31976R0788

7 . 4. 76 Official Journal of the European Communities No L 92/ 11

COMMISSION REGULATION ( EEC) No 788 /76 of 6 April 1976 on the invitation to tender for the costs of delivery of skimmed-milk powder as food aid to UNRWA

THE COMMISSION OF THE EUROPEAN (EEC) No 804/68, and held by the German interven­ COMMUNITIES, tion agency, divided into the following lots :

Having regard to the Treaty establishing the European — lot A : 250 metric tons cif Aqaba, Economic Community, — lot B : 650 metric tons cif Lattakia, — lot C : 700 metric tons cif Ashdod. Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization 2. At the time it is withdrawn from stock, the skim­ of the market in milk and milk products ('), as last med-milk powder shall, as to quality, satisfy the amended by Regulation (EEC) No 559/76 (2), and in requirements laid down in Annex I to Commission particular Articles 7 (5) and 28 thereof, Regulation (EEC) No 1108/68 of 27 July 1968 on detailed rules of application for the public storage of Whereas Council Regulation (EEC) No 1348/75 of 26 skimmed-milk powder (5), as last amended by Regula­ May 1975 on the supply of skimmed-milk powder as tion (EEC) No 1457/75 (6). food aid to certain developing countries and interna­ tional organizations under the 1975 programme (3), makes provision for 2 000 metric tons of skimmed­ The conditions for packing are laid down in the Annex to this Regulation. milk powder held by intervention agencies to be made available to the United Nations Relief and Works Agency, hereinafter called 'UNRWA' ; whereas 3 . The intervention agency shall supply a further UNRWA has requested the cif delivery of a quantity 2 % empty bags identical to those containing the of 1 600 metric tons ; goods. The successful tenderer undertakes to have these bags mentioned on the bill of lading. Whereas under Article 5 of Council Regulation (EEC) No 1347/75 of 26 May 1975 laying down general 4. Loading shall take place as soon as possible and rules for the supply of skimmed-milk powder as food not later than 20 May 1976. aid to certain developing countries and international organizations under the 1975 programme ^), such supplies are as a rule to be put out to tender ; Article 2

Whereas the tendering procedure should for the main 1 . The German intervention agency shall draw up point be retained as the procedure determined at the the notice of invitation to tender, which shall be present time for similar cases ; published in the Official Journal of the European Communities not less than 10 days before the closing Whereas the measures provided for in this Regulation date for the submission of tenders . are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products, 2. The closing date for the submission of tenders shall be 20 April 1976 at 12 noon .

3 . The intervention agency shall indicate in its HAS ADOPTED THIS REGULATION : notice the warehouses where the skimmed-milk powder is held.

Article 1 Article 3 1 . Tenders shall be invited in accordance with the provisions of Regulations (EEC) No 1347/75 and 1 . Tenders, which shall be in writing, shall be (EEC) No 1348/75 for the costs of delivery to UNRWA of 1 600 metric tons of skimmed-milk submitted either by delivery by hand to the interven­ tion agency against acknowledgment of receipt or by powder bought in under Article 7 ( 1 ) of Regulation registered letter or telex addressed to the intervention agency . (') OJ No L 148 , 28 . 6. 1968, p. 13 . (2) OJ No L 67, 15. 3. 1976, p. 9 . (3) OJ No L 138 , 29 . 5. 1975, p. 3. (') OJ No L 184, 29 . 7. 1968 , p. 34. (") OJ No L 138 , 29. 5. 1975, p. 1 . (6) OJ No L 145, 6. 6. 1975, p. 17.

No L 92/ 12 Official Journal of the European Communities 7. 4. 76

2. Each tender shall indicate only one lot. majeure shall be borne by the German intervention agency. 3 . The tender shall indicate :

(a) the name and address of the tenderer ; Article 6 (b) the amount, expressed in DM, for which the tenderer undertakes to deliver the skimmed-milk In the light of the tenders received and in accordance powder cif under the conditions laid down in with the procedure laid down in Article 30 of Regula­ Article 5 including the insurance costs covering tion (EEC) No 804/68 , a maximum amount, expressed the value of the goods ; in units of account, shall be fixed or alternatively a decision shall be taken to make no award. (c) the port of embarkation, which may be any Community port. Article 7 4 . The tender shall not be valid unless : 1 . A tender shall be refused if the amount (a) it relates to the whole of a lot to which the invita­ proposed, converted into units of account, is more tion to tender relates ; than the maximum fixed for the lot in question . (b) proof is furnished that before the time limit for submission of tenders is expired, the tenderer has 2. Without prejudice to the provisions of paragraph given the security fixed in Article 4. 1 , the successful tenderer shall for each lot be the one making the lowest offer. Where two or more valid 5. The tender may not be withdrawn .. offers specify amounts which when converted into units of account are identical , the award shall be made by drawing lots . Article 4 3 . Each tenderer shall be immediately notified by 1 . The security required for the invitation to tender the intervention agency of the result of his participa­ shall be two units of account per metric ton of skim­ tion in the invitation to tender. The intervention med-milk powder. agency concerned shall immediately inform the Commission of the name and address of the 2. It shall take the form, at the option of the successful tenderers . Member State concerned, either of a cheque made out in favour of the intervention agency, or of a bank 4. Rights and obligations arising in connection guarantee which satisfies the criteria laid down by the with the invitation to tender shall not be transferable . Member State .

