CELEX: 31975R0917
Language: en
Date: 1975-04-02 00:00:00
Title: Regulation (EEC) No 917/75 of the Commission of 2 April 1975 concerning the issue of an invitation to tender for the supply to Somalia for use as food aid of skimmed-milk powder to be purchased on the Community market

10 . 4 . 75                               Official Journal of the European Communities                             No L 89 / 9
                                REGULATION (EEC) No 917 /75 OF THE COMMISSION
                                                          of 2 April 1975
               concerning the issue of an invitation to tender for the supply to Somalia for use
               as food aid of 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                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 organiza­
tion of the market in milk and milk products, as last                HAS ADOPTED THIS REGULATION :
amended by Regulation ( EEC) No 740/75 (2 ), and in
particular Article 7 (5) thereof ;
                                                                                               Article 1
Having regard to Council Regulation (EEC) No                          1.    Tenders    shall  be  invited in  accordance with
1 826/74 (3 ) of 11 July 1974 laying down the general                Regulation (EEC) No 1827/74 for the cost of
rules for the supply of skimmed-milk powder as food                  supplying to Somalia 710 metric tons of skimmed­
aid to certain developing countries and international                milk powder to be delivered cif Mogadishu .
organizations, and in particular Article 6 thereof ;
                                                                     2. The skimmed-milk powder shall meet the requir­
Whereas Council Regulation (EEC) No 41 0/75 (4) of                   ements as to quality and packaging set out in the
 17 February 1975 on the supply of skimmed-milk                      Annex to this Regulation .
powder as food aid to Somalia under Regulation (EEC)
No 1826/74 makes provision for 710 metric tons of                     3.      Loading shall take place as soon as possible and
skimmed-milk powder to be made available to this                      at all events by 30 May 1975 .
country and to be taken from the 6 000 metric tons to
be kept in reserve pursuant to Council Regulation
                                                                                                Article 2
(EEC) No 1 827/ 74 (5 ) of 11 July 1974 on the supply
of skimmed-milk powder as food aid to certain deve­
loping countries and international organizations ;                    1 . The intervention agencies shall frame a notice of
whereas Somalia has applied for the supply of the                     invitation to tender which shall be published in the
abovementioned quantity of vitaminized skimmed­                       Official Journal of the European Communities not
 milk powder ;                                                        less than 10 days before the closing date for the
                                                                      submission of tenders .
Whereas Article 2(2) of Regulation (EEC) No 1826/74                   2 . The closing date for the submission of tenders
 provides that if there is not enough skimmed-milk                    shall be 22 April 1975, at 12 noon .
 powder available in public stocks with the characteris­
 tics necessary for the particular destination where this
 requires, in particular, the addition of vitamins,                                             Article 3
 supplies shall be obtained by purchase on the Commu­
 nity market ;                                                         1 . Tenders, which shall be in writing, shall be
                                                                      submitted either by delivery by hand to an interven­
                                                                      tion agency against acknowledgement of receipt or by
 Whereas Article 5 of Regulation ( EEC) No 1826/74                    registered letter addressed to an intervention agency .
 provides that for the purposes of the supply and ship­               Intervention agencies may also authorize the use of
 ment of skimmed-milk powder invitations to tender                    telex .
 are to be issued ;
                                                                      2.      The tender shall indicate inter alia :
 (')  OJ No  L  148 , 28 . 6 . 1968 , p. 13 .
 (2 ) OJ No  L 74, 22 . 3 . 1975, p. 1 .                              (a) the name and address of the tenderer ;
 P)   OJ No  L  190 , 13 . 7 . 1974, p. 20 .
 (4 ) OJ No  L 47, 21 . 2 . 1975 , p. 4.                              (b) the port or ports of loading, chosen from among
 (5 ) OJ No  L  190 , 13 . 7 . 1974, p. 22 .                               Community ports ;
 ---pagebreak--- No L 89 / 10                         Official Journal of the European Communities                                10 . 4 . 75
(c) the price, exclusive of taxes, expressed in the                                      /1 rticle 7
    currency of the Member State in which the tender
    is presented , at which the tenderer undertakes to           1 . The successful tenderer, acting in accordance
    supply in accordance with the specifications laid           with the provisions of Article 1 , shall deliver a quan­
    down in the Annex , the entire quantity of skim­            tity of skimmed-milk powder as specified in the
     med-milk powder to which the invitation to                 contract awarded .
    tender relates .
