31977R0312

16 . 2 . 77 Official Journal of the European Communities No L 44/ 5

COMMISSION REGULATION ( EEC) No 312/ 77 of 15 February 1977 on the invitation to tender for the supply to UNICEF, for various third countries for use as food aid, of vitaminized skimmed-milk powder to be purchased on the Community market

THE COMMISSION OF THE EUROPEAN Whereas the procedure to be adopted for this COMMUNITIES , tendering should in the main be the procedure used hitherto in similar cases ;

Having regard to the Treaty establishing the European Economic Community , Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products, Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products ('), as last amended by Regulation (EEC) No 559/76 (2), and in HAS ADOPTED THIS REGULATION : particular Article 7 ( 5) thereof,

Having regard to Council Regulation ( EEC) No A rtic/e 1 1298/76 of 1 June 1976 laying down general rules for the supply of skimmed-milk powder under the 1976 food-aid programme to certain developing countries 1 . Tenders shall be invited in accordance with the and certain international organizations (3), as amended provisions of Regulations (EEC) No 1298 /76 and by Regulation (EEC) No 2017/76 (4), and in particular ( EEC) No 2018 /76 for the costs of delivering to Article 6 thereof, UNICEF a lot of 4 125 tonnes of vitaminized skim­ med-milk powder to be purchased on the Community market, divided into lots , for the destinations listed in Whereas Council Regulation (EEC) No 2018 /76 of 27 Annex I to this Regulation . July 1976 on the additional supply of skimmed-milk powder as food aid to certain developing countries, international organizations and non-governmental 2 . The ports to which the deliveries are to be made , organizations under the 1976 programme (5), provides as well as the loading dates, are also listed in Annex I. inter alia for the supply of 1 1 000 tonnes of skim­ med-milk powder to be made available to UNICEF ; 3 . The skimmed-milk powder shall meet : whereas this organization has requested the supply of 4 125 tonnes of vitaminized skimmed-milk powder — as to quality, the requirements set out in Annex II for various third countries ; to this Regulation ,

— as to packaging, the requirements set out in the Whereas Article 2 (2) of Regulation ( EEC) No 1298/76 Annex to Commission Regulation ( EEC) No provides that, if there is not enough skimmed-milk 1 108 /68 of 27 July 1968 on detailed rules of appli­ powder available in public stocks with the characteris­ cation for public storage of skimmed-milk tics necessary for the particular destination where this powder (6), as last amended by Regulation (EEC) requires, in particular, the addition of vitamins , No 1 457/ 75 ( 7 ). supplies shall be obtained by purchase of skimmed­ milk powder on the Community market ; 4. The packaging of the skimmed-milk powder shall bear in letters at least one centimetre high the Whereas Article 5 of Regulation ( EEC) No 1298 /76 relevant inscription , as listed in Annex I. provides that for the purposes of the supply and ship­ ment of skimmed-milk powder, invitations to tender 5. The successful tenderer shall supply a further are to be issued ; 5 % empty bags identical to those containing the goods . He shall undertake to have these bags (') OJ No L 148 , 28 . 6 . 1968 , p. 13. mentioned on the bill of lading . (-') OJ No L 67, 15 . 3 . 1976, p. 9 . (5 ) OJ No L 146, 4 . 6 . 1976, p. 3 . (->) OJ No L 224, 16 . 8 . 1976 , p. I. (") OJ No L 184, 29 . 7 . 1968 , p. 24 . (5 ) OJ No L 224 , 16 . 8 . 1976 , p . 2 . ( 7 ) OJ No L 145 , 6 . 6 . 1975 , p. 17 .

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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 draw up a notice sion shall be taken to make no award . of 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 1 March 1977 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 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. Where tion agency against acknowledgment of recept 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 Intervention agencies may also authorize the use of given intervention agency, the award shall be made by telex . drawing lots. Where such offers are made to different intervention agencies, the award shall be made by the 2. A tender is only valid if it is made for the entire intervention agency selected in accordance with the quantity of a lot put up for tender. However, for lots procedure referred to in Article 5 . D and E, the tenderer shall specify for how many partial quantities his tender 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 Commu­ 4. Rights and obligations arising in connection nity ports ; with the invitation to tender shall not be transferable . (c) the price , exclusive of taxes, expressed in the currency of the Member State in which the tender 5. The intervention agencies shall immediately is presented , at which the tenderer undertakes to inform the Commission of the name and address of the successful tenderer. supply, in accordance with the specifications laid down , the entire quantity dealt with in his tender.

Such price shall be inclusive of transport insurance Article 7 costs to 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 laid down in Article 1 (3). tenders that the security referred to in Article 4 has been provided . 2. Delivery at the port of loading shall be completed when the goods are actually deposited on 5 . No tender may be withdrawn . the quayside or on board a lighter at the port of unloading. Article 4 3 . The recipient organization shall bear all expendi­ 1 . The tendering and delivery security shall be 20 ture incurred after delivery, including acceptance costs . units of account per tonne of skimmed-milk powder.

