31976R2358

No L 267/24 Official Journal of the European Communities 30 . 9 . 76

COMMISSION REGULATION ( EEC) No 2358 /76 of 29 September 1976 concerning the issue of an invitation to tender for the supply to the Republic of Zambia for use as food aid of vitaminized skimmed-milk powder to be purchased on the Community market

THE COMMISSION OF THE EUROPEAN where the procedure to be adopted for this tendering COMMUNITIES, should in the main be the procedure used hitherto in similar cases ; Having regard to the Treaty establishing the European Economic Community, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Having regard to Council Regulation (EEC) No ment Committee for Milk and Milk Products, 804/68 of 27 June 1968 on the common organization of the market in milk and milk products ('), as last amended by Regulation (EEC) No 559/76 (2), and in HAS ADOPTED THIS REGULATION : particular Article 7 (5) thereof,

Having regard to Council Regulation ( EEC) No Article 1 1298/76 of 1 June 1976 laying down general rules for the supply of skimmed-milk powder, as food aid, to 1 . Tenders shall be invited in accordance with certain developing countries and certain international organizations under the 1 976 programme (3), as Regulations ( EEC) No 1298 /76, (EEC) No 1299/76 amended by Regulation (EEC) No 2017/76 (4), and in and (EEC) No 2021 /76 for the costs of supplying to particular Article 6 thereof, the Republic of Zambia a lot of 450 metric tons of vitaminized skimmed-milk powder. Whereas Council Regulation (EEC) No 1299/76 of 1 June 1976 on the supply of skimmed-milk powder as 2. Delivery shall be effected cif Dar-es-Salaam . food aid to certain developing countries and interna­ tional organizations under the 1976 programme ^) 3 . Shipment shall take place as soon as possible and not later than 15 November 1976 . provides for a reserve stock of 3 630 metric tons of skimmed-milk powder ; whereas according to Council Regulation (EEC) No 2021 /76 of 27 July 1976 on the 4. The skimmed-milk powder shall meet the emergency supply of skimmed-milk powder to the requirements as to quality and packaging set out in Republic of Zambia in favour of needy persons in that the Annex to this Regulation . country as food aid pursuant to Regulation (EEC) No 1 299 /76 (6), 450 metric tons of this reserve stock shall 5 . The successful tenderers shall deliver, as a supple­ be allocated to the Republic of Zambia ; whereas this ment, 5 % empty bags similar to those containing the country has requested a delivery of the abovemen­ goods . He shall undertake to have these bags tioned quantity of skimmed-milk powder ; mentioned on the bill of lading.

Whereas Article 2 (2) of Regulation (EEC) No 1298/76 Article 2 provides that if there is not enough skimmed-milk powder available in public stocks with the characteris­ tics necessary for the particular destination where this 1 . The intervention agencies shall frame a notice of requires, in particular, the addition of vitamins, invitation to tender which shall be published in the supplies shall be obtained by purchase on the Commu­ Official Journal of the European Communities not nity market ; less than 10 days before the closing date for the submission of tenders . Whereas Article 5 of Regulation ( EEC) No 1298 /76 provides that for the purpose of the supply and ship­ 2 . The closing date for the submission of tenders shall be 12 October 1976 at 12 noon . ment of skimmed-milk powder invitations to tender are to be issued ;

(') OJ No L 148 , 28 . 6. 1968 , p. 13 . Article 3 (2) OJ No L 67, 15 . 3 . 1976, p. 9 . (3) OJ No L 146, 4. 6. 1976, p. 3 . 1 . Tenders, which shall be in writing, shall be (4) OJ No L 224, 16. 8 . 1976, p . 1 . (5) OJ No L 146, 4. 6 . 1976, p . 5. submitted either by delivery by hand to an interven­ (*) OJ No L 224, 16 . 8 . 1976, p . 6. tion agency against acknowledgement of receipt or by

30 . 9 . 76 Official Journal of the European Communities No L 267/ 25

registered letter addressed to an intervention agency. 3. The intervention agency shall immediately inform each tenderer whether he has been awarded Intervention agencies may also authorize the use of the contract. telex . 4. Rights and obligations arising in connection 2. The tender shall indicate inter alia : with the invitation to tender shall not be transferable . (a) the name and address of the tenderer ; 5. The intervention agencies shall immediately (b) the port or ports of loading, chosen from among inform the Commission of the successful tenderer's Community ports ; name and address . (c) the price, exclusive of taxes, expressed in the currency of the Member State in which the tender Article 7 is presented, at which the tenderer undertakes to supply, in accordance with the specifications laid 1 . The successful tenderer shall deliver a quantity down in the Annex, the entire quantity of the lot of skimmed-milk powder satisfying the requirements put out to tender. as to quality and packaging laid down in the Annex. Such price shall be inclusive of transport insur­ 2. Delivery cif shall be completed when the goods ance costs to the stage referred to in Article 1 (2) are actually taken from the hold of the ship at the for delivery. port of unloading. 3 . A tender shall be valid only if : 3 . The country of destination shall bear all costs (a) it relates to the entire quantity of the lot put out to incurred after delivery including the unloading costs tender ; (such as unstowing, hoisting, acceptance) and any (b) proof is given before expiry of the period set for lighter costs . the submission of tenders that the security referred to in Article 4 has been provided . Article 8

