31976R2713
No L 308 /8 10 . 11 . 76 Official Journal of the European Communities
COMMISSION REGULATION ( EEC) No 2713/76
of 9 November 1976
concerning an invitation to tender for the costs of delivery of skimmed-milk powder as food aid to India
THE COMMISSION OF THE EUROPEAN — lot A 2 : 1 000 metric tons to be delivered to the COMMUNITIES, port of unloading of Calcutta,
— lot B 1 : 1 000 metric tons to be delivered to the Having regard to the Treaty establishing the European port of unloading of Bombay, Economic Community,
— lot B 2 : 1 000 metric tons to be delivered to the Having regard to Council Regulation (EEC) No port of unloading of Bombay, 804/68 of 27 June 1968 on the common organization — lot B 3 : 1 000 metric tons to be delivered to the of the market in milk and milk products ( !), as last amended by Regulation (EEC) No 559/76 (2), and in port of unloading of Bombay. particular Article 7 (5) thereof,
2. The skimmed-milk powder shall meet the requir Whereas Council Regulation (EEC) No 1299/76 of 1 ements for quality and packing set out in the Annex June 1976 on the supply of skimmed-milk powder as to Commission Regulation (EEC) No 1108/68 of 27 food aid to certain developing countries and interna July 1968 on detailed rules of application for public tional organizations under the 1976 programme (3), storage of skimmed-milk powder (6), as last amended provides inter alia for 5 000 metric tons of skimmed by Regulation (EEC) No 1457/75 (7). milk powder to be made available to India ; whereas this country has made a request of delivery of the 3. The skimmed-milk powder shall be taken from abovementioned quantity ; the German intervention agency. Whereas under Article 5 of Council Regulation (EEC) No 1298/76 of 1 June 1976 laying down general rules 4. The intervention agency shall supply 2 % extra for the supply of skimmed-milk powder as food aid to empty bags identical to those containing the goods. certain developing countries and international organi The tenderer undertakes to have these bags zations under the 1 976 programme (4), as last mentioned on the bill of lading. amended by Regulation (EEC) No 201 7/76 (5), invita tions to tender must be issued for the delivery costs in 5. Loading shall take place : respect of these quantities ;
Whereas the tendering procedure should essentially — as regard to lots A 1 and A 2 : not later than 1 5 be that laid down in similar cases ; January 1977 ;
— as regard to lots B 1 , B 2 and B 3 : after 1 and Whereas the measures provided for in this Regulation before 15 March 1977 . are in accordance with the opinion of the Manage ment Committee for Milk and Milk Products, 6. The packing of the skimmed-milk powder shall bear the following in letters at least one centimetre high : HAS ADOPTED THIS REGULATION :
'Skimmed-milk powder non-enriched / Gift of the Article 1 European Economic Community to the Republic of India'. 1 . In accordance with the provisions of Regulations (EEC) No 1298/76 and ( EEC) No 1299/76, tenders shall be invited for the costs of delivery of 5 000 Article 2 metric tons of skimmed-milk powder for India and divided into the following lots : 1 . The German intervention agency shall frame a — lot A 1 : 1 000 metric tons to be delivered to the notice of invitation to tender which shall be published unloading port of Calcutta, in the Official Journal of the European Communities not less than 10 days before the closing date for the (') OJ No L 148 , 28 . 6 . 1968 , p. 13 submission of tenders . (2) OJ No L 67, 15 . 3 . 1976, p. 9 . (3) OJ No L 146, 4. 6 . 1976, p. 5. (4 ) OJ No L 146, 4 . 6 . 1976, p. 3 . (6) OJ No L 184, 29 . 7 . 1968 , p. 24. (5 OJ No L 224, 16 . 8 . 1976, p. 1 . (7) OJ No L 145, 6 . 6. 1975, p. 17 .
10 . 11 . 76 Official Journal of the European Communities No L 308 /9
2. The closing date for the submission of tenders Article 6 shall be 23 November 1976 at 12 noon . 1 . A tender shall be refused if the price proposed, converted into units of account, is more than the Article 3 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 addressed to an intervention agency. two or more valid offers specifying identical amounts Intervention agencies may also authorize the use of are received, the award shall be made by drawing lots. telex .
3 . The intervention agency shall immediately 2. A tender shall be valid only if it relates to the inform each tenderer whether he has been awarded entire quantity of a lot put out to tender. the contract.
