31976R1813
No L 202/ 10 Official Journal of the European Communities 28 . 7 . 76
COMMISSION REGULATION ( EEC) No 1813/ 76 of 27 July 1976 concerning the issue of an invitation to tender for the supply to the Interna tional Committee of the Red Cross , for the benefit of various third countries , for use as food aid, of vitaminized 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 Economic Community, Article 1
Having regard to Council Regulation ( EEC) No i 804/68 of 27 June 1968 on the common organization 1 . Tenders shall be invited in accordance with of the market in milk and milk products ('), as last Regulations ( EEC) No 1298 /76 and ( EEC) No amended by Regulation ( EEC) No 559/ 76 (2 ), and in 1299 /76 for the costs of delivery to ICRC of 1 400 particular Article 7 ( 5) thereof, metric tons of vitaminized skimmed-milk powder divided up into the lots and for the following destina Having regard to Council Regulation ( EEC) No tions mentioned in the Annex I to this Regulation . 1298 /76 of 1 June 1976 laying down the general rules for the supply of skimmed-milk powder under the 1976 food-aid programme to certain developing coun 2. Delivery shall be effected at the ports of tries and certain international organizations (3), and in unloading mentioned in Annex I. The shipping shall particular Article 6 thereof, take place as soon as possible and not later than 15 September 1976 . Whereas Council Regulation ( EEC) No 1299/76 of 1 June 1976 on the supply of skimmed-milk powder under the 1976 food-aid programme to certain deve 3 . The skimmed-milk powder shall meet the loping countries and certain international organiza requirements as to quality and packaging set out in tions (4 ) provides, inter alia, for the supply of 2 000 Annex II to this Regulation . metric tons of skimmed-milk powder to be made avail able to the International Committee of the Red Cross 4. The successful tenderer shall also supply a ( ICRC) ; further 5 % of empty bags identical to those Whereas ICRC has requested the delivery of 1 400 containing the goods . He undertakes to have these metric tons of vitaminized skimmed-milk powder for bags mentioned on the bill of . lading. the benefit of various third countries ;
Whereas Council Regulation ( EEC) No 1298 /76, Article 2 ( 2) provides that, if the amounts of skimmed Article 2 milk powder in public stocks do not have the characteristics necessary for their particular destina 1 . The intervention agencies shall frame a notice of tion where this requires , in particular, the addition of invitation to tender which shall be published in the vitamins, supplies shall be ensured by the buying-in Official Journal of the European Communities not of skimmed-milk powder on the Community market ; less than 10 days before the closing date for the submission of tenders . Whereas Article 5 of Regulation ( EEC) No 1298 /76 provides that for the purposes of the supply and ship ment of skimmed-milk powder invitations to tender 2 . The closing date for the submission of tenders are. to be issued ; shall be 10 August 1976 , at 12 noon . Whereas the procedure to be adopted for this tendering should in the main be the procedure used hitherto in similar cases ; Article 3 Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage 1 . Tenders, which shall be in writing, shall be ment Committee for Milk and Milk Products , submitted either by delivery by hand to an interven tion agency against acknowledgement of receipt or by (') OJ No L 148 , 28 . 6 . 1968 , p. 1.1 registered letter addressed to an intervention agency. (-') OJ No L 67, 15 . 3 . 1976, p. 9 . (3 ) OJ No L 146, 4 . 6 . 1976, p. 3 . Intervention agencies may also authorize the use of (4 ) OJ No L 146, 4 . 6 . 1976, p. 5 . telex .
