31976R2909

1 . 12. 76 Official Journal of the European Communities No L 332/37

COMMISSION REGULATION (EEC) No 2909/76 of 30 November 1976 on the invitation to tenqer for the supply to UNICEF, for Vietnam, for use as food aid, of vitaminized skimmed-milk powder to be purchased on the Commu­ nity market

THE COMMISSION OF THE EUROPEAN tics necessary for the particular destination where this COMMUNITIES, requires, in particular, the addition of vitamins, supplies shall be obtained by purchase of skimmed­ milk powder on the Community market ; Having regard to the Treaty establishing the European Economic Community, Whereas Article 5 of Regulation (EEC) No 1298/76 provides that for the purposes of the supply and ship­ Having regard to Council Regulation (EEC) No ment of skimmed-milk powder, invitations to tender 804/68 of 27 June 1968 on the common organization are to be issued ; of the market in milk and milk products (t), as last amended by Regulation (EEC) No 559/76 (2), and in Whereas the procedure to be adopted for this particular Article 7 (5) thereof, tendering should in the main be the procedure used hitherto in similar cases ; Having regard to Council Regulation (EEC) No 1298/76 of 1 June 1976 laying down general rules for Whereas the measures provided for in this Regulation the supply of skimmed-milk powder under the 1976 are in accordance with the opinion of the Manage­ food-aid programme to certain developing countries ment Committee for Milk and Milk Products, and certain international organizations (}), as amended by Regulation (EEC) No 2017/76 (4), and in particular Article 6 thereof,

HAS ADOPTED THIS REGULATION : Whereas Council Regulation (EEC) No 1299/76 of 1 June 1976 on the supply of skimmed-milk powder as food aid to certain developing countries and interna­ Article 1 tional organizations under the 1976 programme ^), provides, inter alia, for the supply of 4 000 metric 1 . Tenders shall be invited in accordance with the tons of skimmed-milk powder to be made available to provisions of Regulations (EEC) No 1298/76, (EEC) UNICEF ; whereas the same Regulation provides for a reserve of 3 630 metric tons of skimmed-milk No 1299/76 and (EEC) No 1529/76, for the costs of delivering to UNICEF a lot of 735 metric tons of powder ; whereas, according to Council Regulation vitaminized skimmed-milk powder to be purchased (EEC) No 1529/76 of 2i June 1976 on the emergency on the Community market for Vietnam. supply of skimmed-milk powder to the United Nations Children's Fund as foocf aid for the people of Vietnam under Regulation (EEC) No 1 299/76 (6), 506 2. Delivery shall be effected at the port of metric tons of this reserve shall be allocated to the unloading Haiphong. United Nations Children's Fund for the people of Vietnam ; whereas this country has requested the 3. Shipping shall take place as soon as possible and supply of 735 metric tons of vitaminized skimmed­ not later than 15 February 1977. milk powder of which 229 metric tons remain to be supplied under Regulation (EEC) No 1299/76 and 506 4. The skimmed-milk powder shall meet : metric tons are to be supplied under Regulation (EEC) No 1529/76 ; — as to quality, the requirements set out in the Annex to this Regulation, Whereas Article 2 (2) of Regulation (EEC) No 1 298/76 — as to packaging, the requirements set out in the provides that, if there is not enough skimmed-milk Annex to Commission Regulation (EEC) No powder available in public stocks with the characteris­ 1 108/68 of 27 July 1968 on detailed rules of appli­ cation for public storage of skimmed-milk 0) OJ No L 148, 28 . 6. 1968r p. 13 . powder (7), as last amended by Regulation (EEC) (2) OJ No L 67, 15. 3. 1976, p. 9. No 1457/75 (8). (3) OJ No L 146, 4. 6. 1976, p. 3. (<) OJ No L 224, 16. 8 . 1976, p. 1 . (*) OJ No L 146, 4. 6. 1976, p. 5. (7) OJ No L 184, 29. 7. 1968, p. 24. (<) OJ No L 170, 29. 6. 1976, p. 3 . («) OJ No L 145, 6. 6. 1975, p. 17 .

