CELEX: 31975R0916
Language: en
Date: 1975-04-02 00:00:00
Title: Regulation (EEC) No 916/75 of the Commission of 2 April 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

10 . 4 . 75                               Official Journal of the European Communities                            No L 89 / 5
                               REGULATION ( EEC) No 916/75 OF THE COMMISSION
                                                          of 2 April 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                                       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
                                                                     Regulation ( EEC) No 1827/74 for the cost of
Having regard to Council Regulation (EEC) No                         supplying to UNICEF 270 metric tons of skimmed­
804/68 (') of 27 June 1968 on the common organiza­                   milk-powder, of which :
tion of the market in milk and milk products, as last                (a) 150 metric tons for Burma , to be delivered cif
amended by Regulation (EEC) No 740/75 (2 ), and in                        Rangoon , and
particular Article 7 (5) thereof ;
                                                                     (b) 120 metric tons for the Republic of Khmer, to be
                                                                          delivered cif Singapore .
Having regard to Council Regulation (EEC) No
1 826/74 (3 ) of 11 July 1974 laying down the general                2. The skimmed-milk powder shall meet the requir­
rules for the supply of skimmed-milk powder as food                  ements as to quality and packaging set out in the
aid to certain developing countries and international                Annex to this Regulation .
organizations, and in particular Article 6 thereof ;
                                                                     3.      Loading shall take place as soon as possible and
Whereas Council Regulation (EEC) No 1 827/74 (4) of                  at all events by 30 May 1975 .
11 July 1974 on the supply of skimmed-milk powder
as food aid to certain developing countries and interna­                                       Article 2
tional organizations provides for the supply of 2 250
metric tons of skimmed-milk powder to UNICEF :                        1 . The intervention agencies shall frame a notice of
whereas UNICEF has requested the supply of 270                       invitation to tender which shall be published in the
metric tons of vitaminized skimmed-milk powder for                    Official Journal of the European Communities not
various developing countries ;                                       less than 10 days before the closing date for the
                                                                     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 22 April 1975, at 12 noon .
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
Whereas Article 5 of Regulation ( EEC) No 1826/74 .                  tion agency against acknowledgement of receipt or by
provides that for the purposes of the supply and ship­               registered letter addressed to an intervention agency .
ment of skimmed-milk powder invitations to tender                     Intervention agencies may also authorize the use of
are to be issued ;                                                   telex .
                                                                     2.      The tender shall indicate inter alia :
Whereas the procedure to be adopted for this
tendering should in the main be the procedure used                   (a) the name and address of the tenderer ;
hitherto in similar cases ;
                                                                     (b) the port or ports of loading, chosen from among
                                                                          Community ports ;
Whereas the measures provided for in this Regulation                 (c) the price , exclusive of taxes, expressed in the
are in accordance with the Opinion of the Manage­                         currency of the Member State in which the tender
ment Committee for Milk and Milk Products ,
                                                                          is presented, at which the tenderer undertakes to
                                                                          supply, in accordance with the specifications laid
(')  OJ  No  L 148 , 28 . 6 . 1968 , p. 13 .                              down in the Annex, the entire quantity of skim­
(-)  OJ  No  L 74, 22 . 3 . 1975 , p. 1 .
(3 ) OJ  No  L 190 , 13 . 7 . 1974 , p. 20 .                              med-milk powder to which the invitation to
(4 ) OJ  No  L 190 , 13 . 7 . 1974, p. 22 .                               tender relates .
 ---pagebreak--- No L 89 / 6                          Official Journal of the European Communities                              10 . 4 . 75
Such price shall be inclusive of transport insurance           tity of skimmed-milk powder as specified in the
costs to the stage -of delivery stipulated in Article 1 ( 1 )  contract awarded .
(a) and (b).
                                                               The successful tenderer shall also supply a further
3.     A tender shall be valid only if :                       5 % of empty bags identical to those containing the
(a) it relates to the entire quantity put out to tender ;      goods . He undertakes to have these bags mentioned in
                                                               the bill of lading.
(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 .                       2.    Delivery cif shall be completed when the goods
                                                               are actually deposited on the quayside or on board a
4.     No tender may be withdrawn .                            lighter.
                          Articlc 4                                                     Article 8
 1 . The tendering security shall be 20 units of
account per metric ton of skimmed-milk powder.                 Any demurrage costs at the port of unloading attribu­
                                                               table to the recipient shall be borne by it . The rates
2.     It shall take the form , at the discretion of. the      and other details concerning such costs shall be laid
Member State concerned , either of a cheque made out           down in the contract between the Community agent
in favour of the intervention agency, or of a bank             and the carrier and must have been previously agreed
guarantee which satisfies the criteria fixed by the            upon by that agent and the recipient's delivery agent.
Member State .
                                                                                        Articlc 9
                          Articlc 5
In the light of the tenders received and in accordance          1.   The intervention agency concerned shall as soon
with the procedure laid down in Article 30 of Regula­          as possible notify the recipient body of the name of
tion ( EEC) No 804/ 68 a maximum price, expressed in           the vessel , the date of loading, the quantity and the
units of account, shall be fixed or alternatively a deci­      quality of the goods as recorded at time at loading and
sion shall be taken to make no award .                         the port of unloading.
