31976R2003
13 . 8 . 76 No L 220 / 19 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 2003/76 of 10 August 1976 on the invitation to tender for the costs of delivery to the Republic of Senegal of skimmed-milk powder as food aid
THE COMMISSION OF THE EUROPEAN port of unloading Dakar pursuant to Article 5 to the COMMUNITIES, Republic of Senegal of a lot of 200 metric tons of skimmed-milk powder bought in under Article 7 ( 1 ) Having regard to the Treaty establishing the European of Regulation (EEC) No 804/68, and held by the Economic Community, French intervention agency.
2. At the time it is withdrawn from stock, the skim Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization med-milk powder shall, as to quality, satisfy the re quirements laid down in Annex I to Commission of the market in milk and milk products ('), as last Regulation (EEC) No 1108/68 of 27 July 1968 on amended by Regulation (EEC) No 559/76 (2), and in detailed rules of application for the public storage of particular Articles 7 (5) and 28 thereof, skimmed-milk powder (5), as last amended by Regula tion (EEC) No 1457/75 (6). Whereas Council Regulation (EEC) No 1348/75 of 26 May 1975 on the supply of skimmed-milk powder as The conditipns for packing are laid down in the food aid to certain developing countries and interna tional organizations under the 1975 programme (3), Annex to this Regulation . makes provisions for a reserve of 3 800 metric tons of skimmed-milk powder ; whereas 200 metric tons of 3 . The intervention agency shall supply a further skimmed-milk powder to be taken out of this reserve 2 % empty bags identical to those containing the shall be made available to the Republic of Senegal ; goods. The successful tenderer undertakes to have whereas this country has requested the supply of the these bags mentioned on the bill of lading. abovementioned quantity ; 4. Loading shall take place as soon as possible and Whereas under Article 5 of Council Regulation (EEC) not later than 30 September 1976. No 1347/75 of 26 May 1975 laying down general rules for the supply of skimmed-milk powder as food aid to certain developing countries and international Article 2 organizations (4), such supplies are as a rule to be put out to tender ; 1 . The French intervention agency shall draw up the notice of invitation to tender, which shall be Whereas the tendering procedure should for the main published in the Official Journal of the European point be retained as the procedure determined at the Communities not less than 10 days before the closing present time for similar cases ; date for the submission of tenders .
Whereas the measures provided for in this Regulation 2. The closing date for the submission of tenders are in accordance with the opinion of the Manage shall be 24 August 1976 at 12 noon . ment Committee for Milk and Milk Products,
3 . The intervention agency shall indicate in its notice the warehouses where the skimmed-milk powder is held. HAS ADOPTED THIS REGULATION :
Article3¶
1 . Tenders shall be invited in accordance with the 1 . Tenders, which shall be in writing, shall be provisions of Regulations (EEC) No 1347/75, and submitted either by delivery by hand to the interven (EEC) No 1348/75, for the costs of delivery quayside, tion agency against acknowledgment of receipt or by registered letter addressed to the intervention agency. (>) OJ No L 148 , 28 . 6. 1968 , p. 13 . (2) OJ No L 67, 15 . 3 . 1976, p. 9 . (3) OJ No L 138 , 29 . 5 . 1975, p. 3 . (?) OJ No L 184, 29 . 7 . 1968 , p. 34. 4) OJ No L 138 , 29 . 5. 1975, p. 1 . (') OJ No L 145, 6. 6 . 1975, p. 17.
No L 220/20 Official Journal of the European Communities 13 . 8 . 76
2 . The tender shall indicate : tion (EEC) No 804/68 , a maximum amount, expressed in units of account, shall be fixed or alternatively a (a) the name and address of the tenderer ; decision shall be taken to make no award . (b) the amount, expressed in French francs, for which the tenderer undertakes to deliver the skimmed Article 7 milk powder quayside, port of unloading under the conditions laid down in Article 5 including 1 . A tender shall be refused if the amount the insurance costs covering the value of the goods ; proposed, converted into units of account, is more than the maximum fixed for the lot in question . (c) the port of embarkation, which may be any Community port. 2. Without prejudice to the provisions of paragraph 1 , the successful tenderer shall for each lot be the one 3 . The tender shall not be valid unless : making the lowest offer. Where two or more valid (a) it relates to the whole of the lot to which the invita offers specify amounts which when converted into tion to tender relates ; units of account are identical , the award shall be made by drawing lots. (b) proof is furnished that before the time limit for submission of tenders has expired, the tenderer 3 . Each tenderer shall be immediately notified by has given the security fixed in Article 4. the intervention agency of the result of his participa tion in the invitation to tender . The intervention 4. The tender may not be withdrawn . agency concerned shall immediately inform the Commission of the name and address of the Article 4 successful tenderers .
