31976R1886

No L 206/74 31 . 7 . 76 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1886/76 of 30 July 1976 concerning the issue of an invitation to tender for the supply to the Interna­ tional Committee of the Red Cross for the benefit of Vietnam for use as food aid of vitaminized skimmed-milk powder to be purchased on the Community market

THE COMMISSION OF THE EUROPEAN ment of skimmed-milk powder invitations to tender COMMUNITIES, are to be issued ; Having regard to the Treaty establishing the European Whereas the procedure to be adopted for this Economic Community, tendering should in the main be the procedure used hitherto in similar cases ; 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 Whereas the measures provided for in this Regulation amended by Regulation (EEC) No 559/76 (2), and in are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products, particular Article 7 (5) thereof,

Having regard to Council Regulation (EEC) No 1347/75 of 26 May 1975 laying down the general HAS ADOPTED THIS REGULATION : rules for the supply of skimmed-milk powder under the 1975 food-aid programme to certain developing countries and certain international organizations (3), Article 1 and in particular Article 6 thereof,

Whereas Council Regulation (EEC) No 1348/75 of 26 1 . Tenders shall be invited in accordance with May 1975 on the supply of skimmed-milk powder as Regulations (EEC) No 1347/75, (EEC) No 1348/75 food aid to certain developing countries and interna­ and (EEC) No 1528/76 for the costs of delivering to tional organizations under the 1975 programme ^), ICRC 500 metric tons of vitaminized skimmed-milk provides for a reserve stock of 3 800 metric tons of powder divided up into two lots : skimmed-milk powder ; whereas, according to Council Regulation (EEC) No 1528/76 of 21 June — Lot A : 250 metric tons, 1976 on the supply, as a matter of urgency, of — Lot B : 250 metric tons . skimmed-milk powder to the International Committee of the Red Cross, to the United Nations 2. Delivery shall be completed at the port of Commissioner for the benefit of refugees, and to the unloading : Ho-Chi-Minh-Ville. United Nations Funds for Children , for the benefit of the people of Vietnam, as food aid, pursuant to Regula­ The shipping shall take place : tion (EEC) No 1 348/75 (5), 500 metric tons from this reserve shall be allocated to the International — as regard Lot A : 10 September 1976, at the latest. Committee of the Red Cross (ICRC) for the benefit of — as regard Lot B : after 1 and before 1 5 November the people of Vietnam ; whereas this organization has 1976 . requested the delivery of the abovementioned quantity of vitaminized skimmed-milk powder for this destina­ 3. The skimmed-milk powder shall meet the tion ; requirements as to quality and packaging set out in Whereas Article 2 (2) of Council Regulation (EEC) No the Annex to this Regulation. 1347/75 provides that, if there is not enough skimmed-milk powder available in public stocks with 4. The successful tenderer shall supply a further the characteristics necessary for the particular destina­ 5 % of empty bags identical to those containing the tion where this requires, in particular, the addition of goods. He undertakes to have these bags mentioned vitamins, supplies shall be obtained by purchase of on the bill of lading. skimmed-milk powder on the Community market ;

Whereas Article 5 of Regulation (EEC) No 1347/75 Article 2 provides that for the purposes of the supply and ship­ 1 . The intervention agencies shall frame a notice of (') OJ No L 148 , 28 . 6. 1968 , p. 13 . invitation to tender which shall be published in the (2) OJ No L 67, 15. 3 . 1976, p. 9 . Official Journal of the European Communities not (3) OJ No L 138 , 29. 5. 1975, p. 1 . (4) OJ No L 138 , 29 . 5. 1975, p. 3 . less than 10 days before the closing date for the (5) OJ No L 170, 29. 6. 1976, p. 2. submission of tenders.

31 . 7 . 76 Official Journal of the European Communities No L 206/75

2. The closing date for the submission of tenders Article 6 shall be 10 August 1976 at 12 noon . 1 . A tender shall be refused if the price proposed, converted into units of account, is more than the Article 3 maximum price fixed for the lot in question .