A tender shall relate only to the lots designated by the 4. Rights and obligations arising in connection same capital letter. The tenderer shall make precise in with the invitation to tender shall not be transferable . his tender for how many lots — under these condi tions — it is valid . 5. The German intervention agency shall immedi 3 . The tender shall indicate inter alia : ately inform the Commission of the successful tenderer's name and address. (a) the name and address of the tenderer ;
(b) the port or ports of loading, chosen from among Article 7 Community ports ;
(c) the price, exclusive of taxes, expressed in German 1 . The successful tenderer shall deliver the skim marks, at which the tenderer undertakes to supply, in accordance with the specifications, the entire med-milk powder satisfying the requirements as to quality and packing referred to in Article 1 (2). quantity which is the subject of his tender.
Such price shall be inclusive of transport insur 2. Delivery at the port of unloading shall be consid ance costs until the stage fixed for the delivery. ered as completed when the goods are actually depo sited in the hold of the ship at the port of unloading. 4. . A tender shall be valid only if the proof is given before expiry of the period set for the submission of 3 . The country of destination shall bear all expendi tenders that the security referred to in Article 4 has ture incurred after delivery including unloading costs been provided . (as unstowing, hoisting, acceptance) as well as eventual lighterage. 5 . The tender may not be withdrawn .
Article8¶
Any demurrage costs or dispatch money at the port of 1 . The tendering and delivery security shall be two unloading shall be borne or at the benefice of the units of account per metric ton of skimmed-milk recipient country. The rates and other details powder. concerning such costs shall be laid down in the contract between the successful tenderer and the 2. It shall take the form , at the discretion of the carrier and must have been previously agreed upon by Member State concerned, either of a cheque made out the successful tenderer acting as Community agent in favour of the intervention agency, or of a bank and the country of destination 's agent. guarantee which satisfies the criteria fixed by the Member State .
Article 9 Article 5 1 . The intervention agency concerned shall as soon In the light of the tenders received and in accordance as possible after the putting on board of the goods, with the procedure laid down in Article 30 of Regula notify the country of destination of the name of the tion ( EEC) No 804/68 a maximum price, expressed in vessel, the date of loading, the quantity and the units of account, shall be fixed or alternatively a deci quality of the goods as recorded at the time of loading sion shall be taken to make no award . and the port of unloading.
No L 308/ 10 10 . 11 . 76 Official Journal of the European Communities
2. The successful tenderer shall inform the country 2. Release of the security shall take place immedi of destination at least 10 clear days in advance of the ately. expected date of arrival of the ship in the port of unloading. Article 12
3 . The successful tenderer shall have included in In cases of force majeure, the selling intervention the terms of the charter-party a provision stipulating agency shall decide on the measures to be taken that the ship's captain shall inform the country of having regard to the circumstances invoked. destination at least 72 hours in advance of the ship's probable date of arrival in port. Article 13
Article 10 The amount referred to in Article 3 (3) (c) shall be paid only on production of the certificates provided 1 . At the time of taking over, the successful for in Article 10 (2). tenderer shall check that the quantity of skimmed milk powder collected satisfies the quantity to be Article 14 supplied. Except in cases for force majeure, the successful Moreover, he shall check that the packing of the skim tenderer shall accept all financial liability devolving med-milk powder satisfies the requirements fixed in upon the Community by reason of failure to load the Article 1 (2). skimmed-milk powder by the date specified in Article 1 (5). 2. On delivery effected within the meaning of Article 7 (2), the country of destination shall issue a Costs incurred by reason of failure to deliver the skim certificate proving taking delivery of that quantity of med-milk powder as a result of force majeure shall be skimmed-milk powder at the stage specified in Article borne by the German intervention agency. 1 ( 1 ).
Article 15 Article 11 No refund or compensatory amount (whether mone 1 . Except in cases of force majeure, the tendering tary or accession) shall be applicable in respect of and delivery security shall be released only if : skimmed-milk powder supplied under this Regula (a) the tender has not been awarded ; tion .
(b) the tenderer : Article 16 — has not withdrawn his tender before the contract is awarded, This Regulation shall enter into force on the day — has furnished the certificates provided for in following its publication in the Official Journal of Article 10 (2). the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 9 November 1976 .
For the Commission
P.J. LARDINOIS
Member of the Commission