31977R0578

No L 74/ 8 22 . 3 . 77 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 578 / 77 of 18 March 1977 on the issue of an invitation to tender for the supply to the Republic of El Salvador as food aid, of vitaminized skimmed-milk powder to be bought 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 Whereas the measures provided for in this Regulation Economic Community, 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 HAS ADOPTED THIS REGULATION : amended by Regulation (EEC) No 559/76 (2), and in particular Article 7 (5) thereof,

Article 1 Having regard to Council Regulation (EEC) No 1298/76 of 1 June 1976 laying down general rules for 1 . Tenders shall be invited in accordance with the the supply of skimmed-milk powder as food aid to provisions of Regulations (EEC) No 1298/76 and certain developing countries and international organi­ ( EEC) No 2018 /76 for the costs of supplying one lot zations under the 1976 programme (3), as amended by of 700 tonnes of vitaminized skimmed-milk powder, Regulation (EEC) No 2017/76 (4), and in particular bought on the Community market, to the Republic of Article 6 thereof, El Salvador .

2. The skimmed-milk powder shall meet : Whereas Council Regulation (EEC) No 2018 /76 of 27 July 1976 on the additional supply of skimmed-milk — as to quality, the requirements set out in the powder as food aid to certain developing countries, Annex to this Regulation , international organizations and non-governmental — as to packaging, the requirements set out in organizations under the 1976 food-aid programme (5), Annex I to Commission Regulation (EEC) No provides, inter alia, for 700 tonnes of skimmed-milk 1 108 / 68 of 27 July 1968 on detailed rules for powder to be made available to the Republic of El public storage of skimmed-milk powder (6), as last Salvador ; whereas this country has requested the amended by Regulation (EEC) No 1457/75 (7). delivery of the abovementioned quantity of vitami­ nized skimmed-milk powder ; 3 . In addition the successful tenderer shall supply 5 % empty bags identical to those containing the Whereas Regulation ( EEC) No 1298 /76 provides in goods. Article 2 (2) that, if the amounts of skimmed-milk powder in public stocks do not have the characteris­ 4 . The packaging of the skimmed-milk powder tics necessary for their particular destination where shall bear the following inscription in letters at least this requires, in particular, the addition of vitamins, one centimetre high : supply shall be ensured by the buying-in of skimmed­ milk powder on the Community market ; Leche en polvo descremada y vitaminada/Donativo de la CEE a la Republica E1 Salvador/ Para distribución gratuita'. Whereas Article 5 of Regulation ( EEC) No 1 298 / 76 provides that for the purpose of the supply and ship­ ment of skimmed-milk powder invitations to tender Article 2 are to be issued ; 1 . Delivery shall be effected to the port of loading (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . of Amsterdam / Rotterdam , at the tenderer's choice . (-') OJ No L 67, 15 . 3 . 1976, p. 9 . (3 ) OJ No L 146, 4. 6 . 1976, p. 3 . (4) OJ No L 224, 16 . 8 . 1976, p. 1 . ( b) OJ No L 184, 29 . 7 . 1968 , p . 34. (5) OJ No L 224, 16 . 8 . 1976, p. 2 . ( 7 ) OJ No L 145 , 6 . 6 . 1975 , p . 17 .

22. 3 . 77 Official Journal of the European Communities No L 74/9

Article 5 2. Delivery at the port of loading shall take place on a date fixed by the intervention agency concerned which must be after 10 and before 25 May 1977. In the light of the tenders received and in accordance with the procedure laid down in Article 30 of Regula­ 3 . The time limit for the submission of tenders tion (EEC) No 804/68 a maximum amount, expressed shall be 12 April 1977 at 12 noon . in units of account, shall be fixed or alternatively a decision shall be taken to make no award .

Article 3 Article 6 1 . The intervention agencies shall draw up a notice of invitation to tender which shall be published in the 1 . A tender shall be refused if the price proposed, Official Journal of 'the European Communities not converted into units of account, is more than the less than 10 days before the closing date for the submission of tenders . maximum price fixed for the lot in question .

2. Tenders, which shall be in writing, shall be 2. Subject as provided in paragraph 1 , the 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 receipt or by registered letter to an intervention agency. Interven­ two or more valid offers specifying identical amounts, tion agencies may also authorize the use of telex. as converted into units of account, are received by a given intervention agency, the award shall be made by 3. The tender may only be submitted to the inter­ drawing lots. Where such offers are made to different vention agency of the Member State on whose terri­ intervention agencies, the amount shall be made by tory the manufacture of the vitaminized skimmed­ the intervention agency selected in accordance with milk powder and its packaging, in accordance with the procedure referred to in Article 5 . Article 1 (2), take place. 3 . The intervention agency shall immediately 4. A tender shall be valid only if it relates to the inform each tenderer whether he has been awarded whole of the lot put up for tender. the contract .

