check that the drawing lots . Where such offers are made to different intervention agencies the award shall be made by the skimmed-milk powder in question satisfies the intervention agency selected in accordance with the requirements as to quality and packaging laid down in the Annex . procedure referred to in Article 5 .

3 . The intervention agency shall immediately 2 . If the goods are found to satisfy those require­ inform each tenderer whether he has been awarded ments , the agency shall , before completion of the the contract . customs formalities referred to in Article 11(1 ), provide the successful tenderer with a certificate to 4 . . Rights and obligations arising in connection that effect . with the invitation to tender shall not be transferable . 3 . On delivery of the quantity to the recipient Article 7 country in question , the recipient shall issue a certifi­ cate stating that delivery of that quantity of skimmed­ 1 . ■ The successful tenderer, acting in accordance milk powder has been taken at the stage specified in with the provisions of Article 1 , shall deliver a quan­ Article 1 ( 1 ).

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Article 11 (a) the tender has not been accepted ; 1 . Customs export formalities shall be carried out (b) the tenderer : in the Member State in which the award of contract is — 'has not withdrawn his tender before the made . contract is awarded , 2. If the port of loading specified in the tender is — has furnished the certificates provided for in situated in a Member State other than that in which Article 10(2) and (3 ). the customs export formalities are carried out, the 2. Release of the security shall take place immedi­ goods shall, on completion of such formalities, be ately . placed under customs control with the object of ensuring that they are loaded at the port specified in 3 . In cases of force majeure, the intervention the tender . agency shall decide on the measures to be taken Proof of loading can be furnished only by production having regard to the circumstances invoked . of the control copy referred to in Article 1 of Regula­ tion ( EEC) No 2315 / 69 . Article 13

Sections 101 , 103 and 104 of the control copy shall be The amount referred to in Article 3 ( 2) (c) shall be completed . paid only on production of the certificates provided Section 104 shall be completed by deleting as neces­ for in Article 10(2) and (3 ). sary and entering against the second indent one of the following endorsements : Article 14 — delivery of skimmed-milk powder as food aid Except in cases of force majeure, the successful (Regulation ( EEC) No 916/ 75) to be shipped from tenderer shall accept all financial liability devolving the port of ... ; upon the Community by reason of failure to load the — livraison de lait écrémé en poudre à titre d aide skimmed-milk powder by the date specified in Article alimentaire (règlement (CEE) n0 916/ 75) destinée à 1 ( 3 ). être embarquée au port de . . .' ; — Lieferung von Magermilchpulver als Nahrungsmit­ Costs incurred by reason of failure to deliver the skim­ telhilfe (Verordnung ( EWG) Nr. 916/75) zur Ver­ med-milk powder as a result of force majeure shall be schiffung im Hafen von . . . bestimmt' ; borne by the competent agency of the Member State in which the award of contract is made . — Fornitura di latte scremato in polvere a titolo di aiuto alimentare (regolamento (CEE) n . 916/75) destinata ad essere imbarcata nel porto di . . .' ; Article 15 — levering van magere-melkpoeder als voedselhulp (Verordening (EEG) nr. 916/75) bestemd om te No refund or compensatory amount (whether mone­ worden verscheept in de haven van . . .' ; tary or accession ) shall be applicable in respect of skimmed-milk powder supplied under this Regula­ — 'levering af skummetmælkspulver som fødeva­ tion . rehjælp (forordning ( EØF) nr. 916/ 75) bestemt til lastning i havnen i . . .' ; Article 16 Article 12 This Regulation shall enter into force on the day 1 . Except in cases of force majeure the tendering following its publication in the Official Journal of security shall be released only if : the European Communities.

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

Done at Brussels , 2 April 1975 . I -'or the (Commission P.J. LARD I NO IS /Member of the Commission

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ANNEX

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 (further 5 % empty bags). (b) Composition : — four Kraft paper bags of a strength representing at least 70 g/ m -' ; — 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 : — for the supply to Burma : ' SKIMMED-MILK POWDER / GIFT OF THE EUROPEAN ECONOMIC COMMUNITY / ACTION OF THE UNITED NATIONS CHILDREN 'S FUND ( UNICEF)' — for the supply to the Republic of Khmer : ' LAIT ÉCRÉMÉ EN POUDRE/ DON DE LA COMMUNAUTÉ ECONOMIQUE EURO­ PÉENNE/ ACTION DU FONDS DES NATIONS UNIES POUR L'ENFANCE ( UNICEF)'.