CELEX: 31975R2685
Language: en
Date: 1975-10-21 00:00:00
Title: Regulation (EEC) No 2685/75 of the Commission of 21 October 1975 concerning the issue of an invitation to tender for the supply to UNICEF for India for use as food aid of skimmed-milk powder to be purchased on the Community market

No L 272/ 18                             Official Journal of the European Communities                             23 . 10 . 75
                              REGULATION ( EEC) No 2685/75 OF THE COMMISSION
                                                        of 21 October 1975
                  concerning the issue of an invitation to tender for the supply to UNICEF for
                  India for use as food aid of skimmed-milk powder to be purchased on the
                                                        Community market
 THE COMMISSION OF THE EUROPEAN                                     HAS ADOPTED THIS REGULATION :
 COMMUNITIES ,
                                                                                             Article 1
 Having regard to the Treaty' establishing the European
 Economic Community ;                                                1.     Tenders  shall  be  invited  in accordance with
                                                                    Regulations (EEC) No 1347/75 and (EEC) No
 Having regard to Council Regulation (EEC) No                        1348 /75 for the costs of supplying to UNICEF a lot of
 804/ 68 ( 1 ) of 27 June 1968 on the common organiza­              300 metric tons of skimmed-milk powder for India.
 tion of the market in milk and milk products, as last
 amended by Regulation ( EEC) No 740/ 75 (2), and in                2.      Delivery shall be effected cif Bombay.
 particular Article 7 ( 5) thereof ;                                3 . The skimmed-milk powder shall meet the
                                                                    requirements as to quality and packaging set out in
 Having regard to Council Regulation (EEC) No                       the Annex to this Regulation .
  1 347/75 (3 ) of 26 May 1975 laying down the general
 rules for the supply of skimmed-milk powder under                  4.      Loading shall take place as soon as possible and
 the 1 975 food-aid programme to certain developing                 not later than 30 December 1975 .
 countries and certain international organizations, and
 in particular Article 6 thereof ;                                                           A rticle 2
 Whereas Council Regulation (EEC) No 1 348 /75 (4) of                1 . The intervention agencies shall frame a notice of
 26 May 1975 on the supply of skimmed-milk powder                   invitation to tender which shall be published in the
 under the 1975 food-aid programme to certain deve­                  Official Journal of the European Communities not
 loping countries and certain international organiza­               less than 10 days before the closing date for the
 tions provides for the supply of 2 910 metric tons of              submission of tenders .
 skimmed-milk powder to UNICEF ; whereas
 UNICEF has requested the supply of 300 metric tons                 2.      The closing date for the submission of tenders
                                                                    shall be 18 November 1975 , at 12 noon .
 of vitaminized skimmed-milk powder for India ;
 Whereas Article 2 (2) of Regulation ( EEC) No 1347/75                                       Article 3
 provides that if there is not enough skimmed-milk
 powder available in public stocks with the characteris­             1 . Tenders, which shall be in writing, shall be
 tics necessary for the particular destination where this           submitted either by delivery by hand to an interven­
 requires, in particular, the addition of vitamins,                 tion agency against acknowledgement of receipt or by
 supplies shall be obtained by purchase on the Commu­               registered letter addressed to an intervention agency.
 nity market ;                                                      Intervention agencies may also authorize the use of
                                                                    telex .
 Whereas Article 5 of Regulation (EEC) No 1348 /75                  2.      Each tender shall bear only on one lot.
 provides that for the purposes of the supply and ship­
 ment of skimmed-milk powder invitations to tender                  3.      The tender shall indicate inter alia :
 are to be issued ;
                                                                    (a) the name and address of the tenderer ;
 Whereas the procedure to be adopted for this                       (b) the port or ports of loading, chosen from among
 tendering should in the main be the procedure used                      Community ports ;
 hitherto in similar cases ;                                        (c) the price, exclusive of taxes, expressed in the
                                                                         currency of the Member State in which the tender
 Whereas the measures provided for in this Regulation                    is presented, at which the tenderer undertakes to
are in accordance with the Opinion of the Manage­                        supply, in accordance with the specifications laid
 ment Committee for Milk and Milk Products,                              down in the Annexes, the entire quantity of a lot
                                                                         put out to tender ;
(') Oj No L 148 , 28 . 6 . 1968 , p . 13 .
