31976R2001

13 . 8 . 76 No L 220/ 11 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 2001 /76 of 10 August 1976 on the invitation to tender for the supply to UNICEF, for the benefit of certain third countries for use as food aid, of vitaminized skimmed-milk powder to be purchased on the Community market

THE COMMISSION OF THE EUROPEAN powder for various third countries, of which a quantity COMMUNITIES, of 1 194 metric tons corresponding to the abovemen­ tioned reserve is allocated to Vietnam ; Having regard to the Treaty establishing the European Economic Community, Whereas Article 2 (2) of Regulation (EEC) No 1298/76 Having regard to Council Regulation (EEC) No and of Regulation (EEC) No 1347/75 provides that, if 804/68 of 27 June 1968 on the common organization there is not enough skimmed-milk powder available of the market in milk and milk products ('), as last in public stocks with the characteristics necessary for amended by Regulation ( EEC) No 559/76 (2), and in the particular destination where this requires, in parti­ particular Article 7 (5) thereof, cular, the addition of vitamins, supplies shall be obtained by purchase of skimmed-milk powder on the Having regard to Council Regulation (EEC) No Community market ; 1298/76 of 1 June 1976 laying down general rules for the supply of skimmed-milk powder under the 1976 Whereas Article 5 of Regulation (EEC) No 1298/76 food-aid programme to certain developing countries and of Regulation (EEC) No 1347/75 provides that for and certain international organizations (3), and in parti­ the purposes of the supply and shipment of skimmed­ cular Article 6 thereof, and Regulation (EEC) No milk powder, invitations to tender are to be issued ; 1347/75 of 26 May 1975 laying down general rules for the supply of skimmed-milk powder under the 1975 food-aid programme to certain developing countries Whereas the procedure to be adopted for this and international organizations (4), and in particular tendering should in the main be the procedure used Article 6 thereof, hitherto in similar cases ;

Whereas Council Regulation (EEC) No 1299/76 of 1 Whereas the measures provided for in this Regulation June 1976 on the supply of skimmed-milk powder as are in accordance with the opinion of the Manage­ food aid to certain developing countries and interna­ ment Committee for Milk and Milk Products, tional organizations under the 1976 programme ^), provides inter alia for the supply of 4 000 metric tons of skimmed-milk powder to be made available to UNICEF ;

Whereas, in accordance with Council Regulation HAS ADOPTED THIS REGULATION : (EEC) No 1528/76 of 21 June 1976 on the emergency supply of skimmed-milk powder to the International Committee of the Red Cross , to the United Nations Article 1 High Commissioner for Refugees and to the United Children 's Fund as food aid for the people of Vietnam under Regulation (EEC) No 1348/75 (6), 1 194 metric 1 . Tenders shall be invited in accordance with the tons out of the reserve provided for by Council Regula­ provisions of Regulations (EEC) No 1298/76, (EEC) tion (EEC) No 1348 /75 of 26 May 1975 on the supply No 1299/76, (EEC) No 1528/76, (EEC) No 1347/75 of skimmed-milk powder to certain developing coun­ and (EEC) No 1348 /75 for the costs of delivering to tries and international organizations under the 1975 UNICEF 3 400 metric tons of vitaminized skimmed­ food-aid programme (7), shall be made available to milk powder divided up into the following lots and UNICEF for the benefit of the people of Vietnam ; destinations : Whereas UNICEF has requested the delivery of a total — lot A : 1 250 metric tons for the benefit of of 3 400 metric tons of vitaminized skimmed-milk Angola, to be delivered cif Luanda ; (») OJ No L 148 , 28 . 6 . 1968 , p. 13 . — lot B : 105 metric tons for the benefit of (2) OJ No L 67, 15 . 3 . 1976, p. 9 . Tanzania, to be delivered cif Dar-Es -­ (3) OJ No L 146, 4. 6 . 1976, p. 3 . Salaam ; (4) OJ No L 138 , 29 . 5 . 1975, p. 1 . (5 ) OJ No L 146, 4. 6. 1976, p. 5. — lot C : 419 metric tons for the benefit of Sudan , (*) OJ No L 170, 29 . 6 . 1976, p. 2. (7) OJ No L 138 , 29 . 5 . 1975 , p. 3 . to be delivered cif Port-Sudan ;

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— lot D : 216 metric tons for the benefit of the (c) the price, exclusive of taxes, expressed in the People's Democratic Republic of currency of the Member State in which the tender Yemen , to be delivered cif Aden ; is presented, at which the tenderer undertakes to — lot E : 216 metric tons for the benefit of supply, in accordance with the specifications laid Burma, to be delivered cif down in the Annex the entire quantity of a lot put out to tender. Rangoon ; — lot F : 1 194 metric tons for the benefit of Such price shall be inclusive of transport insur­ Vietnam , to be delivered cif ance costs to the stage referred to in Article 1 ( 1 ) Haiphong. for delivery.

