31976R2498
No L 284/ 14 Official Journal of the European Communities 15 . 10 . 76
COMMISSION REGULATION ( EEC) No 2498/76 of 13 October 1976 concerning the issue of an invitation to tender to the World Food Programme for use as food aid of vitaminized skimmed-milk powder to be purchased on the Community market for certain third countries
THE COMMISSION OF THE EUROPEAN powder available in public stocks with the characteris COMMUNITIES, tics necessary for the particular destination where this requires, in particular, the addition of vitamins, supplies shall be obtained by purchase on the Commu Having regard to the Treaty establishing the European nity market ; Economic Community,
Whereas Article 5 of Regulation (EEC) No 1298/76 Having regard to Council Regulation (EEC) No provides that for the purposes of the supply and ship 804/68 of 27 June 1968 on the common organization ment of skimmed-milk powder, invitations to tender of the market in milk and milk products ('), as last are to be issued ; amended by Regulation (EEC) No 559/76 (2), and in particular Article 7 (5) thereof, Whereas the procedure to be adopted for this tendering should in the main be the procedure used Having regard to Council Regulation (EEC) No hitherto in similar cases ; 1298 /76 of 1 June 1976 laying down general rules for the supply of skimmed-milk powder as food aid to certain developing countries and international organi Whereas the measures provided for in this Regulation zations under the 1976 programme (3), as amended by are in accordance with the opinion of the Manage Regulation (EEC) No 2017/76 (4), and in particular ment Committee for Milk and Milk Products, 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 ^), provides inter alia that 20 000 metric tons of skim med-milk powder should be made available to the Article 1 World Food Programme (WFP) ; 1 . Tenders shall be invited, in accordance with Whereas Council Regulation (EEC) No 2018/76 of 27 Regulations (EEC) No 1298/76, (EEC) No 1299/76 July 1976 on the additional supply of skimmed-milk and (EEC) No 2018/76, for the costs of supplying to powder as food aid to certain developing countries, the WFP 3 777 metric tons of vitaminized skimmed international organizations and non-governmental milk powder, divided into the following lots and for organizations under the 1976 programme ^), provides the following destinations : inter alia that 10 000 metric tons of skimmed-milk powder should be made available to the WFP ; — Lot A : 200 metric tons for India,
— Lot B 1 : 700 metric tons for Pakistan, Whereas the WFP has requested the delivery of 3 777 — Lot B 2 : 700 metric tons for Pakistan , metric tons of vitaminized skimmed-milk powder of which 3 128 metric tons remain to be delivered in — Lot B 3 : 700 metric tons for Pakistan , pursuance of Regulation (EEC) No 1299/76 and 649 metric tons are to be delivered in pursuance of Regula — Lot B 4 : 700 metric tons for Pakistan , tion (EEC) No 2018/76 ; — Lot C : 777 metric tons for Pakistan .
Whereas Article 2 (2) of Regulation (EEC) No 1298/76 2. The skimmed-milk powder shall meet : provides that if there is not enough skimmed-milk — as to quality, the requirements set out in the (') OJ No L 148 , 28 . 6. 1968 , p. 13, Annex to this Regulation, (2) OJ No L 67, 15 . 3 . 1976, p. 9 . (3) OJ No L 146, 4. 6 . 1976, p. 3 . — as to packing, the requirements set out in Annex I (4) OJ No L 224, 16 . 8 . 1976, p. 1 . to Commission Regulation (EEC) No 1108/68 of (5) OJ No L 146, 4. 6 . 1976, p. 5 . (6) OJ No L 224, 16. 8 . 1976, p. 2. 27 July 1968 on detailed rules on application for
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intervention for public storage of skimmed-milk 5. A tender shall indicate in particular : powder ( !), as last amended by Regulation (EEC) No 1 457/76 (2). (a) the name and address of the tenderer ; (b) the port or ports of embarkation, chosen from 3 . The intervention agency concerned shall have among ports specified in Article 2 ( 1 ); printed on the bags, in letters at least 1 cm high, the following marking : (c) the price, exclusive of taxes, expressed in the currency of the Member State in which the 'Skimmed-milk powder enriched with vitamins A and tenderer undertakes to supply, in accordance with D / Gift of the European Economic Community / the specification laid down in the Annex, the World Food Programme action'. entire quantity subject to the tender. This statement shall be followed by the name of the port of unloading which shall be communicated by Such price shall be inclusive of transport insur the Commission to the intervention agency ance costs to the stage referred to in Article 7 for concerned , delivery.
4. In addition the successful tenderer shall supply 6. A tender shall be valid only if proof is given 5 % empty bags identical to those containing the before expiry of the period set for the submission of goods. tenders that the security referred to in Article 4 has been provided . Article 2 7. No tender may be withdrawn . 1 . The port of embarkation to be specified in the i tender shall be chosen from among Community ports acessible for ocean-going ships having regular lines to Article 4 : the country of destination . 1 . The tendering and delivery security shall be 20 i A tender may only indicate one port. units of account per metric ton of skimmed-milk i 2. The delivery at the port of embarkation shall powder. ; take place on a date fixed by the intervention agency concerned, which shall be after 28 November and 2. It shall take the form , at the discretion of the before 15 December 1976 . Member State concerned, either of a cheque made out in favour of the intervention agency, or of a bank 3 . The time limit for the submission of tenders guarantee which satisfies the criteria fixed by the > shall be 26 October 1976 at 12 noon . Member State .
