31977R0710

5 . 4 . 77 Official Journal of the European Communities No L 87 / 5

COMMISSION REGULATION ( EEC ) No 710 / 77 of 4 April 1977 concerning the issue of an invitation to tender for the supply to the Republic of Afghanistan , 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 Treatv establishing the European Economic Community, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Having regard to Council Regulation ( EEC) No ment Committee for Milk and Milk Products , 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 particular Article 7 (5) thereof, HAS ADOPTED THIS REGULATION : 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 Article 1 certain developing countries and international organi­ zations under the 1976 programme ( 3 ), as amended by 1 . Tenders shall be invited in accordance with the Regulation ( EEC) No 201 7/76 (4), and in particular provisions of Regulations ( EEC) No 1298 /76 , ( EEC) Article 6 thereof, No 1299 / 76 and ( EEC ) No 2018 / 76 for the costs of supplying to the Republic of Afghanistan one lot of Whereas Council Regulation ( EEC) No 1299/76 of 1 300 tonnes of vitaminized skimmed-milk powder to June 1976 on the supply of skimmed-milk powder as be purchased on the Community market . food aid to certain developing countries and interna­ tional organizations under the 1976 programme (5 ), 2 . The skimmed-milk powder shall meet : provides inter alia for 200 tonnes of skimmed-milk powder to be made available to the Republic of Afgh­ — as to quality , the requirements set out in the anistan ; whereas Council Regulation ( EEC) No Annex to this Regulation , 2018 / 76 of 27 July 1976 on the additional supply of — as to packaging , the requirements set out in skimmed-milk powder as food aid to certain deve­ Annex I to Commission Regulation ( EEC) No loping countries , international organizations and non­ 1 108 / 68 of 27 July 1968 on detailed rules of appli­ governmental organizations under the 1976 cation for public storage of skimmed-milk programme ( 6), provides inter alia for 100 tonnes of powder ( 7 ), as last amended by Regulation ( EEC ) skimmed-milk powder to be made available to the No 1 457 / 75 ( s ). Republic of Afghanistan ; whereas this country has requested the delivery of 300 tonnes of vitaminized 3 . In addition the successful tenderer shall supply skimmed-milk powder ; 5 % empty bags identical to those containing the Whereas Regulation ( EEC) No 1298 / 86 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 ; ' Skimmed-milk powder enriched with vitamins A and D / Gift of the European Economic Community to Whereas Article 5 of Regulation ( EEC ) No 1298 / 76 Afghanistan / For free distribution .' provides that for the purpose of the supply and ship­ ment of skimmed-milk powder , invitations to tender are to be issued ; A i title 2

(') OJ No L 148 , 28 . 6 . 1968 , p. 1 V I. Delivery shall be effected to the port of Le (') OJ No 1. 67 , 1 5 . 1976 , p. 9 . Havre . ( 3 ) OJ No L 146, 4 . 6 . 1 976 , p. V (4 ) OJ No L 224, 16 . 8 . 1 976 , p. I. C ) OJ No L 146 , 4 . 6 . 1976 , p. S. (') ()| No I. 1X4 , 1 K> 7 . IW>8 , |>. 14 . (b) OJ No L 224 , 16 . 8 . 1976 , p. 2 . ( s ) () I No I 14S , (, I ,. I I 7.

No L 87/ 6 Official Journal of the European Communities 5 . 4 . 77

2. Delivery at the port of loading shall take place Article 5 on a date fixed by the intervention agency concerned which must be after 15 and before 31 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 19 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 maximum price fixed for the lot in question . submission of tenders . 2 . Subject as provided in paragraph 1 , the 2 . 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 receipt or by two or more valid offers specifying identical amounts, registered letter to an intervention agency . Interven­ as converted into units of account, are received by a tion agencies may also authorize the use of telex . given intervention agency, the award shall be made by drawing lots . Where such offers are made to different 3 . The tender may only be submitted to the inter­ intervention agencies , the amount shall be made by vention agency of the Member State on whose terri­ the intervention agency selected in accordance with tory the manufacture of the vitaminized skimmed­ the procedure referred to in Article 5 . milk powder and its packaging, in accordance with Article 1 ( 2), take place . 3 . The intervention agency shall immediately inform each tenderer whether he has been awarded 4 . A tender shall be valid only if it relates to the the contract . whole of the lot put up for tender. 4 . Rights and obligations arising in connection 5 . The tender shall indicate inter alia : with the invitation to tender shall not be transferable . (a) the name and address of the tenderer ; 5 . The intervention agencies shall immediately (b) the port of loading mentioned in Article 2 ( 1 ); communicate to the Commission the tenderer's name (c) the price , exclusive of taxes , expressed in the and address . currency of the Member State in which the tender is presented , at which the tenderer undertakes to supply, under the stipulated conditions , the entire Article 7 quantity to which his tender relates . Such price shall be inclusive of transport insur­ 1 . The successful tenderer shall deliver at the port ance costs to the stage for delivery . of Le Havre and on the date fixed by the recipient country the quantity of skimmcd-milk powder 6 . A tender shall be valid only if the proof is given meeting the requirements as regards quality and pack­ before expiry of the period set for the submission of aging laid down in Article 1 ( 2). Any schedule for tenders that the security referred to in Article 4 has instalment deliveries shall be fixed by the recipient been provided . country 's agent in agreement 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 units of account per tonne of skimmcd-milk powder . Article S

