31976R2359

30 . 9 . 76 Official Journal of the European Communities No L 267/ 29

COMMISSION REGULATION ( EEC) No 2359/76 of 29 September 1976 concerning the issue of an invitation to tender for the supply to the Republic of Uruguay 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 , Having regard to the Treaty establishing the European Article 1 Economic Community, 1 . Tenders shall be invited in accordance with Having regard to Council Regulation ( EEC) No Regulations ( EEC) No 1298 /76 and ( EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products ('), as last 2018/76 for the costs of supplying to the Republic of amended by Regulation (EEC) No 559/76 (2), and in Uruguay a lot of 300 metric tons of vitaminized skim­ med-milk powder. particular Article 7 (5) thereof,

Having regard to Council Regulation (EEC) No 2. The skimmed-milk powder shall meet the 1298 /76 of 1 June 1976 laying down general rules for requirements as to quality and packaging set out in the supply of skimmed-milk powder, as food aid, to the Annex to this Regulation . certain developing countries and certain international organizations under the 1976 programme (3), as 3 . The successful tenderer shall deliver, as a supple­ amended by Regulation (EEC) No 201 7/76 (4), and in ment, 5 % empty bags similar to those containing the particular Article 6 thereof, goods.

Whereas Council Regulation (EEC) No 2018/76 of 27 July 1976 on the additional supply of skimmed-milk Article 2 powder as food aid to certain developing countries, international organizations and non-governmental 1 . Delivery shall be effected at a port to be desig­ organizations under the 1976 programme (5 ) provides inter alia that 300 metric tons of skimmed-milk nated in the tender, chosen among Community ports, accessible for ocean-going ships and having a regular powder shall be made available to the Republic of line to the country of destination . Uruguay ; whereas this country has requested the delivery of 300 metric tons of vitaminized skimmed­ 2. Delivery at the port of embarkation shall take milk powder ; place on a date fixed by the intervention agency Whereas Article 2 (2) of Regulation (EEC) No 1298 /76 concerned , and which must be after 1 and before 10 provides that if there is not enough skimmed-milk November 1976 . powder available in public stocks with the characteris­ tics necessary for the particular destination where this 3 . The time limit for the submission of tenders requires, in particular, the additon of vitamins, expires on 12 Ocotber 1976 at 12 noon . supplies shall be obtained by purchase on the Commu­ nity market ; Article 3 Whereas Article 5 of Regulation ( EEC) No 1298/76 provides that for the purpose of the supply and ship­ The intervention agencies shall frame a notice of invi­ ment of skimmed-milk powder invitations to tender tation to tender which shall be published in the Offi­ are to be issued ; cial Journal of the European Communities not less Whereas the procedure to be adopted for this than 10 days before the closing date for the submis­ sion of tenders . tendering should in the main be the procedure used hitherto in similar cases ;

Whereas the measures provided for in this Regulation Article 4 are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products , 1 . Tenders, which shall be in writing shall be submitted either by delivery by hand to an interven­ (') OJ No L 148 , 28 . 6. 1968 , p. 13. tion agency against acknowledgement of receipt or by (2 ) OJ No L 67, 15. 3 . 1976, p . 9 . registered letter addressed to an intervention agency. (3 ) OJ No L 146, 4. 6 . 1976 , p . 3 . (4) OJ No L 224, 16. 8 . 1976, p. 1 . Intervention agencies may also authorize the use of (5) OJ No L 224, 16 . 8 . 1976, p. 2. telex .

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

2 . The tender shall indicate inter alia : 4. Rights and obligations arising in connection with the invitation to tender shall not be transferable . (a) the name and address of the tenderer ; (b) the price, exclusive of taxes, expressed in the 5 . The intervention agencies shall immediately currency of the Member State in which the tender communicate to the Commission the tenderer's name and address . is presented, at which the tenderer undertakes to supply to the port of shipment referred to in Article 2 ( 1 ), in accordance with the specifications Article 8 laid down in the Annexes , the entire quantity of the lot put out to tender. 1 . The successful tenderer shall , on the date fixed Such price shall be inclusive of transport insur­ by the recipient country, deliver at the port designated ance costs to the stage for delivery. in the tender and the quantity of skimmed-milk powder meeting the requirements as regards quality 3 . A tender shall be valid only if : and packaging laid down in the Annex to this Regula­ tion . Any schedule for instalment deliveries shall be (a) it relates to the entire lot put out to tender ; fixed by the recipient country's agent in agreement (b) proof is given before expiry of the period set for with the successful tenderer. the submission of tenders that the security referred to in Article 5 has been provided . 2. The goods shall be regarded as delivered when they are deposited at the place of exportation at the 4. No tender may be withdrawn . point designated by the recipient country or its agent.