2. The shipping shall take place not later than 10 4. A tender shall be valid only if : October 1976 . (a) it relates to the entire quantity of a lot put out to 3. The skimmed-milk powder shall meet the re­ tender ; quirements as to quality and packaging set out in the (b) proof is given before expiry of the period set for Annex to this Regulation . the submission of tenders that the security referred The packing of the skimmed-milk powder shall bear to in Article 4 has been provided. in letters at least one centimetre high, the following inscription : 5. No tender may be withdrawn. as regards lot A : Leite desnatado en po / Dom da Comunidade econ­ Article 4 òmica europeia / Acçâo do UNICEF' as regards lot B to E : 1 . The tendering security shall be 20 units of account per metric ton of skimmed-milk powder. 'Vitaminized skimmed-milk powder / Gift of the Euro­ pean Economic Community / Action of UNICEF' 2. It shall take the form , at the discretion of the as regards lot F : Member State concerned, either of a cheque made out in favour of the intervention agency, or of a bank 'Lait ecréme en poudre vitamine / Don de la Commu­ guarantee which satisfies the criteria fixed by the nauté économique européenne / Action de Member State . l'UNICEF'.

4. The successful tenderer shall supply a further Article 5 5 % of empty bags identical to those containing the goods. He shall undertake to have these bags mentioned on the bill of lading. In the light of the tenders received and in accordance with the procedure laid down in Article 30 of Regula­ Article 2 tion (EEC) No 804/68 a maximum price, expressed in unitsj of account, shall be fixed or alternatively a deci­ 1 . The intervention agencies shall draw up a notice sion shall be taken to make no award . of invitation to tender which shall be published in the Official Journal of the European Communities not less than 10 days before the closing date for the Article 6 submission of tenders .

2. The closing date for the submission of tenders 1 . A tender shall be refused if the price proposed, shall be 24 August 1976 at 12 noon . converted into units of account, is more than the maximum price fixed for the lot in question . Article 3 2. Subject as provided in paragraph 1 , the 1 . Tenders, which shall be in writing, shall be . successful tenderer shall be the one whose offer, submitted either by delivery by hand to an interven­ converted into units of account, is the lowest. Where tion agency against acknowledgment of receipt or by two or more valid offers specifying identical amounts, registered letter addressed to an intervention agency. 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 3 . The tender shall indicate inter alia : procedure referred to in Article 5.

(a) the name and address of the tenderer ; 3 . The intervention agency shall immediately inform each tenderer whether he has been awarded (b) the port or ports of loading, chosen from among the contract . Community ports ;

13 . 8 . 76 No L 220 / 13 Official Journal of the European Communities

4. Rights and obligations arising in connection customs formalities referred to in Article 11 ( 1 ), with the invitation to tender shall not be transferable . provide the successful tenderer with a certificate to that effect . 5. The intervention agencies shall immediately inform the Commission of the name and address of 3 . On delivery the recipient organization shall issue the successful tenderers . a certificate proving taking delivery of the goods, stating that the delivery of that quantity of skimmed milk has been taken at the stage specified in Article 1 Article 7 (0­

