31976R1979

No L 217 / 10 10 . 8 . 76 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1979/76 of 6 August 1976 concerning the issue of an invitation to tender for the supply, as food aid, of vitaminized skimmed-milk powder to be purchased on the Community market and addressed to the International Committee of the Red Cross for the benefit of Bolivia

THE COMMISSION OF THE EUROPEAN 1827/74 for the cost of supplying to ICRC a lot of COMMUNITIES , 240 metric tons of skimmed-milk powder for the benefit of Bolivia . Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation ( EEC) No Delivery shall be carried out 'to the place of destina­ 804/68 of 27 June 1968 on the common organization tion , La Paz ( Bolivia)' via Arica (Chile). of the market in milk and milk products ('), as last amended by Regulation ( EEC) No 559/76 (2), and in 2. The skimmed-milk powder shall meet the particular Articles 7 ( 5) and 28 thereof, requirements as to quality and packaging set out in Having regard to Council Regulation ( EEC) No the Annex to this Regulation . 1826/74 of 11 July 1974 laying down the general rules for the supply of skimmed-milk powder as food 3 . Loading shall take place as soon as possible and aid to certain developing countries and international at all events by 25 September 1976. organizations (3), and in particular Article 6 thereof, Whereas Council Regulation ( EEC) No 1827/ 74 of 11 July 1974 on the supply of skimmed-milk powder as Article 2 food aid to certain developing countries and interna­ tional organizations (4), provides inter alia for the supply of 3 000 metric tons of skimmed-milk powder 1 . The intervention agencies shall frame a notice of to the International Committee of the Red Cross invitation to tender which shall be published in the ( ICRC) ; whereas ICRC has requested the supply of Official Journal of the European Communities not 240 metric tons of vitaminized skimmed-milk powder less than 10 days before the closing date for the submission of tenders . for Bolivia ; Whereas Article 2 (2) of Regulation ( EEC) No 1826/74 provides that if there is not enough skimmed-milk 2. The closing date for the submission of tenders powder available in public stocks with the characteris­ shall be 24 August 1976 at 12 noon . tics necessary for the particular destination where this requires, in particular, the addition of " vitamins, supplies shall be obtained by purchase on the Commu­ Article 3 nity market ; Whereas Article 5 of Regulation (EEC) No 1826/74 1 . Tenders, which shall be in writing, shall be provides that for the purposes of the supply and ship­ submitted either by delivery by hand to an interven­ ment of skimmed-milk powder invitations to tender tion agency against acknowledgement of receipt or by are to be issued ; registered letter addressed to an intervention agency. Whereas the procedure to be adopted for this Intervention agencies may also authorize the use of tendering should in the main be the procedure used telex . hitherto in similar cases ; Whereas the measures provided for in this Regulation 2 . The tender shall indicate inter alia : are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products, (a) the name and address of the tenderer ; HAS ADOPTED THIS REGULATION : (b) the port or ports of loading, chosen from among Community ports ; Article 1 (c) the price, exclusive of taxes, expressed in the 1 . Tenders shall be invited in accordance with currency of the Member State in which the tender Regulations ( EEC) No 1826/ 74 and ( EEC) No is presented, at which the tenderer undertakes to supply, in accordance with the specifications laid (!) OJ No L 148 , 28 . 6 . 1968 , p. 13 . down in the Annex, the entire quantity of skim­ (2) OJ No L 67, 15 . 3 . 1976 , p. 9 . (3) OJ No L 190, 13 . 7 . 1974, p . 20 . med-milk powder to which the invitation to 4 OJ No L 190, 13 . 7 . 1974, p . 22. tender relates .

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Such price shall be inclusive of transport insurance tity of skimmed-milk powder as specified in the costs to the stage of delivery stipulated in Article 1 ( 1 ). contract awarded .

3 . A tender shall be valid only if : The successful tenderer shall also supply a further (a) it relates to the entire quantity put out to tender ; 5 % of empty bags identical to those containing the goods. He shall undertake to have these bags (b) proof is given before expiry of the period set for mentioned in the bill of lading. the submission of tenders that the security referred to in Article 4 has been provided . 2. Delivery 'delivered to the place of destination' 4. No tender may be withdrawn . shall be completed once the goods actually reach the place of destination . Article 4 3 . The recipient body shall bear all costs subsequent to delivery including acceptance costs and 1 . The tendering security shall be 20 units of account per metric ton of skimmed-milk powder. costs of unloading.

