31975R0917

10 . 4 . 75 Official Journal of the European Communities No L 89 / 9

REGULATION ( EEC) No 917 / 75 OF THE COMMISSION of 2 April 1975 concerning the issue of an invitation to tender for the supply to Somalia for use as food aid of skimmed-milk powder to be purchased on the Community market

THE COMMISSION OF THE EUROPEAN Whereas the procedure to be adopted for this COMMUNITIES , tendering should in the main be the procedure used hitherto in similar cases ;

Having regard to the Treaty establishing the European Whereas the measures provided for in this Regulation Economic Community ; are in accordance with the Opinion of the Manage­ ment Committee for Milk and Milk Products, Having regard to Council Regulation (EEC) No 804/68 (!) of 27 June 1968 on the common organiza­ tion of the market in milk and milk products, as last HAS ADOPTED THIS REGULATION : amended by Regulation ( EEC) No 740/75 (2 ), and in particular Article 7 (5) thereof ; Article 1 Having regard to Council Regulation (EEC) No 1 . Tenders shall be invited in accordance with 1 826/74 (3 ) of 11 July 1974 laying down the general Regulation (EEC) No 1827/74 for the cost of rules for the supply of skimmed-milk powder as food supplying to Somalia 710 metric tons of skimmed­ aid to certain developing countries and international milk powder to be delivered cif Mogadishu . organizations, and in particular Article 6 thereof ; 2 . The skimmed-milk powder shall meet the requir­ ements as to quality and packaging set out in the Whereas Council Regulation (EEC) No 41 0/75 (4) of Annex to this Regulation . 17 February 1975 on the supply of skimmed-milk powder as food aid to Somalia under Regulation (EEC) 3 . Loading shall take place as soon as possible and No 1826/74 makes provision for 710 metric tons of at all events by 30 May 1975 . skimmed-milk powder to be made available to this country and to be taken from the 6 000 metric tons to be kept in reserve pursuant to Council Regulation Article 2 (EEC) No 1 827/ 74 (5 ) of 11 July 1974 on the supply of skimmed-milk powder as food aid to certain deve­ 1 . The intervention agencies shall frame a notice of loping countries and international organizations ; invitation to tender which shall be published in the whereas Somalia has applied for the supply of the Official Journal of the European Communities not abovementioned quantity of vitaminized skimmed­ less than 10 days before the closing date for the milk powder ; 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 shall be 22 April 1975 , at 12 noon . powder available in public stocks with the characteris­ tics necessary for the particular destination where this Article 3 requires , in particular, the addition of vitamins , 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 tion agency against acknowledgement of receipt or by Whereas Article 5 of Regulation ( EEC) No 1826 /74 registered letter addressed to an intervention agency . provides that for the purposes of the supply and ship­ Intervention agencies may also authorize the use of ment of skimmed-milk powder invitations to tender telex . are to be issued ; 2 . The tender shall indicate inter alia : (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . (2 ) OJ No L 74, 22 . 3 . 1975, p. 1 . (a) the name and address of the tenderer ; P ) OJ No L 190 , 13 . 7 . 1974, p. 20 . (b) the port or ports of loading, chosen from among (4 ) OJ No L 47, 21 . 2 . 1975 , p. 4. (5 ) OJ No L 190 , 13 . 7 . 1974, p. 22 . Community ports ;

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

(c) the price, exclusive of taxes, expressed in the /1 rticle 7 currency of the Member State in which the tender is presented , at which the tenderer undertakes to 1 . The successful tenderer, acting in accordance supply in accordance with the specifications laid with the provisions of Article 1 , shall deliver a quan­ down in the Annex , the entire quantity of skim­ tity of skimmed-milk powder as specified in the contract awarded . med-milk powder to which the invitation to tender relates . The successful tenderer shall also supply a further Such price shall be inclusive of transport insur­ 5 % of empty bags identical to those containing the ance costs to the stage stipulated in Article 1 ( 1 ). goods . He undertakes to have these bags mentioned on the bill of lading. 3 . A tender shall be valid only if : 2. Delivery cif shall be completed when the goods (a) it relates to entire quantity put out to tender ; are actually deposited on the quayside or on board a (b) proof is given before expiry of the period set for lighter. the submission of tenders that the security referred to in Article 4 has been provided . Article 8 4 . No tender may be withdrawn . Any demurrage costs at the port of unloading attribu­ Article 4 table to the recipient country shall be borne by it. The rates and other details concerning such costs shall be 1 . The tendering security shall be 20 units of laid down in the contract between the Community account per metric ton of skimmed-milk powder. agent and the carrier and must have been previously agreed upon by that agent and the delivery agent of 2 . It shall take the form , at the discretion of the the recipient country. Member State concerned , either of a cheque made out in favour of the intervention agency, or of a bank Article 9 guarantee which satisfies the criteria fixed by the Member State . 1 . The intervention agency concerned shall as soon as possible notify the recipient country of the name of Article 5 the vessel , the date of loading, the quantity and the quality of the goods as recorded at the time of loading In the light of the tenders received and in accordance and the port of unloading. with the procedure laid down in Article 30 of Regula­ tion ( EEC) No 804/ 68 a maximum price, expressed in 2. The successful tenderer shall inform the recip­ units of account, shall be fixed or alternatively a deci­ ient country at least 10 clear days in advance of the sion shall be taken to make no award . expected date of arrival of the ship in the port of unloading . The successful tenderer shall have included Article 6 in the terms of the charter party a provision stipu­ lating that the ship's captain shall inform the recip­ 1 . A tender shall be refused if the price proposed, ient country at least 72 hours in advance of the ship's converted into units of account , is more than the probable date of arrival in port . maximum price fixed for the purposes of the invita­ tion to tender . Article 10 2 . Subject as provided in paragraph 1 , the successful tenderer shall be the one whose offer, 1 . The competent agency of the Member State in which the contract is awarded shall check that the converted into units of account , is the lowest . Where two or more valid offers specifying identical amounts , skimmed-milk powder in question satisfies the requir­ as converted into units of account , are received by a ements as to quolitv and packaging laid down in the Annex . given intervention agency , the award shall be made by drawing lots . Where such offers are made to different 2 . If the goods are found to satisfy those require­ intervention agencies , the award shall be made by the ments , the agency shall , before completion of the intervention agency selected in accordance with the customs formalities referred to in Article 11(1 ), procedure referred to in Article 5 . provide the successful tenderer with a certificate to that effect . 3 . The intervention agency shall immediately inform each tenderer whether he has been awarded the contract . 3 . On delivery , the recipient country shall issue a certificate stating that delivery of that quantity of skim­ 4 . Rights and obligations arising in connection med-milk powder has been taken at the stage speci­ with the invitation to tender shall not be transferable . fied in Article 1 ( 1 ).