Article5¶

1 . The tendering security shall be 20 units of Upon delivery of the goods at the port of embarka­ account per metric ton of skimmed-milk powder . tion , the recipient country's agent shall hand to the successful tenderer acting as agent for the Community 2. It shall take the form , at the discretion of the a letter of acceptance . Member State concerned, either of a cheque made out in favour of the intervention agency, or of a bank Article 10 guarantee which satisfies the criteria fixed by the Member State . 1 . The competent agency of the Member State in which the contract is awarded shall check that the skimmed-milk powder in question satisfies the Article 6 requirements as to quality and packaging laid down in the Annex . In the light of the tenders received and in accordance with the procedure laid down in Article 30 of Regula­ 2. If the goods are found to satisfy those require­ tion (EEC) No 804/ 68 a maximum amount, expressed ments the agency shall, before completition of the in units of account, shall be fixed or alternatively a customs formalities referred to in Article 11 ( 1 ), decision shall be taken to make no award . provide the successful tenderer with a certificate to that effect . Article 7 3 . On delivery the recipient country shall issue a certificate stating that delivery of that quantity of 1 . A tender shall be refused if the price proposed, converted into units of account, is more than the skimmed milk as well as the empty bags referred to in maximum price fixed for the lot in question . Article 1 (3) have been taken at the stage specified in Article 2 ( 1 ). 2. Subject as provided in paragraph 1 , the successful tenderer shall be the one whose offer, Article 11 converted into units of account, is the lowest . Where two or more valid offers specifying identical amounts, 1 . Customs export formalities shall be carried out as converted into units of account, are received by a in the Member State in which the award of contract is given intervention agency, the award shall be made by made . drawing lots . Where such offers are made to different intervention agencies, the award shall be made by the 2 . If the port of loading specified in the tender is intervention agency selected in accordance with the situated in a Member State other than that in which procedure referred to in Article 6 . the customs export formalities are carried out, the goods shall , on completion of such formalities, be 3 . The intervention agency shall immediately placed under customs control with the object of inform each tenderer whether he has been awarded ensuring that they are loaded at the port specified in the contract . the tender .

30 . 9 . 76 Official Journal of the European Communities No L 267/ 31

Proof of loading can be furnished only by production — has furnished the certificates provided for in of the control copy referred to in Article 1 of Commis­ Article 10 (2) and (3). sion Regulation (EEC) No 2315/69 of 19 November 1969 on the use of Community transit documents for 2. Release of the security shall take place immedi­ ately. the purpose of applying Community measures for veri­ fying the use and/or destination of goods ('), as amended by Regulation (EEC) No 690/73 (2). Article 13 Sections 101 , 103 and 104 of the control copy shall be In cases of force majeure, the intervention agency completed. shall decide on the measures to be taken having regard to the circumstances invoked. Section 104 shall be completed by deleting as neces­ sary and entering against the second indent one of the Article 14 following endorsements : — 'Delivery of skimmed-milk powder as food aid The amount referred to in Article 4 (2) (b) shall be (Regulation (EEC) No 23 59/76 to be shipped from paid only on production of the certificate provided for the port of in Article 10 (2) and (3). — 'Livraison de lait écrémé en poudre à titre d aide alimentaire (règlement (CEE) n0 2359/76) destinée Article 15 à être embarquée au port de —' ; Except in cases of force majeure, the successful — 'Lieferung von Magermilchpulver als Nahrungsmit­ tenderer shall accept all financial liability developing telhilfe (Verordnung (EWG) Nr. 2359/76) zur Vers­ upon the Community by reason of failure to load the chiffung im Hafen von . . . bestimmt' ; skimmed-milk powder at the place and in due time, — 'Fornitura di latte scremato in polvere a titolo di the recipient country having effected the delivery at aiuto alimentare (regolamento (CEE) n . 2359/76) the place and by the time appointed. destinata ad essere imbarcata nel porto di . . .' ; — 'Levering van magere-melkpoeder als voedselhulp Costs incurred by reason of failure to deliver the skim­ Verordening (EEG) nr. 2359/76) bestemd om te med-milk powder as a result of force majeure shall be worden verscheept in de haven . . .' ; borne by the competent agency of the Member State concerned . — ' Levering af skummetmælkspulver som fødeva­ rehjælp (forodning (EØF) nr. 2359/76) bestemt til Article 16 lastning i havnen i No refund or compensatory amount (whether mone­ Article 12 tary or accession) shall be applicable in respect of skimmed-milk powder supplied under this Regula­ 1 . Except in cases of force majeure, the tendering tion . security shall be released only if :

Article 17 (a) the tender has not been accepted ; (b) the tenderer : This Regulation shall enter into force on the -day — has not withdrawn his tender before the following its publication in the Official Journal of contract is awarded , the European Communities.

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

(>) OJ No L 295, 24 . 11 . 1969 , p . 14 . I2) OJ No L 66, 13 . 3 . 1973, p. 23 .

No L 267/ 32 Official Journal of the European Communities 30 . 9 . 76

ANNEX

I. 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° Domic) (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 l.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 . (c) The packaging of the skimmed-milk powder shall bear, in letters at least 1 cm high the following inscription : ' Lait ecreme en poudre enrichi en vitamines A et D — Don de la Communauté économique européenne à la république d'Uruguay — À distribuer gratuitement.'