2 . It shall take the form , at the discretion of the I. The competent agencv 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 ;i bank skimmcd-milk powder in question satisfies the guarantee which satisfies the criteria fixed by the requirements as to qualitv and packaging laid down in Member State . Article I ( 2 ).

5 . 4 . 77 Official Journal of the European Communities No L 87/ 7

2. If the goods are found to satisfy those require­ — Skummetmælkspulver som fødevarehjælp ments , as mentioned in Article 1 ( 2), the agency shall (forordning (E0F) nr. 710/77) bestemt til levering i provide the successful tenderer with a certificate to havnen i '. that effect .

Article 10 3 . Upon delivery of the goods at the port of embar­ kation , the recipient country's agent shall hand to the 1 . Except in cases of force majeure, the tendering successful tenderer, acting as agent for the Commu­ and delivery security shall be released only if : nity, a letter of acceptance . (a) the tender has not been accepted ; This letter shall state that delivery of that quantity of (b) the tenderer : skimmed-milk powder as well as the empty bags referred to in Article 1 (3 ) have been taken at the stage — has not withdrawn his tender before the specified in Article 2 ( 1 ). contract is awarded , — has furnished the certificates provided for in Article 8 (2) and (3 ). Article 9 2 . Release of the security shall take place immedi­ If the tender has been submitted to the intervention ately . agency of another Member State than that in which the port of loading is situated the goods shall , on Article 11 completion of the control referred to in Article 8 ( 1 ), be placed under customs control with the object of ensuring that they are delivered at the port specified In cases of force majeure, the intervention agency in Article 2 ( 1 ). shall decide on the measures to be taken having regard to the circumstances invoked . Proof of delivery to the port of loading can be furnished only by production of the control copy Article 12 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 (-'). Article 13 Sections 101 , 103 and 104 of the control copy shall be completed . Except in cases of force majeure, the successful tenderer shall accept all financial liability devolving Section 104 shall be completed by deleting as neces­ upon the Community by reason of failure to load the sary and entering against the second indent one of the skimmed-milk powder at the place and in due time, following endorsements : the recipient country haying facilitated the delivery at the place and by the time appointed . — 'Skimmed-milk powder as food aid ( Regulation ( EEC) No 710 / 77 ) to be delivered at the port Costs incurred by reason of failure to deliver the skim­ of ', med-milk powder as a result of force majeure shall be borne by the competent agency of the Member State — ' Lait écrémé en poudre a titre d'aide alimentaire concerned . ( règlement ( CEE ) n° 710 / 77) destine a être au port de \ — ' Magermilchpulver als Nahrungsmittelhilfe Article 14 (Verordnung ( EWG ) Nr. 710 / 77) zur Lieferung zum Hafen von bestimmt ', No refund or compensatory amount (whether mone­ tary or accession ) shall be applicable in respect of the — ' Latte scremato in polvere a titolo di aiuto aimen­ skimmed-milk powder supplied under this Regula­ tare ( regolamento ( CEE ) n . 710 / 77) destinato ad tion . essere consegnato nel porto di ', — ' Magere-melkpoeder als voedselhulp (Verordening Article 15 ( EEG ) nr . 710 / 77) bestemd om te worden geleverd in de haven van ', This Regulation shall enter into force on the day (') Ol No L. 29 S , 24 . II . 1969 , p. 14 . following its publication in the Official Journal of (-) OJ No I. 66. 13 . 3 . 197 .*. p. 23 . tin European Communities.

No L 87 / 8 Official Journal of the European Communities 5 . 4 . 77

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

Done at Brussels , 4 April 1977 . For the Commission Finn GUNDELACH Vice - President

ANNEX

Skimmed-milk powder requirements ( a ) tat content : 1-5 % maximum ( b ) water content : 4-0 % maximum ( c ) total acidity in lactic acid : 0-1 S % maximum ( IK Dornic ) ( d ) test tor 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 (1 5.0 mg minimum ) ( i ) germ content : SO 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 content : ( aa ) vitamin A : S 000 i.u . per 100 g minimum ( bb ) vitamin D : 500 i.u . per 100 g minimum