31976R3015

14. 12 . 76 Official Journal of the European Communities No L 344/ 15

COMMISSION REGULATION (EEC) No 3015/76 of 13 December 1976 concerning the repetition of an 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 purchased on the Community market

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

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

Having regard to Council Regulation (EEC) No 1 . Tenders shall be invited in accordance with the 804/68 of 27 June 1968 on the common organization provisions of Regulations (EEC) No 1298/76, (EEC) of the market in milk and milk products (] ), as last No 1299/76 and (EEC) No 2018/76, for the costs of amended by Regulation (EEC) No 559/76 (2), and in supplying to the Arab Republic of Egypt 1 000 metric particular Article 7 (5) thereof, tons of vitaminized skimmed-milk powder bought on the Community market and divided into two lots of Having regard to Council Regulation (EEC) No 500 metric tons . 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 2. The skimmed-milk powder shall meet : zations under the 1976 programme ^), as amended by Regulation (EEC) No 201 7/76 (4), and in particular — as to quality, the requirements set out in the Article 6 thereof, Annex to this Regulation,

— as to packing, the requirements set out in Annex I Whereas in accordance with Council Regulation to Commission Regulation (EEC) No 1108/68 of (EEC) No 1299/76 of 1 June 1976 on the supply of 27 July 1968 on detailed rules on application for skimmed-milk powder as food aid to certain deve­ public storage of skimmed-milk powder (8), as last loping countries and international organizations under amended by Regulation (EEC) No 1 457/75 (9). the 1976 programme ^), and Council Regulation (EEC) No 2018/76 of 27 July 1976 on the additional supply of skimmed-milk powder as food aid to certain 3. The successful tenderer shall deliver, as a supple­ developing countries, international organizations and ment, 5 % empty bags similar to those containing the non-governmental organizations under the 1976 goods. programme (6), Commission Regulation (EEC) No 2357/76 of 29 September 1976 (7), provided inter alia for an invitation to tender for 1 000 metric tons of 4. The packaging of the skimmed-milk powder vitaminized skimmed-milk powder for the Arab Repu­ shall bear the following inscription in letters at least 1 blic of Egypt ; whereas this tender had to be cm high : cancelled ; whereas a new invitation to tender shall be issued ; 'Skimmed-milk powder, enriched with vitamins A and D — Gift of the European Economic Community to Whereas the procedure to be adopted for this tender Egypt — For free distribution .' should in the main be the one specified in Regulation (EEC) No 2357/76 ;

Whereas the measures provided for in this Regulation Article 2 are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products, 1 . Delivery shall be effected from a port designated ') OJ No L 148, 28 . 6. 1968, p. 13 . in the tender, chosen from among Community ports 2) OJ No L 67, 15. 3 . 1976, p. 9 . accessible for ocean-going ships and having a regular 3) OJ No L 146, 4. 6. 1976, p. 3 . line to Alexandria . 4) OJ No L 224, 16. 8 . 1976, p. 1 . ») OJ No L 146, 4. 6. 1976, p. 5. *) OJ No L 224, 16. 8 . 1976, p. 2. (8) OJ No L 184, 29 . 7. 1968, p. 34. A OJ No L 267, 30. 9. 1976, p. 19. (») OJ No L 145, 6. 6. 1975, p. 17/

No L 344/ 16 Official Journal of the European Communities 14 . 12 . 76

2. Delivery at the port of shipment shall take place Article 6 on a date fixed by the intervention agency concerned and which must be after 15 and before 31 March In the light of the tenders received and in accordance 1977 . with the procedure laid down in Article 30 of Regula­ tion (EEC) No 804/68 a maximum amount, expressed 3 . The time limit for the submission of tenders in units of account, shall be fixed or alternatively a expires on 11 January 1977 at 12 noon . decision shall be taken to make no award .

Article J Article 7

The intervention agencies shall frame a notice of invi­ 1 . A tender shall be refused if the price proposed, tation to tender which shall be published in the Offi­ converted into units of account, is more than the cial Journal of the European Communities not less maximum price fixed for the lot in question . than 10 days before the closing date for the submis­ sion of tenders . 2. Subject as provided in paragraph 1 , the successful tenderer shall be the one whose offer, Article 4 converted into units of account, is the lowest. Where two or more valid offers specifying identical amounts, as converted into units of account, are received by a 1 . Tenders, which shall be in writing shall be submitted either by delivery by hand to an interven­ given intervention agency, the award shall be made by drawing lots. Where such offers are made to different tion agency against acknowledgement of receipt or by intervention agencies, the award shall be made by the registered letter to an intervention agency. Interven­ intervention agency selected in accordance with the tion agencies may also authorize the use of telex. procedure referred to in Article 6. 2. A tender shall be valid only if it relates to the entire quantity of a lot put out to tender. The tenderer 3 . The intervention agency shall immediately inform each tenderer whether he has been awarded shall make precise in his tender for how many lots it is valid . the contract .

