31976R2980

9 . 12. 76 No L 340/ 11 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2980/76 of 8 December 1976 concerning the issue of an invitation to tender for the supply to Somalia, for use as food aid, of vitaminized skimmed-milk powder to be purchased on the Community market

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES, are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products, Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No HAS ADOPTED THIS REGULATION : 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (l), as last amended by Regulation (EEC) No 559/76 (2), and in Article 1 particular Article 7 (5) thereof,

Having regard to Council Regulation (EEC) No 1 . Tenders shall be invited in accordance with 1298/76 of 1 June 1976 laying down general rules for Regulations (EEC) No 1298/76 and (EEC) No the supply of skimmed-milk powder, as food aid, to 2018/76 for the costs of supplying to Somalia a lot of certain developing countries and certain international 1 000 metric tons of vitaminized skimmed-milk organizations under the 1976 programme ^), as powder bought on the Community market and amended by Regulation (EEC) No 2017/76 (4), and in divided into two lots of 500 metric tons . particular Article 6 thereof, * 2. Delivery shall be effected at the port of Whereas Council Regulation (EEC) No 2018/76 of 27 unloading of Mogadishu. July 1976 on the additional supply of skimmed-milk powder as food aid to certain developing countries, 3 . Loading shall take place as soon as possible and international organizations and non-governmental not later than 31 March 1977 . organizations under the 1976 programme ^) provides inter alia for 2 150 metric tons of skimmed-milk powder to be made available to Somalia ; whereas this 4. The skimmed-milk powder shall meet : country has requested the supply of 1 000 metric tons of vitaminized skimmed-milk powder ; — as to quality, the requirements set out in the Annex to this Regulation, Whereas Article 2 (2) of Regulation (EEC) No 1298 /76 — as to packing, the requirements set out in Annex I provides that if there is enough skimmed-milk to Commission Regulation (EEC) No 1108/68 of powder available in public stocks with the characteris­ 27 July 1968 on detailed rules of application for tics necessary for the particular destination where this public storage of skimmed-milk powder (6), as last requires, in particular, the addition of vitamins, amended by Regulation (EEC) No 1457/75 (7). supplies shall be obtained by purchase on the Commu­ nity market ; 5. The successful tenderer shall deliver, as a supple­ ment, 5 % empty bags similar to those containing the Whereas Article 5 of Regulation (EEC) No 1298/76 goods. He shall undertake to have these bags provides that for the purpose of the supply and ship­ mentioned on the bill of loading. ment of skimmed-milk powder invitations to tender are to be issued ; 6. The packing of the skimmed-milk powder shall bear a marking in letters at least one centimetre high Whereas the procedure to be adopted for this indicating : tendering should in the main be the procedure used hitherto in similar cases ; 'Skimmed-milk powder enriched with vitamins A and D / Gift of the European Economic Community / For (1) OJ No L 148 , 28 . 6. 1968 , p. 13 . free distribution '. (2) OJ No L 67, 15. 3. 1976, p. 9 . (3) OJ No L 146, 4. 6. 1976, p. 3 . («) OJ No L 224, 16. 8 . 1976, p. 1 . (6) OJ No L 184, 29 . 7. 1968 , p. 34. (») OJ No L 224, 16. 8 . 1976, p. 2. 7) OJ No L 145, 6. 6. 1975, p. 17.

No L 340/ 12 Official Journal of the European Communities 9 . 12 . 76

Article 2 tion (EEC) No 804/68 a maximum price, expressed in units of account, shall be fixed or alternatively a deci­ 1 . The intervention agencies shall frame a notice of sion shall be taken to make no award. invitation to tender which shall be published in the Official Journal of the European Communities not less than 10 days before the closing date for the Article 6 submission of tenders.

2. The closing date for the submission of tenders 1 . A tender shall be refused if the price proposed, shall be 11 January 1976 at 12 noon. converted into units of account, is more than the 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 acknowledgement 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 t<? different telex . intervention agencies, the award shall be made by the intervention agency selected in accordance with the 2. A tender is only valid if it covers the total quan­ procedure referred to in Article 5. tity of a lot offered for tender. The tenderer shall specify in his tender for how many lots it is valid. 3 . The intervention agency shall immediately inform each tenderer whether he has been awarded 3 . The tender shall indicate inter alia : the contract. (a) the name and address of the tenderer ; (b) the port or ports of loading, chosen from among 4. Rights and obligations arising in connection with the invitation to tender shall not be transferable . Community ports ; (c) the price, exclusive of taxes, expressed in the currency of the Member State in which the tender 5. The intervention agencies shall immediately inform the Commission of the successful tenderer's is presented, at which the tenderer undertakes to name and address . supply, in accordance with the specifications, the entire quantity which is the subject of his tender. Such price shall be inclusive of transport insur­ Article 7 ance costs of the stage referred to in Article 1 (2) for delivery. 1 . The successful tenderer shall deliver a quantity 4. A tender shall be valid only if proof is given of skimmed-milk powder satisfying the requirements before expiry of the period set for the submission of as to quality and packaging referred to in Article 1 (4). tenders that the security referred to in Article 4 has been provided. 2. Delivery at the port of unloading shall be consid­ 5. No tender may be withdrawn . ered as completed when the goods are actually depo­ sited on the quayside or on board a lighter at the port of unloading. Article 4 3 . The country of destination shall bear all expendi­ 1 . The tendering and delivery security shall be 20 ture incurred after delivery including acceptance costs. units of account per metric ton of skimmed-milk powder.

