31975R2539

7 . 10 . 75 No L 259 / 5 Official Journal of the European Communities

REGULATION ( EEC) No 2539/75 OF THE COMMISSION

of 3 October 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 Having regard to Council Regulation (EEC) No Regulations (EEC) No 1347/75 and (EEC) No 804/68 ( } ) of 27 June 1968 on the common organiza­ 1348/75 for the costs of supplying to UNICEF 2 335 metric tons of skimmed-milk powder divided into the tion of the market in milk and milk products, as last following lots and to the destinations mentioned in amended by Regulation (EEC) No 740/75 (2), and in Annex I to this Regulation . particular Article 7 (5) thereof ;

2 . Deliveries shall be effected following the manner Having regard to Council Regulation (EEC) No specified in Annex I. 1 347/75 (3) of 26 May 1975 laying down the general rules for the supply of skimmed-milk powder under 3 . The skimmed-milk powder shall meet the the 1975 food-aid programme to certain developing requirements as to quality and packaging set out in countries and certain international organizations, and Annex II to this Regulation . in particular Article 6 thereof ;

Whereas Council Regulation (EEC) No 1 348 /75 (4 ) of Article 2 26 May 1975 on the supply of skimmed-milk powder under the 1975 food-aid programme to certain deve­ 1 . The intervention agencies shall frame a notice of loping countries and certain international organiza­ invitation to tender which shall be published in the tions provides for the supply of 2 910 metric tons of Official Journal of the European Communities not skimmed-milk powder to UNICEF ; whereas less than 10 days before the closing date for the UNICEF has requested the supply of 2 335 metric submission of tenders . tons of vitaminized skimmed-milk powder for various developing countries ; 2. The closing date for the submission of tenders shall be 28 October 1975, at 12 noon . Whereas Article 2(2) of Regulation ( EEC) No 1347/75 provides that if there is not enough skimmed-milk powder available in public stocks with the characteris­ Article 3 tics necessary for the particular destination where this requires , in particular, the addition of vitamins, 1 . Tenders, which shall be in writing, shall be supplies shall be obtained by purchase on the Commu­ submitted either by delivery by hand to an interven­ nity market ; tion agency against acknowledgement of receipt or by registered letter addressed to an intervention agency. Whereas Article 5 of Regulation (EEC) No 1348 /75 Intervention agencies may also authorize the use of provides that for the purposes of the supply and ship­ telex . ment of skimmed-milk powder invitations to tender are to be issued ; 2. Each tender shall bear only on one lot.

Whereas the procedure to be adopted for this 3 . The tender shall indicate inter alia : tendering should in the main be the procedure used hitherto in similar cases ; (a) the name and address of the tenderer ;

(b) the port or ports of loading, chosen from among Whereas the measures provided for in this Regulation Community ports ; are in accordance with the Opinion of the Manage­ (c) the price, exclusive of taxes, expressed in the ment Committee for Milk and Milk Products , currency of the Member State in which the tender is presented , at which the tenderer undertakes to (') OJ No L 148 , 28 . 6 . 1968 , p. 13. supply, in accordance with the specifications laid (2 ) OJ No L 74, 22 . 3 . 1975, p. 1 . O OJ No L 138 , 29 . 5 . 1975, p . 1 . down in the Annexes, the entire quantity of a lot H OJ No L 138 , 29 . 5 . 1975, p . 3 . put out to tender ;

No L 259 / 6 Official Journal of the European Communities 7 . 10 . 75

Such price shall be inclusive of transport insurance 2 . Delivery cif shall be completed when the goods costs to the stage stipulated in Annex I for delivery. are actually deposited on the quayside or on board a lighter at the port of unloading. 4 . A tender shall be valid only if :

(a) it relates to the entire lot put out to tender ; Article 8 (b) proof is given before expiry of the period set for the submission of tenders that the security referred Any demurrage costs at the port of unloading attribu­ to in Article 4 has been provided. table to the recipient shall be borne by it. The rates and other details concerning such costs shall be laid 5 . No tender may be withdrawn . down in the contract between the successful tenderer and the carrier and must have been previously agreed Article 4 upon by the successful tenderer acting as Community agent and the recipient's delivery agent. 1 . The tendering security shall be 20 units of account per metric ton of skimmed-milk powder. Article 9 2 . It shall take the form , at the discretion of the Member State concerned, either of a cheque made out 1 . The intervention agency concerned shall as soon in favour of the intervention agency, or of a bank as possible notify the recipient body of the name of the vessel , the date of loading, the quantity and the guarantee which satisfies the criteria fixed by the Member State . quality of the goods as recorded at time of loading and the port of unloading. Article 5 2. The successful tenderer shall inform the recip­ ient at least 10 clear days in advance of the expected In the light of the tenders received and in accordance date of arrival of the ship in the port of unloading. with the procedure laid down in Article 30 of Regula­ The successful tenderer shall have included in the tion (EEC) No 804/68 a maximum price, expressed in terms of the charter-party a provision stipulating that units of account, shall be fixed or alternatively a deci­ sion shall be taken to make no award . the ship's captain shall inform the recipient at least 72 hours in advance of the ship's probable date of arrival in port. Article 6

