31976R2584
26 . 10 . 76 Official Journal of the European Communities No L 295/9
COMMISSION REGULATION ( EEC) No 2584/ 76 of 22 October 1976 on the issue of an invitation to tender for the supply to the Arab Republic of Yemen for use as food aid of vitaminized skimmed-milk powder to be bought on the Community market
THE COMMISSION OF THE EUROPEAN Whereas Article 5 of Regulation (EEC) No 1298 /76 COMMUNITIES, provides that for the purpose 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 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 HAS ADOPTED THIS REGULATION : zations under the 1976 programme (3 ), as amended by Regulation (EEC) No 201 7/ 76 (4), and in particular Article 6 thereof, Article 1 Whereas Council Regulation (EEC) No 1299 /76 of 1 June 1976 on the supply of skimmed-milk powder as 1 . Tenders shall be invited in accordance with the food aid to certain developing countries and interna provisions of Regulations (EEC) No 1298 /76, (EEC) tional organizations under the 1 976 programme (5 ), No 1299 / 76 and ( EEC) No 2018 /76, for the costs of provides inter alia for 200 metric tons of skimmed supplying 1 500 metric tons of vitaminized skimmed milk powder to be made available to the Arab Repu milk powder to the Arab Republic of Yemen , divided blic of Yemen ; into three lots of 500 metric tons .
Whereas Council Regulation (EEC) No 2018 /76 of 27 2 . The skimmed-milk powder shall meet : July 1976 on the additional supply of skimmed-milk powder as food aid to certain developing countries, — as to quality, the requirements set out in the international organizations and non-governmental Annex to this Regulation , organizations under the 1976 programme (6), provides inter alia for 1 300 metric tons of skimmed-milk — as to packaging, the requirements set out in powder to be made available to the Arab Republic of Annex I to Commission Regulation (EEC) No Yemen ; 1108 / 68 of 27 July 1968 on detailed rules for public storage of skimmed-milk powder (7), as last Whereas this country has . requested the delivery of amended by Regulation ( EEC) No 1 457/76 (8). 1 500 metric tons of skimmed-milk powder ; 3 . In addition the successful tenderer shall supply Whereas Regulation ( EEC) No 1298 / 76 provides in 5 % empty bags identical to those containing the Article 2 (2) that, if the amounts of skimmed-milk goods . powder in public stocks do not have the characteris tics necessary for their particular destination where 4. The packaging of the skimmed-milk powder this requires, in particular, the addition of vitamins, shall bear the following inscription in letters at least supply shall be ensured by the buying-in of skimmed one centimetre high : milk powder on the Community market ; 'Skimmed-milk powder enriched with vitamins A and (') OJ No L 148 , 28 . 6 . 1968 , p . l.V D / Gift of the European Economic Community / For ( 2 ) OJ No L 67, 15 . 3 . 1976 , p . 9 . free distribution '. ( 3 ) OJ No L 146, 4 . 6 . 1976 , p . 3 . (•>) OJ No L 224, 16 . 8 . 1976 , p . 1 . ( 5 ) OJ No L 146, 4 . 6 . 1976, p . 5 . ( 7) OJ No L 184, 29 . 7 . 1968 , p . 34 . ( b) OJ No L 224, 16 . 8 . 1976, p . 2 . ( 8 ) OJ No L 145 , 6 . 6 . 1975 , p . 17 .
No L 295/ 10 Official Journal of the European Communities 26 . 10 . 76
Article 2 in favour of the intervention agency, or of a bank guarantee which satisfies the criteria fixed by the 1 . Delivery shall be effected from the port of Member State . Bremen .
2. Delivery at the port of loading shall take place Article 5 on a date fixed by the intervention agency concerned, which must be after 15 and before 31 December 1976 . In the light of the tenders received and in accordance with the procedure laid down in Article 30 of Regula 3 . The time limit for the submission of tenders tion (EEC) No 804/68 a maximum amount, expressed shall be 9 November 1976 at 12 noon . in units of account, shall be fixed or alternatively a decision shall be taken to make no award . Article 3 Article 6 1 . The intervention agencies shall draw up a notice of invitation to tender which shall be published in the 1 . A tender shall be refused if the price proposed, Official Journal of the European Communities not converted into units of account, is more than the less than 10 days before the closing date for the maximum price fixed for the lot in question . submission of tenders . 2. Subject as provided in paragraph 1 , the 2. Tenders, which shall be in writing, shall be 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 acknowledgment of receipt or by two or more valid offers specifying identical amounts, registered letter to an intervention agency. Interven as converted into units of account, are received by a tion agencies may also authorize the use of telex. given intervention agency, the award shall be made by drawing lots. Where such offers are made to different 3 . The tender may only be submitted to the inter intervention agencies, the award shall be made by the vention agency of thp Member State on whose terri intervention agency selected in accordance with the tory the manufacture of the vitaminized skimmed procedure referred to in Article 5. milk powder and its packaging, in accordance with Article 1 (2), take place. 3 . The intervention agency shall immediately inform each tenderer whether he has been awarded 4. A tender shall be valid only if it relates to the the contract . whole of a lot put up for tender. 4. Rights and obligations arising in connection The tenderer shall specify in his tender for how many with the invitation to tender shall not be transferable . lots it is valid . 5 . The tender shall indicate, inter alia : 5. The intervention agencies shall immediately communicate to the Commission the tenderer's name (a) the name and address of the tenderer ; and address . (b) the price, exclusive of taxes, expressed in the currency of the Member State in which the tender Article 7 is presented, at which the tenderer undertakes to supply, under the stipulated conditions, the entire 1 . The successful tenderer shall deliver at the port quantity to which his tender relates. designated in Article 2 ( 1 ) and on the date fixed by the recipient country the quantity of skimfned-milk Such price shall be inclusive of transport insur powder meeting the requirements as regards quality ance costs to the stage for delivery. and packaging laid down in Article 1 (2). Any sched 6 . A tender shall be valid only if the proof is given ule for instalment deliveries shall be fixed by the recip ient country's agent in agreement with the successful before expiry of the period set for the submission of tenderer . tenders that the security referred to in Article 4 has been provided. 2. The goods shall be regarded as delivered when 7 . No tender may be withdrawn . they are deposited at the place of exportation at the point designated by the recipient country or its agent.
