31976R2357
30 . 9 . 76 Official Journal of the European Communities No L 267/ 19
COMMISSION REGULATION (EEC) No 2357/76 of 29 September 1976 concerning the issue of an invitation to tender for the supply to certain third countries for use as food aid of vitaminized skimmed-milk powder to be purchased on the Community market
THE COMMISSION OF THE EUROPEAN whereas Regulation (EEC) No 1298/76 provides in COMMUNITIES, Article 2 (2) that, if the amounts of skimmed-milk powder in public stocks do not have the characteris Having regard to the Treaty establishing the European tics necessary for their particular destination where Economic Community, this requires, in particular, the addition of vitamins, supply shall be ensured by the buying-in of skimmed Having regard to Council Regulation (EEC) No milk powder on the Community market ; 804/68 of 27 June 1968 on the common organization of the market in milk and milk products ('), as last amended by Regulation (EEC) No 559/76 (2), and in Whereas Article 5 of Regulation (EEC) No 1298/76 particular Article 7 (5) thereof, provides that for the purpose of the supply and ship ment of skimmed-milk powder invitations to tender Having regard to Council Regulation (EEC) No are to be issued ; 1298/76 of 1 June 1976 laying down general rules for the supply of skimmed-milk powder as food aid to Whereas the measures provided for in this Regulation certain developing countries and international organi are in accordance with the opinion of the Manage zations under the 1976 programme (3), as amended by ment Committee for Milk and Milk Products, Regulation (EEC) No 201 7/76 (4), and in particular Article 6 thereof,
Whereas Council Regulation (EEC) No 1299/76 of 1 June 1976 on the supply of skimmed-milk powder as HAS ADOPTED THIS REGULATION : food aid to certain developing countries and interna tional organizations under the 1976 programme (5) provides, respectively, for 800 metric tons of skimmed milk powder to be made available to the Arab Repu Article 1 blic of Egypt and for 600 metric tons of skimmed milk powder to be made available to the Hashemite 1 . Tenders shall be invited in accordance with the Kingdom of Jordan ; provisions of Regulations (EEC) No 1298/76, (EEC) Whereas Council Regulation (EEC) No 2018/76 of 27 No 1299/76 and (EEC) No 2018/76, for the costs of July 1976 on the additional supply of skimmed-milk supplying : powder as food aid to certain developing countries, — 1 500 metric tons of vitaminized skimmed-milk international organizations and non-governmental organizations under the 1976 programme (6) provides, powder to the Arab Republic of Egypt and divided respectively, for 5 200 metric tons of skimmed-milk up into the following lots : powder to be made available to the Arab Republic of — Lot A1 : 500 metric tons, Egypt and for 500 metric tons of skimmed-milk — Lot A2 : 500 metric tons, powder to be made available to the Hashemite — Lot A3 : 500 metric tons . Kingdom of Jordan ; — 1 100 metric tons of vitaminized skimmed-milk Whereas the Arab Republic of Egypt has requested powder to the Hashemite Kingdom of Jordan and the delivery of 1 500 metric tons of vitaminized divided up into the following lots : skimmed-milk powder, 800 metric tons of which represent the quantity provided for by Regulation — Lot B1 : 550 metric tons, (EEC) No 1299/76 ; whereas the Hashemite Kingdom — Lot B2 : 550 metric tons . of Jordan has requested the delivery of the entire quantity of 1 100 metric tons of vitaminized skimmed 2. The skimmed-milk powder shall meet the milk powder ; requirements as to quality and packaging set out in the Annex to this Regulation . (') OJ No L 148, 28 . 6 . 1968 , p. 13 (2 ) OJ No L 67, 15 . 3 . 1976, p. 9 . (3) OJ No L 146, 4. 6. 1976, p . 3 . 3 . The successful tenderer shall deliver, as a supple (") OJ No L 224, 16. 8 . 1976, p . 1 . (s) OJ No L 146, 4. 6. 1976, p . 5. ment, 5 % empty bags similar to those containing the (') OJ No L 224, 16. 8 . 1976, p . 2. goods.