4. No tender may be withdrawn . Any demurrage costs or dispatch money at the port of unloading shall be borne by or for the benefit of the Article 4 recipient country. The rates and other details concerning such costs shall be laid down in the 1 . The tendering security shall be 20 units of contract between the successful tenderer and the account per metric ton of skimmed-milk powder. carrier and must have been previously agreed upon by the successful tenderer acting as Community agent 2. It shall take the form, at the discretion of the and the country of destination's agent. Member State concerned, either of a cheque made out in favour of the intervention agency, or of a bank Article 9 guarantee which satisfies the criteria fixed by the Member State . 1 . The intervention agency concerned shall as soon as possible notify the country of destination of the Article 5 name of the vessel, the date of loading, the quantity and the quality of the goods as recorded at the time of In the light of the tenders received and in accordance loading and the port of unloading. with the procedure laid down in Article 30 of Regula­ tion (EEC) No 804/68 a maximum price, expressed in 2. The successful tenderer shall inform the country units of account, shall be fixed or alternatively a deci­ of destination at least 10 clear days in advance of the sion shall be taken to make no award . expected date of arrival of the ship in the port of unloading. The successful tenderer shall have included Article 6 in the terms of the charter-party a provision stipu­ lating that the ship's captain shall inform the country 1 . A tender shall be refused if the price proposed, of destination at least 72 hours in advance of the converted into units of account, is more than the ship's probable date of arrival in port. maximum price fixed for the lot in question . Article 10 2. Subject as provided in paragraph 1 , the ^ successful tenderer shall be the one whose offer, 1 . The competent agency of the Member State in converted into units of account, is the lowest . Where which the contract is awarded shall check that the two or more valid offers specifying identical amounts, skimmed-milk powder in question satisfies require­ as converted into units of account, are received by a ments as to quality and packaging laid down in the given intervention agency, the award shall be made by Annex . drawing lots. Where such offers are made to different intervention agencies, the award shall be made by the 2. If the goods are found to satisfy those require­ intervention agency selected in accordance with the ments, the agency shall, before completion of the procedure referred to in Article 5. customs formalities referred to in Article 11 ( 1 ),

No L 267/ 26 Official Journal of the European Communities 30 . 9 . 76

provide the successful tenderer with a certificate to Article 12 that effect . 1 . Except in cases of force majeure, the tendering 3 . On delivery the country of destination shall issue security shall be released only if : a certificate proving taking delivery of the goods, stating that delivery of that quantity of skimmed-milk (a) the tender has not been accepted ; powder has been taken at the stage specified in Article (b) the tenderer : 1 (2). — has not withdrawn his tender before the contract is awarded, Article 11 — has furnished the proof, as in refunds matter, of the exit out of the geographical area of the 1 . Customs export formalities shall be carried out Community. in the Member State in which the award of contract is made . 2. Release of the security shall take place immedi­ ately. 2. If the port of loading specified in the tender is situated in a Member State other than that in which the customs export formalities are carried out, the Article 13 goods shall, on completion of such formalities, be placed under customs control with the object of ensuring that they are loaded at the port specified in In cases of force majeure, the intervention agency the tender. shall decide on the measures to be taken having regard to the circumstances invoked. Proof of loading can be furnished only by production of the control copy referred to in Article 1 of Commis­ sion Regulation (EEC) No 2315/69 of 19 November Article 14 1969 on the use of Community transit documents for the prupose of applying Community measures for veri­ The amount referred to in Article 3 (2) (c) shall be fying the use and/or destination of goods ('), as paid only on production of the certificates provided amended by Regulation (EEC) No 690/73 (2). for in Article 10 (2) and (3).

Sections 101 , 103 and 104 of the control copy shall be completed . Article 15

Section 104 shall be completed by deleting as neces­ Except in cases of force majeure, the successful sary and entering against the second indent one of the tenderer shall accept all financial liability devolving following endorsements : upon the Community by reason of failure to load the skimmed-milk powder by the date specified in Article — ' Delivery of skimmed-milk powder as food aid 1 (2). (Regulation (EEC) No 2358/76) to be shipped from the port of . . .' ; Costs incurred by reason of failure to deliver the skim­ — ' Livraison de lait écrémé en poudre à titre d aide med-milk powder as a result of force majeure shall be alimentaire (règlement (CEE) n° 2358 /76) destinée borne by the competent agency of the Member State à être embarquée au port de . . .' ; in which the award of contract is made . — 'Lieferung von Magermilchpulver als Nahrungsmit­ telhilfe (Verordnung (EWG) Nr. 2358/76) zur Vers­ chiffung im Hafen von . . . bestimmt' ; Article 16 — 'Fornitura di latte scremato in polvere a titolo di aiuto alimentare (regolamento (CEE) n . 2358 / 76) No refund or compensatory amount (whether mone­ destinata ad essere imbarcata nel porto di . . ; tary or accession) shall be applicable in respect of — Levering van magere-melkpoeder als voedselhulp skimmed-milk powder supplied under this Regula­ tion . (Verordening (EEG) nr. 2358/76) bestemd om te worden verscheept in de haven van ..." ; — ' Levering af skummetmælkspulver som fødeva­ Article 17 rehjælp (forordning (EØF) nr. 2358/76) bestemt til lastning i havnen i . . .'. 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.

30 . 9 . 76 Official Journal of the European Communities No L 267/ 27

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

Done at Brussels, 29 September 1976. For the Commission P.J. LARDINOIS Member of the Commission

No L 267 /28 Official Journal of the European Communities 30 . 9 . 76

ANNEX

I. Skimmed-milk powder requirements

(a) fat content : 1 -5 /o 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 maximum ) (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 : (aa) vitamin A : 5 000 I.U . per 1 00 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 4- 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, in letters at least 1 cm high the following inscription : 'Skimmed-milk powder, enriched with vitamins A and D / Gift of the European Economic Community to the Republic of Zambia / For free distribution .'