31977R0160

No L 23 /38 Official Journal of the European Communities 27 . 1 . 77

COMMISSION REGULATION ( EEC) No 160 / 77 of 25 January 1977 on the issue of an invitation to tender for the supply to Mauritius, for use as food aid, of vitaminized skimmed-milk powder to be bought on the Community market

THE COMMISSION OF THE EUROPEAN Whereas Article 5 of Regulation (EEC) No 1298 /76 COMMUNITIES , provides that for the purpose of the supply and ship­ ment of skimmed-milk powder invitations to tender are to be issued ; Having regard to the Treaty establishing the European Economic Community, Whereas the procedure to be adopted for this Having regard to Council Regulation (EEC) No tendering should in the main be the procedure used hitherto in similar cases ; 804/68 of 27 June 1968 on the common organization of the market in milk and milk products ( 1 ), as last amended by Regulation ( EEC) No 559 /76 (2), and in Whereas the measures provided for in this Regulation particular Article 7 (5) thereof, are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products, Having regard to 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 certain developing countries and international organi­ HAS ADOPTED THIS REGULATION : zations under the 1976 programme (3 ), as amended by Regulation (EEC) No 201 7/76 (4), and in particular Article 6 thereof, Article 1

Whereas Council Regulation ( EEC) No 1299 /76 of 1 1 . Tenders shall be invited in accordance with the June 1976 on the supply of skimmed-milk powder as provisions of Regulations (EEC) No 1298 /76, (EEC) food aid to certain developing countries and interna­ No 1299/76 and (EEC) No 2018 /76, for the costs of tional organizations under the 1976 programme ^), supplying a lot of 500 tonnes of vitaminized skimmed­ provides inter alia for 200 tonnes of skimmed-milk milk powder bought on the Community market for powder to be made available to Mauritius ; Mauritius . Whereas Council Regulation (EEC) No 2018/76 of 27 2 . The skimmed-milk powder shall meet : July 1976 on the additional supply of skimmed-milk powder as food aid to certain developing countries, — as to . quality, the requirements set out in the international organizations and non-governmental Annex to this Regulation , organizations under the 1976 programme (6), provides inter alia for 800 tonnes of skimmed-milk powder to — as to packaging, the requirements set out in be made available to Mauritius ; whereas this country Annex 1 to Commission Regulation (EEC) No has requested the delivery of 500 tonnes of vitami­ 1108 / 68 of 27 July 1968 on detailed rules for nized skimmed-milk powder in which 300 tonnes public storage of skimmed-milk powder (7), as last shall be delivered in accordance with Regulation amended by Regulation ( EEC) No 1457/76 (8). ( EEC) No 2018 /76 ; 3 . In addition the successful tenderer shall supply Whereas Regulation (EEC) No 1298 /76 provides in 5 % empty bags identical to those containing the Article 2 (2) that, if the amounts of skimmed-milk goods . powder in public stocks do not have the characteris­ tics necessary for their particular destination where 4 . The packaging of the skimmed-milk powder this requires, in particular, the addition of vitamins, shall bear the following inscription in letters at least supply shall be ensured by the buying-in of skimmed­ one centimetre high : milk powder on the Community market ; ' Lait écréme en poudre vitaminé/ Don de la Commu­ (') OJ No L 148 , 28 . 6 . 1968 , p . I V nauté économique européenne à l'île Maurice/À distri­ (2 ) OJ No L 67, 15 . 3 . 1976 , p . 9 . buer gratuitement'. P) OJ No L 146 , 4 . 6 . 1976 , p . 3 . (4) OJ No L 224, 16 . 8 . 1976. p . 1 . (5) OJ No L 146, 4 . 6 . 1976, p . 5 . ( 7) OJ No L 184, 29 . 7 . 1968 , p . 34 . (*) OJ No L 224, 16 . 8 . 1976, p . 2 . ( 8) OJ No L 145 , 6 . 6 . 1975, p . 17 .

27 . 1 . 77 Official Journal of the European Communities No L 23 / 39

Article 2 2 . It shall take the form , at the discretion of the Member State concerned, either of a cheque made out 1 . Delivery shall be effected to a French port desig­ in favour of the intervention agency, or of a bank nated in the tender accessible for ocean-going ships guarantee which satisfies the criteria fixed by the having a regular service with the recipient country. Member State .

2. Delivery at the port of loading shall take place on a date fixed by the intervention agency concerned, Article 5 which must be after 1 and before 15 March 1977 .

