31975R2685
No L 272 / 18 Official Journal of the European Communities 23 . 10 . 75
REGULATION ( EEC) No 2685 / 75 OF THE COMMISSION of 21 October 1975 concerning the issue of an invitation to tender for the supply to UNICEF for India 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 Regulations (EEC) No 1347/75 and (EEC) No Having regard to Council Regulation ( EEC) No 1348 /75 for the costs of supplying to UNICEF a lot of 804/ 68 ( 1 ) of 27 June 1968 on the common organiza 300 metric tons of skimmed-milk powder for India . tion of the market in milk and milk products, as last 2. Delivery shall be effected cif Bombay. amended by Regulation ( EEC) No 740 / 75 ( 2), and in particular Article 7 ( 5) thereof ; 3 . The skimmed-milk powder shall meet the requirements as to quality and packaging set out in Having regard to Council Regulation ( EEC) No the Annex to this Regulation . 1 347/ 75 (3 ) of 26 May 1975 laying down the general rules for the supply of skimmed-milk powder under 4. Loading shall take place as soon as possible and not later than 30 December 1975 . the 1 975 food-aid programme to certain developing countries and certain international organizations, and in particular Article 6 thereof ; A rticle 2
Whereas Council Regulation ( EEC) No 1 348 /75 (4 ) of 1 . The intervention agencies shall frame a notice of 26 May 1975 on the supply of skimmed-milk powder invitation to tender which shall be published in the under the 1975 food-aid programme to certain deve Official Journal of the European Communities not loping countries and certain international organiza less than 10 days before the closing date for the submission of tenders . tions provides for the supply of 2 910 metric tons of skimmed-milk powder to UNICEF ; whereas 2 . The closing date for the submission of tenders UNICEF has requested the supply of 300 metric tons shall be 18 November 1975 , at 12 noon . of vitaminized skimmed-milk powder for India ;
Article 3 Whereas Article 2 ( 2) of Regulation ( EEC) No 1347/ 75 provides that if there is not enough skimmed-milk 1 . Tenders, which shall be in writing, shall be powder available in public stocks with the characteris submitted either by delivery by hand to an interven tics necessary for the particular destination where this tion agency against acknowledgement of receipt or by requires , in particular, the addition of vitamins , registered letter addressed to an intervention agency. supplies shall be obtained by purchase on the Commu Intervention agencies may also authorize the use of nity market ; telex . Whereas Article 5 of Regulation ( EEC) No 1348 / 75 2 . Each tender shall bear only on one lot. provides that for the purposes of the supply and ship ment of skimmed-milk powder invitations to tender 3 . The tender shall indicate inter alia : are to be issued ; (a) the name and address of the tenderer ; (b) the port or ports of loading, chosen from among Whereas the procedure to be adopted for this Community ports ; tendering should in the main be the procedure used hitherto in similar cases ; (c) the price, exclusive of taxes, expressed in the currency of the Member State in which the tender is presented, at which the tenderer undertakes to Whereas the measures provided for in this Regulation supply, in accordance with the specifications laid are in accordance with the Opinion of the Manage ment Committee for Milk and Milk Products, down in the Annexes, the entire quantity of a lot put out to tender ; (') Oj No L 148 , 28 . 6 . 1968 , p . 13 . Such price shall be inclusive of transport insurance (-') O ) No L 74 , 22 . 3 . 1975, p . 1 . O OJ No L 138 , 29 . 5 . 1975 , p . 1 . costs to the stage referred to in Article 1 (2) for (4 ) O'f No L 138 , 29 . 5 . 1975, p. 3 . delivery .
23 . 10 . 75 No L 272/ 19 Official Journal of the European Communities
4. A tender shall be valid only if : 2 . Delivery cif shall be completed when the goods are actually deposited on the quayside or on board a (a) it relates to the entire lot put out to tender ; lighter at the port of unloading. (b) proof is given before expiry of the period set for the submission of tenders that the security referred to in Article 4 has been provided . Article 8 5 . No tender may be withdrawn .
Any demurrage costs at the port of unloading attribu Article 4 table to the recipient shall be borne by it. The rates and other details concerning such costs shall be laid 1 . The tendering security shall be 20 units of down in the contract between the successful tenderer account per metric ton of skimmed-milk powder. and the carrier and must have been previously agreed upon by the successful tenderer acting as Community 2 . It shall take the form , at the discretion of the agent and the recipient's delivery agent. Member State concerned , either of a cheque made out in favour of the intervention agency, or of a bank guarantee which satisfies the criteria fixed by the Article 9 Member State .