Article 4 Article 8 1 . The tendering and delivery security shall be 20 units of account per metric ton of skimmed-milk 1 . The competent agency of the Member State in which the contract is awarded shall check that the powder. skimmed-milk powder in question satisfies the 2. It shall take the form , at the discretion of the requirements as to quality and packaging referred to Member State concerned, either of a cheque made out in Article 1 (2).
26 . 10 . 76 Official Journal of the European Communities No L 295/ 11
2. If the goods are found to satisfy those require — Skummetmælkspulver som fødevarehjælp ments the agency shall, as referred to in Article 1 (2) , (forordning (EØF) nr. 2584/76) bestemt til levering provide the successful tenderer with a certificate to i havnen i that effect. Article 10
3 . Upon delivery of the goods at the port of embar 1 . Except in cases of force majeure, the tendering kation, the recipient country's agent shall hand to the security and delivery shall be released only if : successful tenderer acting as agent for the Community a letter of acceptance. (a) the tender has not been accepted ; (b) the tenderer : This letter shall state that delivery of that quantity of — has not withdrawn his tender before the skimmed-milk powder as well as the empty bags referred to in Article 1 (3) have been taken at the stage contract is awarded, specified in Article 2 ( 1 ). — has furnished the certificates provided for in Article 8 (2) and (3).
Article 9 2. Release of the security shall take place immedi ately. If the tender has been submitted to the intervention agency of another Member State than that in which Article 11 the port of loading is situated the goods shall, on completion of the control referred to in Article 8 ( 1 ), be placed under customs control with the object of In cases of force majeure, the intervention agency ensuring that they are delivered at the port specified shall decide on the measures to be taken having in Article 2 ( 1 ). regard to the circumstances invoked.
Proof of delivery to the port of loading can be Article 12 furnished only by production of the control copy referred to in Article 1 of Commission Regulation The amount referred to in Article 4 (3) (b) shall be ( EEC) No 2315/ 69 of 19 November 1969 on the use paid only on production of the certificate provided for of Community transit documents for the purpose of in Article 8 (2) and (3). applying Community measures for verifying the use and/or destination of goods ('), as amended by Regula tion ( EEC) No 690 /73 (2). Article 13 Sections 101 , 103 and 104 of the control copy shall be Except in cases of force majeure, the successful completed . tenderer shall accept all financial liability devolving upon the Community by reason of failure to load the Section 104 shall be completed by deleting as neces skimmed-milk powder at the place and in due time, sary and entering against the second indent one of the the recipient country having enabled the delivery at following endorsements : the place and by the time appointed . — ' Skimmed-milk powder as food aid (Regulation Costs incurred by reason of failure to deliver the skim ( EEC) No 2584/ 76) to be delivered at the port of . . med-milk powder as a result of force majeure shall be borne by the competent agency of the Member State — ' Lait écrémé en poudre à titre d aide alimentaire concerned . (règlément (CEE) n° 2584/76) destiné a être livré au port de . . Article 14 — 'Magermilchpulver als Nahrungsmittelhife (Verord nung (EWG) Nr. 2584/76) zur Lieferung zum Hafen von . . . bestimmt', No refund or compensatory amount (whether mone tary or accession) shall be applicable in respect of the — ' Latte scremato in polvere a titolo di aiuto aimen skimmed-milk powder supplied under this Regula tare ( regolamento (CEE) n . 2584/76) destinato ad tion . essere consegnato nel porto di . . .', — Magere-melkpoeder als voedselhulp verordening Article 15 (EEG) nr, 2584/76) bestemd om te worden gele verd in de haven van . . .', This Regulation shall enter into force on the day (') OJ No L 295, 24. 11 . 1969, p. 14. following its publication in the Official Journal of (2 ) OJ No L 66, 13 . 3 . 1973, p. 23 . the European Communities.
No L 295/ 12 Official Journal of the European Communities 26 . 10 . 76
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
ANNEX
Skimmed-milk powder requirements
(a) fat content : 1 -5 /o maximum (b) water content : 4-0 % maximum (c) total acidity in lactic acid : 0-1 5 % 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 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