1 . A tender shall be refused if the price proposed, Article 10 converted into units of account, is more than the maximum price fixed for the lot in question . 1 . The competent agency of the Member State in which the contract is awarded shall check that the 2. Subject as provided in paragraph 1 , the skimmed-milk powder in question satisfies require­ successful tenderer shall be the one whose offer, ments as to quality and packaging laid down in converted into units of account, is the lowest. Where Annex II . two or more valid offers specifying identical amounts, as converted into units of account, are received by a 2. If the goods are found to satisfy those require­ given intervention agency, the award shall be made by ments, the agency shall , before completion of the drawing lots . Where such offers are made to different customs formalities referred to in Article 11(1 ), intervention agencies, the award shall be made by the provide the successful tenderer with a certificate to intervention agency selected in accordance with the that effect . procedure referred to in Article 5 . 3 . On delivery of the quantity to the recipient 3 . The intervention agency shall immediately country in question, the recipient shall issue a certifi­ inform each tenderer whether he has been awarded cate stating that delivery of that quantity of skimmed­ the contract . milk has been taken at the stage specified in Annex I. 4. Rights and obligations arising in connection with the invitation to tender shall not be transferable . A rticle 1 1

1 . Customs export formalities shall be carried out Article 7 in the Member State in which the award of contract is made . 1 . The successful tenderer, acting in accordance with the specifications of Annex I to this Regulation , 2. If the port of loading specified in the tender is shall deliver a quantity of skimmed-milk powder satis­ situated in a Member State other than that in which fying the requirements as to quality and packaging laid down in Annex II . the customs export formalities are carried out, the goods shall, on completion of such formalities, be The successful tenderer shall also supply a further placed under customs control with the object of 5 % of empty bags identical to those containing the ensuring that they are loaded at the port specified in goods . the tender.

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Proof of loading can be furnished only by production — has furnished the certificates provided for in of the control copy referred to in Article 1 of Commis­ Article 1 0 (2) and (3). sion Regulation (EEC) No 2315/69 ( J) of 19 2. Release of the security shall take place immedi­ November 1969 on the use of Community transit ately. documents for the purpose of applying Community measures for verifying the use and/or destination of 3 . In cases of force majeure, the intervention goods, as amended by Regulation (EEC) No 690/73 (2). agency shall decide on the measures to be taken having regard to the circumstances invoked . Sections 101 , 103 and 104 of the control copy shall be completed . Article 13 Section 104 shall be completed by deleting as neces­ The amount referred to in Article 3 (2) (c) shall be sary and entering against the second indent one of the paid only on production of the certificates provided following endorsements : for in Article 1 0 (2) and (3). — 'delivery of skimmed-milk powder as food aid Concerning lot A referred to in Annex I, the payment (Regulation (EEC) No 2539/75) to be shipped of this amount may be divided following the quanti­ from the port of. . .' ; ties for which the abovementioned certificates are — ' Livraison de lait écrémé en poudre à titre d aide provided. alimentaire (règlement (CEE) n0 2539/75) destinée à être embarquée au port de . . .' ; Article 14 — ' Lieferung von Magermilchpulver als Nahrungsmit­ telhilfe (Verordnung (EWG) Nr. 2539/75) Verschif­ Except in cases of force majeure, the successful fung im Hafen von . . . bestimmt' ; tenderer shall accept all financial liability devolving — ' Fornitura di latte scremato in polvere a titolo di upon the Community by reason of failure to load the aiuto alimentare (regolamento (CEE) n . 2539/75) skimmed-milk powder by the date specified in Annex I. destinata ad essere imbarcata del porto di . . .' ; — ' Levering van magere-melkpoeder als voedselhulp Costs incurred by reason of failure to deliver the skim­ (Verordening (EEG) nr. 2539 /75) bestemd om te med-milk powder as a result of force majeure shall be worden verscheept in de haven van . . .' ; borne by the competent agency of the Member State in which the award of contract is made . — ' Levering af skummetmælkspulver som fødeva­ rehjælp (forordning (EØF) nr. 2539/75) bestemt til lastning i havnen i . . .'. Article 15

No refund or compensatory amount (whether mone­ Article 12 tary or accession) shall be applicable in respect of skimmed-milk powder supplied under this Regula­ 1 . Except in cases of force majeure, the tendering tion . security shall be released only if :

(a) the tender has not been accepted ; Article 16 (b) the tenderer : This Regulation shall enter into force on the day — has not withdrawn his tender before the following its publication in the Official Journal of contract is awarded , the European Communities.

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

Done at Brussels, 3 October 1975 .

For the Commission

P.J. LARDINOIS

Member of the Commission

(>) OJ No L 295, 24. 11 . 1969, p . 14. 2 OJ No L 66, 13 . 3 . 1973, p. 23 .

No L 259/ 8 Official Journal of the European Communities 7 . 10 . 75

ANNEX I

Total quantity Method Designation Partial quantities Recipient Date of loading, of the lot of each lot (metric tons) countries of delivery at the latest (metric tons)

A 700 500 15 December 1975 Bangladesh 250 t cif Chittagong 250 t cif Chalna 15 December 1975 200 Burma 15 December 1975 100 t cif Rangoon 100 t cif Rangoon 15 March 1976 B 1 635 — India cif Bombay 31 December 1975

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° Cornic) (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 clean (1) taste and smell : (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 0-06 mm thick, double bound . (c) The following marking to appear on the packaging in at least 1 cm high : ' FORTIFIED SKIMMED-MILK POWDER — GIFT OF THE EUROPEAN ECONOMIC COMMUNITY — ACTION OF THE UNITED NATIONS CHILDREN'S FUND (UNICEF)'.