31976R2573
No L 293 / 14 Official Journal of the European Communities 23 . 10 . 76
COMMISSION REGULATION ( EEC) No 2573/ 76 of 22 October 1976 on the invitation to tender for the supply to the Catholic Relief Service and to UNICEF , for use as food aid , of vitaminized skimmed-milk powder to be purchased on the Community market
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, Having regard to the Treaty establishing the European supplies shall be obtained by purchase of skimmed Economic Community, milk powder on the Community market ;
Having regard to Council Regulation ( EEC) No Whereas Article 5 of Regulation (EEC) No 1298/76 804/ 68 of 27 June 1968 on the common organization provides that for the purposes of the supply and ship of the market in milk and milk products ('), as last ment of skimmed-milk powder, invitations to tender amended by Regulation ( EEC) No 559 / 76 ( 2 ), and in are to be issued ; particular Article 7 (5) thereof, Whereas the procedure to be adopted for this Having regard to Council Regulation ( EEC) No tendering should in the main be the procedure used 1298 / 76 of 1 June 1976 laying down general rules for hitherto in similar cases ; the supply of skimmed-milk powder under the 1976 food-aid programme to certain developing countries Whereas the measures provided for in this Regulation and certain international organizations (3 ), as amended are in accordance with the opinion of the Manage by 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 (5 ), provides for a reserve of 3 630 metric tons of skim med-milk powder ; whereas, according to Council Article 1 Regulation ( EEC) No 2025/ 76 of 27 July 1976, on the emergency supply of skimmed-milk powder to the 1 . Tenders shall be invited in accordance with the Catholic Relief Service for distribution to certain provisions of Regulations ( EEC) No 1298 /76 ( EEC) sections of the population of Chile, as food aid, No 2025 / 76 and ( EEC) No 2018 / 76, for the costs of pursuant to Regulation ( EEC) No 1 299 / 76 ( 6), 500 delivery cif to the Catholic Relief Service and to metric tons of this reserve shall be to the Catholic UNICEF of respectively 500 metric tons and 4 375 Relief Service ; metric tons of vitaminized skimmed-milk powder according to the lots and destinations mentioned in Whereas Council Regulation ( EEC) No 2018 / 76 of 27 Annex I to this Regulation . July 1976 on the additional supply of skimmed-milk powder as food aid to certain developing countries , 2 . The ports of unloading to which deliveries cif international organizations and non-governmental shall be effected as well as the dates of embarkation organizations under the 1976 programme ( 7), provides shall be included in Annex I. for the supply to UNICEF of 1 1 000' metric tons of skimmed-milk powder ; whereas the Catholic Relief 3 . The skimmed-milk powder shall meet : Service and UNICEF have made a request for the delivery of respectively 500 metric tons and 4 375 — as to quality, the requirements set out in Annex II metric tons of vitaminized skimmed-milk powder ; to this Regulation , Whereas Article 2 ( 2) of Regulation ( EEC) No 1298 / 76 — as to packing, the requirements set out in the provides that, if there is not enough skimmed-milk Annex to Commission Regulation ( EEC) No 1 108 / 68 of 27 July 1968 on detailed rules on appli (') O I No L 148 , 28 . 6 . 1968 , p . 13 . cation for intervention for public storage of skim (-) O'J No L 67, 15 . 3 . 1976, p. 9 . med-milk powder (8 ), as last amended by Regula (3 ) O'j No L 146, 4 . 6. 1976, p. 3 . tion ( EEC ) No 1 457 / 76 (9 ). (■») O'l No L 224, 16 . 8 . 1976, p . 1 . ( 5 ) 0 | No L 146, 4 . 6 . 1976 , p . 5 . («) 0 | No L 224, 16 . 8 . 1976 , p . 10 . ( s ) 0 | No L 184, 29 . 7 . 1968 , p . 34 . ( 7) 0 | No L 224, 16 . 8 . 1976, p . 2 . O Oj No L 14 5, 6 . 6 . 1975, p. 17 .
23 . 10 . 76 Official Journal of the European Communities No L 293 / 1.5
4. The packing of the skimmed-milk powder shall 2 . It shall take the form , at the discretion of the bear in letters at least one centimetre high, following Member State concerned, either of a cheque made out the case, the marking mentioned in Annex I. in favour of the intervention agency, or of a bank guarantee which satisfies the criteria fixed by the 5. The successful tenderer shall supply a further Member State . 5 % of empty bags identical to those containing the goods. He shall undertake to have these bags mentioned on the bill of lading. Article 5
Article 2 In the light of the tenders received and in accordance with the procedure laid down in Article 30 of Regula 1 . The intervention agencies shall draw up a notice tion ( EEC) No 804/ 68 a maximum price , expressed in of invitation to tender which shall be published in the units of account, shall be fixed or alternatively a deci Official Journal of the European Communities not sion shall be taken to make no award . less than 10 days before the closing date for the submission of tenders .