5 . 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 port of loading chosen according to Article 2 5 . The intervention agencies shall immediately 0 ); communicate to the Commission the tenderer's name and address . (c) the price, exclusive of taxes, expressed in the currency of the Member State in which the tender is presented, at which the tenderer undertakes to Article 7 supply, under the stipulated conditions, the entire quantity to which his tender relates. 1 . The successful tenderer shall deliver at the port Such price shall be inclusive of transport insur­ of loading referred to in Article 1 (2), and on the date ance costs to the stage for delivery. fixed by the recipient country, the quantity of skim­ med-milk powder meeting the requirements as 6. A tender shall be valid only if the proof is given regards quality and packaging laid down in Article 1 before expiry of the period set for the submission of (2). Any schedule for instalment deliveries shall be tenders that the security referred to in Article 4 has fixed by the recipient country's agent in agreement been provided . with the successful tenderer.

7 . No tender may be withdrawn . 2. The goods shall be regarded as delivered when they are deposited at the place of exportation at the Article 4 point designated by the recipient country or its agent.

1 . The tendering and delivery security shall be 20 Article 8 units of account per tonne of skimmed-milk powder.

2. It shall take the form , at the discretion of the 1 . The competent agency of the Member State in Member State concerned, either of a cheque made out which the contract is awarded shall check that the in favour of the intervention agency, or of a bank skimmed-milk powder in question satisfies the requir­ guarantee which satisfies the criteria fixed by the ements as to quality and packaging referred to in Member State . Article 1 ( 2).

No L 74/ 10 22 . 3 . 77 Official Journal of the European Communities

Article 10 2. If the goods are found to satisfy those require­ 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 successful tenderer acting as agent for the Community (b) the tenderer : a letter of acceptance . — has not withdrawn his tender before the This letter shall state that delivery of that quantity of contract is awarded, skimmed-milk powder as well as the empty bags — has furnished the certificates provided for in referred to in Article 1 (3) have been taken at the stage Article 8 (2) and (3). specified in Article 2 ( 1 ). 2. Release of the security shall take place immedi­ Article 9 ately.

If the tender has been submitted to the intervention agency of another Member State than that in which Article 11 the port of loading is situated the goods shall, on completion of the control referred to in Article 8 ( 1 ), In cases of force majeure, the intervention agency be placed under customs control with the object of shall decide on the measures to be taken having ensuring that they are delivered at the port specified regard to the circumstances invoked. in Article 2 ( 1 ).

Proof of delivery to the port of loading can be Article 12 furnished only by production of the control copy referred to in Article 1 of Commission Regulation (EEC) No 2315/69 of 19 November 1969 on the use The amount referred to in Article 3 (5) (c) shall be of Community transit documents for the purpose of paid only on production of the certificate provided for applying Community measures for verifying the use in Article 8 (2) and (3). and/or destination of goods ('), as amended by Regula­ tion (EEC) No 690/73 (2). Article 13 Sections 101 , 103 and 104 of the control copy shall be completed . Except in cases of force majeure, the successful Section 104 shall be completed by deleting as neces­ tenderer shall accept all financial liability devolving sary and entering against the second indent one of the upon the Community by reason of failure to load the following endorsements : skimmed-milk powder at the place and in due time, the recipient country having enabled the delivery at — 'Skimmed-milk powder as food aid (Regulation the place and by the time appointed. (EEC) No 578 /77), to be delivered at the port of . . Costs incurred by reason of failure to deliver the skim­ — ' Lait écrémé en poudre à titre d aide alimentaire med-milk powder as a result of force majeure shall be (règlement (CEE) n0 578/77) destiné à être livré au borne by the competent agency of the Member State port de . . .', concerned . — 'Magermilchpulver als Nahrungsmittelhilfe (Verordnung ( EWG) Nr. 578 /77) zur Lieferung zum Hafen von bestimmt ', Article 14 — ' Latte scremato in polvere a titolo di aiuto aimen­ tare (regolamento (CEE) n . 578 /77) destinato ad No refund or compensatory amount (whether mone­ essere consegnato nel porto di . . . .', tary or accession) shall be applicable in respect of the skimmed-milk powder supplied under this Regula­ — 'Magere-melkpoeder als voedselhulp (Verordening tion . (EEG) nr. 578 /77) bestemd om te worden geleverd in de haven van ', — 'Skummetmælkspulver som fødevarehjælp Article 15 (forordning (EØF) nr. 578 /77) bestemt til levering i havnen i ....'. 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.

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

Done at Brussels, 18 March 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° 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 ( 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