31976R2479
13 . 10 . 76 Official Journal of, the European Communities No L 281/ 17
COMMISSION REGULATION (EEC) No 2479/76 of 12 October 1976 concerning the issue of an invitation to tender for the supply to the People's Republic of Mozambique for use as food aid of vitaminized skimmed-milk powder to be purchased on the Community market
THE COMMISSION OF THE EUROPEAN Whereas Article 2 (2) of Regulation (EEC) No 1298/76 COMMUNITIES, provides that if there is enough skimmed-milk powder available in public stocks with the characteris tics necessary for the particular destination where this Having regard to the Treaty establishing the European requires, in particular, the addition of vitamins, Economic Community, supplies shall be obtained by purchase on the Commu nity market ; Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization Whereas Article 5 of Regulation (EEC) No 1298/76 of the market in milk and milk products (! ), as last provides that for the purpose of the supply and ship amended by Regulation (EEC) No 559/76 (2), and in ment of skimmed-milk powder invitations to tender particular Article 7 (5) thereof, are to be issued ;
Having regard to Council Regulation (EEC) No Whereas the procedure to be adopted for this 1298/76 of 1 June 1976 laying down general rules for tendering should in the main be the procedure used the supply of skimmed-milk powder, as food aid, to hitherto in similar cases ; certain developing countries and certain international organizations under the 1976 programme (3), as amended by Regulation (EEC) No 2017/76 (4), and in Whereas the measures provided for in this Regulation particular Article 6 thereof, are in accordance with the opinion of the Manage ment Committee for Milk and Milk Products,
Whereas Council Regulation (EEC) No 1299/76 of 1 June 1976 on the supply of skimmed-milk powder as food aid to certain developing countries and interna tional organizations under the 1976 programme ^), HAS ADOPTED THIS REGULATION : provides for a reserve stock of 3 630 metric tons of skimmed-milk powder ; whereas according to Council Regulation (EEC) No 2023/76 of 27 July 1976 on the emergency supply of skimmed-milk powder to the Article 1 People's Republic of Mozambique in favour of needy persons in that country as food aid pursuant to Regula tion (EEC) No 1 299/76 (6), 300 metric tons of this 1 . Tenders shall be invited in accordance with reserve stock shall be allocated to the People's Repu Regulations (EEC) No 1298/76, (EEC) No 1299/76 blic of Mozambique ; and (EEC) No 2023/76, for the costs of supplying to the People's Republic of Mozambique a lot of 1 050 metric tons of yitaminized skimmed-milk powder Whereas Council Regulation (EEC) No 2018 /76 of 27 divided into the following lots : July 1976 on the additional supply of skimmed-milk powder as food aid to certain developing countries, — Lot A : 350 metric tons, international organizations and non-governmental — Lot B : 350 metric tons, organizations under the 1976 programme (7), provides — Lot C : 350 metric tons . inter alia for 750 metric tons of skimmed-milk powder to be made avaiilable to the People's Republic of Mozambique ; whereas this country has requested 2. Delivery shall be effected at the following ports the supply of 1 050 metric tons of vitaminized skim of unloading : med-milk powder ; — as regards Lot A : Maputo, (') OJ No L 148 , 28 . 6. 1968 , p . 13 . — as regards Lot B : Beira, (2) OJ No L 67, 15. 3 . 1976, p. 9 . (3) OJ No L 146, 4. 6. 1976, p. 3 . — as regards Lot C : Nagala. (4) OJ No L 224, 16 . 8 . 1976, p . 1 . (5) OJ No L 146, 4. 6. 1976, p. 5 . (6) OJ No L 224, 16 . 8 . 1976, p. 8 . 3 . Loading shall take place as soon as possible and 0 OJ No L 224, 16. 8 . 1976, p. 2. not later than 20 December 1976 .