No L 332/38 Official Journal of the European Communities 1 . 12. 76

The packaging of the skimmed-milk powder shall 2. It shall take the form, at the discretion of the bear in letters at least one centimetre high the Member State concerned, either of a cheque made out following inscription : in favour of the intervention agency, or of a bank guarantee which satisfies the criteria fixed by the Lait écrémé en poudre vitamine / don de la Commu­ Member State . nauté économique européenne à l'Unicef en faveur du peuple du Viêt-nam'.

5. The successful tenderer shall supply a further Article 5 5 % empty bags indentical to those containing the goods. He shall undertake to have these bags In the light of the tenders received and in accordance mentioned on the bill of lading. with the procedure laid down in Article 30 of Regula­ tion (EEC) No 804/68 a maximum price, expressed in Article 2 units of account, shall be fixed or alternatively a deci­ sion shall be taken to make no award . 1 . The intervention agencies shall draw up a notice of invitation to tender which shall be published in the Official Journal of the European Communities not Article 6 less than 10 days before the closing date for the submission of tenders . 1 . A tender shall be refused if the price proposed, 2. The closing date for the submission of tenders converted into units of account, is more than the shall be 14 December 1976 at 12 noon. maximum price fixed for the lot in question.

Article 3 2. Subject as provided in paragraph 1 , the successful tenderer shall be the one whose offer, 1 . Tenders, which shall be in writing, shall be converted into units of account, is the lowest. Where submitted either by delivery by hand to an interven­ two or more valid offers specifying identical amounts, tion agency against acknowledgment of receipt or by as converted into units of account, are received by a registered letter addressed to an intervention agency. given intervention agency, the award shall be made by Intervention agencies may also authorize the use of drawing lots. Where such offers are made to different telex. intervention agencies, the award shall be made by the intervention agency selected in accordance with the 2. The tender shall indicate inter alia : procedure referred to in Article 5. (a) the name and address of the tenderer ; (b) the port or ports of loading, chosen from among 3. The intervention agency shall immediately inform each tenderer whether he has been awarded Community ports ; the contract. (c) the price, exclusive of taxes, expressed in the currency of the Member State in which the tender is presented, at which the tenderer undertakes to 4. Rights and obligations arising in connection with the invitation to tender shall not be transferable . supply, in accordance with the specifications laid down in the Annex, the entire quantity of a lot put out to tender. 5. The intervention agencies shall immediately inform the Commission of the name and address of Such price shall be inclusive of transport insur­ the successful tenderer. ance costs to the stage referred to in Article 1 (2) for delivery.

3. A tender shall be valid only if : Article 7 (a) it relates to the entire quantity of a lot put out to tender ; 1 . The successful tenderer shall deliver a quantity of skimmed-milk powder satisfying the requirements (b) proof is given before expiry of the period set for as to quality and packaging laid down in Article 1 (4). the submission of tenders that the security referred to in Article 4 has been provided. 2. Delivery at the port of loading shall be 4. No tender may be withdrawn. completed when the goods are actually deposited on the quayside or on board a lighter at the port of unloading. Article 4

1 . The tendering and delivery security shall be 20 3. The recipient organization shall bear all expendi­ units of account per metric ton of skimmed-milk ture incurred after delivery, including acceptance powder. costs .

1 . 12. 76 Official Journal of the European Communities No L 332/39

Article 8 the customs export formalities are carried out, the goods shall, on completion of such formalities, be Any demmurrage costs at the port of unloading attrib­ placed under customs control with the object of utable to the recipient shall be borne by it. The rates ensuring that they are loaded at the port specified in the tender. and other details concerning such costs shall be laid down in the contract between the successful tenderer and the carrier and must have been previously agreed Pi oof of loading can be furnished only by production upon by the successful tenderer acting as Community of the control copy referred to in Article 1 of Commis­ agent and the recipient's delivery agent. sion Regulation (EEC) No 2315/69 of 19 November 1969 on the use of Community transit documents for the purpose of applying Community measures for veri­ fying the use and/or destination of goods (J), as Article 9 amended by Regulation (EEC) No 690/73 (2).