1 . The successful tenderer shall deliver a quantity of skimmed-milk powder satisfying the requirements Article 11 as to quality and packaging laid down in the Annex to this Regulation . 1 . Customs export formalities shall be carried out in the Member State in which the award of contract is 2. Delivery cif shall be completed when the goods made . are actually deposited on the quayside or on board a lighter at the port of unloading. 2. If the port of loading specified in the tender is situated in a Member State other than that in which 3 . The recipient organization shall bear all expendi­ the customs export formalities are carried out, the ture incurred after delivery, including acceptance goods shall , on completion of such formalities, be costs . placed under customs control with the object of ensuring that they are loaded at the port specified in the tender . Article 8 Proof of loading can be furnished only by production Any demurrage costs at the port of unloading attribu­ of the control copy referred to in Article 1 of Commis­ table to the recipient shall be borne by it . The rates sion Regulation ( EEC) No 2315/69 of 19 November and other details concerning such costs shall be laid 1969 on the use of Community transit documents for down in the contract between the successful tenderer the purpose of applying Community measures for veri­ and the carrier and must have been previously agreed fying the use and/or destination of goods ('), as upon by the successful tenderer acting as Community amended by Regulation (EEC) No 690/73 (2). agent and the recipient's delivery agent. Sections 101 , 103 and 104 of the control copy shall be completed . Article 9 Section 104 shall be completed by deleting as neces­ 1 . The intervention agency concerned shall as soon sary and entering against the second indent one of the as possible notify the recipient body of the name of following endorsements : the vessel , the date of loading, the quantity and the quality of the goods as recorded pt time of loading — ' Delivery of skimmed-milk powder as food aid and the port of unloading. (Regulation (EEC) No 2001 /76) to be shipped from the port of . . .' ; 2. The successful tenderer shall inform the recip­ — ' Livraison de lait écrémé en poudre à titre d aide ient at least 10 clear days in advance of the expected alimentaire (règlement (CEE) n0 2001 /76) destinée date of arrival of the ship in the port of unloading. à être embarquée au port de . . .' ; The successful tenderer shall have included in the terms of the charter-party a provision stipulating that — ' Lieferung von Magermilchpulver als Nahrungsmit­ the ship's captain shall inform the recipient at least 72 telhilfe (Verordnung (EWG) Nr. 2001 /76) zur Vers­ hours in advance of the ship's probable date of arrival chiffung im Hafen von . . . bestimmt' ; in port . — Fornitura di latte scremato in polvere a titolo di aiuto alimentare (regolamento (CEE) n . 2001 /76) destinata ad essere imbarcata del porto di . . .' ; A rticle 1 0 — Levering van magere-melkpoeder als voedselhulp 1 . The competent agency of the Member State in (Verordening ( EEG) nr. 2001 /76) bestemd om te which the contract is awarded shall check that the worden verscheept in de haven van . . .' ; skimmed-milk powder in question satisfies require­ — Levering af skummetmælkspulver som fødeva­ ments as to quality and packaging laid down in the rehjælp (forordning (EØF) nr. 2001 /76) bestemt til Annex . lastning i havnen i . . .'.

2. If the goods are found to satisfy those require­ (') OJ No L 295, 24. il . 1969, p . 14. ments, the agency shall , before completion of the (0 OJ No L 66, 13 . 3 . 1973 , p . 23 .

No L 220/ 14 Official Journal of the European Communities 13 . 8 . 76

Article 12 Article 14 1 . Except in cases of force majeure, the tendering Except in cases of force majeure, the successful security shall be released only if : tenderer shall accept all financial liability devolving upon the Community by reason of failure to load the (a) the tenderer has not been accepted ; skimmed-milk powder by the date specified in Article (b) the tenderer : 1 (4). — has not withdrawn his tender before the Costs incurred by reason of failure to deliver the skim­ contract is awarded, med-milk powder as a result of force majeure shall be — has furnished the certificates provided for in borne by the competent agency of the Member State Article 10 (2) and (3). in which the award of contract is made .

2. Release of the security shall take place immedi­ Article 15 ately. No refund or compensatory amount (whether mone­ 3 . In cases of force majeure, the intervention tary or accession) shall be applicable in respect of agency shall decide on the measures to be taken skimmed-milk powder supplied under this Regula­ having regard to the circumstances invoked . tion .

Article13¶

The amount referred to in Article 3 (3) (c) shall be This Regulation shall enter into force on the day paid only on production of the certificates provided following its publication in the Official Journal of for in Article 10 (2) and (3). the European Communities.

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

Done at Brussels, 10 August 1976.

For the Commission

P.J. LARDINOIS Member of the Commission

13 . 8 . 76 No L 220/ 15 Official Journal of the European Communities

ANNEX

I. Skimmed-milk powder requirements

(a) fat content : 1 -5 % maximum (b) water content : 4-0 % maximum (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 impu­ rities 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/m2 ; — one interposed tar-lined paper bag, of a strength representing at least 140 g/m2 or one Kraft paper bag with polyethylene layer, of a strength representing at least 70 g + 15 g/m2 ; — one polyethylene inner bag at least 0-08 mm thick double bound.