2 . It shall take the form , at the discretion of the Member State concerned , either of a cheque made out Article 8 in favour of the intervention agency, or of a bank guarantee which satisfies the criteria fixed by the Any costs resulting from delays in taking delivery of Member State . the goods which are attributable to the recipient body shall be borne by that body. 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 price, expressed in 1 . The intervention agency concerned shall as soon units of account, shall be fixed or alternatively a deci­ as possible notify the recipient body of the name of sion shall be taken to make no award . the vessel, the date of loading, the quantity and the quality of the goods as recorded at time at loading, the port of unloading, the daily rate of unloading at the Article 6 port, the place of delivery and the method or methods 1 . A tender shall be refused if the price proposed , of transportation used for bringing the goods to the converted into units of account, is more than the place of destination . maximum price fixed for the purposes of the invita­ tion to tender. 2 . . The successful tenderer shall inform without delay the recipient body of the date on which the 2. Subject as provided in paragraph 1 , the goods will arrive at the port of unloading and shall in successful tenderer shall be the one whose offer, any case notify the body 10 clear days in advance of converted into units of account, is the lowest . Where the estimated date of arrival at the place of destina­ two or more valid offers specifying identical amounts , tion . 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 Article 10 intervention agencies the award shall be made by the intervention agency selected in accordance with the 1 . The competent agency of the Member State in procedure referred to in Article 5 . which the contract is awarded shall check that the skimmed-milk powder in question satisfies the 3 . The intervention agency shall immediately requirements as to quality and packaging laid down in inform each tenderer whether he has been awarded the Annex . the contract . 4 . Rights and obligations arising in connection 2. If the goods are found to satisfy those require­ with the invitation to tender shall not be transferable . ments, the agency shall , before completion of the customs formalities referred to in Article 11 ( 1 ), 5 . The intervention agencies shall immediately provide the successful tenderer with a certificate to inform the Commission of the name and address of that effect . the successful tenderer . 3 . On delivery of the quantity to the recipient Article 7 country in question , the recipient shall issue a certifi­ cate stating that delivery of that quantity of skimmed­ 1 . The successful tenderer, acting in accordance milk powder has been taken at the stage specified in with the provisions of Article 1 , shall deliver a quan­ Article 1 ( 1 )

No L 217 / 12 10 . 8 . 76 Official Journal of the European Communities

Article 11 (a) the tender has not been accepted ; (b) the tenderer : 1 . Customs export formalities shall be carried out in the Member State in which the award of contract is — has not withdrawn his tender before the­ made . contract is awarded , — has furnished the certificates provided for in 2. If the port of loading specified in the tender is situated in a Member State other than that in which Article 10 (2) and (3). the customs export formalities are carried out, the 2. Release of the security shall take place immedi­ goods shall , on completion of such formalities, be ately. placed under customs control with the object of ensuring that they are loaded at the port specified in Article 13 the tender. In cases of force majeure, the intervention agency Proof of loading can be furnished only by production shall decide on the measures to be taken having of the control copy referred to in Article 1 of Regula­ regard to the circumstances invoked . tion ( EEC) No 2315/ 69 . Article 14 Sections 101 , 103 and 104 of the control copy shall be completed . Section 104 shall be completed by dele­ The amount referred to in Article 3 (2) (c) shall be ting as necessary and entering against the second paid only on production of the certificates provided indent one of the following endorsements : for in Article 10 (2) and (3). — ' Delivery of skimmed-milk powder as food aid Article 15 (Regulation ( EEC) No 1979/76) 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 devolving alimentaire (règlement (CEE) n0 1979/76) destinée upon the Community by reason of failure to load the à être embarquée au port de ' ; skimmed-milk powder by the date specified in Article — Lieferung von Magermilchpulver als Nahrungsmit­ 1 (3 ). telhilfe (Verordnung (EWG) Nr. 1979/76) zur Vers­ Costs incurred by reason of failure to deliver the skim­ chiffung im Hafen von bestimmt' ; med-milk powder as a result of force majeure shall be — Fornitura di latte scremato in polvere a titolo di borne by the competent agency of the Member State aiuto alimentare (regolamento (CEE) n . 1979 /76) in which the award of contract is made . destinata ad essere imbarcata nel porto di ' ; — Levering van magere-n^elkpoeder als voedselhulp Article 16 . (Verordening (EEG ) nr. 1979/76) bestemd om te worden verscheept in de haven van ' ; No refund or compensatory amount (whether mone­ tary or accession ) shall be applicable in respect of — Levering af skummetmælkspulver som fødeva­ skimmed-milk powder supplied under this Regula­ rehjælp (forordning ( EØF) nr. 1979/76) bestemt til tion . lastning i havnen i ' Article 17 Article 12 This Regulation shall enter into force on the day 1 . Except in cases 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 , 6 August 1976 . For the Commission

P.J. LARDINOIS Member of the Commission

10 . 8 . 76 No L 217 / 13 Official Journal of the European Communities

ANNEX

I. Skimmed-milk powder requirements

1 -5 % maximum (a) fat content : 4 0 % maximum (b) water content : (c) total acidity in lactic acid : 0-15% ( 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 01 g (1) taste and smell : clean ( m ) appearance : white or slightly yellowish colour, free from impu­ rities or coloured particles (n ) vitamin enrichment : vitamin A : level of enrichment : 5 000 i.u . per 100 g.

II . Packing (a) New bags of a net weight content of 2.5 kg . (A supplement of .5 % of 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 + 1.5 g/ m 2 ; — one polyethylene inner bag at least 0-08 mm thick double bound . (c) Marking to appear on the packaging : The packaging shall bear a red cross 10 x 10 cm and shall have in letters at least 1 cm high , the following inscription : ' Leche desnatada en polvo con vitaminas A (.5 000 u.i./ 100 g) — Donaciòn de las Comuni­ dades Europeas — Acciòn del Comite Internacional de la Cruz Roja — Por distribuciòn gratuita .'