CELEX: 31975R2539
Language: en
Date: 1975-10-03 00:00:00
Title: Regulation (EEC) No 2539/75 of the Commission of 3 October 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

7 . 10 . 75                                  Official Journal of the European Communities                             No L 259 / 5
                                REGULATION ( EEC) No 2539/75 OF THE COMMISSION
                                                           of 3 October 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,
Having regard to the Treaty establishing the European                                             Article 1
Economic Community ;
                                                                        1.     Tenders shall be invited in accordance with
Having regard to Council Regulation (EEC) No                            Regulations (EEC) No 1347/75 and (EEC) No
804/68 ( } ) of 27 June 1968 on the common organiza­                    1348/75 for the costs of supplying to UNICEF 2 335
tion of the market in milk and milk products, as last                   metric tons of skimmed-milk powder divided into the
amended by Regulation (EEC) No 740/75 (2), and in                       following lots and to the destinations mentioned in
particular Article 7 (5) thereof ;                                      Annex I to this Regulation .
Having regard to Council Regulation (EEC) No                            2.      Deliveries shall be effected following the manner
1 347/75 (3) of 26 May 1975 laying down the general                     specified in Annex I.
rules for the supply of skimmed-milk powder under
the 1975 food-aid programme to certain developing                       3 . The skimmed-milk powder shall meet the
countries and certain international organizations, and                  requirements as to quality and packaging set out in
in particular Article 6 thereof ;                                       Annex II to this Regulation .
Whereas Council Regulation (EEC) No 1 348 /75 (4) of                                              Article 2
26 May 1975 on the supply of skimmed-milk powder
under the 1975 food-aid programme to certain deve­                      1 . The intervention agencies shall frame a notice of
loping countries and certain international organiza­                    invitation to tender which shall be published in the
tions provides for the supply of 2 910 metric tons of                    Official Journal of the European Communities not
skimmed-milk powder to UNICEF ; whereas
                                                                        less than 10 days before the closing date for the
UNICEF has requested the supply of 2 335 metric                         submission of tenders .
tons of vitaminized skimmed-milk powder for various
developing countries ;                                                  2.      The closing date for the submission of tenders
                                                                        shall be 28 October 1975, at 12 noon .
Whereas Article 2(2) of Regulation (EEC) No 1347/75
provides that if there is not enough skimmed-milk
powder available in public stocks with the characteris­                                           Article 3
tics necessary for the particular destination where this
requires, in particular, the addition of vitamins,                       1.     Tenders, which shall be in writing, shall be
supplies shall be obtained by purchase on the Commu­                    submitted either by delivery by hand to an interven­
nity market ;                                                           tion agency against acknowledgement of receipt or by
                                                                        registered letter addressed to an intervention agency.
Whereas Article 5 of Regulation (EEC) No 1348 /75                       Intervention agencies may also authorize the use of
provides that for the purposes of the supply and ship­                  telex .
ment of skimmed-milk powder invitations to tender
are to be issued ;                                                      2.      Each tender shall bear only on one lot.
Whereas the procedure to be adopted for this                            3.      The tender shall indicate inter alia :
tendering should in the main be the procedure used
hitherto in similar cases ;                                             (a) the name and address of the tenderer ;
                                                                        (b) the port or ports of loading, chosen from among
Whereas the measures provided for in this Regulation                         Community ports ;
are in accordance with the Opinion of the Manage­                       (c) the price, exclusive of taxes, expressed in the
 ment Committee for Milk and Milk Products ,
                                                                             currency of the Member State in which the tender
                                                                             is presented, at which the tenderer undertakes to
(')  OJ  No  L  148 , 28 . 6 . 1968 , p. 13.
(2 ) OJ  No  L 74, 22 . 3 . 1975, p. 1 .                                     supply, in accordance with the specifications laid
O    OJ  No  L  138 , 29 . 5 . 1975, p . 1 .                                 down in the Annexes, the entire quantity of a lot
H    OJ  No  L  138 , 29 . 5 . 1975, p . 3 .                                 put out to tender ;
 ---pagebreak--- No L 259 /6                          Official Journal of the European Communities                               7 . 10 . 75
Such price shall be inclusive of transport insurance           2.     Delivery cif shall be completed when the goods
costs to the stage stipulated in Annex I for delivery.         are actually deposited on the quayside or on board a
                                                               lighter at the port of unloading.