1 . Tenders, which shall be in writing, shall be 2. Subject as provided in paragraph 1 , the submitted either by delivery by hand to an interven­ successful tenderer shall be the . one whose offer, tion agency against acknowledgement of receipt or by converted into units of account, is the lowest. Where registered letter addressed to an intervention agency. two or more valid offers specifying identical amounts, as converted into units of account, are received by a Intervention agencies may also authorize the use of given intervention agency, the award shall be made by telex . drawing lots. Where such offers are made to different intervention agencies, the award shall be made by the 2. Each tender shall bear only one lot. intervention agency selected in accordance with the procedure referred to in Article 5. 3 . The tender shall indicate inter alia : 3. The intervention agency shall immediately (a) the name and address of the tenderer ; inform each tenderer whether he has been awarded (b) the port or ports of loading, chosen from among the contract . Community ports ; 4. Rights and obligations arising in connection (c) the price, exclusive of taxes, expressed in the with the invitation to tender shall not be transferable. currency of the Member State in which the tender is presented, at which the tenderer undertakes to 5. The intervention agencies shall immediately supply, in accordance with the specifications laid inform the Commission of the successful tenderer's down in the Annex, the entire quantity of a lot name and address . put out to tender.

Such price shall be inclusive of transport insur­ Article 7 ance costs to the stage referred to in Article 1 (2) for delivery. 1 . The successful tenderer shall deliver a quantity 4. A tender shall be valid only if : of skimmed-milk powder satisfying the requirements as to quality and packaging laid down in the Annex. (a) it relates to the entire quantity of a lot put out to tender ; 2. Delivery 'port of unloading' shall be cpmpleted when the goods are actually deposited on the quayside (b) proof is given before expiry of the period set for or on board a lighter at the port of unloading. the submission of tenders that the security referred to in Article 4 has been provided. 3. The recipient organization shall bear all expendi­ 5. No tender may be withdrawn. ture incurred after delivery, including acceptance costs .

Article 4 Article 8 1 . The tendering security shall be 20 units of account per metric ton of skimmed-milk powder. Any demurrage costs at the port of unloading attribu­ table to the recipient shall be borne by it. The rates 2. It shall take the form , at the discretion of the and other details concerning such costs shall be laid down in the contract between- the successful tenderer Member State concerned, either of a cheque made out in favour of the intervention agency, or of a bank and the carrier and must - have been previously agreed guarantee which satisfies the criteria fixed by the upon by the successful tenderer acting as Community Member State . agent and the recipient's delivery agent

Article5¶

In the light of the tenders received and in accordance 1 . The intervention agency concerned shall as soon with the procedure laid down in Article 30 of Regula­ as possible notify the recipient body of the name of tion (EEC) No 804/68 a maximum price, expressed in the vessel, the date of loading, the quantity, and the units of account, shall be fixed or alternatively a deci­ quality of the goods as recorded at time of loading sion shall be taken to make no award . and the port of unloading.

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

2. The successful tenderer shall inform the recip­ — Delivery of skimmed-milk powder as food aid ient at least 10 clear days in advance of the expected (Regulation (EEC) No 1886/76) to be shipped date of arrival of the ship in the port of unloading. from the port of . . ; The successful tenderer shall have included in the — 'Livraison de lait écrémé en poudre à titre d aide terms of the charter-party a provision stipulating that alimentaire (règlement (CEE) n0 1886/76) destinée the ship's captain shall inform the recipient at least 72 à être embarquée au port de . . .' ; hours in advance of the ship's probable date of arrival in port. — Lieferung von Magermilchpulver als Nahrungsmit­ telhilfe (Verordnung (EWG) Nr. 1886/76) zur Vers­ chiffung im Hafen von . . . bestimmt' ; Article 10 — Fornitura di latte scremato in polvere a itolo di aiuto alimentare (regolamento (CEE) n . 1886/76) 1 . The competent agency of the Member State in destinata ad essere imbarcata del porto di . . ; which the contract is awarded shall check that the — Levering van magere-melkpoeder als voedselhulp skimmed-milk powder in question satisfies require­ (Verordening (EEG) nr. 1886/76) bestemd om te ments as to quality and- packaging laid down in the Annex . worden verscheept in de haven van . . .' ; — Levering af skummetmælkspulver som fødeva­ 2. If the goods are found to satisfy those require-, rehjælp (forordning (EØF) nr. 1886/76) bestemt til ments, the agency shall, before completion of the lastning i havnen i . . .'. customs formalities referred to in Article 11 ( 1 ), provide the successful tenderer with a certificate to that effect . Article 12