1 . The intervention agency concerned shall as soon Article 5 as possible notify the recipient body of the name of the vessel , the date of loading, the quantity and the In the light of the tenders received and in accordance quality of the goods as recorded at time of loading with the procedure laid down in Article 30 of Regula and the port of unloading. tion (EEC) No 804/68 a maximum price, expressed in units of account, shall be fixed or alternatively a deci sion shall be taken to make no award . 2 . The successful tenderer shall inform the recip ient at least 10 clear days in advance of the expected date of arrival of the ship in the port of unloading. Article 6 The successful tenderer shall have included in the terms of the charter-party a provision stipulating that 1 . A tender shall be refused if the price proposed, the ship's captain shall inform the recipient at least 72 converted into units of account, is more than the hours in advance of the ship's probable date of arrival maximum price fixed for the lot in question . in port.
2. Subject as provided in paragraph 1 , the successful tenderer shall be the one whose offer, Article 10 converted into units of account, is the lowest . Where two or more valid offers specifying identical amounts, as converted into units of account, are received by a 1 . The competent agency of the Member State in which the contract is awarded shall check that the given intervention agency, the award shall be made by drawing lots . Where such offers are made to different skimmed-milk powder in question satisfies require intervention agencies , the award shall be made by the ments as to quality and packaging laid down in the Annex . intervention agency selected in accordance with the procedure referred to in Article .5 . 2. If the goods are found to satisfy those require 3 . The intervention agency shall immediately ments, the agency shall , before completion of the inform each tenderer whether he has been awarded customs formalities referred to in Article 11 ( 1 ), the contract . provide the successful tenderer with a certificate to that effect . 4 . Rights and obligations arising in connection with the invitation to tender shall not be transferable . 3 . On delivery the recipient shall issue a certificate stating that delivery of that quantity of skimmed-milk Article 7 has been taken at the stage specified in Article 1 (2).
1 . The successful tenderer shall deliver a quantity of skimmed-milk powder satisfying the requirements Article 11 as to quality and packaging laid down in the Annex .
The successful tenderer shall also supply a further 1 . Customs export formalities shall be carried out S % of empty bags identical to those containing the in the Member State in which the award of contract is goods . made .
No L 272/ 20 Official Journal of the European Communities 23 . 10 . 75
2. If the port of loading specified in the tender is (a) the tender has not been accepted ; situated in a Member State other than that in which (b) the tenderer : the customs export formalities are carried out, the — has not withdrawn his tender before the goods shall, on completion of such formalities, be contract is awarded , placed under customs control with the object of ensuring, that they are loaded at the port specified in — has furnished the certificates provided for in the tender . Article 10 (2) and (3).
Proof of loading can be furnished only by production 2 . Release of the security shall take place immedi of the control copy referred to in Article 1 of Commis ately. sion Regulation (EEC) No 2315/ 69 (') of 19 3 . In cases of force majeure, the intervention November 19 69 on the use of Community transit agency shall decide on the measures to be taken documents for the purpose of applying Community having regard to the circumstances invoked . measures for verifying the use and/or destination of goods, as amended by Regulation ( EEC) No 690 /73 (2). Article 13 Sections 101 , 103 and 104 of the control copy shall be completed . The amount referred to in Article 3 (2) (c) shall be 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 ( Regulation ( EEC) No 2685/75) to be shipped Except in cases of force majeure, the successful from the port of . . .' ; tenderer shall accept all financial liability devolving — ' Livraison de lait écrémé en poudre à titre d aide upon the Community by reason of failure to load the • alimentaire (règlement (CEE) n° 2685/75 destinée skimmed-milk powder by the date specified in Article à être embarquée au port de . . .' ; 1 (4). — ' Lieferung von Magermilchpulver als Nahrungsmit Costs incurred by reason of failure to deliver the skim telhilfe (Verordnung ( EWG ) Nr. 2685 / 75) Verschif med-milk powder as a result of force majeure shall be fung im Hafen von . . . bestimmt' ; borne by the competent agency of the Member State — Fornitura di latte scremato in polvere a titolo di in which the award of contract is made . aiuto alimentare ( regolamento (CEE) n . 2685 /75) destinata ad essere imbarcata del porto di . . .' ; Article 15 — Levering van magere-melkpoeder als voedselhulp (Verordening ( EEG ) nr. 2685/ 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. 2685/ 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 , 21 October 1975 .
For the Commission
P.J. LARDINOIS Member of the Commission
(') OJ No L 295 , 24 . II . 1969 , p . 14 . (-') OJ No L 66 , 13 . 3 . 1 973 , p . 23 .
23 . 10 . 75 Official Journal of the European Communities No L 272/ 21
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 (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) The following marking to appear on the packaging in letters at least 1 cm high : ' FORTIFIED SKIMMED-MILK POWDER — GIFT OF THE EUROPEAN ECONOMIC COMMUNITY — ACTION OF THE UNITED NATIONS CHILDREN 'S FUND ( UNICEF)'.