31976R2073
24 . 8 . 76 No L 233 / 5 Official Journal of the European Communities
COMMISSION REGULATION ( EEC) No 2073/ 76 of 20 August 1976 concerning the issue of an invitation to tender for the supply to the Office of the United Nations High Commissioner for Refugees for the benefit of the people of Vietnam for use as food aid of vitaminized skimmed-milk powder to be purchased on the Community market
THE COMMISSION OF THE EUROPEAN Whereas Article 5 of Regulation (EEC) No 1347/75 COMMUNITIES, provides that for the purposes of the supply and ship ment of skimmed-milk powder invitations to tender Having regard to the Treaty establishing the European are to be issued ; Economic Community, Whereas the procedure to be adopted for this Having regard to Council Regulation ( EEC) No tendering should in the main be the procedure used 804/68 of 27 June 1968 on the common organization hitherto in similar cases ; of the market in milk and milk products ('), as last amended by Regulation (EEC) No 559 /76 (2 ), and in Whereas the measures provided for in this Regulation particular Article 7 (5) thereof, are in accordance with the opinion of the Manage ment Committee for Milk and Milk Products, Having regard to Council Regulation (EEC) No 1347/75 of 26 May 1975 laying down the general rules for the supply of skimmed-milk powder under the 1975 food-aid programme to certain developing countries and certain international organizations (3 ), HAS ADOPTED THIS REGULATION : and in particular Article 6 thereof,
Whereas Council Regulation ( EEC) No 1348/75 of 26 Article 1 May 1975 on the supply of skimmed-milk powder as food aid to certain developing countries and interna tional organizations under the 1975 programme ^), 1 . Tenders shall be invited in accordance with provides for a reserve stock of 3 800 metric tons of Regulations ( EEC) No 1347/75, (EEC) No 1348 /75 skimmed-milk powder ; whereas, according to and (EEC) No 1528 /76 for the costs of delivering to the UNHCR a lot of 300 metric tons of vitaminized Council Regulation ( EEC) No 1528 /76 of 21 June 1976 on the supply, as a matter of urgency, of skim skimmed-milk powder for Vietnam . med-milk powder to the International Committee of the Red Cross, to the United Nations Commissioner 2 . Delivery shall be effected cif Ho-Chi-Minh-Ville . for the benefit of refugees, and to the United Nations Funds for Children, for the benefit of the people of The shipping shall take place as soon as possible and Vietnam , as food aid , pursuant to Regulation ( EEC) not later than 10 October 1976 . No 1348/75 (5), 300 metric tons from this reserve shall be allocated to the Office of the United Nations High Commissioner for Refugees ( UNHCR) for the benefit 3 . The skimmed-milk powder shall meet the of the people of Vietnam ; whereas this organization requirements as to quality and packaging set out in has requested the delivery of the abovementioned the Annex to this Regulation . quantity of vitaminized skimmed-milk powder for this destination ; 4. The successful tenderer shall supply a further 5 % of empty bags identical to those containing the Whereas Article 2 (2) of Council Regulation ( EEC) No goods. He undertakes to have these bags mentioned 1347/75 provides that, if there is not enough skim on the bill of lading. med-milk powder available in public stocks with the characteristics necessary for the particular destination where this requires, in particular, the addition of vita /1 ft itie 2 mins, supplies shall be obtained by purchase of skim med-milk powder on the Community market ; 1 . The intervention agencies shall frame a notice of (') OJ No L 148 , 28 . 6 . 1968 , p. 13. invitation to tender which shall be published in the (-') OJ No L 67 , 15 . 3 . 1976, p. 9 . Official Journal of the European Communities not (3 ) OJ No L 138 , 29 . 5 . 1975, p. 1 . (->) OJ No L 138 , 29 . 5 . 1975, p. 3 . less than 10 days before the closing date for the (5 ) OJ No L 170, 29 . 6 . 1976, p. 2 . submission of tenders .