No L 282/ 18 Official Journal of the European Communities 13 . 10 . 76
4. The skimmed-millc powder shall meet : 3. A tender shall be valid only if :
— as to quality, the requirements set out in the (a) it relates to the entire quantity of a lot put out to Annex to this Regulation , tender ; — as to packing, the requirements set out in Annex I (b) proof is given before expiry of the period set for to Commission Regulation (EEC) No 1108/68 of the submission of tenders that the security referred 27 July 1968 on detailed rules of application for to in Article 4 has been provided. public storage of skimmed-milk powder ( J ), as last amended by Regulation (EEC) No 1457/75 (2). 4. No tender may be withdrawn . 5. The successful tenderer shall deliver, as a supple ment, 5 % empty bags similar to those containing the Article 4 goods. He shall undertake to have these bags mentioned on the bill of lading. 1 . The tendering and delivery security shall be 20 6. The packing of the skimmed-milk powder shall units of account per metric ton of skimmed-milk bear a marking in letters at least one centimetre high powder. indicating : 2. It shall take the form , at the discretion of the ' Lait ecréme en poudre / enrichi en vitamines A et Member State concerned, either of a cheque made out D / Don de la Communauté économique européenne in favour of the intervention agency, or of a bank à la république populaire du Mozambique / à distri guarantee which satisfies the criteria fixed by the buer gratuitement'. Member State .
Article 2 Article 5 1 . The intervention agencies shall frame a notice of invitation to tender which shall be published in the In the light of the tenders received and in accordance Official Journal of the European Communities not with the procedure laid down in Article 30 of Regula less than 10 days before the closing date for the tion (EEC) No 804/68 a maximum price, expressed in submission of tenders . units of account, shall be fixed or alternatively a deci sion shall be taken to make no award . 2. The closing date for the submission of tenders shall be 26 October 1976, at 12 noon . ' A rticle 6 Article 3 1 . A tender shall be refused if the price proposed, converted into units of account, is more than the 1 . Tenders, which shall be in writing, shall be submitted either by delivery by hand to an interven maximum price fixed for the lot in question . tion agency against acknowledgement of receipt or by registered letter addressed to an intervention agency. 2. Subject as provided in paragraph 1 , the successful tenderer shall be the one whose offer, Intervention agencies may also authorize the use of converted into units of account, is the lowest. Where telex . two or more valid offers specifying identical amounts, as converted into units of account, are received by a 2. The tender shall indicate inter alia : given intervention agency, the award shall be made by drawing lots. Where such offers are made to' different (a) the name and address of the tenderer ; intervention agencies, the award shall be made by the (b) the port or ports of loading, chosen from among intervention agency selected in accordance with the Community ports ; procedure referred to in Article 5 . (c) the price, exclusive of taxes, expressed in the currency of the Member State in which the tender 3 . The intervention agency shall immediately inform each tenderer whether he has been awarded is presented, at which the tenderer undertakes to the contract . supply, in accordance with the specifications, the entire quantity which is the subject of his tender. 4. Rights and obligations arising in connection Such price shall be inclusive of transport insur with the invitation to tender shall not be transferable . ance costs of the stage referred to in Article 1 (2) for delivery. 5 . The intervention agencies shall immediately inform the Commission of the successful tenderer's (>) OJ No L 184, 29 . 7 . 1968 , p . 34. I2) OJ No L 145, 6. 6 . 1975, p. 17. name and address .
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Article 7 3 . On delivery the country of destination shall issue a certificate proving taking delivery of the goods, stating that delivery of that quantity of skimmed-milk 1 . The successful tenderer shall deliver a quantity powder as well as the empty bags referred to in Article of skimmed-milk powder satisfying the requirements 1 (5) have been taken at the stage specified in Article as to quality and packaging referred to in Article 1 (4). 1 (2).
2. Delivery cif shall be completed when the goods are actually deposited on the quayside or on board a Article 11 lighter at the port of unloading.
1 . Customs export formalities shall be carried out 3 . The recipient organization shall bear all expendi in the Member State in which the award of contract is ture incurred after delivery, including acceptance made . costs .
