31976R1447

No L 161 / 14 Official Journal of the European Communities 23 . 6 . 76

COMMISSION REGULATION ( EEC) No 1447 / 76 of 22 June 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 Whereas the tendering procedure should for the main COMMUNITIES , point be retained as the procedure determined at the present time for similar cases ; Having regard to the Treaty establishing the European Economic Community, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products , Having regard to Council Regulation ( EEC) No 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 5.59 / 76 (2 ), and in HAS ADOPTED THIS REGULATION : particular Articles 7 ( 5) and 28 thereof,

Whereas Council Regulation ( EEC) No 1348 /75 of 26 Article 1 May 1975 on the supply of skimmed-milk powder as food aid to certain developing countries and interna­ 1 . Tenders shall be invited in accordance with the tional organizations under the 1975 programme (3 ), provisions of Regulations ( EEC) No 1347/75 , ( EEC) makes provisions, inter alia, for 2 000 metric tons of No 1348 / 75 , ( EEC) No 1298 / 76 and ( EEC) No skimmed-milk powder to be made available to the 1299 /76, for the costs of delivery CIF Ashdod United Nations Relief and Works Agency, hereinafter pursuant to Article 5 to UNRWA of a lot of 800 called ' UNRWA' ; metric tons of skimmed-milk powder bought in under Article 7 ( 1 ) of Regulation ( EEC) No 804/ 68 , and held Whereas Council Regulation ( EEC) No 1299 / 76 of 1 by the Belgian intervention agency . June 1976 on the supply of skimmed-milk powder as food aid to certain developing countries and interna­ 2 . At the time it is withdrawn from stock, the skim­ tional organizations under the 1976 programme ^), med-milk powder shall , as to quality, satisfy the makes provisions, inter alia, for 700 metric tons of requirements laid down in Annex 1 to Commission skimmed-milk powder to be made available to Regulation ( EEC) No 1108 / 68 of 27 July 1968 on UNRWA ; detailed rules of application for the public storage of skimmed-milk powder ( 7), as last amended by Regula­ Whereas, UNRWA has requested the delivery of a lot tion ( EEC) No 1457/ 75 ( 8 ). of 800 metric tons of skimmed-milk powder, of which 100 metric tons can still be delivered pursuant to The conditions for packing are laid down in the Regulation (EEC) No 1348 /75, while the remaining Annex to this Regulation . quantity of 700 metric tons must be supplied in respect of Regulation ( EEC) No 1299 / 76 ; 3 . The intervention agency shall supply a further 2 % empty bags identical to those containing the Whereas under Article 5 of Council Regulation ( EEC) goods . The successful tenderer undertakes to have No 1347/ 75 of 26 May 1975 laying down general these bags mentioned on the bill of lading. rules for the supply of skimmed-milk powder as food aid to certain developing countries and international 4. Loading shall take place as soon as possible and organizations under the 1975 programme ( 5 ), and not later than 10 August 1976 . under Article 5 of Council Regulation ( EEC) No 1298 /76 of 1 June 1976 laying down general rules for the supply of skimmed-milk powder as food aid to Article 2 certain developing countries and international organi­ zations , under the 1976 programme ( 6), such supplies 1 . The Belgian intervention agency shall draw up are as a rule to be put out to tender ; the notice of invitation to tender, which shall be published in the Official Journal of the European (') OJ No L 148 , 28 . 6 . 1968 , p . 13 . Communities not less than 10 days before the closing (2 ) OJ No L 67 , 15 . 3 . 1976, p . 9 . date for the submission of tenders . (J ) OJ No L 138 , 29 . 5 . 1975 , p . 3 . (4 ) OJ No L 146, 4. 6 . 1976 , p . 5 . ( 5 ) OJ No L 138 , 29 . 5 . 1975, p . 1 . ( 7) OJ No L 184, 29 . 7 . 1968 , p . 34. (b) OJ No L 146 , 4 . 6 . 1976, p . 3 . ( 8 ) OJ No L 145 , 6 . 6 . 1975 , p . 17 .

