31976R2184

7 . 9 . 76 Official Journal of the European Communities No L 245/ 5

COMMISSION REGULATION ( EEC) No 2184/76 of 3 September 1976 concerning the issue of an invitation to tender for the supply to the Interna­ tional Committee of the Red Cross , for Panama for use as food aid , of vitami­ nized skimmed-milk powder to be purchased on the Community market

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES, are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products, Having regard to the Treaty establishing the European Economic Community,

HAS ADOPTED THIS REGULATION : 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 Article 1 amended by Regulation ( EEC) No 559/76 (2), and in particular Article 7 (5) thereof, 1 . Tenders shall be invited in accordance with Regulations ( EEC) No 1298 /76 and ( EEC) No Having regard to Council Regulation ( EEC) No 1299 /76 for / the costs of delivery to ICRC of a lot of 1298/76 of 1 June 1976 laying down the general rules 500 metric tons of vitaminized skimmed-milk powder for the supply of skimmed-milk powder under the for Panama . 1976 food-aid programme to certain developing coun­ tries and certain international organizations (3), and in 2. Delivery shall be effected at the port of particular Article 6 thereof, unloading Cristobal-Colon as mentioned in Article 7 (2). Whereas Council Regulation ( EEC) No 1299 /76 of 1 June 1976 on the supply of skimmed-milk powder The shipping shall take place not later than 15 under the 1976 food-aid programme to certain deve­ November 1976 . loping countries and certain international organiza­ tions (4) provides, inter alia, for the supply of 2 000 3 . The skimmed-milk powder shall meet the metric tons of skimmed-milk powder to be made avail­ requirements as to quality and packaging set out in able to the International Committee of the Red Cross the Annex to this Regulation . ( ICRC) ; 4. The successful tenderer shall also supply a Whereas ICRC has requested the delivery of 500 further 5 % of empty bags identical to those metric tons of vitaminized skimmed-milk powder for containing the goods . He shall undertake to have Panama ; these bags mentioned on the bill of lading.

Whereas Council Regulation ( EEC) No 1298/76, Article 2 Article 2 (2) provides that, if the amounts of skimmed­ milk powder in public stocks do not have the characteristics necessary for their particular destina­ 1 . The intervention agencies shall frame a notice of tion where this requires, in particular, the addition of invitation to tender which shall be published in the vitamins, supplies shall be ensured by the buying-in Official Journal of the European Communities not of skimmed-milk powder on the Community market ; less than 10 days before the closing date for the submission of tenders . Whereas Article 5 of Regulation ( EEC) No 1298 /76 2. The closing date for the submission of tenders provides that for the purposes of the supply and ship­ shall be 28 September 1976 at 12 noon . ment of skimmed-milk powder invitations to tender are to be issued ;

Article 3 Whereas the procedure to be adopted for this tendering should in the main be the procedure used 1 . Tenders, which shall be in writing, shall be hitherto in similar cases ; 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 . (3 ) OJ No L 146, 4 . 6 . 1976, p . 3 . Intervention agencies may also authorize the use of (■») OJ No L 146, 4. 6 . 1976, p . 5 . telex .

No L 245/6 Official Journal of the European Communities 7 . 9 . 76

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

5 . The intervention agencies shall immediately Such price shall be inclusive of transport insurance inform the Commission of the successful tenderer's costs to the stage referred to in Article 1 (2) for name and address . delivery.

3 . A tender shall be valid only if : A rticle 7 / (a) it relates to the entire quantity of the lot put out to tender-; 1 . The successful tenderer shall deliver a quantity (b) proof is given before expiry of the period set for of skimmed-milk powder satisfying the requirements the submission of tenders that the security referred as to quality and packaging laid down in Annex to to in Article 4 has been provided . this Regulation .

4. No tender may be withdrawn . 2. Delivery 'port of unloading' shall be completed when the goods are actually deposited on the quayside or on board a lighter at the port of unloading. Article 4 3 . The recipient organization shall be responsible for all expenditure incurred after delivery including 1 . The tendering security shall be 20 units of acceptance costs . account per metric ton of skimmed-milk powder.