                                                               The successful tenderer shall also supply a further
    Such price shall be inclusive of transport insur­           5 % of empty bags identical to those containing the
    ance costs to the stage stipulated in Article 1 ( 1 ).      goods . He undertakes to have these bags mentioned
                                                                on the bill of lading.
3.    A tender shall be valid only if :
(a) it relates to entire quantity put out to tender ;           2.    Delivery cif shall be completed when the goods
                                                                are actually deposited on the quayside or on board a
(b) proof is given before expiry of the period set for          lighter.
    the submission of tenders that the security referred
    to in Article 4 has been provided .
                                                                                         Article 8
4.     No tender may be withdrawn .
                                                                Any demurrage costs at the port of unloading attribu­
                          Article 4                             table to the recipient country shall be borne by it. The
                                                                rates and other details concerning such costs shall be
 1.   The tendering security shall be 20 units of               laid down in the contract between the Community
account per metric ton of skimmed-milk powder.                  agent and the carrier and must have been previously
                                                                agreed upon by that agent and the delivery agent of
2.     It shall take the form , at the discretion of the        the recipient country.
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
                                                                as possible notify the recipient country of the name of
                          Article 5                             the vessel , the date of loading, the quantity and the
                                                                quality of the goods as recorded at the time of loading
In the light of the tenders received and in accordance         and the port of unloading.
with the procedure laid down in Article 30 of Regula­
tion ( EEC) No 804/ 68 a maximum price, expressed in            2.    The successful tenderer shall inform the recip­
units of account, shall be fixed or alternatively a deci­       ient country at least 10 clear days in advance of the
sion shall be taken to make no award .
                                                               expected date of arrival of the ship in the port of
                                                                unloading . The successful tenderer shall have included
                          Article 6                             in the terms of the charter party a provision stipu­
                                                                lating that the ship's captain shall inform the recip­
1.    A tender shall be refused if the price proposed,          ient country at least 72 hours in advance of the ship's
converted into units of account , is more than the              probable date of arrival in port .
maximum price fixed for the purposes of the invita­
tion to tender .
                                                                                         Article 10
2.    Subject     as  provided    in  paragraph    1,  the
successful tenderer shall be the one whose offer,               1.    The competent agency of the Member State in
converted into units of account , is the lowest . Where        which the contract is awarded shall check that the
two or more valid offers specifying identical amounts,         skimmed-milk powder in question satisfies the requir­
as converted into units of account, are received by a          ements as to quolitv and packaging laid down in the
                                                                Annex .
given intervention agency , the award shall be made by
drawing lots . Where such offers are made to different
intervention agencies, the award shall be made by the          2.     If the goods are found to satisfy those require­
intervention agency selected in accordance with the            ments, the agency shall , before completion of the
procedure referred to in Article 5 .                           customs formalities referred to in Article 11(1 ),
                                                                provide the successful tenderer with a certificate to
3.    The     intervention   agency   shall   immediately      that effect .
inform each tenderer whether he has been awarded
the contract .                                                 3.     On delivery, the recipient country shall issue a
                                                               certificate stating that delivery of that quantity of skim­
4.    Rights and obligations arising in connection              med-milk powder has been taken at the stage speci­
with the invitation to tender shall not be transferable .       fied in Article 1 ( 1 ).
 ---pagebreak--- 10 . 4 . 75                           Official Journal of the European Communities                            No L 89 / 11
                          Article 11                            2.       Release of the security shall take place immedi­
                                                                ately.
1.     Customs export formalities shall be carried out
in the Member State " in which the award of contract is          3.      In cases of force majeure, the intervention
made .                                                           agency shall decide on the measures to be" taken
                                                                 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
the customs export formalities         are carried out, the                               Article 13
goods shall , on completion of         such formalities, be
placed under customs control           with the object of        The amount referred to in Article 3 (2) (c) shall be
ensuring that they are loaded at       the port specified in     paid only on production of the certificates provided
the tender .                                                     for in Article 10(2) and (3 .)
