31976R2076

No L 233/ 14 24 . 8 . 76 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 2076/76 of 23 August 1976 concerning the repetition of the issue of an invitation to tender for the supply to Somalia for use as food aid of vitaminized skimmed-milk powder to be purchased on the Community market

THE COMMISSION OF THE EUROPEAN Whereas Somalia has introduced a new request for the COMMUNITIES , supply of the quantity in question ; whereas it is there­ fore necessary to issue a new invitation to tender for this delivery of skimmed-milk powder and its Having regard to the Treaty establishing the European forwarding by applying the rules provided for in Regu­ Economic Community, lation ( EEC) No 917 / 75 ;

Having regard to Council Regulation (EEC) No Whereas the measures provided for in this Regulation 804/ 68 of 27 June 1968 on the common organization are in accordance with the opinion of the Manage­ of the market in milk and milk products ('), as last ment Committee for Milk and Milk Products , amended by Regulation (EEC) No 559/76 (2), and in particular Article 7 (5) thereof,

HAS ADOPTED THIS REGULATION : Having regard to Council Regulation ( EEC) No 1826/74 of 11 July 1974 laying down the general rules for the supply of skimmed-milk powder as food aid to certain developing countries and international Article 1 organizations (3), and in particular Article 6 thereof, 1 . Tenders shall be invited in accordance with Whereas Council Regulation ( EEC) No 410 / 75 of 17 Regulation ( EEC) No 1827/ 74 for the cost of a lot of February 1975 on the supply of skimmed-milk 710 metric tons of vitaminized skimmed-milk powder powder as food aid to Somalia under Regulation ( EEC) to be delivered cif Mogadishu . No 1 826/74 (4), makes provision for 710 metric tons of skimmed-milk powder to be made available to this 2. The skimmed-milk powder shall meet the country and to be taken from the 6 000 metric tons to requirements as to quality and packaging set out in be kept in reserve pursuant to Council Regulation the Annex to this Regulation . ( EEC) No 1827/ 74 of 11 July 1974 on the supply of skimmed-milk powder as food aid to certain deve­ 3 . Loading shall take place as soon as possible and loping countries and international organizations (5) ; at all events by 10 October 1976 . whereas Somalia has applied for the supply of the abovementioned quantity of vitaminized skimmed­ milk powder ; Article 2

Whereas, further to the request of Somalia , the 1 . The intervention agencies shall frame a notice of delivery of the abovementioned quantity of vitami­ invitation to tender which shall be published in the nized skimmed-milk powder has been the subject of Official Journal of the European Communities not the invitation to tender provided for in Commission less than 10 days before the closing date for the Regulation ( EEC) No 917/ 75 of 2 April 1975 submission of tenders . concerning the issue of an invitation to tender for the supply to Somalia for use as food aid of skimmed­ 2 . The closing date for the submission of tenders milk powder to be purchased on the Community shall be 7 September 1976 at 12 noon . market (6) ; whereas , however, the vitaminized skim­ med-milk powder to which this invitation to tender relates, was definitively lost before its arrival at destina­ Article 3 tion and acceptance by the recipient country at the stage designated for delivery ; 1 . Tenders, which shall be in writing, shall be ') OJ No L 148 , 28 . 6 . 1968 , p. 13 . submitted either by delivery by hand to an interven­ -') OJ No L 67, 15. 3 . 1976 , p. 9 . tion agency against acknowledgement of receipt or by 3 ) OJ No L 190 , 13 . 7 . 1974, p. 20 . registered letter addressed to an intervention agency. 4 ) OJ No L 47 , 21 . 2 . 1975, p. 4 . 5 ) OJ No L 190 , 13 . 7 . 1974, p. 22 . Intervention agencies may also authorize the use of b) OJ No L 89 , 10 . 4. 1975, p. 9 . telex .

24 . 8 . 76 No L 233 / 15 Official Journal of the European Communities

2 . The tender shall indicate inter alia : as converted into units of account, are received by a given intervention agency, the award shall be made by (a) the name and address of the tenderer ; drawing lots . Where such offers are made to different intervention agencies, the award shall be made by the (b) the port or ports of loading, chosen from among intervention agency selected in accordance with the Community ports ; procedure referred to in Article 5. (c) the price , exclusive of taxes, expressed in the currency of the Member State in which the tender 3 . The intervention agency shall immediately inform each tenderer whether he has been awarded is presented at which the tenderer undertakes to the contract . supply in accordance with the specifications laid down in the Annex , the entire quantity of skim­ med-milk powder to which the invitation to 4. Rights and obligations arising in connection tender relates . with the invitation to tender shall not be transferable .

Such price shall be inclusive of transport insurance costs to the stage stipulated in Article 1 ( 1 ). Article 7

3 . A tender shall be valid only if : 1 . The successful tenderer, acting in accordance with the provisions of Article 1 , shall deliver a quan­ (a) it relates to the entire quantity put out to tender ; tity of skimmed-milk powder as specified in the contract awarded . (b) proof is given before expiry of the period set for the submission of tenders that the security referred to in Article 4 has been provided . The successful tenderer shall also supply a further 5 % of empty bags identical to those containing the 4 . No tender may be withdrawn . goods . He undertakes to have these bags mentioned on the bill of lading.

