31976R0717

31 . 3 . 76 Official Journal of the European Communities No L 84/ 21

COMMISSION REGULATION (EEC) No 717/76 of 29 March 1976 concerning the issue of an invitation to tender for the supply to the World Food Programme for use as food aid of vitaminized skimmed-milk powder to be purchased on the Community market, for the benefit of the Islamic Republic of Pakistan

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, Article 1

Having regard to Council Regulation (EEC) No 1 . Tenders shall be invited, in accordance with 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (!), as last Regulations (EEC) No 1347/75 and (EEC) No 1348/75, for the costs of supplying to the WFP 3 744 amended by Regulation (EEC) No 559/76 (2), and in metric tons of vitaminized skimmed-milk powder for particular Article 7 (5) thereof, the Islamic Republic of Pakistan, divided into three Having regard to Council Regulation (EEC) No lots of 1 248 metric tons each . 1347/75 of 26 May 1975 laying down the general rules for the supply of skimmed-milk powder under 2. The skimmed-milk powder shall meet the requir­ the 1975 food-aid programme to certain developing ements as to quality and packaging set out in the countries and certain international organizations (3), Annex to this Regulation. and in particular Article 6 thereof,

Whereas Council Regulation (EEC) No 1348/75 of 26 May 1975 on the supply of skimmed-milk powder Article 2 under the 1975 food-aid programme to certain deve­ loping countries and certain international organiza­ tions (4), provides inter alia for 20 000 metric tons of 1 . The port of embarkation to be specified in the skimmed-milk powder to be made available to the tender shall be chosen from among Community ports World Food Programme (WFP) ; whereas the WFP accessible for ocean-going ships having regular lines has requested the supply of 3 744 metric tons of vita­ to the country of destination . minized skimmed-milk powder for the Islamic Repu­ blic of Pakistan ; 2. The delivery at the port of embarkation shall take place on a date fixed by the intervention agency Whereas Article 2 (2) of Regulation (EEC) No 1347/75 concerned and which shall be after 15 and before 30 provides that if there is not enough skimmed-milk May 1976. powder available in public stocks with the characteris­ tics necessary for the particular destination where this requires, in particular, the addition of vitamins, 3 . The time limit for the submission of tenders supplies shall be obtained by purchase on the Commu­ expires on 13 April 1976 at 12 noon. nity market ;

Whereas Article 5 of Regulation (EEC) No 1348/75 provides that for the purposes of the supply and ship­ Article 3 ment of skimmed-milk powder invitations to tender are to be issued ; 1 . The intervention agencies shall frame a notice of invitation to tender which shall be published in the Whereas the procedure to be adopted for this 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 . Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ 2. Tenders, which shall be in writing, shall be ment Committee for Milk and Milk Products, submitted either by delivery by hand to an interven­ tion agency against acknowledgement of receipt or by (i ) OJ No L 148, 28 . 6. 1968, p. 13. registered letter addressed to an intervention agency. (*) OJ No L 67, 15. 3 . 1976, p. 9. P) OJ No L 138, 29 . 5. 1975, p. 1 . Intervention agencies may also authorize the use of (♦) OJ No L 138, 29. 5. 1975, p. 3. telex .

No L 84/22 Official Journal of the European Communities 31 . 3 . 76

3. The tenderer shall specify for how many lots his two or more valid offers specifying identical amounts, tender is valid . as converted into units of account, are received by a given intervention agency, the award shall be made by 4. The tender shall indicate inter alia : drawing lots. Where such offers are made to different intervention agencies, the award shall be made by the (a) the name and address of the tenderer ; intervention agency selected in accordance with the procedure referred to in Article 5. (b) the port or ports of loading, chosen from among ports specified in Article 2 ( 1 ); 3 . The intervention agency shall immediately (c) the price, exclusive of taxes, expressed in the inform each tenderer whether he has been awarded currency of the Member State in which the tender the contract. is presented, at which the tenderer undertakes to supply, in accordance with the specification laid down in the Annex, the lot or lots subject to the 4. Rights and obligations arising in connection tender. with the invitation to tender shall not be transferable .