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4. The packaging of the skimmed-milk powder tender for how many lots — under these conditions shall bear the following inscription in letters at least 1 — it is valid . cm high : 3 . The tender shall indicate inter alia : — as regards Lots Al to A3 : (a) the name and address of the tenderer ; 'Skimmed-milk powder, enriched with vitamins A and D — Gift of the European Economic Commu (b) the price, exclusive of taxes, expressed in the nity to Egypt — For free distribution' ; currency of the Member State in which the tender is presented, at which the tenderer undertakes to — as regards Lots B1 and B2 : supply, under the stipulated conditions, the total 'Skimmed-milk powder, enriched with vitamins A quantity to which his tender relates. and D — Gift of the European Economic Commu nity to the Hashemite Kingdom of Jordan — For Such price shall be inclusive of transport insur free distribution .' ance costs to the stage for delivery.
4. A tender shall be valid only if the proof is given Article 2 before expiry of the period set for the submission of tenders that the security referred to in Article 5 has 1 . Delivery shall be effected : been provided.
— as regards Lots Al to A3, from a port to be desig 5. No tender may be withdrawn . nated in the tender, chosen from among Commu nity ports accessible for ocean-going ships and having a regular line to Alexandria, Article "> — as regards Lots B1 and B2, from a port to be desig nated in the tender, chosen from among Commu 1 . The tendering security shall be 20 units of nity ports accessible for ocean-going ships and account per metric ton of skimmed-milk powder. having a regular line to the country of destination . 2. It shall take the form , at the discretion of the 2. Delivery at the port of shipment shall take place Member State concerned, either of a cheque made out on a date fixed by the intervention agency concerned in favour of the intervention agency, or of a bank and which must be after 10 and before 30 November guarantee which satisfies the criteria fixed by the 1976 . Member State .
3 . The time limit for the submission of tenders Article 6 expires on 12 October 1976 at 12 noon .
In the light of the tenders received and in accordance Article 3 with the procedure laid down in Article 30 of Regula tion (EEC) No 804/68 a maximum amount, expressed in units of account, shall be fixed or alternatively a The intervention agencies shall frame a notice of invi decision shall be taken to make no award . tation to tender which shall be published in the Offi cial Journal of the European Communities not less than 10 days before the closing date for the submis Article 7 sion of tenders .
1 . A tender shall be refused if the price proposed, converted into units of account, is more than the Article 4 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 submitted either by delivery by hand to an interven successful tenderer shall be the one whose offer, tion agency against acknowledgement of receipt or by converted into units of account, is the lowest. Where registered letter to an intervention agency. Interven two or more valid offers specifying identical amounts, tion agencies may also authorize the use of telex. as converted into units of account, are received by a given intervention agency, the award shall be made by 2. A tender shall be valid only if it relates to the drawing lots. Where such offers are made to different entire quantity of a lot put out to tender. Moreover, a intervention agencies , the award shall be made by the tender shall relate only on lots designated by the same intervention agency selected in accordance with the capital letter. The tenderer shall make precise in his procedure referred to in Article 6.
