31976R2185

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

COMMISSION REGULATION ( EEC) No 2185 / 76

of 3 September 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 HAS ADOPTED THIS REGULATION : COMMUNITIES,

Article 1 Having regard to the Treaty establishing the European Economic Community, 1 . Tenders shall be invited in accordance with the Having regard to Council Regulation (EEC) No provisions of Regulations ( EEC) No 1298 /76 and 804/68 of 27 June 1968 on the common organization (EEC) No 1299/76, for the costs of delivering to of the market in milk and milk products ('), as last UNICEF 1 565 metric tons of vitaminized skimmed­ amended by Regulation ( EEC) No 559 /76 (2), and in milk powder divided up into the following lots : particular Article 7 (5) thereof, — for the benefit of Angola, to be delivered cif Luanda : Having regard to Council Regulation ( EEC) No 1298/76 of 1 June 1976 laying down general rules for — Lot Al : 400 metric tons, the supply of skimmed-milk powder under the 1976 — Lot A2 : 400 metric tons, food-aid programme to certain developing countries — Lot A3 : 450 metre tons ; and certain international organizations (3 ), and in parti­ — for the benefit of Tanzania, to be delivered cif Dar cular Article 6 thereof, Es-Salaam : Whereas Council Regulation (EEC) No 1299/76 of 1 — Lot B : 315 metric tons . June 1976 on the supply of skimmed-milk powder as food aid to certain developing countries and interna­ 2. The shipping shall take place : tional organizations under the 1976 programme ^), provides inter alia for the supply of 40 000 metric — as regards Lots Al to A3 : not later than 30 tons of skimmed-milk powder to be made available to November 1976, UNICEF ; — as regards Lot B : not later than 31 October 1976 .

Whereas UNICEF has made a request for the delivery 3 . The skimmed-milk powder shall meet the of 1 565 metric tons of vitaminized skimmed-milk requirements as to quality and packaging set out in powder for various third countries ; the Annex to this Regulation . Whereas Article 2 (2) of Regulation ( EEC) No 1298 /76 The packing of the skimmed-milk powder shall bear provides that, if there is not enough skimmed-milk in letters at least 1 cm high , the following inscription : powder available in public stocks with the characteris­ tics necessary for the particular destination where this as regards Lot A : requires, in particular, the addition of vitamins, ' Leite desnatado en po / Dom da Comunidade econ­ supplies shall be obtained by purchase of skimmed­ ómica europeia / Acção do UNICEF' ; milk powder on the Community market ; as regards Lot B : Whereas Article 5 of Regulation ( EEC) No 1298 /76 'Vitaminized skimmed-milk powder / Gift of the Euro­ provides that for the purposes of the supply and ship­ pean Economic Community / Action of UNICEF'. ment of skimmed-milk powder, invitations to tender are to be issued ; 4. The successful tenderer shall supply a further 5 % of empty bags indentical to those containing the Whereas the procedure to be adopted for this goods . He shall undertake to have these bags tendering should in the main be the procedure used hitherto in similar cases ; mentioned on the bill of lading.

Whereas the measures provided for in this Regulation Article 2 are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products, 1 . The intervention agencies shall draw up a notice of invitation to tender which shall be published in the (') OJ No L 148 , 28 . 6 . 1968 , p. 13. Official Journal of the European Communities not (-') OJ No L 67, 15 . 3 . 1976, p . 9 . (} ) OJ No L 146, 4. 6 . 1976, p . 3 . less than 10 days before the closing date for the (■») OJ No L 146, 4 . 6 . 1976, p . 5 . submission of tenders .

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2. The closing date for the submission of tenders Article 6 shall be 21 September 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, Intervention agencies may also authorize the use of as converted into units of account, are received by a telex . given intervention agency, the award shall be made by drawing lots. Where such offers are made to different 2. As regards Lots Al , A2 and A3, the successful intervention agencies, the award shall be made by the tenderer shall specify for how many and for which intervention agency selected in accordance with the lots his tender is valid . A tender for Lot B may only procedure referred to in Article 5. relate to this lot .

