31976R0422

No L 52/ 12 Official Journal of the European Communities 27 . 2. 76

COMMISSION REGULATION (EEC) No 422/76 of 25 February 1976 on the invitation to tender for the costs of delivery of skimmed-milk powder as food aid to Somalia

THE COMMISSION OF THE EUROPEAN Annex I to Commission Regulation (EEC) No COMMUNITIES, 1108/68 of 27 July 1968 on detailed rules of applica­ tion for public storage of skimmed-milk powder (4), as Having regard to the Treaty establishing the European last amended by Regulation (EEC) No 1 457/75 (5). Economic Community, The Belgian intervention agency has the following Having regard to Council Regulation (EEC) No words in letters at least one centimetre high applied 804/68 of 27 June 1968 on the common organization on the packing : of the market in milk and milk products ( J), as last amended by Regulation (EEC) No 740/75 (2), and in 'Skimmed-milk powder — gift of the European particular Articles 7 (5) and 28 thereof, Economic Community to the Somali Democratic Republic — to be distributed free of charge*. Whereas Council Regulation (EEC) No 713/75 of 18 March 1975 laying down the general rules for the 3. The intervention agency shall supply a further supply of skimmed-milk powder as food aid to 5 % empty bags identical to those containing the Somalia (3), provides for a reserve of 2 000 metric tons goods. The successful tenderer undertakes to have of skimmed-milk powder to be delivered following these bags mentioned on the bill of lading. the evolution of the needs of Somalia ; whereas this country has applied for the supply cif of 1 000 metric 4. Delivery shall be made cif Mogadishu (Somalia) tons of skimmed-milk powder ; according to Article 5 ( 1 ). Whereas Article 5 of Regulation (EEC) No 713/75 5. Loading shall take place : provides that for the purposes of the supply and ship­ ment of skimmed-milk powder invitations to tender for lot A (500 metric tons) : after 1 and before 1 5 April are to be issued ; 1976, Whereas the procedure to be adopted for this for lot B (500 metric tons) : after 1 and before 1 5 May 1976 . tendering should in the main be the procedure used hitherto in similar cases ;

Whereas the measures provided for in this Regulation Article 2 are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products, 1 . The Belgian intervention agency shall draw up the notice of invitation to tender, which shall be published in the Official Journal of the European HAS ADOPTED THIS REGULATION : Communities not less than 10 days before the closing date for the submission of tenders .

Article 1 2. The closing date for the submission of tenders shall be 16 March 1976 at 12 noon . 1 . Tenders shall be invited in accordance with the provisions of Regulation (EEC) No 713/75 for the 3 . The intervention agency shall indicate in its costs of delivery to Somalia of a lot of 1 000 metric notice of invitation the warehouses where the tons of skimmed-milk powder which has been subject skimmed-milk powder is held. to the intervention measures specified in Article 7 of Regulation (EEC) No 804/68 , divided into two lots of 500 metric tons . Article 3 The skimmed-milk powder shall be taken from the 1 . Tenders, which shall be in writing, shall be Belgian intervention agency. submitted either by delivery by hand to the interven­ 2. The skimmed-milk powder shall, as to quality tion agency against acknowledgement of receipt or by and packing, satisfy the provisions laid down in registered letter addressed to the intervention agency. Each tender may only relate to one lot . 0) OJ No L 148 , 28 . 6. 1968 , p. 13 . (2) OJ No L 74, 22. 3 . 1975, p. 1 . (4) OJ No L 184, 29 . 7. 1968 , p. 34. (J) OJ No L 71 , 20 . 3 . 1975, p. 4. (5) OJ No L 145, 6. 6. 1975, p . 17.

