31976R1884

31 . 7. 76 Official Journal of the European Communities No L 206/67

COMMISSION REGULATION (EEC) No 1884/76 of 28 July 1976 concerning the issue of an invitation to tender for the supply to the Republic of Uruguay for use as food aid- of vitaminized skimmed-milk powder to be purchased on the Community market

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 Regulations (EEC) No 1298/76 and (EEC) No of the market in milk and milk products (*), as last 1299/76 for the costs of supplying to the Republic of amended by Regulation (EEC) No 559/76 (2), and in Uruguay a lot of 20Q metric tons of vitaminized skim­ particular Article 7 (5) thereof, med-milk powder. Having regard to Council Regulation (EEC) No 2. The skimmed-milk powder shall meet the requir­ 1298/76 of 1 June 1976 laying down general rules for ements as to quality and packaging set out in the the supply of skimmed-milk powder, as food aid, to Annex to this Regulation . certain developing countries and certain international organizations under the 1976 programme (3), and in particular Article 6 thereof, 3. The successful tenderer shall deliver, as a supple­ ment, 5 % empty bags similar to those containing the Whereas Council Regulation (EEC) No 1299/76 of 1 goods. June 1976 on the supply of skimmed-milk powder as food aid to certain developing countries and interna­ tional organizations under the 1976 programme ^), Article 2 provides inter alia for 200 metric tons of skimmed­ milk powder to be made available to the Republic of 1 . Delivery shall be effected at the port of Antwerp. Uruguay ; whereas this country has requested a delivery of 200 metric tons of vitaminized skimmed­ 2. Delivery at the port of shipment shall take place milk powder ; on a date fixed by the intervention agency concerned, and which must be after 1 and before 15 September Whereas Article 2 (2) of Regulation (EEC) No 1298/76 1976 . provides that if there is not enough skimmed-milk powder available in public stocks with the characteris­ 3 . The time limit for the submission of tenders tics necessary for the particular destination where this expires on 10 August 1976. requires, in particular, the addition of vitamins, supplies shall be obtained by purchase on the Commu­ nity market ; Article 3 Whereas Article 5 of Regulation (EEC) No 1298/76 provides that for the purpose of the supply and ship­ The intervention agencies shall frame a notice of invi­ ment of skimmed-milk powder invitations to tender tation to tender which shall be published in the Offi­ are to be issued ; cial Journal of the European Communities not less than 10 days before the closing date for the submis­ sion of tenders . Whereas the procedure to be adopted for this tendering should in the main be the procedure used hitherto in similar cases ; Article 4 Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ 1 . 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 (') OJ No L 148 , 28 . 6. 1968 , p. 13 . registered letter addressed to an intervention agency. (2) OJ No L 67, 15. 3 . 1976, p. 9 . Intervention agencies may also authorize the use of (3) OJ No L 146, 4. 6. 1976, p. 5 . telex . b) OJ No L 146, 4. 6. 1976, p. 3 .

No L 206/ 68 31 . 7. 76 Official Journal of the European Communities

2. The tender shall indicate inter alia : 4. Rights and obligations arising in connection with the invitation to tender shall not be transferable . (a) the name and address of the tenderer ; (b) the price, exclusive of taxes, expressed in the 5. The intervention agencies shall immediately currency of the Member State in which the tender communicate to the Commission the tenderer's name is presented, at which the tenderer undertakes to and address . supply to the port of shipment referred to in Article 2 ( 1 ), in accordance with the specifications Article 8 laid down in the Annexes, the entire quantity of the lot put out to tender. 1 . The successful tenderer shall, on the date fixed Such price shall be inclusive of transport insur­ by the recipient country, deliver at the port referred to ance costs to the stage for delivery. in Article 2 ( 1 ) the quantity of skimmed-milk powder meeting the requirements as regards quality and pack­ 3. A tender shall be valid only if : aging laid down in the Annex to this Regulation . Any schedule for instalment deliveries shall be fixed by the (a) it relates to the entire lot put out to tender ; recipient country's agent in agreement with the (b) proof is given before expiry of the period set for successful tenderer. the submission of tenders that the security referred to in Article 5 has been provided . 2. The goods shall be regarded as delivered when they are deposited at the place of exportation at the 4. No tender may be withdrawn . point designated by the recipient country or its agent.

