31976R0169

28 . 1 . 76 Official Journal of the European Communities No L 19/7

COMMISSION REGULATION ( EEC) No 169/76 of 26 January 1976 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 Whereas the measures provided for in this Regulation COMMUNITIES, are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products, Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No HAS ADOPTED THIS REGULATION : 804/68 of 27 June 1968 on the common organization of the market in milk and milk products ('), as last amended by Regulation (EEC) No 740/75 (2), and in Article 1 particular Article 7 (5) thereof,

1 . Tenders shall be invited in accordance with Having regard to Council Regulation (EEC) No 1347/75 of 26 May 1975 laying down the general Regulations (EEC) No 1347/75 and ( EEC) No rules for the supply of skimmed-milk powder under 1348 /75 for the costs of supplying to UNICEF 665 the 1975 food-aid programme to certain developing metric tons of skimmed-milk powder of which : countries and certain international organizations (3 ), — 365 metric tons to be taken from the 2 910 metric and in particular Article 6 thereof, tons set aside for UNICEF, Whereas Council Regulation (EEC) No 1348 /75 of 26 — 300 metric tons to be taken from the 3 800 metric May 1975 on the supply of skimmed-milk powder tons reserve stock . under the 1975 food-aid programme to certain deve­ loping countries and certain international organiza­ 2. This supply shall be divided up into the tions ^), provides for the supply of 2 910 metric tons following lots : of skimmed-milk powder to UNICEF and provides, moreover, for a 3 800 metric tons reserve stock ; Lot A : 500 metric tons for Bangladesh, of which whereas UNICEF has requested the supply of 665 250 metric tons cif Chittagong and metric tons of vitaminized skimmed milk of which 250 metric tons cif Chalna ; 500 metric tons for Bangladesh and 165 metric tons for the People's Democratic Republic of Yemen ; Lot B : 1 65 metric tons for the People's Democratic Republic of Yemen to be delivered cif Aden . Whereas Article 2(2) of Regulation ( EEC) No 1347/75 provides that if there is not enough skimmed-milk The shipping shall take place as soon as possible and powder available in public stocks with the characteris­ not later than 15 March 1976 . tics necessary for the particular destination where this requires, in particular, the addition of vitamins, 3 . The skimmed-milk powder shall meet the supplies shall be obtained by purchase on the Commu­ requirements as to quality and packaging set out in nity market ; the Annex to this Regulation .

Whereas Article 5 of Regulation (EEC) No 1348/75 provides that for the purposes of the supply and ship­ ment of skimmed-milk powder invitations to tender Article 2 are to be issued ; 1 . The intervention agencies shall frame a notice of Whereas the procedure to be adopted for this invitation to tender which shall be published in the tendering should in the main be the procedure used Official Journal of the European Communities not hitherto in similar cases ; less than 10 days before the closing date for the submission of tenders . (') OJ No L 148 , 28 . 6 . 1968 , p . 13 . (2 ) OJ No L 74, 22 . 3 . 1975, p . 1 . (}) OJ No L 138 , 29 . 5 . 1975, p. 1 . 2 . The closing date for the submission of tenders (4 ) OJ No L 138 , 29, 5 . 1975, p . 3 . shall be 10 February 1976 , at 12 noon .

No L 19 /8 Official Journal of the European Communities 28 . 1 . 76

Article 3 2. Subject as provided in paragraph 1 , the successful tenderer shall be the one whose offer, 1 . Tenders, which shall be in writing, shall be converted into units of account, is the lowest. Where submitted either by delivery by hand to an interven­ two or more valid offers specifying identical amounts, tion agency against acknowledgement of receipt or by as converted into units of account, are received by a registered letter addressed to an intervention agency. given intervention agency, the award shall be made by Intervention agencies may also authorize the use of drawing lots. Where such offers are made to different telex . intervention agencies, the award shall be made by the intervention agency selected in accordance with the 2. Each tender shall bear only one lot. procedure referred to in Article 5.

