31977R0252

5 . 2 . 77 Official Journal of the European Communities No L 34/ 37

COMMISSION REGULATION ( EEC) No 252/77 of 2 February 1977 concerning the issue of an invitation to tender for the supply to Honduras, for use as food aid, of vitaminized skimmed-milk powder to be purchased 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 tendering should in the main be the procedure used Having regard to Council Regulation (EEC) No hitherto in similar cases ; 804/68 of 27 June 1968 on the common organization of the market in milk and milk products ('), as last Whereas the measures provided for in this Regulation amended by Regulation (EEC) No 559/76 (2), and in are in accordance with the opinion of the Manage­ particular Article 7 (5) thereof, 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 HAS ADOPTED THIS REGULATION . certain developing countries and certain international organizations under the 1976 programme (3), as amended by Regulation ( EEC) No 201 7/76 (4), and in particular Article 6 thereof, Article 1

1 . Tenders shall be invited in accordance with Whereas Council Regulation ( EEC) No 1299/ 76 of 1 June 1976 on the supply of skimmed-milk powder Regulations ( EEC) No 1298 /76, ( EEC) No 1299/76 under the 1976 food-aid programme to certain deve­ and ( EEC) No 2018 / 76 for the costs of supplying to Honduras of 1 000 tonnes of vitaminized skimmed­ loping countries and international organizations (5 ), provides, inter alia, for the supply to Honduras of milk powder bought on the Community market and divided into two lots of 500 tonnes . 800 tonnes of skimmed-milk powder ;

2 . Delivery shall be effected at the port of Whereas Council Regulation ( EEC) No 2018 / 76 of 27 unloading of Puerto Cortes . July 1976 on the additional supply of skimmed-milk powder as food aid to certain developing countries, international organizations and non-governmental 3 . Loading shall take place as soon as possible and not later than VI March 1977 . organizations under the 1976 programme ( 6) provides, inter alia, for 200 tonnes of skimmed-milk powder to be made available to Honduras ; whereas this country 4 . The skimmed-milk powder shall meet : has requested the supply of 1 000 tonnes of vitami­ nized 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 ( 7), as last requires, in particular, the addition of vitamins , amended by Regulation ( EEC) No 1 457/75 (8). 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 ') OJ No L 148 , 28 . 6 . 1968 , p. 1 3 goods. He shall undertake to have these bags -') OJ No L 67 , 15 . .3 . 1976 , p. 9 . 3 ) Ol No L 146 , 4 . 6 . 1976 , p. 3 . mentioned on the bill of loading. 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. ,U. 6) OJ No L 224 , 16 . 8 . 1976 , p. 2 . ( s ) OJ No L I4S , 6 . 6 . 1975 , p. 17 .

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6. The packing of the skimmed-milk powder shall 2. It shall take the form , at the discretion of the bear a marking in letters at least one centimetre high Member State concerned, either of a cheque made out indicating : in favour of the intervention agency, or of a bank guarantee which satisfies the criteria fixed by the ' Leche desnatada en polvo con vitaminas 'A' y vita­ Member State . minas ' D' / Donacion de la comunidad economica europea al Honduras / Destinado a la distribution gratuita'. Article 5

Article 2 In the light of the tenders received and in accordance with the procedure laid down in Article 30 of Regula­ 1 . The intervention agencies shall frame a notice of tion (EEC) No 804/68 a maximum price, expressed in invitation to tender which shall be published in the units of account, shall be fixed or alternatively a deci­ sion shall be taken to make no award . Official Journal of the European Communities not less than 10 days before the closing date for the submission of tenders . Article 6 2. The closing date for the submission of tenders shall be 22 February 1977 at 12 noon . 1 . A tender shall be refused if the price proposed, 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 1 . Tenders, which shall be in writing, shall be successful tenderer shall be the one whose offer, submitted either by delivery by hand to an interven­ converted into units of account, is the lowest, ^here tion agency against acknowledgement of receipt or by two or more valid offers specifying identical amounts, registered letter addressed to an intervention agency. as converted into units of account, are received by a 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. 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 5. The intervention agencies shall immediately currency of the Member State in which the tender 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 of skimmed-milk powder satisfying the requirements 4. A tender shall be valid only if proof is given as to quality and packaging referred to in Article 1 (4). before expiry of the period set for the submission of tenders that the security referred to in Article 4 has been provided . 2. Delivery at the port of unloading shall be consid­ ered as completed when the goods are actually 5 . No tender may be withdrawn . removed from the hold of the ship at the port of unloading.

Article 4 3 . The country of destination shall bear all expendi­ ture incurred after delivery of the goods, including 1 . The tendering and delivery security shall be 20 unloading costs (such as unstowing, hoisting and units of account per tonne of skimmed-milk powder. acceptance) as well as possible lighter costs .