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

7 . 9 . 76 No L 245/7 Official Journal of the European Communities

Article 10 — Levering van magere-melkpoeder als voedselhulp (Verordening (EEG) nr. 2184/76) bestemd om te 1 . The competent agency of the Member State in worden verscheept in de haven van . . ; which the contract is awarded shall check that the — Levering af skummetmælkspulver som fødeva­ skimmed-milk powder in question satisfies require­ rehjælp (forordning (EØF) nr. 2184/76) bestemt til ments as to quality and packaging laid down in the Annex . lastning i havnen i . . .'

2. If the goods are found to satisfy those require­ Article 12 ments, the agency shall , before completion of the customs formalities referred to in Article 11 ( 1 ), 1 . Except in cases of force majeure, the tendering provide the successful tenderer with a certificate to security shall be released only if : that effect . (a) the tender has not been accepted ; 3 . On delivery, the recipient organization shall (b) the tenderer : issue a certificate proving the taking over of the goods — has not withdrawn his tender before the stating that delivery of that quantity of skimmed-milk contract is awarded , powder has been taken at the stage specified in Article 1 (2). — has furnished the proof, as in refunds matter, of the exit out of the geographical area of the Article 11 Community.

2. Release of the security shall take place immedi­ 1 . Customs export formalities shall be carried out in the Member State in which the award of contract is ately . made . Article 13 2. If the port of loading specified in the tender is situated in a Member State other than that in which In cases of force majeure, the intervention agency the customs export formalities are carried out, the shall decide on the measures to be taken having goods shall , on completion of such formalities, be 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 14

Proof of loading can be furnished only by production The amount referred to in Article 3 (2) (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 use of Community transit documents for the purpose of applying Community measures for veri­ Article 15 fying the use and/or destination of goods ('), as amended by Regulation ( EEC) No 690/73 (2). Except in cases of force majeure, the successful Sections 101 , 103 and 104 of the control copy shall be tenderer shall accept all financial liability devolving completed . upon the Community by reason of failure to load the skimmed-milk powder by the date specified in Article Section 104 shall be completed by deleting as neces­ 1 (2). sary and entering against the second indent one of the following endorsements : Costs incurred by reason of failure to deliver the skim­ med-milk powder as a result of force majeure shall be — ' Delivery of skimmed-milk powder as food aid borne by the competent agency of the Member State (Regulation ( EEC) No 2184/76) to be shipped in which the award of contract is made . from the port of ... ; — ' Livraison de lait écrémé en poudre à titre d aide Article 16 alimentaire (règlement (CEE) n0 2184/76) destinée à être embarquée au port de . . . ; No refund or compensatory amount (whether mone­ tary or accession) shall be applicable in respect of — ' Lieferung von Magermilchpulver als Nahrungs­ skimmed-milk powder supplied under this Regula­ mittelhilfe (Verordnung ( EWG) Nr. 2184/76) zur tion . Verschiffung im Hafen von . . . bestimmt' ; — Fornitura di latte scremato in polvere a titolo di aiuto alimentare (regolamento (CEE) n . 2184/76) Article 17 destinata ad essere imbarcato nel porto di . . .' ; This Regulation shall enter into force on the day (') OJ No L 295 , 24 . 11 . 1969 , p . 14 . following its publication in the Official Journal of (2 ) OJ No L 66, 13 . 3 . 1973 , p . 23 . the European Communities.

7. 9 . 76 No L 245/8 Official Journal of the European Communities

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

Done at Brussels, 3 September 1976. For the Commission

P. J. LARDINOIS Member of the Commission

ANNEX

1 . Skimmed-milk powder requirements

(a) fat content : 1 -5 % maximum (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 ( 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 impurities or coloured particles (n) vitamin enrichment : vitamin A : 5 000 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 : ' Leche desnatada en polvo con vitaminas 'A (5 000 u.i./ 100 gr) — Donación de las Comuni­ dades Europeas — Acción del Comité Internacional de la Cruz Roja — Por distribución gratuita en Panama .'