No L 233 6 24 . 8 . 76 Official Journal of the European Communities
Article 6 2. The closing date for the submission of tenders shall be 7 September 1976 at 12 noon . 1 . A tender shall be refused if the price proposed, converted into units of account, is more than the Article 3 maximum price fixed for the lot in question .
1 . Tenders, which shall be in writing, shall be 2 . Subject as provided in paragraph 1 , the successful tenderer shall be the one whose offer, submitted either by delivery by hand to an interven converted into units of account, is the lowest. Where tion agency against acknowledgement of receipt or by registered letter addressed to an intervention agency. two or more valid offers specifying identical amounts, as converted into units of account, are received by a Intervention agencies may also authorize the use of given intervention agency, the award shall be made by telex . drawing lots. Where such offers are made to different intervention agencies, the award shall be made by the 2 . The tender shall indicate inter alia : intervention agency selected in accordance with the procedure referred to in Article 5. (a) the name and address of the tenderer ; 3 . The intervention agency shall immediately (b) the port or ports of loading, chosen from among inform each tenderer whether he has been awarded Community ports ; the contract .
(c) the price, exclusive of taxes, expressed in the 4. Rights and obligations arising in connection currency of the Member State in which the tender with the invitation to tender shall not be transferable . is presented, at which the tenderer undertakes to supply, in accordance with the specifications laid 5 . The intervention agencies shall immediately down in the Annex, the entire quantity of the lot inform the Commission of the successful tenderer's put out to tender. name and address . Such price shall be inclusive of transport insur ance costs to the stage referred to in Article 1 (2) Article 7 for delivery.
1 . The successful tenderer shall deliver a quantity 3 . A tender shall be valid only if : of skimmed-milk powder satisfying the requirements (a) it relates to the entire quantity of the lot put out to as to quality and packaging laid down in the Annex. tender ; 2. Delivery cif shall be completed when the goods (b) proof is given before expiry of the period set for are actually deposited on the quayside or on board a the submission of tenders that the security referred lighter at the port of unloading. to in Article 4 has been provided . 3 . The recipient organization shall bear all expendi 4. No tender may be withdrawn . ture incurred after delivery, including acceptance costs . Article 4 Article 8 1 . The tendering security shall be 20 units of account per metric ton of skimmed-milk powder. Any demurrage costs at the port of unloading attribu table to the recipient shall be borne by it . The rates 2 . It shall take the form , at the discretion of the and other details concerning such costs shall be laid Member State concerned, either of a cheque made out down in the contract between the successful tenderer in favour of the intervention agency, or of a bank and the carrier and must have been previously agreed guarantee which satisfies the criteria fixed by the upon by the successful tenderer acting as Community Member State . agent and the recipient's delivery agent.
Article5¶
In the light of the tenders received and in accordance 1 . The intervention agency concerned shall as soon with the procedure laid down in Article 30 of Regula as possible notify the recipient body of the name of tion ( EEC) No 804/68 a maximum price, expressed in the vessel , the date of loading, the quantity and the units of account, shall be fixed or alternatively a deci quality of the goods as recorded at the time of loading sion shall be taken to make no award . and the port of unloading.