Proof of loading can be furnished only by production
of the control copy referred to in Article 1 of Regula­                                   Article 14
tion ( EEC) No 2315/ 69 .
                                                                 Except in cases of force majeure , the successful
Sections 101 , 103 and 104 of the control copy shall be          tenderer shall accept all financial liability devolving
completed .                                                      upon the Community by reason of failure to load the
                                                                 skimmed-milk powder by the date specified in Article
Section 104 shall be completed by deleting as neces­             1 (3).
sary and entering against the second indent one of the
following endorsements :                                         Costs incurred by reason of failure to deliver the skim­
                                                                 med-milk powder as a result of force majeure shall be
— ' delivery of skimmed-milk powder as food aid                  borne by the competent agency of the Member State
     (Regulation ( EEC) No 917/75) to be shipped from            in which the award of contract is made .
     the port of . . .' ;
— ' livraison de lait écrémé en poudre à titre d aide
     alimentaire ( règlement (CEE) n0 917/75) destinée à                                  Article 15
     être embarquée au port de . . .' ;
— ' Lieferung von Magermilchpulver als Nahrungsmit­               1 . On request of the Commission nominating a
     telhilfe (Verordnung ( EWG ) Nr. 917/ 75) zur Vers­         port other than that provided for in Article 1 ( 1 ), the
     chiffung im Hafen von . . . bestimmt' ;                     intervention agency in question may in agreement
                                                                 with the successful tenderer have the skimmed-milk
— Fornitura di latte scremato in polvere a titolo di             powder delivered to the new nominated port .
     aiuto alimentare ( regolamento (CEE) n . 917/75)
     destinata ad essere imbarcata nel porto di . . .' ;
                                                                  2.      In such case the intervention agency in question
 — levering van magere-melkpoeder als voedselhulp                 is to agree with the successful tenderer any cost reduc­
     (Verordening ( EEG) nr. 917/75) bestemd om te                tion or increase against the costs originally agreed .
     worden verscheept in de haven van . . ;
 — levering af skummetmælkspulver som fødeva­                     3.      The intervention agency shall forthwith commu­
      rehjælp ( forordning ( EØF) nr. 917/ 75) bestemt til        nicate to the Commission the agreed new amount of
                                                                  costs .
      lastning i havnen i . .
                          Article 12                                                       Article 16
  1.     Except in cases of force majeure , the tendering         No refund or compensatory amount (whether mone­
 security shall be released only if :                             tary or accession ) shall be applicable in respect of
                                                                  skimmed-milk powder supplied under this Regula­
                                                                  tion .
 (a) the tender has not been accepted ;
 (b) the tenderer :
                                                                                           Article 17
      — has      not  withdrawn    his   tender  before   the
           contract is awarded ,
                                                                  This Regulation shall enter into force on the day
      — has furnished the certificates provided for in            following its publication in the Official Journal of
           Article 10(2) and (3 ).                                 the European Communities.
 ---pagebreak--- No L 89 / 12                    Official Journal of the European Communities                        10 . 4 . 75
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 2 April 1975 .
                                                                              S
                                                                    For the Com mission
                                                                      P. J. LARDINOIS
                                                                Member of the Commission
 ---pagebreak--- 10 . 4 . 75                               Official Journal of the European Communities                                 No L 89 / 1 J
                                                              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 : vitamin A :               2 500 i.u . per 100 g.
            II . Packing
                 (a) New bags of a net weight content of 25 kg (5 % empty bags)
                  (b) composition :
                       (aa) 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, welded or double-bound , or
                       (bb) one Kraft paper bag of a strength representing at least 70 g/ m 2 ;
                             one Kraft paper bag with a polyethylene lining of a strength representing at least 80 g +
                             1 5 g/ m 2 ;
                             three Kraft paper bags of a strength representing at least 70 g/ m 2 ;
                             one polyethylene inner bag at least 0.08 mm thick, welded or double-bound .
                  (c ) Marking on the packaging :
                       'SKIMMED-MILK POWDER CONTAINING VITAMIN "A" 2 500 i.u./ 100 g / GIFT OF
                       THE EUROPEAN ECONOMIC COMMUNITY TO THE SOMALI DEMOCRATIC REPU­
                        BLIC TO BE DISTRIBUTED FREE OF CHARGE '.