Article 5 Article 9 1 . The tendering security shall be 20 units of account per metric ton of skimmed-milk powder. Upon delivery of the goods at the port of embarka­ tion, the recipient country's agent shall hand to the 2. It shall take the form , at the discretion of the successful tenderer acting as agent for the Community Member State concerned, either of a cheque made out a letter of acceptance. in favour of the intervention agency, or of a bank guarantee which satisfies the criteria fixed by the Member State . Article 10

1 . The competent agency of the Member State in Article 6 which the contract is awarded shall check that the skimmed-milk powder in question satisfies the requir­ In the light of the tenders received and in accordance ements as to quality and packaging laid down in the with the procedure laid down in Article 30 of Regula­ Annex . tion (EEC) No 804/68 a maximum amount, expressed in units of account, shall be fixed or alternatively a 2. If the goods are found to satisfy those require­ decision shall be taken to make no award . ments the agency shall, before completion of the customs formalities referred to in Article 11 ( 1 ), Article 7 provide the successful tenderer with a certificate to that effect. 1 . A tender shall be refused if the price proposed, converted into units of account, is more than the 3 . On delivery the recipient country shall issue a maximum price fixed for the lot in question . certificate stating that delivery of that quantity of skim­ med-milk as well , as the empty bags referred to in 2. Subject as provided in paragraph 1 , the Article 1 (3) have been taken at the stage specified in successful tenderer shall be the one whose offer, Article 2 ( 1 ). converted into units of account, is the lowest. Where two or more valid offers specifying identical amounts, Article 11 as converted into units of account, are received by a given intervention agency, the award shall be made by drawing lots. Where such offers are made to different 1 . Customs export formalities shall be carried out in the Member State in which the award of contract is intervention agencies, the award shall be made by the made . intervention agency selected in accordance with the procedure referred to in Article 6. 2. If the port of loading specified in the tender is situated in a Member State other than that in which 3 . The intervention agency shall immediately inform each tenderer whether he has been awarded the customs export formalities are carried out, the the contract . goods shall, on completion of such formalities, be

31 . 7 . 76 Official Journal of the European Communities No L 206/69

placed under customs control with the object of — has furnished the certificates provided for in ensuring that they are loaded at the port specified in Article 10 (2) and (3). the tender. 2. Release of the security shall take place immedi­ Proof of loading can be furnished only by production ately. of the control copy referred to in Article 1 of Commis­ sion Regulation (EEC) No 2315/69 of 19 November 3 . In cases of force majeure, the intervention 1969 on the use of Community transit documents for agency shall decide on the measures to be taken the purpose of applying Community measures for veri­ having regard to the circumstances invoked. fying the use and/or destination of goods {l), as amended , by Regulation (EEC) No 690/73 (2). Article 13 Sections 101 , 103 and 104 of the control copy shall be completed. The amount referred to in Article 4 (2) (b) shall be Section 104 shall be completed by deleting as neces­ paid only on production of the certificate provided for sary and entering against the second indent one of the in Article 10 (2) and (3). , following endorsements : — ' Delivery of skimmed-milk powder as food aid Article 14 (Regulation (EEC) No 1884/76) to be shipped from the port of . . ., Except in cases of force majeure, the successful — 'Livraison de lait écrémé en poudre à titre d aide tenderer shall accept all financial liability developing alimentaire (règlement (CEE) n0 1884/76) destinée upon the Community by reason of failure to load the a être embarquée au port de . . .' ; skimmed-milk powder at the place and in due time, — 'Lieferung von Magermilchpulver als Nahrungsmit­ the recipient country having enabled the delivery at telhilfe (Verordnung (EWG) Nr. 1884/76) zur Vers­ the place and by the time appointed. chiffung im Hafen von . . . bestimmt' ; — 'Fornitura di latte scremato in polvere a titolo di Costs incurrred by reason of failure to deliver the aiuto alimentare (regolamento (CEE) n. 1884/76) skimmed-milk powder as a result of force majeure destinata ad essere imbarcata nel porto di ..." ; shall be borne by the competent agency of the Member State concerned . — 'Levering van magere-melkpoeder als voedselhulp Verordening (EEG) nr. 1884/76) bestemd om te worden verscheept in de haven . . .' ; Article 15 — 'Levering af skummetmælkspulver som fødeva­ rehjælp (forodning (EØF) nr. 1884/76) bestemt til No refund or compensatory amount (whether mone­ lastning i havnen i . . .'. tary or accession) shall be applicable in respect of Article 12 skimmed-milk powder supplied under this Regula­ tion . . . s 1 . Except in cases of force majeure, the tendering security shall be released only if : Article 16 (a) the tender has not been accepted ; (b) the tenderer : This Regulation shall enter into force on the day — has not withdrawn his tender before the following its publication in the Official Journal of contract is awarded, the European Communities.

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

Done at Brussels, 28 July 1976. For the Commission . - .

P.J. LARDINOIS Member of the Commission

(') OJ No L 295, 24. 11 . 1969, p. 14. (2) OJ No L 66, 13 . 3 . 1973, p. 23 .

No L 206/70 Official Journal of the European Communities 31 . 7 . 76

ANNEX

I. Skimmed-milk powder requirements 1.5 %maximum (a) fat content : (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 ( 150 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 100 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/ m 2 or one Kraft paper bag with polyethylene layer, of a strength representing at least 70 g 4- 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 : ' Lait écrémé en poudre enrichi en vitamines A et D — Don de la Communauté économique européenne à la république d'Uruguay — À distribuer gratuitement.'