2. The closing date for the submission of tenders Article 6 shall be 9 November 1976 at 12 noon .
1 . A tender shall be refused if the price proposed, Article 3 converted into units of account, is more than the maximum price fixed for the lot in question . 1 . Tenders, which shall be in writing, shall be submitted either by delivery by hand to an interven 2 . Subject as provided in paragraph 1 , the tion agency against acknowledgement of receipt or by successful tenderer shall be the one whose offer, registered letter addressed to an intervention agency. converted into units of account, is the lowest . Where Intervention agencies may also authorize the use of two or more valid offers specifying identical amounts, telex . as converted into units of account, are received by a given intervention agency, the award shall be made by 2. A tender shall only be valid if it relates to the drawing lots . Where such offers are made to different whole of a lot put up to tender. As regards lots H 1 to intervention agencies , the award shall be made by the H 5, the tenderer shall specify for how many lots his intervention agency selected in accordance with the tender is valid . As regards the other lots a tender may procedure referred to in Article .5 . only relate to one lot .
3 . The tender shall indicate , inter alia : 3 . The intervention agency shall immediately inform each tenderer whether he has been awarded (a) the name and address of the tenderer ; the contract . (b) the port or ports of loading, chosen from among Community ports ; 4 . Rights and obligations arising in connection (c) the price, exclusive of taxes, expressed in the with the invitation to tender shall not be transferable . currency of the Member State in which the tender is presented , at which the tenderer undertakes to 5 . The intervention agencies shall immediately supply, in accordance with the specifications laid inform the Commission of the name and address of down , the entire quantity being the subject of its the successful tenderer . tender .
Such price shall be inclusive of transport insur ance costs to the stage referred for delivery . Article 7
4 . A tender shall be valid only if proof is given 1 . The successful tenderer shall deliver a quantity before expiry of the period set for the submission of of skimmed-milk powder satisfying the requirements tenders that the security referred to in Article 4 has as to quality and packaging referred to in Article 1 (3). been provided .
5 . No tender may be withdrawn . 2 . Delivery cif shall be completed when the goods are actually deposited on the quayside or on board a lighter at the port of unloading . A rt icle 4
1 . The tendering and delivery securities shall be 20 3 . The recipient organization shall bear all expendi units of account per metric ton of skimmed-milk ture incurred after delivery, including acceptance powder. costs .
No L 293 / 16 Official Journal of the European Communities 23 . 10 . 76
Article 8 ensuring that they are loaded at the port specified in the tender. Any demurrage costs at the port of unloading attribu table to the recipient shall be borne by it. The rates Proof of loading can be furnished only by production and other details concerning such costs shall be laid of the control copy referred to in Article 1 of Commis down in the contract between the successful tenderer sion Regulation ( EEC) No 2315/ 69 of 19 November and the carrier and must have been previously agreed 1969 on the use of Community transit documents for upon by the successful tenderer acting as Community the purpose of applying Community measures for veri agent and the recipient's delivery agent. fying the use and/or destination of goods ('), as amended by Regulation ( EEC) No 690/ 73 (2).
Article 9 Sections 101 , 103 and 104 of the control copy shall be completed .
1 . The intervention agency concerned shall as soon Section 104 shall be completed by deleting as neces as possible notify the recipient body of the name of sary and entering against the second indent one of the the vessel, the date of loading, the quantity and the following endorsements : quality of the goods as recorded at time of loading and the port of unloading. — ' Delivery of skimmed-milk powder as food aid ( Regulation ( EEC) No 2573 /76) to be shipped 2. The successful tenderer shall inform the recip from the port of ' ; ient at least 10 clear days in advance of the expected — ' Livraison de lait écrémé en poudre à titre d aide date of arrival of the ship in the port of unloading. alimentaire (règlement (CEE) n° 2573/76 destinée The successful tenderer shall have included in the à être embarquée au port de ' ; terms of the charter-party a provision stipulating that — ' Lieferung von Magermilchpulver als Nahrungsmit the ship's captain shall inform the recipient at least 72 telhilfe (Verordnung ( EWG) Nr. 2573 / 76) zur Vers hours in advance of the ship's probable date of arrival chiffung im Hafen von bestimmt' ; in port. — Fornitura di latte scremato in polvere a titolo di aiuto alimentare (regolamento (CEE) n . 2573 / 76) Artide 10 destinata ad essere imbarcata nel porto di ' ; — Levering van magere-melkpoeder als voedselhulp 1 . The competent agency of the Member State in (Verordening ( EEG ) nr. 2573 / 76) bestemd om te which the contract is awarded shall check that the worden verscheept in de haven van ' ; skimmed-milk powder in question satisfies require — ' Levering af skummmetmælkspulver som fødeva ments as to quality and packaging laid down in rehjælp (forordning ( EØF) nr. 2573/76) bestemt til Article 1 ( 1 ). lastning i havnen i '.