28 . 7 . 76 Official Journal of the European .Communities No L 202/ 11
2. Each tender shall bear only one lot. given intervention agency, the award shall be made by drawing lots. Where such offers are made to different 3 . The tender shall indicate inter alia : intervention agencies, the award shall be made by the intervention agency selected in accordance with the (a) the name and address of the tenderer ; procedure referred to in Article 5 . (b) the port or ports of - loading chosen from among Community ports ; 3 . The intervention agency shall immediately inform each tenderer whether he has been awarded (c) the price, exclusive of taxes, expressed in the the contract . currency of the Member State in which the tender is presented, at which the tenderer undertakes to 4. Rights and obligations arising in connection supply, in accordance with the specifications laid with the invitation to tender shall not be transferable . v down in the Annexes, the entire quantity of a lot put out to tender. 5 . The intervention agencies shall immediately inform the Commission of the successful tenderer's Such price shall be inclusive of transport insur name and address . ance costs to the stage referred to in Article 1 (2) for delivery.
Article7¶
(a) it relates to the entire quantity of a lot put out to 1 . The successful tenderer shall deliver a quantity tender ; of skimmed-milk powder satisfying the requirements as to quality and packaging laid down in Annex II to (b) proof is given before expiry of the period set for this Regulation . the submission of tenders that the security referred to in Article 4 has been provided . 2. Delivery ' port of unloading' shall be completed when the goods are actually deposited on the quayside 5 . No tender may be withdrawn . or on board a, lighter at the port of unloading.
Article 4 3 . The recipient organization shall be responsible for all expenditure incurred after delivery including acceptance costs . 1 . The tendering security shall be 20 units of account per metric ton of skimmed-milk powder.
Article 8 2. It shall take the form , at the discretion of the Member State concerned, either of a cheque made out in favour of the intervention agency^, or of a bank Any demurrage costs at the port of unloading attribu guarantee which satisfies the criteria fixed by the table to the recipient shall be borne by it . The rates Member State . and other details concerning such costs shall be laid down in the contract between the successful tenderer and the carrier and must have been previously agreed Article 5 upon by the successful tenderer acting as Community agent and the recipient's delivery agent. In the light of the tenders received and in accordance with the procedure laid down in Article 30 of Regula Article 9 tion (EEC) No 804/68 a maximum price expressed in units of account shall be fixed , or alternatively a deci sion shall be taken to make no award . 1 . The intervention agency concerned shall as soon as possible notify the recipient body of the name of the vessel , the date of loading, the quantity and the Article 6 quality of the goods as recorded at time of loading and the port of unloading. 1 . A tender shall be refused if the price proposed, converted into units of account, is more than the 2. The successful tenderer shall inform the recip maximum price fixed for the lot in question . ient at least 10 clear days in advance of ' he expected date of arrival of the ship in the port of unloading. 2. Subject to the provisions of paragraph 1 , the The successful tenderer shall have included in the successful tenderer shall be the one whose offer, terms of the charter-party a provision stioulating that converted into units of account, is the lowest . Where the ship's captain shall inform the recinient at least 72 two or more valid .offers specifying identical amounts, hours in advance of the ship's probable date of arrival as converted into units of account, are received by a in port .
No L 202 / 12 Official Journal of the European Communities 28 . 7 . 76
Article 10 — ' Levering van magere-melkpoeder als voedselhulp (Verordening ( EEG) nr. 1813 /76) bestemt om te 1 . The competent agency of the Member State in worden verscheept in de haven van . . .' ; which the contract is awarded shall check that the — Levering af skummetmælkspulver som fødeva skimmed-milk powder in question satisfies require rehjælp (forordning ( EØF) nr. 1813/76) bestemt til ments as to quality and packaging laid down in Annex II . lastning i havnen i . . .'.