3 . The time limit for the submission of tenders In the light of the tenders received and in accordance shall be 8 February 1977 at 12 noon . with the procedure laid down in Article 30 of Regula­ tion ( EEC) No 804/68 a maximum amount, expressed in units of account, shall be fixed or alternatively a Article 3 decision 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 Article 6 Official Journal of the European Communities not less than 10 days before the closing date for the submission of tenders . 1 . A tender shall be refused if the price proposed, converted into units of account, is more than the 2. Tenders, which shall be in writing, shall be maximum price fixed for the lot in question . submitted either by delivery by hand to an interven­ tion agency against acknowledgment of receipt or by 2 . Subject as provided in paragraph 1 , the registered letter to an intervention agency. Interven­ successful tenderer shall be the one whose offer, tion agencies may also authorize the use of telex . converted into units of account , is the lowest . Where two or more valid offers specifying identical amounts, 3 . The tender may only be submitted to the inter­ as converted into units of account, are received by a vention agency of the Member State on whose terri­ given intervention agency, the award shall be made by tory the manufacture of the vitaminized skimmed­ drawing lots. Where such offers are made to different milk powder and its packaging, in accordance with intervention agencies , the award shall be made by the Article 1 (2), take place. intervention agency selected in accordance with the procedure referred to in Article 5 . 4 . A tender shall be valid only if it relates to the whole of the lot put up for tender. 3 . The intervention agency shall immediately inform each tenderer whether he has been awarded 5 . The tender shall indicate inter alia : the contract . (a) the name and address of the tenderer ; 4 . Rights and obligations arising in connection (b) the port of embarkation chosen in accordance with the invitation to tender shall not be transferable . with Article 2 ( 1 ) ; (c) 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 entire quantity to which his tender relates .

Such price shall be inclusive of transport insur­ Article 7 ance costs to the stage for delivery. 1 . The successful tenderer shall deliver at the port 6 . A tender shall be valid only if the proof is given designated in Article 2 ( 1 ) and on the date fixed by before expiry of the period set for the submission of the recipient country the quantity of skimmed-milk tenders that the security referred to in Article 4 has powder meeting the requirements as regards quality been provided . and packaging laid down in Article 1 (2). Any sche­ dule for instalment deliveries shall be fixed by the 7 . No tender may be withdrawn . recipient country's agent in agreement with the successful tenderer . Article 4 2 . The goods shall be regarded as delivered when 1 . The tendering and delivery security shall be 20 they are deposited at the place of exportation at the units of account per tonne of skimmed-milk powder. point designated by the recipient country or its agent.

No L 23 / 40 Official Journal of the European Communities 27 . 1 . 77

Article 8 — Magere-melkpoeder als voedselhulp (Verordening (EEG) nr. 160/77) bestemd om te worden geleverd 1 . The competent agency of the Member State in in de haven van . . which the contract is awarded shall check that the — 'Skummetmælkspulver som fødevarehjælp skimmed-milk powder in question satisfies the requir­ (forordning (EØF) nr. 160/77) bestemt til levering i ements as to quality and packaging referred to in havnen i Article 1 (2).

2 . If the goods are found to satisfy those require­ Article 10 ments the agency shall , as referred to in Article 1 ( 2), provide the successful tenderer with a certificate to 1 . Except in cases of force majeure, the tendering that effect . security and delivery shall be released only if : 3 . Upon delivery of the goods at the port of embar­ (a) the tender has not been accepted ; kation, the recipient country's agent shall hand to the (b) the tenderer : successful tenderer acting as agent for the Community — has not withdrawn his tender before the a letter of acceptance . contract is awarded , This letter shall state that delivery of that quantity of — has furnished the certificates provided for in skimmed-milk powder as well as the empty bags Article 8 (2) and (3). referred to in Article 1 (3 ) have been taken at the stage specified in Article 2 ( 1 ). 2 . Release of the security shall take place immedi­ ately . Article 9 Article 11 If the tender has been submitted to the intervention agency of another Member State than that in which In cases of force majeure, the intervention agency the port of loading is situated the goods shall , on shall decide on the measures to be taken having completion of the control referred to in Article 8 ( 1 ), regard to the circumstances invoked. be placed under customs control with the object of ensuring that they are delivered at the port specified Article 12 in Article 2 ( 1 ). Proof of delivery to the port of loading can be The amount referred to in Article 3 (5) (c) shall be furnished only by production of the control copy paid only on production of the certificate provided for referred to in Article 1 of Commission Regulation in Article 8 (2) and (3). ( EEC) No 2315 / 69 of 19 November 1969 on the use of Community transit documents for the purpose of Article 13 applying Community measures for verifying the use and/or destination of goods ('), as amended by Regula­ Except in cases of force majeure, the successful tion ( EEC) No 690 / 73 (2 ). tenderer shall accept all financial liability devolving upon the Community by reason of failure to load the Sections 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 enabled the delivery at Section 104 shall be completed by deleting as neces­ the place and by the time appointed. 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 — 'Skimmed-milk powder as food aid (Regulation borne by the competent agency of the Member State ( EEC) No 160/77) to be delivered at the port concerned . of . . — ' Lait écrémé en poudre à titre d aide alimentaire Article 14 (règlement (CEE) n0 160/77) destiné a être livré au port de . . .', No refund or compensatory amount (whether mone­ — ' Magermilchpulver als Nahrungsmittelhilfe tary or accession) shall be applicable in respect of the (Verordnung ( EWG) Nr. 160 / 77) zur Lieferung skimmed-milk powder supplied under this Regula­ tion . zum Hafen von . . . bestimmt ', — ' Latte scremato in polvere a titolo di aiuto aimen­ tare (regolamento (CEE) n . 160/77) destinato ad Article /5 essere consegnato 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 Euro bean Communities.

27 . 1 . 77 Official Journal of the European Communities No L 23 /41

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

Done at Brussels, 25 January 1977.

For the Commission Finn GUNDELACH Vice-President

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 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 minimum (bb) vitamin D : 500 i.u . per 100 g minimum