31976R2608

28 . 10 . 76 Official Journal of the European Communities No L 297/ 19

COMMISSION REGULATION ( EEC) No 2608/76 of 27 October 1976 concerning an invitation to tender for the costs of delivery of skimmed-milk powder to the Democratic Republic of Somalia

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES ,

Having regard to the Treaty establishing the European Article 1 Economic Community,

1 . In accordance with the provisions of Regulations Having regard to Council Regulation (EEC) No (EEC) No 1298/76, (EEC) No 1299/76 and (EEC) No 804/68 of 27 June 1968 on the common organization 2018 /76, tenders shall be invited for the costs of of the market in milk and milk products ( ! ), as last delivery of 2 000 metric tons of skimmed-milk amended by Regulation (EEC) No 559/76 (2), and in powder for the Democratic Republic of Somalia and particular Article 7 (5) thereof, divided into two lots of 1 000 metric tons . Whereas Council Regulation (EEC) No 1299/76 of 1 June 1976 on the supply of skimmed-milk powder as 2. Delivery shall be carried out at the port of food aid to certain developing countries and interna­ unloading Mogadishu. tional organizations under the 1976 programme (3) provides, inter alia, for 850 metric tons of skimmed­ 3. The skimmed-milk powder shall meet the requir­ milk powder to be made available to the Democratic ements for quality and packing set out in the Annex Republic of Somalia, to Commission Regulation (EEC) No 1108/68 of 27 July 1968 on detailed rules of application for public Whereas Council Regulation (EEC) No 2018/76 of 27 storage of skimmed-milk powder (7), as last amended July 1976 on the additional supply of skimmed-milk by Regulation (EEC) No 1457/75 (8). powder as food aid to certain developing countries, international organizations and non-governmental 4. The skimmed-milk powder shall be taken from organizations ^) provides, inter alia, for 2 150 metric the Irish intervention agency. tons of skimmed-milk powder to be made available to the Democratic Republic of Somalia ; 5. The intervention agency shall supply 2% extra empty bags identical to those containing the goods. Whereas this country has requested the supply of The tenderer undertakes to have these bags 2 000 metric tons of skimmed-milk powder of which mentioned on the bill of lading. 1 150 metric tons are to be supplied under Regulation ( EEC) No 2018 /76 ; 6. loading shall take place as soon as possible and not later than 20 December 1976 . Whereas under Article 5 of Council Regulation (EEC) No 1298 /76 of 1 June 1976 laying down general rules for the supply of skimmed-milk powder as food aid to 7. The packing of the skimmed-milk powder shall certain developing countries and international organi­ bear the following in letters at least one centimetre zations under the 1976 programme ^), as last high : amended by Regulation (EEC) No 201 7/76 (6), invita­ 'Skimmed-milk powder non-enriched / Gift of the tions to tender must be issued for the delivery costs in European Economic Community / For free distribu­ respect of these quantities ; tion .' Whereas the tendering procedure should essentially be that laid down in similar cases ; Article 2 Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ 1 . The Irish intervention agency shall frame a ment Committee for Milk and Milk Products , notice of invitation to tender which shall be published in the Official Journal of the European Communities (') OJ No L 148 , 28 . 6 . 1968 , p . 13. not less than 10 days before the closing date for the (2 ) OJ No L 67, 15. 3 . 1976, p . 9 . submission of tenders . (3) OJ No L 146, 4. 6 . 1976 , p . 5. 4) OJ No L 224, 16 . 8 . 1976, p . 2 . (5) OJ No L 146, 4 . 6 . 1976, p . 3 . ( 7) OJ No L 184, 29 . 7. 1968 , p . 24. (b) OJ No L 224, 16. 8 . 1976, p . 1 . (8) OJ No L 145, 6. 6. 1975, p. 17.

No L 297/20 Official Journal of the European Communities 28 . 10 . 76

2. The closing date for the submission of tenders 2. Subject as provided in paragraph 1 , the shall be 9 November 1976 at 12 noon . successful tenderer shall be the one whose offer, converted into units of account, is the lowest. Where two or more valid offers specifying identical amounts Article 3 are received, the award shall be made by drawing lots. 1 . Tenders, which shall be in writing, shall be 3 . The intervention agency shall immediately submitted either by delivery l?y hand to an interven­ inform each tenderer whether he has been awarded tion agency against acknowledgement of receipt or by the contract. registered letter addressed to an intervention agency. Intervention agencies may also authorize the use of telex . 4. Rights and obligations arising in connection with the invitation to tender shall not be transferable . 2. A tender shall be valid only if it relates to the entire quantity of a lot put out to tender. 5. The Irish intervention agency shall immediately inform the Commission of the successful tenderers' The tenderer shall specify in his tender whether it is name and address . valid for one or both lots put out to tender.

