CELEX: 31975R2315
Language: en
Date: 1975-09-11 00:00:00
Title: Regulation (EEC) No 2315/75 of the Commission of 9 September 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

11 . 9 . 75                           Official Journal of the European Communities                          No L 239/7
                            REGULATION (EEC) No 2315/75 OF THE COMMISSION
                                                     of 9 September 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                                   2. The skimmed-milk powder shall meet the re­
COMMUNITIES,                                                     quirements as to quality and packaging set out in the
                                                                 Annex to this Regulation.
Having regard to the Treaty establishing the European
Economic Community ;
                                                                 3 . Loading shall take place as soon as possible and
Having regard to Council Regulation (EEC) No                     at all events by 20 October 1975.
804/68 (') of 27 June 1968 on the common organiza­
tion of the market in milk and milk products, as last                                     Article 2          '
amended by Regulation (^EC) No 740/75 (2), and in
particular Article 7 (5) thereof ;                                1 . The intervention agencies shall frame a notice of
Having regard to Council Regulation (EEC) No
                                                                 invitation to tender which shall be published in the
71 3/75 (3) of 18 March 1975 laying down the general              Official Jourtjal of the European Communities not
                                                                 less than 10 days before the closing date for the
rules for the supply of skimmed-milk powder as food              submission of tenders.
aid to Somalia, and in particular Article 6 thereof ;
                                                                                                                   V
Whereas Council Regulation (EEC) No 713/7i makes                 2.     The closing date for the submission of tenders
provision for a reserve of 2 000 metric tons of skim­            shall be 23 September 1975, at 12 noon .
med-milk powder to be delivered following the evolu­
tion of the needs of Somalia ; whereas this country has
applied for the supply of 500 metric tons of vitami­                                      Article 3
nized skimmed-milk powder ;
Whereas Article 2 (2) of Regulation (EEC) No 713/75               1 . Tenders, which shall be in writing, shall be
provides that if there is not enough skimmed-milk                submitted either by delivery by hand to an interven­
powder available in public stocks with the characteris­          tion agency against acknowledgement of receipt or by
tics necessary for the particular destination where this         registered letter addressed to an intervention agency.
requires, in particular, the addition of vitamins,               Intervention agencies may also authorize the use of
                                                                 telex.
supplies shall be obtained by purchase on the Commu­
nity market ;
                                                                 2.     The tender shall indicate inter alia :
Whereas Article 5 of Regulation (EEC) No 713/75
provides that for the purposes of the supply and ship­           (a) the name and address of the tenderer ;
ment of skimmed-milk powder invitations to tender                (b) the port or ports of loading, chosen from among
are to be issued ;                                                    Community ports ;
Whereas the procedure to be adopted for this                     (c) the price* exclusive of taxes, expressed in the
tendering should in the main be the procedure used                    currency of the Member State in which the tender
hitherto in similar cases ;                                           is presented, at which the tenderer undertakes to
                                                                      supply in accordance with the specifications laid
Whereas the measures provided in this Regulation are
                                                                      down in the Annex, the entire quantity of skim­
in accordance with the Opinion of the Management
Committee for Milk and Milk Products,                                 med-milk powder to which the invitation to
                                                                      tender relates.
HAS ADOPTED THIS REGULATION :                                    Such price shall be inclusive of transport insurance
                                                                 costs to the stage stipulated in Article 1 ( 1 ).
                           Article 1
                                 I!                              3.     A tender shall be valid only if :
 1.    Tenders shall    be invited        in accordance with
Regulation (EEC) No 713/75 for the cost of supplying             (a) it relates to the entire quantity put out to tender ;
to Somalia 500 metric tons of skimmed-milk powder
                                                                 (b) proof is given before expiry of the period set for
to be delivered cif Mogadishu .                                       the submission of tenders that the security referred
                                                                      to in Article 4 has ben provided .
(') OJ No L 148 , 28 . 6 . 1968 , p. 13 .
(2 ) OJ No L 74, 22. 3 . 197.5, p. 1 .
P) OJ No L 71 , 20 . 3 . 1975, p. 4.                             4.     No tender may be withdrawn .
 ---pagebreak--- No L 239 / 8                        Official Journal of the European Communities                                11 . 9 . 75
                         Article 4                             rates and other details concerning such costs shall be
                                                               laid down in the contract between the successful
1 . The tendering security shall be 20 units of               tenderer and the carrier and must have been previ­
account per metric tons of skimmed-milk powder.               ously agreed upon by the successful tenderer acting as
2.    It shall take the form , at the discretion of the       agent for the Community and the delivery agent of
Member State concerned, either of a cheque made out           the recipient country.
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 country 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 the 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      2. The successful tenderer shall inform the recip­
sion shall be taken to make no award .                         ient country at least 10 clear days in advance of the
                                                               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
as converted into units of account, are received by a          requirements as to quality and packaging laid down in
given intervention agency, the award shall be made by          the Annex .
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 ).
                         Article 7                                                      Article 11
 1 . The successful tenderer, acting in accordance              1.    Customs export formalities shall be carried out
with the provisions of Article 1 , shall deliver a quan­        in the Member State in which the award of contract is
tity of skimmed-milk powder as specified in the                 made .
contract awarded .