3 . 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 . supply, under the stipulated conditions, the total quantity to which his tender relates. Article 8 Such price shall be inclusive of transport insur­ ance costs to the stage for delivery. 1 . The successful tenderer shall deliver at the port designated in the tender and on the date fixed by the 4. A tender shall be valid only if the proof is given recipient country the quantity of skimmed-milk before expiry of the period set for the submission of powder meeting the requirements as regards quality tenders that the security referred to in Article 5 has and packaging laid down in Article 1 (2). Any sche­ been provided. dule for instalment deliveries shall be fixed by the recipient country's agent in agreement with the 5 . No tender may be withdrawn . successful tenderer .

Article 5 2. The goods shall be regarded as delivered when they are deposited at the place of exportation at the point designated by the recipient country or its agent. 1 . The tendering and delivery security shall be 20 units of account per metric ton of skimmed-milk powder. Article 9 2 . It shall take the form , at the discretion of the Member State concerned, either of a cheque made out Upon delivery of the goods at the port of embarka­ in favour of the intervention agency, or of a bank tion , the recipient country's agent shall hand to the guarantee which satisfies the criteria fixed by the successful tenderer acting as agent for the Community Member State . a letter of acceptance.

14. 12. 76 Official Journal of the European Communities No L 344/ 17

Article 10 — 'Levering van magere-melkpoeder als voedselhulp Verordening (EEG) nr. 3015/76) bestemd om te 1 . The competent agency of the Member State in worden verscheept in de haven van . . ; which the contract is awarded shall check that the — 'Levering af skummetmælkspulver som fødeva­ skimmed-milk powder in question satisfies the requir­ rehjælp (forordning (EØF) nr. 3015/76) bestemt til ements as to quality and packaging laid down in lastning i havnen i . . .'. Article 1 (2).

2. If the goods are found to satisfy those require­ Article 12 ments the agency shall, before completion of the customs formalities referred to in Article 11 ( 1 ), 1 . Except in cases of force majeure, the tendering provide the successful tenderer with a certificate to security shall be released only if : that effect. (a) the tender has not been accepted ; 3 . On delivery the recipient country shall issue a (b) the tenderer : certificate stating that delivery of that quantity of — has not withdrawn his tender before the skimmed milk as well as the empty bags referred to in contract is awarded, Article 1 (3) have been taken at the stage specified in Article 2 ( 1 ). — has furnished the certificate provided for in Article 10 (2) and (3).

Article 11 2. Release of the security shall take place immedi­ ately. 1 . Customs export formalities shall be carried out 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 In cases of force majeure, the intervention agency situated in a Member State other than that in which shall decide on the measures to be taken having the customs export formalities are carried out, the regard to the circumstances invoked. goods shall, on completion of such formalities, be placed under customs control with the object of Article 14 ensuring that they are loaded at the port specified in the tender. The amount referred to in Article 4 (3) (b) shall be paid only on production of the certificate provided for Proof of loading can be furnished only by production in Article 10 (2) and (3). of the control copy referred to in Article 1 of Commis­ sion Regulation (EEC) No 2315/69 of 19 November 1969 on the use of Community transit documents for Article 15 the purpose of applying Community measures for veri­ fying the use and/or destination of goods ('), as Except in cases of force majeure, the successful amended by Regulation (EEC) No 690/73 (2). tenderer shall accept all financial liability developing upon the Community by reason of failure to load the Sectioi* 101 , 103 and 104 of the control copy shall be skimmed-milk powder at the place and in due time, completed. the recipient country having effected the delivery at the place and by the time appointed. Section 104 shall be completed by deleting as neces­ sary and entering against the second indent one of the Costs incurred by reason of failure to deliver the skim­ following endorsements : med-milk powder as a result of force majeure shall be — 'Delivery of skimmed-milk powder as food aid borne by the competent agency of the Member State concerned . (Regulation (EEC) No 3015/76) to be shipped from the port of . . ; — 'Livraison de lait écrémé en poudre à titre d aide Article 16 alimentaire (règlement (CEE) n0 3015/76) destinée a être embarquée au port de . . .' ; No refund or compensatory amount (whether mone­ — 'Lieferung von Magermilchpulver als Nahrungsmit­ tary or accession) shall be applicable in respect of telhilfe (Verordnung (EWG) Nr. 3015/76) zur Vers­ skimmed-milk powder supplied under this Regula­ tion . chiffung im Hafen von . . . bestimmt' ; — 'Fornitura di latte scremato in polvere a titolo di aiuto alimentare (regolamento (CEE) n . 3015/76) Article 17 destinata ad essere imbarcata nel porto di . . .' ; This Regulation shall enter into force on the day (') OJ No L 295, 24. 11 . 1969, p. 14. following its publication in the Official Journal of (2 OJ No L 66, 13 . 3 . 1973, p. 23 . the European Communities.

No L 344/ 18 Official Journal of the European Communities 14. 12. 76

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

Done at Brussels, 13 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 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 i.u . per 100 g (bb) vitamin D : 500 i.u . per 100 g