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Article 11 2 . Release of the security shall take place immedi­ ately . 1 . Customs export formalities shall be carried out in the Member State " in which the award of contract is 3 . In cases of force majeure, the intervention made . agency shall decide on the measures to be" taken 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 goods shall , on completion of such formalities , be placed under customs control with the object of The amount referred to in Article 3 ( 2) (c) shall be ensuring that they are loaded at the port specified in paid only on production of the certificates provided the tender . for in Article 10(2) and (3 .)

Proof of loading can be furnished only by production of the control copy referred to in Article 1 of Regula­ Article 14 tion ( EEC ) No 2315 / 69 . Except in cases of force majeure, the successful Sections 101 , 103 and 104 of the control copy shall be tenderer shall accept all financial liability devolving completed . upon the Community by reason of failure to load the skimmed-milk powder by the date specified in Article Section 104 shall be completed by deleting as neces­ 1 ( 3 ). sary and entering against the second indent one of the following endorsements : Costs incurred by reason of failure to deliver the skim­ med-milk powder as a result of force majeure shall be — ' delivery of skimmed-milk powder as food aid borne by the competent agency of the Member State ( Regulation ( EEC) No 917/75) to be shipped from in which the award of contract is made . the port of . . .' ; — ' livraison de lait écrémé en poudre à titre d aide alimentaire ( règlement (CEE) n0 917/75) destinée à Article 15 être embarquée au port de . . .' ; — ' Lieferung von Magermilchpulver als Nahrungsmit­ 1 . On request of the Commission nominating a telhilfe (Verordnung ( EWG ) Nr. 917/ 75) zur Vers­ port other than that provided for in Article 1 ( 1 ), the chiffung im Hafen von . . . bestimmt' ; intervention agency in question may in agreement with the successful tenderer have the skimmed-milk — Fornitura di latte scremato in polvere a titolo di powder delivered to the new nominated port . aiuto alimentare ( regolamento (CEE) n . 917/75) destinata ad essere imbarcata nel porto di . . .' ; 2 . In such case the intervention agency in question — levering van magere-melkpoeder als voedselhulp is to agree with the successful tenderer any cost reduc­ (Verordening ( EEG) nr. 917/75) bestemd om te tion or increase against the costs originally agreed . worden verscheept in de haven van . . ; 3 . The intervention agency shall forthwith commu­ — levering af skummetmælkspulver som fødeva­ nicate to the Commission the agreed new amount of rehjælp ( forordning ( EØF) nr. 917/ 75) bestemt til costs . lastning i havnen i . .

Article16¶

No refund or compensatory amount (whether mone­ 1 . Except in cases of force majeure, the tendering tary or accession ) shall be applicable in respect of security shall be released only if : skimmed-milk powder supplied under this Regula­ tion . (a) the tender has not been accepted ;

(b) the tenderer : Article 17 — has not withdrawn his tender before the contract is awarded , This Regulation shall enter into force on the day — has furnished the certificates provided for in following its publication in the Official Journal of Article 10(2) and ( 3 ). the European Communities.

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

Done at Brussels, 2 April 1975 . S For the Com miss ion P. J. LARDINOIS Member of the Commission

10 . 4 . 75 Official Journal of the European Communities No L 89 / 1 J

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 : vitamin A : 2 500 i.u . per 100 g.

II . Packing (a) New bags of a net weight content of 25 kg (5 % empty bags) (b) composition : (aa) 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 , welded or double-bound , or (bb) one Kraft paper bag of a strength representing at least 70 g/ m 2 ; one Kraft paper bag with a polyethylene lining of a strength representing at least 80 g + 1 5 g/ m 2 ; three Kraft paper bags of a strength representing at least 70 g/ m 2 ; one polyethylene inner bag at least 0.08 mm thick , welded or double-bound . (c ) Marking on the packaging : 'SKIMMED-MILK POWDER CONTAINING VITAMIN "A" 2 500 i.u./ 100 g / GIFT OF THE EUROPEAN ECONOMIC COMMUNITY TO THE SOMALI DEMOCRATIC REPU­ BLIC TO BE DISTRIBUTED FREE OF CHARGE '.