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

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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 recipient body of the name of Section 104 shall be completed by deleting as neces­ the vessel , the date of loading, the quantity and the sary and entering against the second indent one of the quality of the goods as recorded at the time of loading following endorsements : and the port of unloading. — ' Delivery of skimmed-milk powder as food aid 2 . The successful tenderer shall inform the recip­ (Regulation (EEC) No 312/77) to be shipped from ient at least 10 clear days in advance of the expected the port of . . ; date of arrival of the ship in the port of unloading. — ' Livraison de lait écrémé en poudre a titre d'aide The successful tenderer shall have included in the alimentaire (règlement (CEE) n° 312/77) destinée a terms of the charter-party a provision stipulating that être embarquée au port de . . ; the ship's captain shall inform the recipient at least 72 — ' Lieferung von Magermilchpulver als Nahrungsmit­ hours in advance of the ship's probable date of arrival telhilfe (Verordnung (EWG) Nr. 312/77) zur Vers­ in port . chiffung im Hafen von . . . bestimmt' ; — ' Fornitura di latte scremato in polvere a titolo di Article 10 aiuto alimentare (regolamento (CEE) n . 312/77) destinata ad essere imbarcata nel porto di . . ; 1 . The competent agency of the Member State in — ' Levering van magere-melkpoeder als voedselhulp which the contract is awarded shall check that the (Verordening (EEG) nr. 312/77) bestemd om te skimmed-milk powder in question satisfies require­ worden verscheept in de haven van . . .' ; ments as to quality and packaging referred to in Article 1 (3 ). — ' Levering af skummetmælkspulver som fødeva­ rehjælp (forordning (EØF) nr. 312/77) bestemt til 2 . If the goods are found to satisfy those require­ lastning i havnen i ments, the agency shall , before completion of the customs formalities referred to in Article 11 ( 1 ), Article 12 provide the successful tenderer with a certificate to that effect . 1 . Except in cases of force majeure, the tendering 3 . On delivery the recipient organization shall issue and delivery security shall be released only if : a certificate proving taking delivery of the goods , (a) the tender has not been accepted ; stating that the delivery of that quantity of skimmed milk has been taken at the stage specified in Article 1 (b) the tenderer : ( 2). — 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 situated in a Member State other than that in which Article 13 the customs export formalities are carried out, the goods shall , on completion of such formalities, be In cases of farce majeure, the intervention agency placed under customs control with the object of shall decide on the measures to be taken having ensuring that they are loaded at the port specified in regard to the circumstances invoked . the tender .

Article 14 Proof of loading can be furnished only by production of the control copy referred to in Article 1 of Commis­ sion Regulation ( EEC) No 23 1 5/ 69 of 19 November 1 . The amount referred to in Article 3 (3) (c) shall 1969 on the use of Community transit documents for be paid only on production of the certificates the purpose of applying Community measures for veri­ provided for in Article 10 (2) and (3). fying the use and /or destination of goods ('), as amended by Regulation ( EEC) No 690 / 73 ( : ). 2 . If, owing to circumstances beyond the control of the tenderer, the submission of the attestation of (') O ) No L 295 , 24 . I 1 . 1969 , p. 14 . delivery referred to in Article 10 (3 ) is delayed , the (-) OJ No L 66, I V 3 . 1973 , p. 23 . competent agency may grant an advance .

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Such an advance may, however, not exceed 80 % of Costs incurred by reason of failure to deliver the skim­ the sum agreed for the delivery and shall be paid only med-milk powder as a result of force majeure shall be subject to the undertaking concerned providing proof borne by the competent agency of the Member State that the skimmed-milk powder shipped complies with in which the award of contract is made . the conditions laid down in Article 1 (3) to (5) and has left the geographical territory of the Community and Article 16 if the undertaking furnishes a surety to the sum of the No refund or compensatory amount (whether mone­ advance, raised by 10 % . tary or accession) shall be applicable in respect of skimmed-milk powder supplied under this Regula­ Article 1 5 tion .

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 (2). the European Communities.

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

Done at Brussels, 15 February 1977 . For the Commission Finn GUNDELACH Vice-President

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ANNEX I

Lot Quantity Port of unloading Latest date of loading Inscription on the packaging

A 630 t Dar-Es-Salaam . 1 5 . 4 . 1 977 Vitaminized skimmed-milk powder / (Tanzania) Gift of the European Economic Cömmunity / Action of UNICEF

B 431 t Rangoon 15 . 4 . 1977 Vitaminized skimmed-milk powder / (Burma) Gift of the European Economic Community / Action of UNICEF

C 418 t Port Sudan 15 . 4 . 1977 Vitaminized skimmed-milk powder / (Sudan ) Gift of the European Economic Community / Action of UNICEF

D 1 000 t Haiphong 15 . 4 . 1977 Lait écrémé en poudre vitaminé / Don (2 p.q . of 500 t) (Vietnam) de la Communauté économique euro­ péenne / Action de l' Unicef

E 1 000 t Haiphong after 1 5 and before Lait écrémé en poudre vitaminé / Don (2 p.q . of 500 t) (Vietnam ) 31 May 1977 de la Communauté économique euro­ péenne / Action de l' Unicef

F 214 t Haiphong after 1 5 and before Lait écrémé en poudre vitaminé / Don (Vietnam ) 31 May 1977 de la Communauté économique euro­ péenne / Action de l' Unicef

G 432 t Aden 15 . 4 . 1977 Vitaminized skimmed-milk powder / (Yemen RDP) Gift of the European Economic Community / Action of UNICEF

ANNEX II

Skimmed-milk powder requirements

(a ) fnt content : 1-5% 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 ( 150 mg minimum ) ( i ) germ content : 50 000 per g maximum ( k ) colon bacillus titer : negative in 01 g ( I ) taste and smell : clean ( m ) appearance : white or slightly yellowish colour, free from impurities or coloured particles ( n ) vitamin content (aa ) vitamin A : 5 000 i.u . per 100 g minimum (bb) vitamin D : 500 i.u . per 100 g minimum