CELEX: 31975R0361
Language: en
Date: 1975-02-12 00:00:00
Title: Regulation (EEC) No 361/75 of the Commission of 12 February 1975 concerning the issue of an invitation to tender for the supply to UNICEF for use as food aid of skimmed-milk powder to be purchased on the Community market

14 . 2 . 75                                 Official Journal of the European Communities                           No L 40/39
                                  REGULATION ( EEC) No 361 /75 OF THE COMMISSION
                                                            of 12 February 1975
                  concerning the issue of an invitation to tender for the supply to UNICEF for use
                  as food aid of skimmed-milk powder to be purchased on the Community
                                                                   market
  THE COMMISSION OF THE EUROPEAN                                          supplying 1 980 metric tons of skimmed-milk powder
  COMMUNITIES,                                                            to UNICEF .
  Having regard to the Treaty establishing the European
  Economic Community ;                                                    2 . The skimmed-milk powder shall meet the
  Having regard to Council Regulation ( EEC) No                           requirements as to quality and packaging set out in
  804/68 (') of 27 June 1968 on the common organiza­                     Annex II to this Regulation .
  tion of the market in milk and milk products, as last
  amended by Regulation ( EEC) No 662/74 (-'), and in                     3.     Delivery shall be made to the countries and in
  particular Article 7 (5) thereof ;                                      the manner specified in Annex I to this Regulation .
  Having regard to Council Regulation ( EEC) No
  1 826/74 (3 ) of 11 July 1974 laying down the general                  4.      Loading shall take place as soon as possible and
  rules for the supply of skimmed-milk powder as food                    at all events by 30 April 1975 .
  aid to certain developing countries and international
  organizations, and in particular Article 6 thereof ;
  Whereas Council Regulation (EEC) No 1 827/74 (4) of
                                                                                                  Article 2
  1 1 July 1974 on the supply of skimmed-milk powder
  as food aid to certain developing countries and interna­
  tional organizations provides for the supply of 2 250                   1.     The intervention agencies shall frame a notice of
  metric tons of skimmed-milk powder to UNICEF ;                          invitation to tender which shall be published in the
 whereas UNICEF has requested the supply of 1 980                         Official Journal of the European Communities not
  metric tons of vitaminized skimmed-milk powder for                     less than 10 days before the closing date for the
 various developing countries ;                                          submission of tenders .
 Whereas Article 2(2) of Regulation ( EEC) No 1826/ 74
  provides that if there is not enough skimmed-milk                      2.      The closing date for the submission of tenders
 powder available in public stocks with the characteris­                 shall be 4 March 1975 , at 12 noon .
 tics necessary for the particular destination where this
 requires, in particular, the addition of vitamins,
 supplies shall be obtained by purchase on the Commu­
 nity market ;                                                                                    Article 3
 Whereas Article 5 of Regulation ( EEC) No 1826/74
 provides that for the purposes of the supply and ship­                   1.      Tenders, which shall be in writing, shall be
 ment of skimmed-milk powder invitations to tender                       submitted either by delivery by hand to an interven­
 are to be issued ;                                                      tion agency against acknowledgement of receipt or by
 Whereas the procedure to be adopted for this                            registered letter addressed to an intervention agency.
 tendering should in the main be the procedure used                      Intervention agencies may also authorize the use of
 hitherto in similar cases ;                                             telex .
 Whereas the measures provided for in this Regulation
 are in accordance with the Opinion of the Manage­                       2.      The tender shall indicate inter alia :
 ment Committee for Milk and Milk Products ,
                                                                         (a) the name and address of the tenderer ;
 HAS ADOPTED THIS REGULATION :
                                                                         (b) the port or ports of loading, chosen from -among
                                                                              Community ports ;
                                Article 1
 1.      Tenders shall be invited in               accordance with
                                                                         (c) the price, exclusive of taxes, expressed in the
                                                                             currency of the Member State in which the tender
 Regulation ( EEC) No               1827/74 for the cost of                   is presented , at which the tenderer undertakes to
                                                                             supply, in accordance with the specifications laid
(')  OJ    No  L 148 , 28 . 6 . 1968 , p. 13 .
(-)  OJ    No  L 85, 29 . 3 . 1974, p. 51 .                                  down in the Annexes, the entire quantity of skim­
(3)  OJ    No  L 190, 13. 7. 1974, p. 20.                                     med-milk powder to which the invitation to
(■») OJ    No  L 190 , 13 . 7 . 1974, p. 22 .                                tender relates .