i Article 3 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 submission of tenders . tion (EEC) No 804/68 a miximum amount, expressed in units of account, shall be fixed or alternatively a decision shall be taken to make no award . 2. Tenders, which shall be in writing, shall be submitted either by delivery by hand to an interven tion agency against acknowledgement of receipt or by Article 6 registered letter addressed to an intervention agency. Intervention agencies may also authorize the use of telex . 1 . A tender shall be refused if the price proposed, converted into units of account, is more than the 3 . The tender may only be submitted to the inter maximum price fixed for the lot in question . vention agency of the Member State on whose terri tory the manufacture of the vitaminized skimmed 2. Subject as provided in paragraph 1 , the milk powder and its packaging, in accordance with successful tenderer shall be the one whose offer, Article 1 (2), take place. converted into units of account, is the lowest. Where 4 . A tender shall only be valid if it relates to the two or more valid offers specifying identical amounts, whole of a lot put up to tender. As regards lots B 1 to as converted into units of account, are received by a B 4 the tenderer shall specify for how many lots his given intervention agency, the award shall be made by tender is valid . drawing lots . Where such offers are made to different intervention agencies, the award shall be made by the (') OJ No L 184, 29 . 7 . 1968 , p . 34 . intervention agency selected in accordance with flie (2) OJ No L 145, 6 . 6 . 1975, p . 17 . procedure referred to in Article 5 .
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3. The intervention agency shall immediately Proof of loading can be furnished only by production inform each tenderer whether he has been awarded of the control copy referred to in Article 1 of Commis the contract . 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 4. Rights and obligations arising in connection with the invitation to tender shall not be transferable . fying the use and/or destination of goods ('), as amended by Regulation (EEC) No 690/73 (2).
5. The intervention agencies shall immediately Sections 101 , 103 and 104 of the control copy shall be communicate to the Commission the tenderers' completed. Section 104 shall be completed by dele names and addresses . ting as necessary and entering against the second indent one of the following endorsements :
Article 7 — ' Delivery of skimmed-milk powder as food aid (Regulation (EEC) No 2498 /76) to be shipped from the port of 1 . The tenderer shall, on the date fixed by the — ' Livraison de lait écrémé en poudre à titre d aide WFP, deliver at the port specified in the tender a alimentaire (règlement (CEE) n0 2498/76) destinée quantity of skimmed-milk powder equal to the quan à être embarquée au port de tity there specified. Any schedule for instalment deliv eries shall be agreed between the successful tenderer — ' Lieferung von Magermilchpulver als Nahrungsmit and the agent of the WFP. telhilfe (Verordnung (EWG) Nr. 2498/76) zur Vers chiffung im Hafen von bestimmt', 2. The goods shall be regarded as delivered when — 'Fornitura di latte scremato in polvere a titolo di they are deposited at the place of exportation at the aiuto alimentare (regolamento (CEE) n . 2498 /76) point designated by the WFP or its agent. destinata ad essere imbarcata nel porto di — 'Levering van magere-melkpoeder als voedselhulp (Verordening (EEG) nr. 2498 /76) bestemd om te Article 8 worden verscheept in de haven van ', — ' Levering af skummetmælkspulver som fødeva 1 . The competent agency of the Member State in rehjælp (forordning ( EØF) nr. 2498 /76) bestemt til which the contract is awarded shall check that the lastning i havnen i skimmed-milk powder in question satisfies the requirements as to quality and packaging laid down in Article 1 (2). Article 10 « 2. If the goods are found to satisfy those require 1 . Except in cases of force majeure, the tendering ments, as mentioned in Article 1 (2), the agency shall and delivery security shall be released only if provide the successful tenderer with a certificate to that effect . (a) the tender has not been accepted ; (b) the tenderer : 3 . Upon delivery of the goods at the port of embar kation, the WFP agent shall hand to the successful — has not withdrawn his tender before the tenderer, acting as agent for the Community, a letter contract is awarded, of acceptance . This letter of acceptance shall state that — has furnished the certificates provided for in the quantity of skimmed-milk powder in question as Article 8 (2) and (3). well as the empty bags specified in Article 1 (4), have been taken at the stage specified in Article 7. 2. Release of the security shall take place immedi ately.
Article 9 Article 11 If the port of loading specified in the tender is situ ated in a Member State other than that in which the In cases of force majeure, the intervention agency tender was submitted, the goods shall, on completion shall decide on the measures to be taken having of the control specified in Article 8 ( 1 ), be placed regard to the circumstances invoked . under customs control with the object of ensuring tlfat they are delivered at the port specified in the (') OJ No L 295, 24 . 11 . 1969 , p. 14. tender . (2 ) OJ No L 66, 13 . 3 . 1973, p. 23 .
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Article 12 borne by the competent agency of the Member State concerned . The amount referred to in Article 3 (5) (c) shall be paid only on production of the certificate provided for in Article 8 (2) and (3). Article 14
Article 13 No refund or compensatory amount (whether mone tary or accession) shall be applicable in respect of Except in cases of force majeure, the successful skimmed-milk powder supplied under this Regula tenderer shall accept all financial liability devolving tion . upon the Community by reason of failure to load the skimmed-milk powder at the place and in due time, Article 15 the WFP having facilitated 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 skim following its publication in the Official Journal of med-milk powder as a result of force majeure shall be the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 13 October 1976.
For the Commission
P. J. LARDINOIS
Member of the Commission
ANNEX
Skimmed-milk powder requirements (n) fat content : 1 -5 /o 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 ( 150 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