5 . 2 . 77 Official Journal of the European Communities No L 34/39

Article 8 placed under customs control with the object of ensuring that they are loaded at the port specified in the tender. Any demurrage costs or dispatch money shall be payable by or to the recipient country. The rates and Proof of loading can be furnished only by production other details concerning such costs shall be laid down in the contract between the successful tenderer and of the control copy referred to in Article 1 of Commis­ the carrier and must have been previously agreed sion Regulation (EEC) No 2315/69 of 19 November 1969 on the use of Community transit documents for upon by the successful tenderer acting as Community the purpose of applying Community measures for veri­ agent and the country of destination's agent. fying the use and/or destination of goods ('), as amended by Regulation (EEC) No 690/73 (2). Article 9 Sections 101 , 103 and 104 of the control copy shall be completed . 1 . The intervention agency concerned shall as soon as possible notify the country of destination of the Section 104 shall be completed by deleting as neces­ name of the vessel, the date of loading, the quantity sary and entering against the second indent one of the and the quality of the goods as recorded at the time of following endorsements : loading. — ' Delivery of skimmed-milk powder as food aid (Regulation ( EEC) No 252/77) to be shipped from 2 . The successful tenderer shall inform the country the port of . . .', of destination at least 10 clear days in advance of the expected date of arrival of the ship in the port of — ' Livraison de lait écrémé en poudre a titre d'aide alimentaire (règlement (CEE) n° 252/77) destinée a unloading. The successful tenderer shall have included in the terms of the charter-party a provision stipu­ être embarquée au port de . . .', lating that the ship's captain shall inform the country — ' Lieferung von Magermilchpulver als Nahrungsmit­ of destination at least 72 hours in advance of the telhilfe (Verordnung (EWG) Nr. 252/77) zur Vers­ ship's probable date of arrival in port. chiffung im Hafen von . . . bestimmt', — ' Fornitura di latte scremato in polvere a titolo di aiuto alimentare (regolamento ( CEE) n . 252/77) Article 10 destinata ad essere imbarcata nel porto di . . — ' Levering van magere-melkpoeder als voedselhulp 1 . The competent agency of the Member State in (Verordening ( EEG) nr. 252/77) 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 — ' Levering af skummetmælkspulver som fødeva­ requirements as to quality and packaging referred to rehjælp (forordning ( E0F) nr. 252/77) bestemt til in 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 :

(a) the tender has not been accepted ; 3 . On delivery the country of destination shall issue (b) the tenderer : a certificate proving taking delivery of the goods, stating that delivery of that quantity of skimmed-milk — has not withdrawn his tender before the powder as well as the empty bags referred to in Article contract is awarded , 1 (5) have been taken at the stage specified in Article — has furnished the certificates provided for in 1 ( 2). Article 10 (2) and ( 3 ).

2 . Release of the security shall take place immedi­ Article 11 ately .

1 . Customs export formalities shall be carried out Article 13 in the Member State in which the award of contract is made . In cases of force majeure, the intervention agency shall decide on the measures to be taken having 2. If the port of loading specified in the tender is regard to the circumstances invoked . situated in a Member State other than that in which the customs export formalities are carried out , the (>) OJ No L 295 , 24 . 11 . 1969 , p. 14 . goods shall , on completion of such formalities , be ( 2 ) OJ No L 66, 13 . 3 . 1973 , p. 23 .

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Article 14 upon the Community by reason of failure to load the skimmed-milk powder by the date specified in Article 1 . The amount referred to in Article 3 (3) (c) shall 1 (3). be paid only on production of the certificates provided for in Article 10 (2) and (3). Costs incurred by reason of failure to deliver the skim­ 2. If, owing to circumstances beyond the control of med-milk powder as a result of force majeure shall be the undertaking responsible for the delivery, the borne by the competent agency of the Member State submission of the attestation of delivery referred to in in which the award of contract is made . Article 10 (3) is delayed , the competent agency may, on production of the supporting documents, grant and advance . Article 16 Such an advance may, however, not exceed 80 % of the sum agreed for the delivery and shall be paid only No refund or compensatory amount {whether mone­ subject to the undertaking concerned lodging a secu­ tary or accession) shall be applicable in respect of rity for the skimmed-milk powder shipped, in accor­ skimmed-milk powder supplied under this Regula­ dance with the conditions laid down in Article 1 (4), tion . (5) and (6), and having left the geographical territory of the Community, and if the undertaking furnished a security for the sum of the advance, raised by 10 % . Article 17

Article 7 5 This Regulation shall enter into force on the day Except in cases of force majeure, the successful following its publication in the Official Journal of tenderer shall accept all financial liability devolving the European Communities.

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

Done at Brussels, 2 February 1977 .

For the Commission

Finn GUNDELACH Vice-President

5 . 2 . 77 Official Journal of the European Communities No L 34/41

i AA /:A'

Skimmed-milk powder requirements (a) fat content : 1-5% maximum (b) water content : 4-0 % maximum (c) total acidity in lactic acid : 015% maximum ( 1 8 C 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, tree 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