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3. The intervention agency shall immediately 2. If the port of loading specified in the tender is inform each tenderer whether he has been awarded situated in a Member State other than that in which the contract. the customs export formalities are carried out, the goods shall, on completion of such formalities, be 4. Rights and obligations arising in connection placed under customs control with the object of with the invitation to tender shall not be transferable . ensuring that they are loaded at the port specified in the tender. 5. The intervention agencies shall immediately communicate to the Commission the tenderer's name Proof of loading can be furnished only by production and address . of the control copy referred to in Article 1 of Commis sion Regulation (EEC) No 2315/69 of 19 November 1969 on the use of Community transit documents for Article 8 the purpose of applying Community measures for veri fying the use and/or destination of goods ('), as 1 . The successful tenderer shall deliver at the port amended by Regulation (EEC) No 690/73 (2). designated in the tender and on the date fixed by the recipient country the quantity of skimmed-milk Sections 101 , 103 and 104 of the control copy shall be powder meeting the requirements as regards quality completed . and packaging laid down in the Annex to this Regula tion . Any schedule for instalment deliveries shall be Section 104 shall be completed by deleting as neces fixed by the recipient country's agent in agreement sary and entering against the second indent one of the with the successful tenderer. following endorsements :
— 'Delivery of skimmed-milk powder as food aid 2. The goods shall be regarded as delivered when (Regulation (EEC) No 2357/76) to be shipped they are deposited at the place of exportation at the from the port of . . .' ; point designated by the recipient country or its agent. — ' Livraison de lait écrémé en poudre à titre d aide alimentaire (règlement (CEE) n0 2357/76) destinée Article 9 a être embarquée au port de . . .' ; — ' Lieferung von Magermilchpulver als Nahrungsmit Upon delivery of the goods at the port of embarka telhilfe (Verordnung (EWG) Nr. 2357/76) zur Vers tion, the recipient country's agent shall hand to the chiffung im Hafen von . . . bestimmt' ; successful tenderer acting as agent for the Community — Fornitura di latte scremato in polvere a titolo di a letter of acceptance. aiuto alimentare (regolamento (CEE) n . 2357/76) destinata ad essere imbarcata nel porto di . . .' ; Article 10 — ' Levering van magere-melkpoeder als voedselhulp Verordening (EEG) nr. 2357/76) bestemd 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 the requir rehjælp (forordning (EØF) nr. 2357/76) bestemt til ements as to quality and packaging laid down in the lastning i havnen i Annex .
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 security shall be released only if : that effect. (a) the tender has not been accepted ; 3 . On delivery the recipient country shall issue a (b) the tenderer : certificate stating that delivery of that quantity of — has not withdrawn his tender before the skimmed milk as well as the empty bags referred to in Article 1 (3) have been taken at the stage specified in contract is awarded, •» Article 2 ( 1 ). — has furnished the certificates provided for in Article 10 (2) and (3).
Article 11 2. Release of the security shall take place immedi ately. 1 . Customs export formalities shall be carried out in the Member State in which the award of contract is (') OJ No L 295, 24. 11 . 1969, p. 14. made . (2) OJ No L 66, 13 . 3 . 1973, p. 23 .
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Article 13 shall be borne by the competent agency of the Member State concerned . In cases of force majeure, the intervention agency shall decide on the measures to be taken having regard to the circumstances invoked.
Article14¶
The amount referred to in Article 4 (3) (b) shall be paid only on production of the certificate provided for No refund or compensatory amount (whether mone in Article 10 (2) and (3). tary or accession) shall be applicable in respect of skimmed-milk powder supplied under this Regula Article 15 tion .
Except in cases of force majeure, the successful tenderer shall accept all financial liability developing upon the Community by reason of failure to load the Article 17 skimmed-milk powder at the place and in due time, the recipient country having effected the delivery at the place and by the time appointed. This Regulation shall enter into force on the day Costs incurred by reason of failure to deliver the following its publication in the Official Journal of skimmed-milk powder as a result of force majeure the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 29 September 1976. For the Commission
P.J. LARDINOIS Member of the Commission
30 . 9 . 76 Official Journal of the European Communities No L 267/23
ANNEX
I. Skimmed-milk powder requirements
(a) fat content : 1-5 /o maximum (b) water content : 4 0 % maximum (c) total acidity in lactic acid : 015% maximum ( 18° Domic) (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 maximum) (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 4 (n) vitamin enrichment : (aa) vitamin A : 5 000 l.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/m2 or one Kraft paper bag with polyethylene layer, of a strength representing at least 70 g 4- 15 g/m 2 ; — one polyethylene inner bag at least 0 08 mm thick double bound.