2. It shall take the form , at the discretion of the Article 8 Member State concerned, either of a cheque made out in favour of the intervention agency, or of a bank Any demurrage costs at the port of unloading attribu­ guarantee which satisfies the criteria fixed by the table to the recipient country shall be borne by it. The Member State . rates and other details concerning such costs shall be laid down in the contract between the successful Article 5 tenderer and the carrier and must have been previ­ ously agreed upon by the successful tenderer acting as In the light of the tenders received and in accordance Community agent and the country of destination's with the procedure laid down in Article 30 of Regula­ agent .

9 . 12. 76 Official Journal of the European Communities No L 340/ 13

Article 9 Section 104 shall be completed by deleting as neces­ sary and entering against the second indent one of the 1 . The intervention agency concerned shall as soon following endorsements : as possible notify the country of destination of the name of the vessel, the date of loading, the quantity — 'Delivery of skimmed-milk powder as food aid and the quality of the goods as recorded at the time of (Regulation (EEC) No 2980/76) to be shipped loading and the port of unloading. from the port of . . — 'Livraison de lait écrémé en poudre à titre d aide 2. The successful tenderer shall inform the country alimentaire (règlement (CEE) n0 2980/76) destinée of destination at least 10 clear days in advance of the à être embarquée au port de . . expected date of arrival of the ship in the port of unloading. The successful tenderer shall have included — Lieferung von Magermilchpulver als Nahrungsmit­ in the terms of the charter-party a provision stipu­ telhilfe (Verordnung (EWG) Nr. 2980/76) zur Vers­ lating that the ship's captain shall inform the country chiffung im Hafen von . . . bestimmt', of destination at least 72 hours in advance of the — Fornitura di latte scremato in polvere a titolo di ship's probable date of arrival in port. aiuto alimentare (regolamento (CEE) n. 2980/76) destinata ad essere imbarcata nel porto di . . Article 10 — Levering van magere-melkpoeder als voedselhulp 1 . The competent agency of the Member State in (Verordening (EEG) nr. 2980/76) bestemd om te which the contract is awarded shall check that the worden verscheept in de haven van . . skimmed-milk powder in question satisfies the requir­ — Levering af skummetmælkspulver som fødeva­ ements as to quality and packaging referred to in rehjælp (forordning (EØF) nr. 2980/76) bestemt til Article 1 (4). lastning i havnen i . . .'.

2. If the goods are found to satisfy those require­ ments, the agency shall, before completion of the Article 12 customs formalities referred to in Article 11 ( 1 ), provide the successful tenderer with a certificate to 1 . Except in cases of force majeure, the tendering that effect. and delivery security shall be released only if : 3. On delivery the country of destination shall issue (a) the tender has not been accepted ; a certificate proving taking delivery of the goods, (b) the tenderer : stating that delivery of that quantity of skimmed-milk powder as well as the empty bags referred to in Article — has not withdrawn his tender before the 1 (5) have been taken at the stage specified in Article contract is awarded, 1 (2). — has furnished the certificates provided for in Article 10 (2) and (3). Article 11 2. Release of the security shall take place immedi­ 1 . Customs export formalities shall be carried out ately. in the Member State in which the award of contract is made . Article 13 2. If the port of loading specified in the tender is situated in a Member State other than that in which In cases of force majeure, the intervention agency the customs export formalities are carried out, the shall decide on the measures to be taken having goods shall, on completion of such formalities, be regard to the circumstances invoked. placed under customs control with the object of ensuring that they are loaded at the port specified in the tender. Article 14 Proof of loading can be furnished only by production The amount referred to in Article 3 (3) (c) shall be of the control copy referred to in Article 1 of Commis­ paid only on production of the certificates provided sion Regulation (EEC) No 2315/69 of 19 November for in Article 10 (2) and (3). 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 ('), as Article 15 amended by Regulation (EEC) No 690/73 (2). Sections 101 , 103 and 104 of the control copy shall be Except in cases of force majeure, the successful completed. tenderer shall accept all financial liability devolving upon the Community by reason of failure to load the ( i ) OJ No L 295, 24. 11 . 1969, p. 14. skimmed-milk powder by the date specified in Article (2 OJ No L 66, 13 . 3 . 1973, p. 23 . 1 (3).

No L 340 / 14 Official Journal of the European Communities 9 . 12. 76

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 in which the award of contract is made . Article 17 Article 16 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, 8 December 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 : 015% 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 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 100 g (bb) vitamin D : 500 i.u . per 100 g