23 . 6 . 76 Official Journal of the European Communities No L 161 / 15

2. The closing date for the submission of tenders concerning such costs shall be laid down in the shall be 6 July 1976 at 12 noon . contract between the successful tenderer and the carrier and must have been previously agreed upon 3 . The intervention agency shall indicate in its between the former and the delivery agent of the recip­ notice the warehouses where the skimmed-milk ient . powder is held . 3 . Except in cases of force majeure every successful tenderer shall accept all financial liability devolving Article 3 upon the Community by reason of failure to deliver the skimmed-milk powder at the place and by the 1 . Tenders, which shall be in writing, shall be time appointed, provided always that UNRWA has submitted either by delivery by hand to the interven­ made it possible for the skimmed-milk powder to be tion agency against acknowledgment of receipt or by so delivered . Costs incurred by reason of failure to registered letter addressed to the intervention agency. deliver the skimmed-milk powder as a result of force majeure shall be borne by the Belgian intervention 2. Each tender shall indicate only one lot. agency . 3 . The tender shall indicate :

(a) the name and address of the tenderer ; Article 6 (b) the amount, expressed in Belgian francs , for which the tenderer undertakes to deliver the skimmed­ In the light of the tenders received and in accordance milk 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 : (a) it relates to the whole of the lot to which the invita­ 1 . A tender shall be refused if the amount tion to tender relates ; proposed, converted into units of account, is more 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 given the security fixed in Article 4. 2. Without prejudice to the provisions of paragraph 1 , the successful tenderer shall for each lot be the one 5. The tender may not be withdrawn . making the lowest offer. Where two or more valid offers specify amounts which when converted into units of account are identical , the award shall be made Article 4 by drawing lots .

1 . The security required for the invitation to tender 3 . Each tenderer shall be immediately notified by shall be two units of account per metric ton of skim­ the intervention agency of the result of his participa­ med-milk powder. tion in the invitation to tender. The intervention agency concerned shall immediately inform the 2 . It shall take the form , at the option of the Commission of the name and address of the Member State concerned , either of a cheque made out successful tenderers . in favour of the intervention agency, or of a bank guarantee which satisfies the criteria laid down by the 4. Rights and obligations arising in connection Member State . with the invitation to tender shall not be transferable .

Article 5 Article 8 1 . Delivery costs shall be the costs incurred up to the time when the goods are deposited on the quay­ When the successful tenderer takes delivery of the side or on board lighters, if used , all costs subsequent skimmed-milk powder, he shall ensure that the quan­ to delivery, including costs of taking delivery, to be tity handed over corresponds to the quantity to be de­ livered . borne by the recipient.

2. Any demurrage costs at the port of unloading in Furthermore, he shall ensure that the packing of the respect of delays attributable to the recipient shall be skimmed-milk powder satisfies the requirements laid chargeable to the latter. The rates and other details down in Article 1 (2).

No L 161 / 16 Official Journal of the European Communities 23 . 6 . 76

Article 9 (a) the tender has not been accepted ; The Belgian Government shall : (b) the tenderer : — has not withdrawn his tender before the deci­ 1 . ensure that the successful tenderer shall : sion awarding the tender, (a) notify the recipient, as soon as possible after the — has furnished the certificate provided for in goods have been loaded on board ship, of Article 10 (2). details of the ship, the loading date, the quan­ tity and quality of the goods as recorded on 2. The security shall be released immediately. shipment and the port of unloading ; (b) at least 10 clear days in advance, inform the 3 . In cases of force majeure the intervention agency recipient of the expected date of arrival at the selling the skimmed-milk powder shall decide on the port of ship's unloading ; measures to be taken having regard to the circum­ stances invoked . (c) have included in the terms of the charter party a provision stipulating that the ship's captain shall, at least 72 hours in advance, notify the Article 12 recipient of the ship's probable date of arrival in port ; The intervention agency shall pay to the successful 2. send to the Commission as soon as possible the tenderer the amount stated in his tender upon produc­ information specified in paragraph 1 (a) and (b). tion of the certificate referred to in Article 10 (2).

Article 10 Article 13 1 . The goods shall be regarded as delivered cif when they are deposited on the quayside in the port No refund or compensatory amount (whether mone­ tary or accession) shall be applied in respect of the of unloading or on board lighters, if used . skimmed-milk powder to which this Regulation 2. On delivery in accordance with paragraph 1 applies . UNRWA shall issue a certificate declaring that the skimmed-milk powder has been delivered . Article 14 Article 11 This Regulation shall enter into force on the third day 1 . Save in the case 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 , 22 June 1976 . For the Commission P.J. LARDINOIS Member of the Commission

23 . 6 . 76 Official Journal of the European Communities No L 161 / 17

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/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 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 -I- 15 g/m 2 ; three Kraft paper bags of a strength representing at least 70 g/m 2 ; 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/m 2 ; one Kraft paper bag with a polyethylene layer of a strength representing at least 70 g 4- 15 g/m 2 ; two Kraft paper bags of a strength representing at least 70 g/ m 2 ; one polyethylene inner bag at least 012 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 .'