24 . 8 . 76 No L 233/7 Official Journal of the European Communities
2. The successful tenderer shall inform the recip — Delivery of skimmed-milk powder as food aid ient at least 10 clear days in advance of the expected (Regulation (EEC) No 2073/76) to be shipped date of arrival of the ship in the port of unloading. from the port of . . The successful tenderer shall have included in the — ' Livraison de lait écrémé en poudre à titre d aide terms of the charter-party a provision stipulating that alimentaire (règlement (CEE) n0 2073/76) destinée the ship's captain shall inform the recipient at least 72 à être embarquée au port de . . hours in advance of the ship's probable date of arrival — Lieferung von Magermilchpulver als Nahrung in port . smittelhilfe (Verordnung (EWG) Nr. 2073/76) zur Verschiffung im Hafen von . . . bestimmt', Article 10 — Fornitura di latte scremato in polvere a titolo di aiuto alimentare (regolamento (CEE) n . 2073/76) 1 . The competent agency of the Member State in destinata ad essere imbarcata nel porto di . . which the contract is awarded shall check that the — ' Levering van magere-melkpoeder als voedselhulp skimmed-milk powder in question satisfies require (Verordening (EEG) nr. 2073/76) bestemd om te ments as to quality and packaging laid down in the worden verscheept in de haven van . . Annex . — Levering af skummetmælkspulver som fødeva 2. If the goods are found to satisfy those require rehjælp (forordning (EØF) nr. 2073/76) bestemt til ments, the agency shall , before completion of the lastning i havnen i . . .'. customs formalities referred to in Article 11 ( 1 ), provide the successful tenderer with a certificate to Article 12 that effect .
3 . On delivery the recipient organization shall issue 1 . Except in cases of force majeure, the tendering a certificate proving taking delivery of the goods, security shall be released only if : stating that delivery of that quantity of skimmed-milk (a) the tender has not been accepted ; powder has been taken at the stage specified in Article 1 (2). (b) the tenderer : — has not withdrawn his tender before the contract is awarded , Article 11 — has furnished the certificates provided for in 1 . Customs export formalities shall be carried out Article 10 (2) and (3). in the Member State in which the award of contract is made . 2. Release of the security shall take place immedi ately . 2. If the port of loading specified in the tender is situated in a Member State other than that in which 3 . In cases of force majeure, the intervention the customs export formalities are carried out, the agency shall decide on the measures to be taken goods shall , on completion of such formalities, be having regard to the circumstances invoked. placed under customs control with the object of ensuring that they are loaded at the port specified in the tender . Article 13
Proof of loading can be furnished only by production The amount referred to in Article 3(2)(c) shall be of the control copy referred to in Article 1 of Commis paid only on production of the certificates provided sion Regulation ( EEC) No 2315/ 69 of 19 November for in Article 10 ( 2) and ( 3). 1969 on the use of Community transit documents for the purpose of applying Community measures for veri Article 14 fying the use and/or destination of goods ('), as amended by Regulation ( EEC ) No 690 / 73 (2 ). Except in cases of force majeure, the successful Sections 101 , 103 and 104 of the control copy shall be tenderer shall accept all financial liability devolving upon the Community by reason of failure to load the completed . skimmed-milk powder by the date specified in Article Section 104 shall be completed by deleting as neces 1 ( 2). sary and entering against the second indent one of the following endorsements : Costs incurred by reason of failure to deliver the skim med-milk powder as a result of force majeure shall be (') O ) No L 295 , 24 . 11 . 1969 , p . 14 . borne by the competent agency of the Member State in which the award of contract is made . (-') OJ No L 66 , 13 . 3 . 1973 , p . 23 .
No L 233/8 Official Journal of the European Communities 24 . 8 . 76
Article15¶
No refund or compensatory amount (whether mone tary or accession) shall be applicable in respect of This Regulation shall enter into force on the day skimmed-milk powder supplied under this Regula following its publication in the Official Journal of tion . the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 20 August 1976.
For the Commission P.J. LARDINOIS Member of the Commission
24 . 8 . 76 No L 233 / 9 Official Journal of the European Communities
ANNEX
I. Skimmed-milk powder requirements
(a) fat content : 1-5% maximum (b) water contant : 4-0 % maximum (c) total acidity in lactic acid : 0-15% maximum ( 18° Dornic) (d) test for neutralization agents : negative none (e) authorized additives : (f) phosphatase test : negative (g) solubility : 0-5 % ml maximum (99 % minimum) (h) degree of purity : disc B ( 15 0 mg maximum ) (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/ m 2 ; — 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, in letters at least 1 cm high , the following inscription : ' Lait écrémé en poudre vitamine / Don de la Communaute économique européenne a l'UNHCR en faveur du peuple du Vietnam .'