4.     A tender shall be valid only if :
(a) it relates to the entire lot put out to tender ;                                    Article 8
(b) proof is given before expiry of the period set for
     the submission of tenders that the security referred      Any demurrage costs at the port of unloading attribu­
     to in Article 4 has been provided.                        table to the recipient shall be borne by it. The rates
                                                               and other details concerning such costs shall be laid
5.     No tender may be withdrawn .                            down in the contract between the successful tenderer
                                                               and the carrier and must have been previously agreed
                         Article 4                             upon by the successful tenderer acting as Community
                                                               agent and the recipient's delivery agent.
 1 . The tendering security shall be 20 units of
account per metric ton of skimmed-milk powder.
                                                                                        Article 9
2.     It shall take the form , at the discretion of the
Member State concerned, either of a cheque made out             1 . The intervention agency concerned shall as soon
in favour of the intervention agency, or of a bank             as possible notify the recipient body of the name of
guarantee which satisfies the criteria fixed by the             the vessel , the date of loading, the quantity and the
Member State .                                                 quality of the goods as recorded at time of loading
                                                               and the port of unloading.
                         Article 5
                                                                2. The successful tenderer shall inform the recip­
In the light of the tenders received and in accordance          ient at least 10 clear days in advance of the expected
with the procedure laid down in Article 30 of Regula­           date of arrival of the ship in the port of unloading.
                                                               The successful tenderer shall have included in the
tion (EEC) No 804/68 a maximum price, expressed in
units of account, shall be fixed or alternatively a deci­       terms of the charter-party a provision stipulating that
sion shall be taken to make no award.                           the ship's captain shall inform the recipient at least 72
                                                                hours in advance of the ship's probable date of arrival
                         Article 6                              in port.
 1.    A tender shall be refused if the price proposed,                                 Article 10
converted into units of account, is more than the
maximum price fixed for the lot in question .                   1.    The competent agency of the Member State in
                                                               which the contract is awarded shall check that the
2.     Subject    as  provided    in  paragraph    1,  the      skimmed-milk powder in question satisfies require­
successful tenderer shall be the one whose offer,
converted into units of account, is the lowest. Where           ments as to quality and packaging laid down in
                                                               Annex II .
two or more valid offers specifying identical amounts,
as converted into units of account, are received by a           2.    If the goods are found to satisfy those require­
given intervention agency, the award shall be made by           ments, the agency shall , before completion of the
drawing lots . Where such offers are made to different          customs formalities referred to in Article 11(1 ),
intervention agencies, the award shall be made by the           provide the successful tenderer with a certificate to
intervention agency selected in accordance with the             that effect.
procedure referred to in Article 5.
                                                                3 . On delivery of the quantity to the recipient
3.     The    intervention   agency shall      immediately      country in question, the recipient shall issue a certifi­
inform each tenderer whether he has been awarded
                                                                cate stating that delivery of that quantity of skimmed­
the contract.
                                                                milk has been taken at the stage specified in Annex I.
4.     Rights and obligations arising in connection
with the invitation to tender shall not be transferable .                               A rticle 1 1
                          Article 7                             1.    Customs export formalities shall be carried out
                                                                in the Member State in which the award of contract is
 1 . The successful tenderer, acting in accordance              made .
with the specifications of Annex I to this Regulation ,
shall deliver a quantity of skimmed-milk powder satis­          2.    If the port of loading specified in the tender is
                                                                situated in a Member State other than that in which
fying the requirements as to quality and packaging
laid down in Annex II .                                         the customs export formalities       are carried out, the
                                                                goods shall, on completion of        such formalities, be
The successful tenderer shall also supply a further             placed under customs control          with the object of
5 % of empty bags identical to those containing the             ensuring that they are loaded at     the port specified in
goods.                                                          the tender.