 ---pagebreak--- No L 40/40                            Official Journal of the European Communities                                14. 2 . 75
     Such price shall be inclusive of transport insur­          tions of Annex I to this Regulation , shall deliver a
     ance costs to the stage stipulated in Annex I for          quantity of skimmed-milk powder as specified in the
     delivery.                                                  contract awarded satisfying the requirements as to
                                                                quality and packaging laid down in Annex II .
3.     A tender shall be valid only if :
(a) it relates to the entire quantity put out to tender ;       The successful tenderer shall also supply a further
(b) proof is given before expiry of the period set for
                                                                5 % of empty bags identical to those containing the
                                                                goods.
     the submission of tenders that the security referred
     to in Article 4 has been provided .
                                                                2 . Delivery cif shall be completed when the goods
4.     No tender may be withdrawn .                             are actually deposited on the quayside or on board a
                                                                lighter.
                          Article 4
                                                                 Delivery at frontier shall be completed when the
 1 . The tendering security shall be 20 units of                goods actually reach the frontier crossing points speci­
                                                                 fied in Annex I.
account per metric ton 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 .                                                   1.    In the case of delivery cif, any demurrage costs at
                                                                 the port of unloading attributable to the recipient
                                                                 shall be borne by it. The rates and other details
                          A rticle 5                             concerning such costs shall be laid down in the
                                                                 contract between the Community agent and the
In the light of the tenders received and in accordance           carrier and must have been previously agreed upon by
with the procedure laid down in Article 30 of Regula­            that agent and the recipient s delivery agent.
tion (EEC) No 804/68 a maximum price, expressed in
units of account, shall be fixed or alternatively a deci­        2.    In the case of delivery at frontier, costs arising by
sion shall be taken to make no award .
                                                                 reason of any delay attributable to the recipient in
                                                                 taking delivery of the goods shall be borne by it.
                          Article 6
 1.    A tender shall be refused if the price proposed,                                   A rticle 9
converted into units of account, is more than the
 maximum price fixed for the purposes of the invita­
tion to tender.
                                                                  1 . The intervention agency concerned shall as soon
                                                                 as possible notify the recipient body of the name of
 2.    Subject     as  provided    in   paragraph    1, the      the vessel, the date of loading, the quantity and the
successful tenderer shall be the one whose offer,                quality of the goods as recorded at time of loading,
converted into units of account, is the lowest . Where           the port of unloading, and where delivery is made
 two or more valid offers specifying identical amounts,          'free frontier', the frontier point and the methods of
as converted into units of account, are received by a            transportation used for bringing the goods to the fron­
given intervention agency, the award shall be made by            tier point .
drawing lots. Where such offers are made to different
 intervention agencies, the award shall be made by the           2.    In the case of delivery cif, the successful tenderer
 intervention agency selected in accordance with the             shall inform the recipient at least 10 clear days in
 procedure referred to in Article 5 .                            advance of the expected date of arrival of the ship in
                                                                 the port of unloading. The successful tenderer shall
 3.    The     intervention   agency    shall   immediately      have included in the terms of the charter-party a provi­
 inform each tenderer whether he has been awarded                sion stipulating that the ship's captain shall inform
 the contract .                                                  the recipient at least 72 hours in advance of the ship's
                                                                 probable date of arrival in port.
 4.    Rights and obligations arising in connection
with the invitation to tender shall not be transferable .
                                                                 3.    In the case of delivery 'at frontier, the successful
                                                                 tender shall inform the recipient forthwith of the
                           Article 7                             expected date of arrival of the goods at the port of
                                                                 loading and shall noiily it at least 10 clear days in
  1 . The successful tenderer, acting in accordance              advance of the probable date of arrival at the frontier
 with the provisions of Article 1 (4) and the specifica­         crossing point .
 ---pagebreak---  14 . 2 . 75                           Official Journal of the European Communities                             No L 40/41
                            Article 10                                — ' levering van magere-melkpoeder als voedsel­
                                                                          hulp (Verordening (EEG) nr. 4361 /75) bestemd
 1.    The competent agency of the Member State in                        om te worden verscheept in de haven van . . ;
which the contract is awarded shall check that the
                                                                      — 'levering af skummetmælkspulver som fødeva­
skimmed-milk powder in question satisfies the                             rehjælp (forordning (EØF) nr. 4361 /75)
requirements as to quality and packaging laid down in                     bestemt til lastning i havnen i . . .'.