1 . The intervention agency concerned shall as soon Sections 101 , 103 and 104 of the control copy shall be as possible notify the recipient body of the name of completed. the vessel, the date of loading, the quantity and the quality of the goods as recorded at time of loading Section 104 shall be completed by deleting as neces­ and the port of unloading. sary and entering against the second indent one of the following endorsements : 2. The successful tenderer shall inform the recip­ ient at least 10 clear days in advance of the expected — 'Delivery of skimmed-milk powder as food aid date of arrival of the ship in the port of unloading. (Regulation (EEC) No 2909/76) to be shipped The successful tenderer shall have included in the from the port of . . ; terms of the charter-party a provision stipulating that — 'Livraison de lait écrémé en poudre à titre d aide the ship's captain shall inform the recipient at least 72 alimentaire (règlement (CEE n0 2909/76) destinée hours in advance of the ship's probable date of arrival à être embarquée au port de . . .' ; in port. — 'Lieferung von Magermilchpulver als Nahrungsmit­ telhilfe (Verordnung (EWG) Nr. 2909/76) zur Ver­ schiffung im Hafen von . . . bestimmt' ; Article 10 — 'Fornitura di latte scremato in polvere a titolo di aiuto alimentare (regolamento (CEE) n. 2909/76) 1 . The competent agency of the Member State in which the contract is awarded shall check that the destinata ad essere imbarcata nel porto di . . .' ; skimmed-milk powder in question satisfies require­ — 'Levering van magere-melkpoeder als voedselhulp ments as to quality and packaging referred to in (Verordening (EEG) nr. 2909/76) bestemd om te Article 1 (4). worden verscheept in de haven van . . .' ; — Levering af skummetmælkspulver som fødeva­ 2. If the goods are found to satisfy those require­ rehjælp (forordning (EØF) nr. 2909/76) bestemt til ments, the agency shall, before completion of the lastning i havnen i . . .'. customs formalities referred to in Article 11 ( 1 ), provide the successful tenderer with a certificate to that effect. Article 12

3. On delivery the recipient organization shall issue 1 . Except in cases of force majeure, the tendering a certificate proving taking delivery of the goods, and delivery security shall be released only if : stating that the delivery of that quantity of skimmed milk has been taken at the stage specified in Article (a) the tender has not been accepted ; 1 (2). (b) the tenderer : — has not withdrawn his tender before the contract is awarded, Article 11 — has furnished the certificates provided for in Article 10 (2) and (3). 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 (») OJ No L 295, 24. 11 . 1969, p. 14. situated in a Member State other than that in which (2) OJ No L 66, 13. 3. 1973, p. 23.

No L 332/40 Official Journal of the European Communities 1 . 12. 76

Article 13 Costs incurred by reason of failure to deliver the skim­ med-milk powder as a result of force majeure shall be In cases of force majeure the intervention agency shall borne by the competent agency of the Member State decide on the measures to be taken having regard to in which the award of contract is made. the circumstances invoked.

Article14¶

The amount referred to in Article 3 (2) (c) shall be No refund or compensatory amount (whether mone­ paid only on production of the certificates provided tary or accession) shall be applicable in respect of for in Article 10 (2) and (3). skimmed-milk powder supplied under this Regula­ tion . Article 15

Except in cases of force majeure, the successful Article 17 tenderer shall accept all financial liability devolving upon the Community by reason of failure to load the This Regulation shall enter into force on the day skimmed-milk powder by the date specified in Article following its publication in the Official Journal of 1 (3). the European Communities.

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

Done at Brussels, 30 November 1976. For the Commission

P.J. LARDINOIS Member of the Commission

ANNEX

I. Skimmed-milk powder requirements (a) fat content : 15 % 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.