 ---pagebreak--- 7 . .10 . 75                          Official Journal of the European Communities                          No L 259/7
Proof of loading can be furnished only by production                 — has furnished the certificates provided for in
of the control copy referred to in Article 1 of Commis­                 Article 1 0 (2) and (3).
sion Regulation (EEC) No 2315/69 ( J) of 19
November 1969 on the use of Community transit                   2.     Release of the security shall take place immedi­
documents for the purpose of applying Community                 ately.
measures for verifying the use and/or destination of            3 . In cases of force majeure, the intervention
goods, as amended by Regulation (EEC) No 690/73 (2).            agency shall decide on the measures to be taken
Sections 101 , 103 and 104 of the control copy shall be         having regard to the circumstances invoked .
completed .
                                                                                         Article 13
Section 104 shall be completed by deleting as neces­
sary and entering against the second indent one of the          The amount referred to in Article 3 (2) (c) shall be
following endorsements :                                        paid only on production of the certificates provided
                                                                for in Article 1 0 (2) and (3).
— 'delivery of skimmed-milk powder as food aid
     (Regulation (EEC) No 2539/75) to be shipped                Concerning lot A referred to in Annex I, the payment
      from the port of. . .' ;                                  of this amount may be divided following the quanti­
                                                                ties for which the abovementioned certificates are
— ' Livraison de lait écrémé en poudre à titre d aide
      alimentaire (règlement (CEE) n0 2539/75) destinée         provided.
      à être embarquée au port de . . .' ;
                                                                                         Article 14
— ' Lieferung von Magermilchpulver als Nahrungsmit­
      telhilfe (Verordnung (EWG) Nr. 2539/75) Verschif­          Except in cases of force majeure, the successful
      fung im Hafen von . . . bestimmt' ;                       tenderer shall accept all financial liability devolving
— ' Fornitura di latte scremato in polvere a titolo di          upon the Community by reason of failure to load the
      aiuto alimentare (regolamento (CEE) n . 2539/75)          skimmed-milk powder by the date specified in Annex
      destinata ad essere imbarcata del porto di . . .' ;        I.
— ' Levering van magere-melkpoeder als voedselhulp              Costs incurred by reason of failure to deliver the skim­
     (Verordening (EEG) nr. 2539 /75) bestemd om te             med-milk powder as a result of force majeure shall be
     worden verscheept in de haven van . . .' ;                 borne by the competent agency of the Member State
— ' Levering af skummetmælkspulver som fødeva­                  in which the award of contract is made .
      rehjælp (forordning (EØF) nr. 2539/75) bestemt til
      lastning i havnen i . . .'.                                                        Article 15
                                                                 No refund or compensatory amount (whether mone­
                          Article 12                             tary or accession) shall be applicable in respect of
                                                                skimmed-milk powder supplied under this Regula­
 1 . Except in cases of force majeure, the tendering            tion .
security shall be released only if :
(a) the tender has not been accepted ;                                                   Article 16
(b) the tenderer :                                              This Regulation shall enter into force on the day
      — has     not   withdrawn   his   tender   before the      following its publication in the Official Journal of
          contract is awarded ,                                  the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 3 October 1975 .
                                                                          For the Commission
                                                                             P.J. LARDINOIS
                                                                       Member of the Commission
(>) OJ No L 295, 24. 11 . 1969, p . 14.
 2 OJ No L 66, 13 . 3 . 1973, p. 23 .
 ---pagebreak--- No L 259/ 8                               Official Journal of the European Communities                                            7 . 10 . 75
                                                                  ANNEX I
   Designation            Total quantity   Partial quantities       Recipient                     Method
                            of the lot                                                                                  Date of loading,
   of each lot                               (metric tons)          countries                   of delivery              at the latest
                           (metric tons)
       A                        700               500           Bangladesh               250 t cif Chittagong        15 December 1975
                                                                                         250 t cif Chalna            15 December 1975
                                                  200           Burma                     100 t cif Rangoon          15 December 1975
                                                                                          100 t cif Rangoon          15 March 1976
        B                    1 635                —             India                    cif Bombay                 31 December 1975
                                                                 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° Cornic)
                    (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/m2 ;
                        — one polyethylene inner bag at least 0-06 mm thick, double bound.
                    (c) The following marking to appear on the packaging in at least 1 cm high :
                        ' FORTIFIED SKIMMED-MILK POWDER — GIFT OF THE EUROPEAN ECONOMIC
                        COMMUNITY — ACTION                    OF THE       UNITED       NATIONS         CHILDREN'S  FUND
                        (UNICEF)'.