3. On delivery the recipient organization shall issue 1 . Except in cases of force majeure, the tendering a certificate proving taking delivery of the goods, security shall be released only if : stating that delivery of that quantity of skimmed-milk powder has been taken at the stage specified in Article (a) the tender has not been accepted ; 1 (2). (b) the tenderer : . — has not withdrawn his tender before the Article 11 contract is awarded, — has furnished the certificates provided for in 1 . Customs export formalities shall be carried out Article 10 (2) and (3). in the Member State in which the award of contract is . made . 2. Release of the security shall take place immedi­ ately. 2. If the port of loading specified in the tender is situated in a Member State other than that in which 3 . In cases of force majeure, the intervention the customs export formalities are carried out, the agency shall decide on the measures to be taken goods shall, on completion of such formalities, be having regard to the circumstances invoked. placed under customs control with the object of ensuring that they are loaded at the port specified in the tender. Article 13 Proof of loading can be furnished only by production The amount referred to in Article 3 (3) (c) shall be of the control copy referred to in Article 1 of Commis­ paid only on production of the certificates provided sion Regulation (EEC) No 2315/69 of 19 November for in Article 10 (2) and (3). 1969 on the 1886/76) of Community transit docu­ ments for the purpose of applying Community measures for verifying the use and/or destination of Article 14 goods ('), as amended by Regulation (EEC) No 690/73 (2). Except in cases of force majeure, the successful tenderer shall accept all financial liability devolving Sections 101 , 103 and 104 of the control copy shall be upon the Community by reason of failure to load the completed. skimmed-milk powder by the date specified in Article 1 (2). Section 104 shall be completed by deleting as neces­ sary and entering against the second indent one of the Costs incurred by reason of failure to deliver the following endorsements : skimmed-milk powder as a result of force majeure (') OJ No L 295, 24 . 11 . 1969, p . 14. shall be borne by the competent agency of the (2 OJ No L 66, 13 . 3 . 1973 , p . 23 . Member State in which the award of contract is made .

31 . 7 . 76 No L 206/77 Official Journal of the European Communities

Article15¶

No refund or compensatory amount (whether mone­ tary or accession) shall be applicable in respect of This Regulation shall enter into force on the day skimmed-milk powder supplied under this Regula­ following its publication in the Official Journal of tion . the European Communities.

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

Done at Brussels, 30 July 1976.

For the Commission

P. J. LARDINOIS

Member of the Commission

No L 206/78 31 . 7 . 76 Official Journal of the European Communities

ANNEX

I. Skimmed-milk powder requirements (a) fat content : 1-5 /o maximum 4 0 % maximum (b) water content : (c) total acidity in lactic acid : 0-15% 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 ( 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 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 + 15 g/ m 2 ; — one polyethylene inner bag at least 0 08 mm thick double bound . (c) The packaging of the skimmed-milk powder shall bear a red cross, 10 x 10 cm , and , in letters at least 1 cm high , shall bear the following inscription : 'Lait écrémé en poudre avec des vitamines A (5 000 u.i./ 100 gr) et D (500 u.i./ 100 gr) — Don de la Communauté économique européenne — Action du Comité international de la Croix- Rouge — À distribuer gratuitement.'