                                                                2.    If the port of loading specified in the tender is
The successful tenderer shall also supply a further            situated in a Member State other than that in which
5 % of empty bags identical to those containing the             the customs export fomalities        are carried out, the
goods. He undertakes to have these bags mentioned              goods shall, on completion of          such formalities, be
on the bill of lading.                                          placed under customs control          with the object of
2.     Delivery cif shall be completed when the goods           ensuring that they are loaded at     the port specified in
                                                                the tender.
are actually deposited on the quayside or on board a
lighter.                                                        Proof of loading can be furnished only by production
                                                                of the control copy referred to in Article 1 of Regula­
                         Article 8                              tion (EEC) No 2315/69 .
Any demurrage costs at the port of unloading attribu­           Sections 101 , 103 and 104 of the control copy shall be
 table to the recipient country shall be borne by it. The       completed .
 ---pagebreak---  11 . 9 . 75                          Official Journal of the European Communities                          No L 239/9
Section 104 shall be completed by deleting as neces­                                    Article 14
sary and entering against the second indent one of the
                                                                Except in cases of force majeure, the successful
following endorsements :
                                                                tenderer shall accept all financial liability devolving
— 'delivery of skimmed-milk powder as food aid                  upon the Community by reason of failure to load the
      (Regulation (EEC) No 2315/75) to be shipped               skimmed-milk powder by the date specified in Article
      from the port of . . .' ;                                  1 (3).
— 'livraison de lait écrémé en poudre à titre d aide            Costs incurred by reason of failure to deliver the skim­
      alimentaire (règlement (CEE) n0 2315/75) destinée         med-milk powder as a result of force majeure shall be
      à être embarquée au port de . . .' ;                      taken in charge by the compentent agency of the
— 'Lieferung von Magermilchpulver als Nahrungsmit­              Member State in which the award of contract is made
      telhilfe (Verordnung (EWG) Nr. 2315/75) zur Ver­          and shall be borne by the Community.
      schiffung im Hafen von . . . bestimmt' ;
— 'Fornitura di latte scremato in polvere a titolo di                                   Article 15
      aiuto alimentare (regolamento (CEE) n. 2315/75)
      destinata ad essere imbarcata nel porto di . . ;          In cases of force majeure, the intervention agency
                                                                shall decide on the measures to be taken, having
— levering van magere-melkpoeder als voedselhulp                regard to the circumstances invoked.
     (Verordening (EEG) nr. 2315/75) bestemd om te
     wordien verscheept in de haven van . . ;                                           Article 16
— levering af skummetmælkspulver som fødeva­
      rehjælp (forordning (EØF) nr. 2315/75 bestemt til         On request of the Commission nominating a port
      lastning i havnen i . . .'.                               other than that provided for in Article 1 ( 1 ), the inter­
                                                                vention agency in question may in agreement with
                                                                the     successful  tenderer   have the  skimmed-milk
                         Article 12
                                                                powder delivered to the new nominated port.
1 . Except in cases of force majeure, the tendering             In such case the intervention agency in question is to
security shall be released only if :                            agree with the successful tenderer any cost reduction
(a)' the tender has not been accepted ;                         or increase against the costs originally agreed.
(b) the tenderer :                                              The intervention agency shall forthwith communicate
     — has      not  withdrawn    his  tender   before  the     to the Commission the agreed new amount of costs.
          contract is awarded,
                                                                                         Article 17
     — has furnished the certificates provided for in
          Article 10 (2) and (3).                               No refund or compensatory amount (whether mone­
                                                                tary or accession) shall be applicable in respect of
2. Release of the security shall take place immedi­             skimmed-milk powder supplied under this Regula­
ately.                                                          tion .
                         Article 13                                                     Article 18
The amount referred to in Article 3 (2) (c) shall be            This Regulation shall enter into force on the day
paid only on production of the certificates provided            following its publication in the Official Journal of
for in Article 10 (2) and (3).                                   the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                 Done at Brussels, 9 September 1975.
                                                                            For the Commission
                                                                              P.J. LARDINOIS
                                                                        Member of the Commission
 ---pagebreak--- No L 239/ 10                         Official Journal of the European Communities                                  11 . 9. 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) strength of colon bacillus :                negative in 0-1 g
               ( 1) taste and smell :                          clean
               (m) appearance :                                white or slightly yellowisch 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 :
                    (aa) four Kraft paper bags of a strenght representing at least 70 g/m2 ;
                          one interposed tar-lined paper bag of a strength representing at least 140 g/m2 ;
                         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/m2 ;
                         one Kraft paper bag with a polyethylene lining of a strength representing at least 80 g +
                          1 5 g/m2 ;
                          three Kraft paper bags of a strength representing at least 70 g/m2 ;
                          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" 5 000 i.u./ 100 g / AND
                    VITAMIN "D" 500 i.u./ 100 g / GIFT OF THE EUROPEAN ECONOMIC COMMUNITY
                    TO     THE   SOMALI     DEMOCRATIC       REPUBLIC       TO   BE  DISTRIBUTED        FREE    OF
                    CHARGE TO CHILDREN'.