(-') O ) No L 74 , 22 . 3 . 1975, p . 1 .
                                                                    Such price shall be inclusive of transport insurance
O OJ No L 138 , 29 . 5 . 1975 , p . 1 .                             costs to the stage referred to in Article 1 (2) for
(4 ) O'f No L 138 , 29 . 5 . 1975, p. 3 .                           delivery.
 ---pagebreak--- 23 . 10 . 75                         Official Journal of the European Communities                         No L 272/ 19
4.     A tender shall be valid only if :                        2.    Delivery cif shall be completed when the goods
                                                                are actually deposited on the quayside or on board a
(a) it relates to the entire lot put out to tender ;            lighter at the port of unloading.
(b) proof is given before expiry of the period set for
     the submission of tenders that the security referred
     to in Article 4 has been provided .                                                Article 8
5.     No tender may be withdrawn .
                                                                Any demurrage costs at the port of unloading attribu­
                         Article 4                              table to the recipient shall be borne by it. The rates
                                                                and other details concerning such costs shall be laid
 1 . The tendering security shall be 20 units of                down in the contract between the successful tenderer
account per metric ton of skimmed-milk powder.                  and the carrier and must have been previously agreed
                                                                upon by the successful tenderer acting as Community
2.     It shall take the form , at the discretion of the        agent and the recipient's delivery agent.
Member State concerned, either of a cheque made out
in favour of the intervention agency, or of a bank
guarantee which satisfies the criteria fixed by the                                     Article 9
Member State .
                                                                1.    The intervention agency concerned shall as soon
                         Article 5                              as possible notify the recipient body of the name of
                                                                the vessel , the date of loading, the quantity and the
In the light of the tenders received and in accordance          quality of the goods as recorded at time of loading
with the procedure laid down in Article 30 of Regula­           and the port of unloading.
tion (EEC) No 804/68 a maximum price, expressed in
units of account, shall be fixed or alternatively a deci­
sion shall be taken to make no award .                          2. The successful tenderer shall inform the recip­
                                                                ient at least 10 clear days in advance of the expected
                                                                date of arrival of the ship in the port of unloading.
                         Article 6                              The successful tenderer shall have included in the
                                                                terms of the charter-party a provision stipulating that
 1.    A tender shall be refused if the price proposed,         the ship's captain shall inform the recipient at least 72
converted into units of account, is more than the               hours in advance of the ship's probable date of arrival
maximum price fixed for the lot in question .                   in port.
2.     Subject    as  provided    in   paragraph   1,  the
successful tenderer shall be the one whose offer,
                                                                                        Article 10
converted into units of account, is the lowest . Where
two or more valid offers specifying identical amounts,
as converted into units of account, are received by a            1.   The competent agency of the Member State in
given intervention agency, the award shall be made by           which the contract is awarded shall check that the
drawing lots . Where such offers are made to different          skimmed-milk powder in question satisfies require­
intervention agencies, the award shall be made by the           ments as to quality and packaging laid down in the
intervention agency selected in accordance with the             Annex .
procedure referred to in Article .5 .
                                                                 2.    If the goods are found to satisfy those require­
3.     The    intervention   agency    shall   immediately      ments, the agency shall , before completion of the
inform each tenderer whether he has been awarded
                                                                customs formalities referred to in Article 11 ( 1 ),
the contract .
                                                                 provide the successful tenderer with a certificate to
                                                                that effect .
4.     Rights and obligations arising in connection
with the invitation to tender shall not be transferable .
                                                                3.    On delivery the recipient shall issue a certificate
                                                                stating that delivery of that quantity of skimmed-milk
                          Article 7                              has been taken at the stage specified in Article 1 (2).
 1.    The successful tenderer shall deliver a quantity
of skimmed-milk powder satisfying the requirements                                      Article 11
as to quality and packaging laid down in the Annex .
The successful tenderer shall also supply a further              1.    Customs export formalities shall be carried out
 S % of empty bags identical to those containing the             in the Member State in which the award of contract is
goods .                                                          made .