2 . If the goods are found to satisfy those require ments, the agency shall , before completion of the Artica- 12 customs formalities referred to in Article 11 ( 1 ), provide the successful tenderer with a certificate to 1 . Except in cases of force majeure, the tendering that effect . and delivery securities shall be released only if :
(a) the tender has not been accepted ; 3 . On delivery the recipient organization shall issue (b) the tenderer : a certificate proving taking delivery of the goods , stating that the delivery of that quantity of skimmed — has not withdrawn his tender before the milk has been taken at the stage specified in Article contract is awarded , 1 ( 1 ). — has furnished the certificates specified 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 Article 13 made . In cases of force majeure, the intervention agency 2 . If the port of loading specified in the tender is shall decide on the measures to be taken having situated in a Member State other than that in which regard to the circumstances invoked . the customs export formalities are carried out , the goods shall , on completion of such formalities , be (') Of No L 295 , 24 . 11 . 1969 , p . 14 . placed under customs control with the object of (-') Oj No L 66, I.?. 3 . 1973, p. 23 .
23 . 10 . 76 Official Journal of the European Communities No L 293 / 17
Article 14 borne by the competent agency of the Member State in which the award of contract is made . The amount referred to in Article 3 (3) (c) shall be paid only on production of the certificates provided Article 16 for in Article 10 (2) and (3). No refund or compensatory amount (whether mone Article 15 tary or accession) shall be applicable in respect of skimmed-milk powder supplied under this Regula Except in cases of force majeure, the successful tion . tenderer shall accept all financial liability devolving upon the Community by reason of failure to load the skimmed-milk . powder by the date specified in Article Artie e 17 1 (2). 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, 22 October 1976 .
For the Commission
P.J. LARDINOIS Member of the Commission
No L 293 / 18 Official Journal of the European Communities 23 . 10 . 76
ANNEX I
Date Recipient Designation Quantity Port of unloading of embarkation Marking on the packing agency of each lot at the latest
Catholic i A 130 metric tons Leche en polvo vitaminado/ Donación de Coquimbo (Chile) B 171 metric tons Valparaiso (Chile) la Comunidad Económica ^Europea para Relief j Cathwel Chile / Destinado a la distribu Service ( C 199 metric tons Talcahuano (Chile) j 23. 12. 1976
ción gratuita
Vitaminized skimmed-milk powder / UNICEF D 216 metric tons Rangoon ( Burma) 15 . 1 . 1977 Gift of the European Economic Com munity / Action of UNICEF
Lait écrémé en poudre vitamin.é / Don E 500 metric tons Haiphong (Vietnam) de la Communauté Économique Euro UNICEF j F 524 metric tons Haiphong (Vietnam) j 15.1.1977 péenne / Action de l' UNICEF
Vitaminized skimmed-milk powder / UNICEF G 216 metric tons 15 . 1 . 1977 Gift of the European Economic Com Aden (Yemen) munity / Action of UNICEF
H 1 500 metric tons Luanda (Angola) H 2 500 metric tons Leite desnatato em pó com vitaminas A H 3 500 metric tons y D / Dom da Comunidade económica H 4 500 metric tons Luanda (Angola) Europeia / Acção do UNICEF UNICEF j H 5 500 metric tons Luanda (Angola) j 15. 1. 1977
Vitaminized skimmed-milk powder / UNICEF I 419 metric tons Port Sudan (Sudan ) 15 . 1 . 1977 Gift of the European Economic Com munity / Action of UNICEF
23 . 10 . 76 Official Journal of the European Communities No L 293 / 19
ANNEX II
Skimmed-milk powder requirements
(a) fat content : 1-5% maximum (b) water content : 4-0 % maximum (c) total acidity in lactic acid : 0-15% 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 ( 1 .5*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