31976R2490

No L 283 / 12 Official Journal of the European Communities 14 . 10 . 76

COMMISSION REGULATION ( EEC) No 2490/ 76 of 13 October 1976 on the issue of an invitation to tender for the supply to the Arab Republic of Egypt for use as food aid of vitaminized skimmed-milk powder to be bought on the Community market

THE COMMISSION OF THE EUROPEAN Whereas the procedure to be adopted for this COMMUNITIES , tendering should in the main be the procedure used hitherto in similar cases ;

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,

Having regard to Council Regulation (EEC) No HAS ADOPTED THIS REGULATION : 1298 /76 of 1 June 1976 laying down general rules for the supply of skimmed-milk powder as food aid to certain developing countries and international organi­ Article 1 zations under the 1976 programme (3), as amended by Regulation (EEC) No 201 7/76 (4), and in particular Article 6 thereof, 1 . Tenders shall be invited in accordance with the provisions of Regulations ( EEC) No 1298/ 76 and ( EEC) No 2018 / 76 , for the costs of supplying 4 500 Whereas Council Regulation (EEC) No 2018 /76 of 27 metric tons of vitaminized skimmed-milk powder to July 1976 on the additional supply of skimmed-milk the Arab Republic of Egypt and divided up into the powder as food aid to certain developing countries, following lots : international organizations and non-governmental organizations under the 1976 programme (5), provides — lot A 1 : 1 000 metric tons, inter alia for 5 200 metric tons of skimmed-milk — lot A 2 : 1 000 metric tons , powder to be made available to the Arab Republic of Egypt ; — lot A 3 : I 000 metric tons, — lot A 4 : 1 000 metric tons,

Whereas the Arab Republic of Egypt has requested — lot B : 500 metric tons . the delivery of 4 500 metric tons of vitaminized skim­ med-milk powder ; 2 . The skimmed-milk powder shall meet :

— as to quality, the prescriptions set out in the Whereas Regulation (EEC) No 1298 /76 provides in Annex to this Regulation, Article 2 (2) that, if the amounts of skimmed-milk — as to packaging, the prescriptions set out Annex I powder in public stocks do not have the characteris­ to Commission Regulation ( EEC) No 1108 / 68 of tics necessary for their particular destination where this requires, in particular, the addition of vitamins, 27 July 1968 (6), on detailed rules for public storage of skimmed-milk powder, as last amended supply shall be ensured by the buying-in of skimmed­ by Regulation ( EEC) No 1457/76 ( 7). milk powder on the Community market ;

3 . The successful tenderer shall deliver, as a supple­ Whereas Article 5 of Regulation (EEC) No 1298/76 ment, 5 % empty bags similar to those containing the provides that for the purpose of the supply and ship­ goods . ment of skimmed-milk powder invitations to tender are to be issued ; 4. The packaging of the skimmed-milk powder shall bear the following inscription in letters at least 1 (') OJ No L 148 , 28 . 6 . 1968 , p . 13 . cm high : (2) OJ No L 67, 15 . 3 . 1976, p . 9 . 0 OJ No L 146, 4. 6 . 1976 , p . 3 . («) OJ No L 224, 16 . 8 . 1976 , p . 1 . (") OJ No L 184, 29 . 7 . 1968 , p . 34 . (5 ) OJ No L 224, 16 . 8 . 1976, p . 2. ( 7) OJ No L 145 , 6 . 6 . 1975 , p . 17 .

14 . 10 . 76 Official Journal of the European Communities No L 283 / 13

'Skimmed-milk powder enriched with vitamins A and supply, under the stipulated conditions, the total D / Gift of the European Economic Community to quantity to which his tender relates. Egypt / For free distribution.' Such price shall be inclusive of transport insur­ ance costs to the stage for delivery. Article 2 6. A tender shall be valid only if the proof is given 1 . Delivery shall be effected from a port to be desig­ before expiry of the period set for the submission of nated in the tender, chosen from among Community tenders that the security referred to in Article 4 has ports accessible for ocean-going ships and having a been provided . regular line to Alexandria. 7. No tender may be withdrawn . 2. Delivery at the port of shipment take place on a date fixed by the intervention agency concerned and Article 4 which must be

— as regards Lots A 1 and A 2 : 1 . The tendering and delivery security shall be 20 after 6 and before 23 December 1976 ; units of account per metric ton of skimmed-milk powder. — as regards Lot A 3 : after 6 and before 23 January 1977 ; 2 . It shall take the form , at the discretion of the — as regards Lots A 4 and B : Member State concerned , either of a cheque made out after 6 and before 23 February 1977. in favour of the intervention agency, or of a bank guarantee which satisfies the criteria fixed by the 3 . The time limit for the submission of tenders is Member State . 26 October 1976 at 12 noon .

Article 5 Article J In the light of the tenders received and in accordance with the procedure laid down in Article 30 of Regula­ 1 . The intervention agencies shall frame a notice of tion (EEC) No 804/68 a maximum amount, expressed invitation to tender which shall be published in the in units of account, shall be fixed or alternatively a Official Journal of the European Communities not decision shall be taken to make no award . less than 10 days before the closing date for the submission of tenders .