Article 8 Article 5 When the successful tenderer takes delivery of the 1 . Delivery costs shall be the costs incurred up to skimmed-milk powder, he shall ensure that the quan­ the time when the goods are deposited on the quay­ tity handed over corresponds to the quantity to be side or on board lighters, if used, all costs subsequent delivered . to delivery, including costs of taking delivery, to be borne by the recipient. Furthermore, he shall ensure that the packing of the skimmed-milk powder satisfies the requirements laid 2. Any demurrage costs at the port of unloading in down in Article 1 (2). respect of delays attributable to the recipient shall be chargeable to the latter. The rates and other details concerning such costs shall be laid down in the Article 9 contract between the successful tenderer and the carrier and must have been previously agreed upon The German Government shall : between the former and the delivery agent of the recip­ ient . 1 . ensure that the successful tenderer shall :

(a) notify the recipient, as soon as possible after the 3. Except in cases of force majeure every successful goods have been loaded on board ship, of tenderer shall accept all financial liability devolving details of the ship, the loading date, the quan­ upon the Community by reason of failure to deliver tity and quality of the goods as recorded on the skimmed-milk powder at the place and by the shipment and the port of unloading ; time appointed, provided always that UNRWA has made it possible for the skimmed-milk powder to be (b) at least 10 clear days in advance, inform the so delivered. Costs incurred by reason of failure to recipient of the expected date of arrival at the deliver the skimmed-milk powder as a result of force port of ship's unloading ;

7. 4. 76 Official Journal of the European Communities No L 92/ 13

(c) have included in the terms of the charter party — has furnished the certificate provided for in a provision stipulating that the ship's captain Article 10 (2). shall, at least 72 hours in advance, notify the recipient of the ship's probable date of arrival 2. The security shall be released immediately. in port ; 3 . In cases of force majeure the intervention agency 2. send to the Commission as soon as possible the selling the skimmed-milk powder shall decide on the information specified in paragraph 1 (a) and (b). measures to be taken having regard to the circum­ stances invoked . Article 10 Article 12 1 . The goods shall be regarded as delivered cif when they are deposited on the quayside in the port The intervention agency shall pay to the successful of unloading or on board lighters, if used. tenderer the amount stated in his tender upon produc­ tion of the certificate referred to in Article 10 (2). 2. On delivery in accordance with paragraph 1 UNRWA shall issue a certificate declaring that the Article 13 skimmed-milk powder has been delivered. No refund or compensatory amount (whether mone­ tary or accession) shall be applied in respect of the Article 11 skimmed-milk powder to which this Regulation 1 . Save in the case of force majeure, the tendering applies. security shall be released only if : Article 14 (a) the tender has not been accepted ; (b) the tenderer : This Regulation shall enter into force on the third day — has not withdrawn his tender before the deci­ following its publication in the Official Journal of sion awarding the tender, the European Communities.

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

Done at Brussels, 6 April 1976 For the Commission P.J. LARDINOIS Member of the Commission

No L 92/ 14 Official Journal of the European Communities 7 . 4. 76

ANNEX

CONDITIONS FOR PACKING

The packing containing a net weight of 25 kg and made up in one of the following ways : I. 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 ; one polyethylene inner bag at least 0-06 mm thick, welded or double bound. II. One Kraft paper bag of a strength representing at least 70 g/m 2 ; one Kraft paper bag with a polyethylene layer of a strength representing at least 80 g + 15 g/m2 ; three Kraft paper bags of a strength representing at least 70 g/m2 ; one polyethylene inner bag at least 0-06 mm thick, welded or double bound. III . One Kraft paper outer bag of a strength representing at least 85 g/m2 ; one Kraft paper bag with a polyethylene layer of a strength representing at least 70 g -I- 15 g/m2 ; two Kraft paper bags of a strength representing at least 70 g/m2 ; one polyethylene inner bag at least 0-12 mm thick, welded or double bound. IV. The packing shall be marked with the following markings in letters at least 1 cm high : 'Skimmed-milk powder—Gift from the European Economic Community to UNRWA for the benefit of Palestine refugees'.