                                                               2.    The successful tenderer shall inform the recip­
                          Articlc 6                            ient at least 10 clear days in advance of the expected
                                                               date of arrival of the ship in the port of unloading.
1.     A tender shall be refused if the price proposed ,       The successful tenderer shall have included in the
converted into units of account, is more than the              terms of the charter party a provision stipulating that
maximum price fixed for the purposes of the invita­            the ship 's captain shall inform the recipient at least 72
tion to tender.
                                                               hours in advance of the ship's probable date of arrival
                                                               in port .
2.     Subject    as  provided    in  paragraph    1,  the
successful tenderer shall be the one whose offer,
converted into units of account , is the lowest . Where
                                                                                        Articlc 10
two or more valid offers specifying identical amounts,
as converted into units of account, are received by a
given intervention agency, the award shall be made by           1.   The competent agency of the Member State in
drawing lots . Where such offers are made to different         which the contract is awarded shall check that the
intervention agencies the award shall be made by the           skimmed-milk powder in question satisfies the
intervention agency selected in accordance with the            requirements as to quality and packaging laid down in
procedure referred to in Article 5 .                           the Annex .
3.     The    intervention   agency   shall    immediately     2.    If the goods are found to satisfy those require­
inform each tenderer whether he has been awarded
                                                               ments , the agency shall , before completion of the
the contract .                                                 customs formalities referred to in Article 11(1 ),
                                                               provide the successful tenderer with a certificate to
4. . Rights and obligations arising in connection              that effect .
with the invitation to tender shall not be transferable .
                                                               3.    On delivery of the quantity to the recipient
                         Article 7                             country in question , the recipient shall issue a certifi­
                                                               cate stating that delivery of that quantity of skimmed­
1 . ■ The successful tenderer, acting in accordance            milk powder has been taken at the stage specified in
with the provisions of Article 1 , shall deliver a quan­       Article 1 ( 1 ).
 ---pagebreak--- 10 . 4 . 75                           Official Journal of the European Communities                             No L 89 / 7
                           Article 11                           (a) the tender has not been accepted ;
1.     Customs export formalities shall be carried out          (b) the tenderer :
in the Member State in which the award of contract is                 — 'has      not   withdrawn   his tender before the
made .
                                                                           contract is awarded ,
2.      If the port of loading specified in the tender is             — has furnished the certificates provided for in
situated in a Member State other than that in which                        Article 10(2) and (3).
the customs export formalities        are carried out, the
goods shall, on completion of          such formalities, be      2.      Release of the security shall take place immedi­
placed under customs control           with the object of        ately .
ensuring that they are loaded at      the port specified in      3.      In cases of force majeure, the intervention
the tender.
                                                                 agency shall decide on the measures to be taken
Proof of loading can be furnished only by production             having regard to the circumstances invoked .
of the control copy referred to in Article 1 of Regula­
tion ( EEC) No 2315/69 .                                                                    Article 13
Sections 101 , 103 and 104 of the control copy shall be          The amount referred to in Article 3 ( 2) (c) shall be
completed .                                                      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 916/ 75) to be shipped from           Except in cases of force majeure, the successful
     the port of ... ;                                           tenderer shall accept all financial liability devolving
                                                                 upon the Community by reason of failure to load the
— livraison de lait écrémé en poudre à titre d aide              skimmed-milk powder by the date specified in Article
     alimentaire (règlement (CEE) n0 916/ 75) destinée à          1 (3).
     être embarquée au port de . . .' ;
— Lieferung von Magermilchpulver als Nahrungsmit­                Costs incurred by reason of failure to deliver the skim­
     telhilfe (Verordnung ( EWG) Nr. 916/75) zur Ver­            med-milk powder as a result of force majeure shall be
     schiffung 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 . 916/75)
     destinata ad essere imbarcata nel porto di . . .' ;                                     Article 15
— levering van magere-melkpoeder als voedselhulp
     (Verordening (EEG) nr. 916/75) 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. 916/ 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, 2 April 1975 .
                                                                             I -'or the (Commission
                                                                                  P.J. LARD I NO IS
                                                                          /Member of the Commission
 ---pagebreak--- No L 89 / 8                              Official Journal of the European Communities                             10 . 4 . 75
                                                             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 (further 5 % empty bags).
                 (b) Composition :
                        — four Kraft paper bags of a strength representing at least 70 g/ m -' ;
                        — 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 :
                        — for the supply to Burma :
                           ' SKIMMED-MILK POWDER / GIFT OF THE EUROPEAN ECONOMIC COMMUNITY /
                           ACTION OF THE UNITED NATIONS CHILDREN 'S FUND ( UNICEF)'
                        — for the supply to the Republic of Khmer :
                             ' LAIT ÉCRÉMÉ EN POUDRE/ DON DE LA COMMUNAUTÉ ECONOMIQUE EURO­
                              PÉENNE/ ACTION DU FONDS DES NATIONS UNIES POUR L'ENFANCE
                             ( UNICEF)'.