2. If the port of loading specified in the tender is situated in a Member State other than that in which Article 8 the customs export formalities are carried out, the goods shall, on completion of such formalities, be Any demurrage costs at the port of unloading attribu placed under customs control with the object of table to the recipient shall be borne by it. The rates ensuring that they are loaded at the port specified in the tender. 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 Proof of loading can be furnished only by production upon by the successful tenderer acting as Community of the control copy referred to in Article 1 of Commis . agent and the country of destination's agent. sion Regulation (EEC) No 2315/69 of 19 November 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 Article 9 amended by Regulation (EEC) No 690/73 (2).
1 . The intervention agency concerned shall as soon Sections 101 , 103 and 104 of the control copy shall be as possible notify the country of destination of the completed. name of the vessel, the date of loading, the quantity and the quality of the goods as recorded at the time of Section 104 shall be completed by deleting as neces loading and the port of unloading. sary and entering against the second indent one of the following endorsements : 2. The successful tenderer shall inform the country of destination at least 10 clear days in advance of the — ' Delivery of skimmed-milk powder as food aid expected date of arrival of the ship in the port of (Regulation (EEC) No 2479/76) to be shipped unloading. The successful tenderer shall have included from the port of . . .', in the terms of the charter-party a provision stipu — 'Livraison de lait écrémé en poudre à titre d aide lating that the ship's captain shall inform the country of destination at least 72 hours in advance of the alimentaire (règlement (CEE) n0 2479/76 destinée à être embarquée au port de . . .', ship's probable date of arrival in port. — Lieferung von Magermilchpulver als Nahrungsmit telhilfe (Verordnung (EWG) Nr. 2479/76) zur Ver schiffung im Hafen von . . . bestimmt', Article 10 — Fornitura di latte scremato in polvere a titolo di aiuto alimentare (regolamento (CEE) n . 2479/76) 1 . The competent agency of the Member State in which the contract is awarded shall check that the destinata ad essere imbarcata nel porto di . . .', skimmed-milk powder in question satisfies the re — Levering van magere-melkpoeder als voedselhulp quirements as to quality and packaging referred to in (Verordening (EEG) nr. 2479/76) bestemd om te Article 1 (4). worden verscheept in de haven van . . .', — 'Levering af skummetmælkspulver som fødeva 2. If the goods are found to satisfy those require rehjælp (forordning (EØF) nr. 2479/76) 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 (') OJ No L 295, 24. 11 . 1969, p . 14. that effect . (2) OJ No L 66, 13 . 3 . 1973 , p. 23 .
No L 282/20 Official Journal of the European Communities 13 . 10 . 76
Article12¶
1 . Except in cases of force majeure, the tendering Except in cases of force majeure, the successful and delivery security shall be released only if : tenderer shall accept all financial liability devolving (a) the tender has not been accepted ; upon the Community by reason of failure to load the skimmed-milk powder by the date specified in Article (b) the tenderer : 1 (2). — has not withdrawn his tender before the contract is awarded, Costs incurred by reason of failure to deliver the skim med-milk powder as a result of force majeure shall be — has furnished the certificates provided for in Article 10 (2) and (3). borne by the competent agency of the Member State in which the award of contract is made . 2. Release of the security shall take place immedi ately. Article 16
Article 13 No refund or compensatory amount (whether mone tary or accession) shall be applicable in respect of In cases of force majeure, the intervention agency skimmed-milk powder supplied under this Regula shall decide on the measures to be taken having tion . regard to the circumstances invoked.
Article14¶
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, 12 October 1976 .
For the Commission
P.J. LARDINOIS Member of the Commission
13 . 10 . 76 Official Journal of the European Communities No L 282/21
ANNEX
Skimmed-milk powder requirements (a) fat content : 1-5 % maximum (b) water content : 4 0 % maximum (c) total acidity in lactic acid : 015% 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 (bb) vitamin D : 500 i.u . per 100 g