3 . The intervention agency shall immediately 3 . The tender shall indicate inter alia : inform each tenderer whether he has been awarded the contract . (a) the name and address of the tenderer ; (b) the port or ports of loading, chosen from among 4. Rights and obligations arising in connection Community ports ; with the invitation to tender shall not be transferable . (c) the price, exclusive of taxes, expressed in the currency of the Member State in which the tender 5 . The intervention agencies shall immediately is presented, at which the tenderer undertakes to inform the Commission of the name and address of supply, in accordance with the specifications laid the successful tenderer. down in the Annex, the entire quantity of a lot put out to tender. Article 7 Such price shall be inclusive of transport insur­ ance costs to the stage referred to in Article 1 ( 1 ) 1 . The successful tenderer shall deliver a quantity for delivery. of skimmed-milk powder satisfying the requirements as to quality and packaging laid down in the Annex to 4. A tender shall be valid only if : this Regulation .

(a) it relates to the entire quantity of a lot put out to 2. Delivery cif shall be completed when the goods tender ; are actually deposited on the quayside or on board a (b) proof is given before expiry of the period set for 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 ture incurred after delivery, including acceptance 5. Not tender may be withdrawn . costs .

Article 4 Article 8 1 . The tendering security shall be 20 units of Any demurrage costs at the port of unloading attribu­ account per metric ton of skimmed-milk powder. 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 upon by the successful tenderer acting as Community guarantee which satisfies thfc, criteria fixed by the 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.

7 . 9 . 76 Official Journal of the European Communities No L 245/ 11

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 2185/76) 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 — Lieferung von Magermilchpulver als Nahrungsmit­ terms of the charter-party a provision stipulating that telhilfe (Verordnung (E^G) Nr. 2185/76) zur Vers­ the ship's captain shall inform the recipient at least 72 chiffung im Hafen von ... bestimmt' ; hours in advance of the ship's probable date of arrival in port. — Fornitura di latte scremato in polvere a titolo di aiuto alimentare (regolamento (CEE) n . 2185/76) destinata ad essere imbarcata nel porto di . . .' ; Article 10 — ' Levering van magere-melkpoeder als voedselhulp 1 . The competent agency of the Member State in (Verordening (EEG) nr. 2185/76) 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. 2185/76) bestemt til Annex . lastning i havnen i . . .'

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

— has furnished the proof, as in refunds matter, Article 11 of the exit out of the geographical area of the Community. 1 . Customs export formalities shall be carried out in the Member State in which the award of contract is 2. Release of the security shall take place immedi­ made . ately. 2. If the port of loading specified in the tender is situated in a Member State other than that in which Article 13 the customs export formalities are carried out, the goods shall, on completion of such formalities, be In cases of force majeure, the intervention agency placed under customs control with the object of shall decide on the measures to be taken having ensuring that they are loaded at the port specified in the tender. regard to the circumstances invoked .

Proof of loading can be furnished only by production Article 14 of the control copy referred to in Article 1 of Commis­ sion Regulation (EEC) No 2315/69 of 19 November 1969 on the use of Community transit documents for The amount referred to in Article 3 (3) (c) shall be the purpose of applying Community measures for veri­ paid only on production of the certificates provided fying the use and/or destination of goods ('), as for in Article 10 (2) and (3). amended by Regulation (EEC) No 690/73 (2).

Sections 101 , 103 and 104 of the control copy shall be Article 15 completed . Except in cases of force majeure, the successful Section 104 shall be completed by deleting as neces­ tenderer shall accept all financial liability devolving sary and entering against the second indent one of the upon the Community by reason of failure to load the following endorsements : skimmed-milk powder by the date specified in Article 1 (2). — ' Delivery of skimmed-milk powder as food aid (Regulation (EEC) No 2185/76) to be shipped from the port of . . .' ; Costs incurred by reason of failure to deliver the skim­ med-milk powder as a result of force majeure shall be borne by the competent agency of the Member State (') OJ No L 295, 24 . 11 . 1969, p. 14. (2) OJ No L 66, 13 . 3 . 1973 , p. 23 . in which the award of contract is made .

No L 245/ 12 7 . 9 . 76 Official Journal of the European Communities

Article16¶

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, 3 September 1976. For the Commission

P. J. LARDINOIS

Member of the Commission

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) appearence : 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 .