3 . The tender shall indicate inter alia : 3 . The intervention agency shall immediately inform each tenderer whether he has been awarded (a) the name and address of the tenderer ; the contract . (b) the port or ports of loading, chosen from among Community ports ; 4. Rights and obligations arising in connection (c) the price, exclusive of taxes, expressed in the with the invitation to tender shall not be transferable . currency of the Member State in which the tender is presented, at which the tenderer undertakes to supply, in accordance with the specifications laid Article 7 down in the Annexes, the entire quantity of a lot put out to tender. 1 . The successful tenderer shall deliver a quantity of skimmed-milk powder satisfying the requirements Such price shall be inclusive of transport insurance as to quality and packaging laid down in the Annex. costs to the stage referred to in Article 1 (2) for delivery. The successful tenderer shall also supply a further 5 % of empty bags identical to those containing the 4. A tender shall be valid only if : goods . (a) it relates to the entire lot put out to tender ; 2. Delivery cif shall be completed when the goods (b) proof is given before expiry of the period set for are actually deposited on the quayside or on board a the submission of tenders that the security referred lighter at the port of unloading. to in Article 4 has been provided .

5. No tender may be withdrawn . Article 8

Article 4 Any demurrage costs at the port of unloading attribu­ table to the recipient shall be borne by it. The rates 1 . The tendering security shall be 20 units of and other details concerning such costs shall be laid account per metric ton of skimmed-milk powder. down in the contract between the successful tenderer and the carrier and must have been previously agreed 2. It shall take the form , at the discretion of the upon by the successful tenderer acting as Community Member State concerned, either of a cheque made out agent and the recipient's delivery agent. in favour of the intervention agency, or of a bank guarantee which satisfies the criteria fixed by the Member State . Article 9

Article 5 1 . The intervention agency concerned shall as soon 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 .

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Article 10 — Levering van magere-melkpoeder als voedselhulp (Verordening (EEG) nr. 169/76) bestemd om te 1 . The competent agency of the Member State in 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 require­ rehjælp (forordning (EØF) nr. 169/76) bestemt til ments as to quality and packaging laid down in the lastning i havnen i . . Annex .

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 the recipient shall issue a certificate (b) the tenderer : stating that delivery of that quantity of skimmed milk — has not withdrawn his tender before the has been taken at the stage specified in Article 1 (2). contract is awarded , Article 11 — has furnished the certificates provided for in Article 10(2) and (3). 1 . Customs export formalities shall be carried out 2. Release of the security shall take place immedi­ in the Member State in which the award of contract is ately. made . 3 . In cases of force majeure, the intervention 2. If the port of loading specified in the tender is situated in a Member State other than that in which agency shall decide on the measures to be taken having regard to the circumstances invoked . the customs export formalities are carried out, the goods shall, on completion of such formalities, be placed under customs control with the object of Article 13 ensuring that they are loaded at the port specified in the tender. The amount referred to in Article 3 (3) (c) shall be paid only on production of the certificates provided Proof of loading can be furnished only by production for in Article 10(2) and (3). of the control copy referred to in Article 1 of Commis­ sion Regulation (EEC) No 2315/69 of 19 November 1969 on the use of Community transit documents for Article 14 the purpose of applying Community measures for veri­ fying the use and/or destination of goods ('), as Except in cases of force majeure, the successful amended by Regulation (EEC) No 690/73 (2). 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 Article completed . 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 — ' delivery of skimmed-milk powder as food aid in which the award of contract is made . (Regulation (EEC) No 169/76 to be shipped from the port of . . ; Article 15 — ' Livraison de lait écrémé en poudre à titre d aide alimentaire (règlement (CEE) n0 169/76 destinée à No refund or compensatory amount (whether mone­ être embarquée au port de . . .' ; tary or accession ) shall be applicable in respect of — ' Lieferung von Magermilchpulver als Nahrungsmit­ skimmed-milk powder supplied under this Regula­ telhilfe (Verordnung ( EWG) Nr. 169 /76 zur Vers­ tion . chiffung im Hafen von . . . bestimmt' ; — ' Fornitura di latte scremato in polvere a titolo di Article 16 aiuto alimentare ( regolamento (CEE) n . 169 / 76 destinata ad essere imbarcata del porto di . . .' ; This Regulation shall enter into force on the day (') OJ No L 295, 24 . 11 . 1969 , p. 14 . following its publication in the Official Journal of (2) OJ No L 66, 13 . 3 . 1973 , p . 23 . 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, 26 January 1976 .

For the Commission

P. J. LARDINOIS Member of the Commission

28 . 1 . 76 Official Journal of the European Communities No L 19 / 11

ANNEX

I. Skimmed-milk powder requirements

(a) fat content : 1-5 % maximum (b) water content : 4 0 % maximum (c) total acidity in lactic acid : 015% 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 01 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 1 00 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/ m2 or one Kraft paper bag with polyethylene layer, of a strength representing at least 70 g + 15 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)'.