2. If the goods are found to satisfy those require Article 12 ments , the agency shall , before completion of the customs formalities referred to in Article 11 ( 1 ), 1 . Except in cases of force majeure, the tendering provide the successful tenderer with a certificate to that effect . security shall be released only if :
(a) the tender has not been accepted ; 3 . On delivery, the recipient organization shall issue a certificate proving the taking over of the goods (b) the tenderer : stating that delivery of that quantity of skimmed-milk — has not withdrawn his tender before the powder has been taken at the stage specified in Article contract is awarded , 1 (2). — has furnished the certificates provided for in Article 10 (2) and (3 ). Article 11 2 . Release of the security shall take place immedi 1 . Customs export formalities shall be carried out in the Member State in which the award of contract is ately . made . 3 . In cases of force majeure, the intervention 2. If the port of loading specified in the tender is agency shall decide on the measures to be taken situated in a Member State other than that in which having regard to the circumstances invoked . the customs export formalities are carried out, the goods shall , on . completion of such formalities, be Article 13 placed under customs control with the object of ensuring that they are loaded at the port specified in the tender . The amount referred to in Article 3 (3) (c ) shall be paid only on production of the certificates provided Proof of loading can be furnished only by production for in Article 10 ( 2) and (3). of the control copy referred to in Article 1 of Commis sion Regulation ( EEC) No 2315 / 69 of 19 November Art ice 14 1969 on the use of Community transit documents for the purpose of applying Community measures for veri fying the use and/or destination of goods ('), as Except in cases of force majeure, the successful amended by Regulation ( EEC) No 690/73 (2 ). tenderer shall accept all financial liability devolving upon the Community by reason of failure to load the Sections 101 , 103 and 104 of the control copy shall be skimmed-milk powder by the date specified in Article completed . 1 ( 2)-
Section 104 shall be completed by deleting as neces Costs incurred by reason of failure to deliver the skim sary and entering against the second indent one of the med-milk powder as a result of force majeure shall be following endorsements : borne by the competent agency of the Member State in which the award of contract is made . — ' Delivery of skimmed-milk powder as food aid (Regulation ( EEC) No 1813 /76) to be shipped from the port of . . .' ; Article 15 — ' Livraison de lait écrémé en poudre à titre d aide alimentaire (règlement (CEE) n 0 1813 / 76) destinée No refund or compensatory amount (whether mone à être embarquée au port de . . .' ; tary or accession ) shall be applicable in respect of — Lieferung von Magermilchpulver als Nahrungsmit skimmed-milk powder supplied under this Regula telhilfe (Verordnung ( EWG) Nr. 1813/76) zur Ver tion . schiffung im Hafen von . . . bestimmt' ; — ' Fornitura di latte scremato in polvere a titolo di Article 16 aiuto alimentare (regolamento (CEE) n . 1813 / 76) destinato ad essere imbarcato nel porto di . . .' ; This Regulation shall enter into force on the day following its publication in the Official Journal of (') OJ No L 295 , 24 . 11 . 1969 , p . 14 . ( 2 ) OJ No L 66 , 13 . 3 . 1973 , p . 23 . the European Communities.
28 . 7 . 76 Official Journal of the European Communities No L 202/ 13
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 27 July 1976.
For the Commission
P.J. LARDINOIS ■. Member of the Commission
No L 202/ 14 Official Journal of the European Communities 28 . 7 . 76
ANNEX I
Designation Quantity of the lot Recipient country Port of unloading of the lot (in metric tons)
Cisjordan A 250 Ashdod Gaza-Sinaï' - B 200 Jordan Aqaba C 150 Philippines Manila D 300 Chile Valparaiso E 500 Panama Panama
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 1 5 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 01 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
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/ m -' ; — one interposed tar-lined paper bag, of a strength representing at least 140 g/ m 2 or one Kraft paper bag with polyethylene layer, of a strength representing at least 70 g + 15 g/ m 2 ; — one polyethylene inner bag at least 0-08 mm thick double bound (c) The packaging of the skimmed-milk powder shall bear a Red Cross, 10 cm / 10 cm and in letters at least 1 cm high the following inscription : — as regards lots A-C : 'Skimmed-milk powder containing vitamins "A" (5 000 i.u / 100 g) — Gift of the European Economic Community — Action of the International Committee of the Red Cross — For free distribution '. — as regards lots D-E : ' Leche desnatada en polvo con vitaminas " A" (5 000 u.i./ l()0 g) — Donacion de las Comu nidades Europeas — Accion del Comite International de la Cruz Roja — Por distribution gratuita '.