Annex II .
2.      If the goods are found to satisfy those require­                                 Article 12
ments, the agency shall, before completion of the
customs formalities referred to in Article 11(1 ),                1 . Except in cases of force majeure, the tendering
provide the successful tenderer with a certificate to            security shall be released only if :
that effect.
                                                                 (a) the tender has not been accepted ;
3.     On delivery of the quantity to the recipient              (b) the tenderer :
country in question, the recipient shall issue a certifi­             — has     not  withdrawn   his  tender      before the
cate stating that delivery of that quantity of skimmed­                   contract is awarded,
milk powder has been taken at the stage specified in                  — has furnished the certificates provided for in
Annex I.
                                                                          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           3.     In cases of force majeure, the intervention
in the Member State in which the award of contract is            agency shall decide on the measures to be taken
made .                                                           having regard to the circumstances invoked .
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               The amount referred to in Article 3 (2) (c) shall be
placed under customs control with the object of                  paid only on production of the certificates provided
ensuring that they are loaded at the port specified in           for in Article 10(2) and (3).
the tender.
                                                                                         Article 14
Proof of loading can be furnished only by production
of the control copy referred to in Article 1 of Regula­
tion (EEC) No 2315/69 .
                                                                 Except in cases of force majeure, the successful
                                                                 tenderer shall accept all financial liability devolving
                                                                 upon the Community by reason of failure to load the
Sections 101 , 103 and 104 of the control copy shall be          skimmed-milk powder by the date specified in
completed .                                                      Article 1 (4).
Section 104 shall be completed by deleting as neces­             Costs incurred by reason of failure to deliver the skim­
sary and entering against the second indent one of the           med-milk powder as a result of force majeure shall be
following endorsements :                                         borne by the competent agency of the Member State
                                                                 in which the award of contract is made .
     — 'delivery of skimmed-milk powder as food aid
          (Regulation ( EEC) No 4361 /75) to be shipped
          from the port of . . .' ;                                                      Article 15
     — livraison de lait ecrenié en poudre à titre
          d'aide       alimentaire     (règlement     (CEE)      No refund or compensatory amount (whether mone­
          n0 4361 /75) destinée à être embarquée au port         tary or accession ) skill be applicable in respect of
          de . . .' ;                                            skimmed-milk powder supplied under this Regula­
                                                                 tion .
     — Lieferung von Magermilchpulver als Nahrungs­
          mittelhilfe (Verordnung (EWG) Nr. 4361 /75)
          Verschiffung im Hafen von . . . bestimmt' ;                                    Article 16
     — Fornitura di latte scremato in polvere a titolo
          di aiuto alimentare (regolamento (CEE) n .             This Regulation shall enter into force on the day
          4361 /75) destinata ad essere imbarcata nel            following its publication in the Official Journal of
          porto di . . .' ;                                      the European Communities.
 ---pagebreak--- No L 40/42                        Official Journal of the European Communities                            14 . 2 . 75
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 12 February 1975 .
                                                                         For the Commission
                                                                            P. J. LARDINOIS
                                                                    Member of the Commission
                                                        ANNEX 1
                                               Quantity to be                                Markings on
                    Recipient country             supplied              Delivery stage      the packaging
                                                (metric tons)                                     in
           Burma                                    160       cif Rangoon                     English
           Ethiopia                                 950       475 metric tons :               English
                                                                    cif Assab
                                              I               475 metric tons :
                                                                    cif Massawa
           Niger                                    300       delivered frontier              French
                                                              Malanville
           Khmer Republic                           120        cif Singapore                  French
           Upper Volta                              200       delivered frontier              French
                                                              Leraba
           Republic of Vietnam                      250       cif Saigon                      French
 ---pagebreak--- 14 . 2 . 75                           Official Journal of the European Communities                                No L 40 /43
                                                         ANNEX II
             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/m2 ;
                      — 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) Marking to appear on the packaging in French or English according to the country of destina­
                      tion (see Annex I) :
                      ' LAIT ÉCRÉMÉ EN POUDRE / DON DE LA COMMUNAUTE ÉCONOMIQUE EURO­
                      PÉENNE / ACTION DU FONDS DES NATIONS UNIES POUR L'ENFANCE (UNICEF).'
                      'SKIMMED-MILK POWDER / GIFT OF THE EUROPEAN ECONOMIC COMMUNITY /
                      ACTION OF THE UNITED NATIONS CHILDREN'S FUND (UNICEF).'