 ---pagebreak--- No L 272/ 20                                Official Journal of the European Communities                             23 . 10 . 75
2.      If the port of loading specified in the tender is             (a) the tender has not been accepted ;
situated in a Member State other than that in which
                                                                      (b) the tenderer :
the customs export formalities              are carried out, the
                                                                           — has      not  withdrawn    his tender  before     the
goods shall, on completion of               such formalities, be
placed under customs control                 with the object of                 contract is awarded ,
ensuring, that they are loaded at           the port specified in          — has furnished the certificates provided for in
the tender.                                                                     Article 10 (2) and (3).
Proof of loading can be furnished only by production                  2.      Release of the security shall take place immedi­
of the control copy referred to in Article 1 of Commis­               ately.
sion Regulation (EEC) No 2315/69 (') of 19
November 1969 on the use of Community transit                          3.     In cases of force majeure, the intervention
documents for the purpose of applying Community                       agency shall decide on the measures to be taken
measures for verifying the use and/or destination of                   having regard to the circumstances invoked .
goods, as amended by Regulation (EEC) No 690/73 (2).
                                                                                               Article 13
Sections 101 , 103 and 104 of the control copy shall be
completed .                                                           The amount referred to in Article 3 (2) (c) shall be
                                                                       paid only on production of the certificates provided
Section 104 shall be completed by deleting as neces­                   for in Article 10 (2) and (3).
sary and entering against the second indent one of the
following endorsements :
                                                                                               Article 14
— 'delivery of skimmed-milk powder as food aid
      (Regulation (EEC) No 2685/75) to be shipped                      Except in cases of force majeure, the successful
      from the port of . . .' ;                                        tenderer shall accept all financial liability devolving
— ' Livraison de lait écrémé en poudre à titre d aide                  upon the Community by reason of failure to load the
    • alimentaire (règlement (CEE) n° 2685/75 destinée                 skimmed-milk powder by the date specified in Article
      à être embarquée au port de . . .' ;                             1 (4).
— ' Lieferung von Magermilchpulver als Nahrungsmit­                    Costs incurred by reason of failure to deliver the skim­
      telhilfe (Verordnung ( EWG) Nr. 2685/75) Verschif­               med-milk powder as a result of force majeure shall be
      fung im Hafen von . . . bestimmt' ;                              borne by the competent agency of the Member State
— Fornitura di latte scremato in polvere a titolo di                   in which the award of contract is made .
      aiuto alimentare (regolamento (CEE) n . 2685/75)
      destinata ad essere imbarcata del porto di . . .' ;                                      Article 15
— Levering van magere-melkpoeder als voedselhulp
      (Verordening ( EEG) nr. 2685/75) bestemd om te                   No refund or compensatory amount (whether mone­
      worden verscheept in de haven van . . .' ;                       tary or accession) shall be applicable in respect of
— ' Levering af skummetmælkspulver som fødeva­                         skimmed-milk powder supplied under this Regula­
                                                                       tion .
      rehjælp (forordning ( EØF) nr. 2685/75) bestemt til
      lastning i havnen i . .
                                                                                                Article 16
                           Article 12
                                                                       This Regulation shall enter into force on the day
 1.     Except in cases of force majeure, the tendering                following its publication in the Official Journal of
security shall be released only if :                                    the European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels , 21 October 1975 .
                                                                                  For the Commission
                                                                                     P.J. LARDINOIS
                                                                              Member of the Commission
(') OJ No L 295 , 24 . II . 1969 , p . 14 .
(-') OJ No L 66 , 13 . 3 . 1 973 , p . 23 .
 ---pagebreak--- 23 . 10 . 75                           Official Journal of the European Communities                            No L 272/21
                                                           ANNEX
              I. 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 0.1 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
                  (bb) vitamin D :                                 500 i.u . per 100 g.
             II . Packing
                  (a) New bags of a net weight content of 25 kg (5 % empty bags).
                  (b) Composition :
                       — four Kraft paper bags of a strength representing at least 70 g/m 2 ;
                       — one interposed tar-lined paper bag, of a strength representing at least 140 g/ m 2 ;
                       — one polyethylene inner bag at least 0 08 mm thick, double bound .
                  (c) The following marking to appear on the packaging in letters at least 1 cm high :
                       ' FORTIFIED SKIMMED-MILK POWDER — GIFT OF THE EUROPEAN ECONOMIC
                        COMMUNITY — ACTION OF THE UNITED NATIONS CHILDREN 'S FUND
                       ( UNICEF)'.