1 . The security required for the invitation to tender 4. Rights and obligations arising in connection shall be two units of account per metric ton of skim with the invitation to tender shall not be transferable . med-milk powder.
2. It shall take the form , at the option of the Article 8 Member State concerned, either of a cheque made out in favour of the intervention agency, or of a bank When the successful tenderer takes delivery of the guarantee which satisfies the criteria laid down by the skimmed-milk powder, he shall ensure that the quan Member State . tity handed over corresponds to the quantity to be delivered .
Article 5 Furthermore, he shall ensure that the packing of the skimmed-milk powder satisfies the requirements laid 1 . Delivery costs shall be the costs incurred up to down in Article 1 (2). the time when the goods are unloaded on the quay side at the port of unloading, all costs subsequent to delivery, including costs of taking delivery, to be Article 9 borne by the recipient country. The French Government shall : 2. Any costs in respect of delays in taking delivery of the goods which are to be borne by the recipient 1 . ensure that the successful tenderer shall : country shall be attributable to this country. (a) notify the recipient country as soon as possible 3 . Except in cases of force majeure every successful after the goods have left the place of embarka tenderer shall accept all financial liability devolving tion of details of the ship, the loading date, the upon the Community by reason of failure to deliver quantity and quality of the goods as recorded the skimmed-milk powder at the place and by the on shipment ; time appointed, provided always that the recipient (b) at least 10 clear days in advance, inform the country has made it possible for the skimmed-milk recipient country of the expected date of arrival powder to be so delivered. Costs incurred by reason of at the port of ship's unloading ; failure to deliver the skimmed-milk powder as a result (c) have included in the terms of the charter party of force majeure shall be borne by the French inter a provision stipulating that the ship's captain vention agency. shall , at least 72 hours in advance, notify the recipient country of the ship's probable date of Article 6 arrival in port ;
In the light of the tenders received and in accordance 2. send to the Commission as soon as possible the with the procedure laid down in Article 30 of Regula information specified in paragraph 1 (a) and (b).
13 . 8 . 76 No L 220 / 21 Official Journal of the European Communities
Article 10 measures to be taken having regard to the circum stances invoked . 1 . Delivery quayside, port of unloading shall be considered as completed when the goods are actually deposited on the quayside at the port of unloading. Article 13
2. On delivery in accordance with paragraph 1 , the The intervention agency shall pay to the successful recipient country shall issue a certificate declaring that tenderer the amount stated in his tender upon produc the skimmed-milk powder has been delivered. tion of the certificate referred to in Article 10 (2).
Article11¶
1 . Save in the case of force majeure, the tendering Article 14 security shall be released only if : (a) the tender has not been accepted ; No refund or compensatory amount (whether mone (b) the tenderer : tary or accession) shall be applied in respect of the — has not withdrawn his tender before the deci skimmed-milk powder to which this Regulation sion awarding the tender, applies . — has furnished the certificate provided for in Article 10 (2).
2. The security shall be released immediately. Article 15
Article 12 This Regulation shall enter into force on the third day In cases of force majeure the intervention agency following its publication in the Official Journal of selling the skimmed-milk powder shall decide on the the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 10 August 1976. For the Commission
P.J. LARDINOIS Member of the Commission
No L 220/22 Official Journal of the European Communities 13 . 8 . 76
ANNEX
CONDITIONS FOR PACKING
The packing containing a net weight of 25 kg and made up in one of the following ways : I. Four Kraft paper bags of a strength representing at least 70 g/m 2 ; one interposed tar-lined paper bag, of a strength representing at least 140 g/m 2 ; one polyethylene inner bag at least 0 06 mm thick, welded or double bound. II . One One Kraft paper bag of a strength representing at least 70 g/m 2 ; one Kraft paper bag with a polyethylene layer of a strength representing at least 80 g + 15 g/ m 2 ; three Kraft paper bags of a strength representing at least 70 g/m 2 ; one polyethylene inner bag at least 0 06 mm thick, welded or double bound . III . One Kraft paper outer bag of a strength representing at least 85 g/m2 ; one Kraft paper bag with a polyethylene layer of a strength representing at least 70 g + 15 g/ m2 ; two Kraft paper bags of a strength representing at least 70 g/m 2 ; one polyethylene inner bag at least 012 mm thick, welded or double bound. IV. The packing shall be marked with the following markings in letters at least 1 cm high : ' Lait écrémé en poudre / Don de la Communauté économique européenne a la république du Sénégal / Non vitaminé'.