Article 6 2 . Tenders, which shall be in writing, shall be submitted either by delivery by hand to an interven­ 1 . A tender shall be refused if the price proposed, tion agency against acknowledgement of receipt or by converted into units of account, is more than the registered letter to an intervention agency. Interven­ maximum price fixed for the lot in question . tion agencies may also authorize the use of telex . 2. Subject as provided in paragraph 1 , the 3 . The tender shall be introduced to the interven­ successful tenderer shall be the one whose offer, tion agency of the Member State on the territory of converted into units of account, is the lowest . Where which the manufacture and conditioning of vitami­ two or more valid offers specifying identical amounts, nized skimmed-milk powder have been done in accor­ as converted into units of account, are received by a dance with Article 1 (2). given intervention agency, the award shall be made by drawing lots. Where such offers are made to different 4 . A tender shall be valid only if it relates to the intervention agencies, the award shall be made by the entire quantity of a lot put out to tender. intervention agency selected in accordance with the procedure referred to in Article 5. Moreover, a tender shall relate only to lots designated by the same capital letter. The tenderer shall make 3 . The intervention agency shall immediately clear in his tender as regards Lots A 1 to A 4 for how inform each tenderer whether he has been awarded many lots — under these conditions — it is valid . the contract .

5 . 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 is presented , at which the tenderer undertakes to and address .

No L 283 / 14 Official Journal of the European Communities 14 . 10 . 76

Article 7 Section 104 shall be completed by deleting as neces­ sary and entering against the second indent one of the 1 . The successful tenderer shall deliver at the port following endorsements : designated in the tender and on the date fixed by the recipient country the quantity of skimmed-milk — 'Skimmed-milk powder as food aid (Regulation powder meeting the requirements as regards quality (EEC) No 2490/76) to be delivered at the port of . . and packaging laid down in the Annex to this Regula­ tion . Any schedule for instalment deliveries shall be — ' Lait écrémé en poudre à titre d aide alimentaire fixed by the recipient country's agent in agreement (règlement (CEE) n0 2490/76) destinée à être livré with the successful tenderer. au port de . . — 'Magermilchpulver als Nahrungsmittelhilfe 2. The goods shall be regarded as delivered when (Verordnung (EWG) Nr. 2490/76) zur Lieferung they are deposited at the place of exportation at the im Hafen von . . . bestimmt', point designated by the recipient country or its agent. — Latte scremato in polvere a titolo di aiuto alimen­ tare (regolamento (CEE) n. 2490/76) destinato ad Article 8 essere consegnato nel porto di . . .', — 'Magere-melkpoeder als voedselhulp (Verordening 1 . The competent agency of the Member State in (EEG) nr. 2490/76) bestemd om te worden gele­ which the contract is awarded shall check that the verd in de haven van . . skimmed-milk powder in question satisfies the re­ quirements as to quality and packaging referred to in — Skummetmælkspulver som fødevarehjælp Article 1 (2). (forordning (EØF) nr. 2490/76) bestemt til levering i havnen i 2. If the goods are found to satisfy those require­ ments the agency shall, as referred to in Article 1 (2), Article 10 provide the successful tenderer with a certificate to that effect . 1 . Except in cases of force majeure, the tendering security and delivery shall be released only if : 3 . Upon delivery of the goods at the port of embar­ kation, the recipient country's agent shall hand to the (a) the tender has not been accepted ; successful tenderer acting as agent for the Community (b) the tenderer : a letter of acceptance. — has not withdrawn his tender before the This letter shall state that delivery of that quantity of contract is awarded, skimmed-milk powder as well as the empty bags — has furnished the certificates provided for in referred to in Article 1 (3) have been taken at the stage Article 8 (2) and (3). specified in Article 2 ( 1 ). 2. Release of the security shall take place immedi­ Article 9 ately.

If the port of loading specified in the tender is situ­ Article 11 ated in a Member State other than that in which the tender has been introduced the goods shall, on In cases of force majeure, the intervention agency completion of the control referred to in Article 8 ( 1 ), shall decide on the measures to be taken having be placed under customs control with the object of regard to the circumstances invoked . ensuring that they are delivered at the port specified in the tender. Article 12 Proof of delivery to the port of loading can be furnished only by production of the control copy The amount referred to in Article 4 (3) (b) shall be referred to in Article 1 of Commission Regulation paid only on production of the certificate provided for (EEC) No 2315/69 of 19 November 1969 on the use in Article 8 (2) and (3). of Community transit documents for the purpose of applying Community measures for verifying the use Article 13 and/or destination of goods ('), as amended by Regula­ tion (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 at the place and in due time, (') OJ No L 295, 24. 11 . 1969, p . 14. the recipient country having facilitated the delivery at (2 ) OJ No L 66, 13 . 3 . 1973 , p. 23 . the place and by the time appointed.

14 . 10 . 76 Official Journal of the European Communities No L 283/ 15

Costs incurred by reason of failure to deliver the skim­ skimmed-milk powder supplied under this Regula­ med-milk powder as a result of force majeure shall be tion . borne by the competent agency of the Member State concerned . Article 15 Article 14 This Regulation shall enter into force on the day No refund or compensatory amount (whether mone­ following its publication in the Official Journal of tary or accession) shall be applicable , in respect of the European Communities.

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

Done at Brussels, 13 October 1976 .

For the Commission

P.J. LARDINOIS Member of the Commission

ANNEX

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° 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 minimum) (i) germ content : 50 000 per g maximum (k ) colon bacillus titer : negative in 0-1 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