27 . 2. 76 Official Journal of the European Communities No L 52/ 13

2. The tender shall indicate : Article 6

(a) the name and address of the tenderer ; In the light of the tenders received and in accordance (b) the amount of bid exclusive of tax, expressed in with the procedure laid down in Article 30 of Regula­ Belgian francs, for which the tenderer undertakes tion (EEC) No 804/68 , a maximum amount, expressed to deliver the skimmed-milk powder cif under the in units of account, shall be fixed or alternatively a decision shall be taken to make no award . conditions laid down in Article 5 including the insurance costs covering the value of the goods ; (c) the port of embarkation which may be any Article 7 Community port. 1 . A tender shall be refused if the amount 3 . The tender shall not be valid unless : proposed, converted into units of account, is more than the maximum amount fixed for the lot in ques­ (a) it relates to the whole of the lot to which the invita­ tion . tion to tender relates ; 2. Without prejudice to the provisions of paragraph (b) proof is furnished that before expiry of the time 1 , the successful tenderer shall for each lot be the one limit for the submission of tenders, the tenderer making the lowest offer. has given the security fixed in Article 4. Where two or more valid offers specify amounts 4. The tender may not be withdrawn . which when converted into units of account are iden­ tical, the award shall be made by drawing lots. Article 4 3. Each tenderer shall be immediately notified by the intervention agency of the result of his participa­ 1 . The security required for the invitation to tender tion in the invitation to tender. The intervention shall be two units of account per metric ton of agency concerned shall immediately inform the skimmed-milk powder. Commission of the name of the successful tenderer. 2. It shall take the form, at the option of the 4. Rights and obligations arising in connection Member State concerned, either of a cheque made out with the invitation to tender shall not be transferable . in favour of the country of destination, or of a bank guarantee which satisfies the criteria laid down by that Member State . Article 8

When the successful tenderer takes delivery of the Article 5 skimmed-milk powder, he shall ensure that the quan­ tity handed over corresponds to the quantity to be 1 . Delivery costs shall be the costs incurred up to delivered . the time when the goods are deposited on the quay­ side or on board lighters, if used, all costs subsequent Furthermore, he shall ensure that the packing of the to delivery, including costs of taking delivery, to be skimmed-milk powder satisfies the requirements laid borne by the country of destination . down in Article 1 (2).

2. Any demurrage costs at the port of unloading in Article 9 respect of delays attributable to the country of destina­ tion shall be chargeable to the latter. The rates and The Belgian Government shall : other details concerning such costs shall be laid down in the contract between the successful tenderer and 1 . ensure that the successful tenderer shall : the carrier and must have been previously agreed (a) notify the country of destination, as soon as upon between the former and the delivery agent of possible after the goods have been loaded on the country of destination . board ship, of details of the ship, the loading date, the quantity and quality of the goods as recorded 3. Except in cases of force majeure every successful on shipment and the port of unloading ; tenderer shall accept all financial liability devolving (b) at least 10 clear days in advance, inform the upon the Community by reason of failure to deliver country of destination of the expected date of the skimmed-milk powder at the place and by the arrival at the port of ship's unloading ; time appointed, provided always that the country of destination has made it possible for the skimmed­ (c) have included in the terms of the charter-party a milk powder to be so delivered . Costs incurred by provision stipulating that the ship's captain shall, reason of failure to deliver the skimmed-milk powder at least 72 hours in advance, notify the country of as a result of force majeure shall be borne by the destination of the ship's probable date of arrival in Belgian intervention agency. port ;

No L 52/ 14 Official Journal of the European Communities 27 . 2. 76

2. send to the Commission as soon as possible the measures to be taken having regard to the circum­ information specified in paragraph 1 (a) and (b). stances invoked and shall inform the Commission thereof. Article 10

1 . The goods shall be regarded as delivered cif when they are deposited on the quayside in the port Article 13 of unloading or on board lighters, if used. 2. On cif delivery in accordance with paragraph 1 The intervention agency shall pay to the successful the country of destination shall issue a certificate tenderer the amount stated in his tender upon produc­ declaring that the skimmed-milk powder has been delivered . tion of the certificate referred to in Article 10 (2).

Article11¶

1 . Save in the case of force majeure, the tendering Article 14 security shall be released only if : (a) the tender has not been accepted ; No refund or compensatory amount (whether mone­ (b) the tenderer : tary or accession) shall be applied in respect of the — has not withdrawn his tender before the deci­ skimmed-milk powder to which this Regulation applies. sion awarding the tender, — has furnished the certificate provided for in Article 10 (2). 2. The security shall be released immediately. Article 15

Article 12 This Regulation shall enter into force on the third day In cases of force majeure the intervention agency following its publication in the Official Journal of selling the skimmed-milk powder shall decide on the the European Communities.

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

Done at Brussels, 25 February 1976. For the Commission P.J. LARDINOIS Member of the Commission