Article 4 2. Delivery cif shall be completed when the goods are actually deposited on the quayside or on board a lighter. 1 . The tendering security shall be 20 units of account per metric ton of skimmed-milk powder .

Article 8 2 . It shall take the form , at the discretion of the Member State concerned , either of a cheque made out in favour of the intervention agency, or of a bank Any demurrage costs at the port of unloading attribu­ guarantee which satisfies the criteria fixed by the table to the recipient country shall be borne by it . The Member State . rates and other details concerning such costs shall be laid down in the contract between the Community agent and the carrier and must have been previously Article 5 agreed upon by that agent and the delivery agent of the recipient country . 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 Article 9 units of account, shall be fixed or alternatively a deci­ sion shall be taken to make no award . 1 . The intervention agency concerned shall as soon as possible notify the recipient country of the name of the vessel , the date of loading, the quantity and the Article 6 quality of the goods as recorded at the time of loading and the port of unloading . 1 . A tender shall be refused if the price proposed converted into units of account, is more than the 2 . The successful tenderer shall inform the recip­ maximum price fixed for the purposes of the invita­ ient country at least 10 clear days in advance of the tion to tender . expected date of arrival of the ship in the port of unloading . The successful tenderer shall have included 2 . Subject as provided in paragraph 1 , the in the terms of the charter party a provision stipu­ successful tenderer shall be the one whose offer, lating that the ship's captain shall inform the recip­ converted into units of account , is the lowest . Where ient country at least 72 hours in advance of the ship's two or more valid offers specifying identical amounts , probable date of arrival in port .

No L 233 / 16 24 . 8 . 76 Official Journal of the European Communities

Article 10 — ' Levering af skummetmælkspulver som fødeva­ rehjælp (forordning (EØF) nr. 2076/76) bestemt til 1 . The competent agency of the Member State in lastning i havnen i . . .'. which the contract is awarded shall check that the skimmed-milk powder in question satisfies the Article 12 requirements as to quality and packaging laid down in the Annex . 1 . Except in cases of force majeure, the tendering security shall be released only if : 2. If the goods are found to satisfy those require­ ments, the agency shall , before completion of the (a) the tender has not been accepted ; customs formalities referred to in Article 11 ( 1 ), (b) the tenderer : provide the successful tenderer with a certificate to that effect . — has not withdrawn his tender before the contract is awarded , 3 . On delivery, the recipient country shall issue a — has furnished the proof, as in refunds matter, certificate stating that delivery of that quantity of skim­ of the exit out of the geographical area of the med-milk powder has been taken at the stage speci­ Community. fied in Article 1 ( 1 ). 2 . Release of the security shall take place immedi­ ately . Article 11

Article 13 1 . Customs export formalities shall be carried out in the Member State in which the award of contract is In cases of force majeure, the intervention agency made . shall decide on the measures to be taken having regard to the circumstances invoked . 2. If the port of loading specified in the tender is situated in a Member State other than that in which Article 14 the customs export formalities are carried out, the goods shall , on completion of such formalities, be placed under customs control with the object of The amount referred to in Article 3 (2) (c) shall be ensuring that they are loaded at the port specified in paid only on production of the certificates provided the tender . for in Article 10(2) and ( 3 ).

Proof of loading can be furnished only by production Article 15 of the control copy referred to in Article 1 of Regula­ tion (EEC) No 2315/69 . 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 ( 3 ). 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 skim­ following endorsements : med-milk powder as a result of force majeure shall be borne by the competent agency of the Member State — ' Delivery of skimmed-milk powder as food aid in which the award of contract is made . (Regulation (EEC) No 2076/ 76) to be shipped from the port of . . .', Article 16 — ' Livraison de lait écrémé en poudre à titre d aide alimentaire (règlement (CEE) n° 2076/76) destinée On request of the Commission nominating a port à être embarquée au port de . . other than that provided for in Article 1 ( 1 ), the inter­ — Lieferung von Magermilchpulver als Nahrungs­ vention agency in question may in agreement with muttelhilfe (Verordnung ( EWG) Nr. 2076/76) zur the successful tenderer have the skimmed-milk Verschiffung im Hafen von . . . bestimmt', powder delivered to the new nominated port. — Fornitura di latte scremato in polvere a titolo di In such case the intervention agency in question is to aiuto alimentare ( regolamento (CEE) n . 2076 / 76) agree with the successful tenderer any cost reduction destinata ad essere imbarcata nel porto di . . or increase against the costs originally agreed . — Levering van magere-melkpoeder als voedselhulp (Verordening ( EEG ) nr. 2076/ 76) bestemd om te The intervention agency shall forthwith communicate worden verscheept in de haven van . . to the Commission the agreed new amount of costs .

24 . 8 . 76 No L 233/ 17 Official Journal of the European Communities

Article17¶

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, 23 August 1976.

For the Commission Henri SIMONET Vice-President

No L 233 / 18 24 . 8 . 76 Official Journal of the European Communities

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 : vitamin A : 2 500 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 a polyethylene lining of a strength representing at least 70 g + 15 g/ m 2 ; — one polyethylene inner bag at least 0 08 mm thick, welded or double-bound . (c) The packaging of the skimmed-milk powder shall bear, in letters at least 1 cm high , the following inscription : 'Skimmed-milk powder with vitamin A 2 500 i.u./ 100 g — Gift of the European Economic Community to Somalia — For free distribution .'