3 . The tender shall indicate inter alia : Article 7 (a) the name and address of the tenderer ; 1 . The successful tenderer shall deliver the skim­ (b) the port or ports of loading, chosen from among med-milk powder satisfying the requirements as to Community ports ; quality and packing referred to in Article 1 (3). (c) the price, exclusive of taxes, expressed in Irish pounds, at which the tenderer undertakes to 2. Delivery at the port of unloading shall be consid­ supply, in accordance with the specifications the ered as completed when the goods are actually depo­ entire quantity which is the subject of his tender. sited on the quayside or on board a lighter at the port Such price shall be inclusive of transport insurance of unloading. costs until the stage fixed for the delivery. 3 . The country of destination shall bear all expendi­ 4. A tender shall be valid only if the proof is given ture incurred after delivery including acceptance costs. before expiry of the period set for the submission of tenders that the security referred to in Article 4 has Article 8 been provided.

5. The tender may not be withdrawn . Any demurrage costs at the port of unloading attribu­ table to the recipient country shall be borne by it. The rates and other details concerning such costs shall be Article 4 laid down in the contract between the successful tenderer and the carrier and must have been previ­ 1 . The tendering and delivery security shall be two units of accdunt per metric ton of skimmed-milk ously agreed upon by the successful tenderer acting as Community agent and the country of destination's powder. agent. 2. It shall take the form , at the discretion of the Member State concerned, either of a cheque made out Article 9 in favour of the intervention agency, or of a bank 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 name of the vessel, the date of loading, the quantity Article 5 and the quality of the goods as recorded at the time of loading and the port of unloading. In the light of the tenders received and in accordance with the procedure laid down in Article 30 of Regula­ 2. The successful tenderer shall inform the country tion (EEC) No 804/68 a maximum price, expressed in of destination at least 10 clear days in advance of the units of account, shall be fixed or alternatively a deci­ expected date of arrival of the ship in the port of sion shall be taken to make no award . unloading.

Article 6 3 . The successful tenderer shall have included in the terms of the charter-party a provision stipulating 1 . A tender shall be refused if the price proposed , that the ship's captain shall inform the country of converted into units of account, is more than the destination at least 72 hours in advance of the ship's maximum price fixed for the lot in question . probable date of arrival in port.

28 . 10 . 76 Official Journal of the European Communities No L 297 / 21

Article10¶

1 . At the time of taking over, the successful The amount referred to in Article 3 (3) (c) shall be tenderer shall check that the quantity of skimmed­ paid only on production of the certificates provided milk powder collected satisfies the quantity to be for in Article 10 (2). supplied.

Moreover, he shall check that the packing of the skim­ med-milk powder satisfies the requirements fixed in Article 14 Article 1 (3). 2. On delivery effected within the meaning of Except in cases of force majeure, the successful Article 7 (2), the country of destination shall issue a tenderer shall accept all financial liability devolving certificate proving taking delivery of that quantity of upon the Community by reason of failure to load the skimmed-milk powder at the stage specified in Article skimmed-milk powder by the date specified in Article 1 (2).. 1 (6).

Article 11 Costs incurred by reason of failure to deliver the skim­ med-milk powder as a result of force majeure shall be 1 . Except in cases of force majeure, the tendering borne by the Irish intervention agency. and delivery security shall be released only if : (a) the tender has not been awarded ; (b) the tenderer : Article 15 — has not withdrawn his tender before the contract is awarded, No refund or compensatory amount (whether mone­ — has furnished the certificates provided for in tary or accession) shall be applicable in respect of Article 10 (2). skimmed-milk powder supplied under this Regula­ tion . 2. Release of the security shall take place immedi­ ately. Article 16 Article 12

In cases of force majeure, the selling intervention This Regulation shall enter into force on the day agency shall decide on the measures to be taken following its publication in the Official Journal of having regard to the circumstances invoked . the European Communities.

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

Done at Brussels, 27 October 1976 . For the Commission P.J. LARDINOIS Member of the Commission