Such price shall be inclusive of transport insurance 5. The intervention agencies shall immediately communicate to the Commission the tenderers' costs to the stage referred to in Article 7 for delivery. names and addresses . 5. A tender shall be valid only if :

(a) it relates to an entire lot or several of the lots put Article 7 out to tender ; (b) proof is given before expiry of the period set for The successful tenderer shall, on the date fixed by the the submission of tenders that the security referred WFP, deliver at the port specified in the tender a to in Article 4 has been provided. quantity of skimmed-milk powder equal to the quan­ tity there specified. Any schedule for instalment deliv­ 6. No tender may be withdrawn . eries shall be agreed between the successful tenderer and the agent of the WFP.

Article 4 The goods shall be regarded as delivered when they are deposited at the place of exportation at the point 1 . The tendering security shall be 20 units of designated by the WFP or its agent. account per metric ton of skimmed-milk powder.

2. It shall take the form, at the discretion of the Article 8 Member State concerned, either of a cheque made out in favour of the intervention agency, or of a bank Upon delivery of the goods at the port of embarka­ guarantee which satisfies the criteria fixed by the Member State . tion, the WFP agent shall hand to the successful tenderer acting as agent for the Community a letter of acceptance. Article 5

Article 9 In the light of the tenders received and in accordance with the procedure laid down in Article 30 of Regula­ tion (EEC) No 804/68 a maximum amount, expressed 1 . The competent agency of the Member State in in units of account, shall be fixed or alternatively a which the contract is awarded shall check that the decision shall be taken to make no award . skimmed-milk powder in question satisfies the re­ quirements as to quality and packaging laid down in the Annex . Article 6 2. If the goods are found to satisfy those require­ 1 . A tender shall be refused if the price proposed, ments, the agency shall provide the successful converted into units of account, is more than the tenderer with a certificate to that effect . maximum price fixed for the lot in question . 3 . On delivery the recipient shall issue a certificate 2. Subject as provided in paragraph 1 , the stating that delivery of that quantity of skimmed-milk successful tenderer shall be the one whose offer, powder has been taken at the stage specified in Article converted into units of account, is the lowest. Where 7 .

31 . 3 . 76 Official Journal of the European Communities No L 84/23

Article 10 Article 12 1 . Except in cases of force majeure, the tendering Except in cases of force majeure, the successful security shall be released only if : tenderer shall accept all financial liability devolving upon the Community by reason of failure to load the (a) the tender has not been accepted ; skimmed-milk powder at the place and in due time, (b) the tenderer : the WFP having enabled the delivery at the place and — has not withdrawn his tender before the by the time appointed. contract is awarded, Costs incurred by reason of failure to deliver the skim­ — has furnished the certificates provided for in med-milk powder as a result of force majeure shall be Article 9 (2) and (3). borne by the competent agency of the Member State concerned. 2. Release of the security shall take place immedi­ ately. Article 13 3. In cases of force majeure, the intervention No refund or compensatory amount (whether mone­ tary or accession) shall be applicable in respect of agency shall decide on the measures to be taken having regard to the circumstances invoked. skimmed-milk powder supplied under this Regula­ tion . Article 11 Article 14

The amount referred to in Article 3 (4) (c) shall be This Regulation shall enter into force on the day paid only on production of the certificate provided for following its publication in the Official Journal of in Article 9 (2) and (3). the European Communities.

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

Done at Brussels, 29 March 1976 . For the Commission

P.J. LARDINOIS Member of the Commission

No L 84/24 Official Journal of the European Communities 31 . 3 . 76

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% ( 18° Domic) (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 impu­ rities 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. (b) Composition : — four Kraft paper bags of a strength representing at least 70 g/m2 ; — 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 — World Food Programme', followed by the name of the port of unloading 'Karachi' and the code iden­ tification of the manufacturing undertaking.