31975R2315
11 . 9 . 75 No L 239/7 Official Journal of the European Communities
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 invitation to tender which shall be published in the Having regard to Council Regulation (EEC) No Official Jourtjal of the European Communities not 71 3/75 (3) of 18 March 1975 laying down the general 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 ; 1 . Tenders, which shall be in writing, shall be Whereas Article 2 (2) of Regulation (EEC) No 713/75 submitted either by delivery by hand to an interven provides that if there is not enough skimmed-milk tion agency against acknowledgement of receipt or by powder available in public stocks with the characteris registered letter addressed to an intervention agency. tics necessary for the particular destination where this Intervention agencies may also authorize the use of requires, in particular, the addition of vitamins, 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 med-milk powder to which the invitation to Committee for Milk and Milk Products, 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 .
No L 239 / 8 11 . 9 . 75 Official Journal of the European Communities
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 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 In the light of the tenders received and in accordance quality of the goods as recorded at the time of loading 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 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 ments, the agency shall, before completion of the intervention agency selected in accordance with the customs formalities referred to in Article 11 ( 1 ), procedure referred to in Article 5. 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 ensuring that they are loaded at the port specified in 2. Delivery cif shall be completed when the goods 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 .
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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) In cases of force majeure, the intervention agency destinata ad essere imbarcata nel porto di . . ; 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 On request of the Commission nominating a port rehjælp (forordning (EØF) nr. 2315/75 bestemt til other than that provided for in Article 1 ( 1 ), the inter lastning i havnen i . . .'. 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 to the Commission the agreed new amount of costs. — has not withdrawn his tender before the 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
No L 239 / 10 11 . 9 . 75 Official Journal of the European Communities
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/m 2 ; 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/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" 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 '.