31976R2871
27 . 11 . 76 Official Journal of the European Communities No L 329 /47
COMMISSION REGULATION (EEC) No 2871 /76 of 26 November 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 Egypt
THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES, are in accordance with the opinion of the Manage ment Committee for Milk and Milk ProductSi, Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No HAS ADOPTED THIS REGULATION : 804/68 of 27 June 1968 on the common organization of the market in milk and milk products ('), as last amended by Regulation (EEC) No 559/76 (2), and in particular Article 7 (5) thereof, Article 1 Having regard to Council Regulation (EEC) No 1298/76 of 1 June 1976 laying down general rules for 1 . Tenders shall be invited, in accordance with the supply of skimmed-milk powder as food aid to Regulations (EEC) No 1298/76 and (EEC) No certain developing countries and international organi 2018/76, for the costs of supplying to the WFP 4 335 zations under the 1976 programme (3), as amended by metric tons of vitaminized skimmed-milk powder to Regulation (EEC) No 201 7/76 (4), and in particular be purchased on the Community market for Egypt Article 6 thereof, and divided into the following lots :
Whereas Council Regulation (EEC) No 2018/76 of 27 — Lot A1 : 1 000 metric tons, July 1976 on the additional supply of skimmed-milk — Lot A2 : 1 000 metric tons, powder as food aid to certain developing countries, — Lot A3 : 1 000 metric tons, international organizations and non-governmental — Lot A4 : 1 000 metric tons, organizations under the 1976 programme (5), provides — Lot B : 335 metric tons . inter alia that 10 000 metric tons of skimmed-milk powder should be made available to the WFP ; 2. The skimmed-milk powder shall meet : Whereas the WFP has requested the delivery of 4 335 — as to quality, the requirements set out in the metric tons of vitaminized skimmed-milk powder for Annex to this Regulation, Egypt ; — as to packing, the requirements set out in Annex I Whereas Article 2 (2) of Regulation (EEC) No 1298 /76 to Commission Regulation (EEC) No 1108/68 of provides that if there is not enough skimmed-milk 27 July 1968 on detailed rules of application for powder available in public stocks with the characteris intervention for public storage of skimmed-milk tics necessary for the particular destination where this powder (6), as last amended by Regulation (EEC) requires, in particular, the addition of vitamins, No 1457/76 (7). supplies shall be obtained by purchase on the Commu nity market ; 3. The packing of the skimmed-milk powder shall bear in letters at least 1 cm high, the following Whereas Article 5 of Regulation (EEC) No 1298/76 marking : provides that for the purposes of the supply and ship ment of skimmed-milk powder, invitations to tender are to be issued ; 'Skimmed-milk powder enriched with vitamins A and D / Gift of the European Economic Community / Whereas the procedure to be adopted for this World Food Programme action / Alexandrie .' tendering should in the main be the procedure used hitherto in similar cases ; 4. In addition the successful tenderer shall supply 5 % empty bags indentical to those containing the (') OJ No L 148, 28 . 6. 1968, p. 13 , goods. (2) OJ No L 67, 15. 3 . 1976, p. 9 . (*) OJ No L 146, 4. 6. 1976, p. 3 . (<) OJ No L 224, 16. 8 . 1976, p. 1 . (') OJ No L 184, 29 . 7. 1968 , p. 34. (5) OJ No L 224, 16. 8 . 1976, p. 2. n OJ No L 145, 6 . 6 . 1975, p. 17 .
No L 329/48 Official Journal of the European Communities 27 . 11 . 76
Article2¶
1 . The port of embarkation to be specified in the tender shall be chosen from among Community ports Article 4 acessible for ocean-going ships having regular lines to the country of destination. 1 . The tendering and delivery security shall be 20 units of account per metric ton of skimmed-milk A tender may only indicate one port. powder.
2. The delivery at the port of embarkation shall 2. It shall take the form , at the discretion of the take place on a date fixed by the intervention agency Member State concerned, either of a cheque made out concerned, which shall be after 15 and before 28 in favour of the intervention agency, or of a bank February 1977. guarantee which satisifies the criteria fixed by the Member State . 3 . The time limit for the submission of tenders shall be 14 December 1976 at 12 noon . Article 5
Article 3 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 frame a notice of tion (EEC) No 804/68 a maximum amount, expressed invitation to tender which shall be published in the in units of account, shall be fixed or alternatively a Official Journal of the European Communities not decision shall be taken to make no award . less than 10 days before the closing date for the submission of tenders. Article 6 2. Tenders, which shall be in wirting, shall be submitted either by delivery by hand to an interven 1 . A tender shall be refused if the price proposed, tion agency against acknowledgement of receipt or by converted into units of account, is more than the registered letter addressed to an intervention agency. maximum price fixed for the lot in question. Intervention agencies may also authorize the use of telex . 2. Subject as provided in paragraph 1 , the successful tenderer shall be the one whose offer, 3. The tender may only be submitted to the inter converted into units of account, is the lowest. Where vention agency of the Member State on whose terri two or more valid offers specifying identical amounts, tory the manufacture of the vitaminized skimmed as converted into units of account, are received by a milk powder and its packaging, in accordance with given intervention agency, the award shall be made by Article 1 (2), take place. drawing lots. Where such offers are made to different intervention agencies, the award shall be made by the 4. A tender shall only be valid if it relates to the intervention agency selected in accordance with the whole of a lot put up to tender. As regards Lots A1 to procedure referred to in Article 5. A4 the tenderer shall specify for how many lots his tender is valid. 3. The intervention agency shall immediately inform each tenderer whether he has been awarded 5. A tender shall indicate in particular : the contract . (a) the name and address of the tenderer ; 4. Rights and obligations arising in connection (b) the port or ports of embarkation, chosen from with the invitation to tender shall not be transferable. among ports specified in Article 2 ( 1 ); (c) the price, exclusive of taxes, expressed in the 5. The intervention agencies shall immediately currency of the Member State in which the communicate to the Commission the tenderers' tenderer undertakes to supply, in accordance with names and addresses . the specification laid down in the Annex, the entire quantity subject to the tender. Such price shall be inclusive of transport insur Article 7 ance costs to the stage referred to in Article 7 for delivery. 1 . The tenderer shall, on the date fixed by the WFP, deliver at the port specified in the tender a 6. A tender shall be valid only if proof is given quantity of skimmed-milk powder equal to the quan before expiry of the period set for the submission of tity there specified. Any schedule for instalment deliv tenders that the security referred to in Article 4 has eries shall be agreed between the successful tenderer been provided. and the agent of the WFP.
27. 11 . 76 Official Journal of the European Communities No L 329 / 49
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 . 2871 /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. 2871 /76) bestemd om te Article 8 worden verscheept in de haven van . . 1 . The competent agency of the Member State in — ' Levering af skummetmælkspulver som fødeva which the contract is awarded shall check that the rehjælp (forordning (EØF) nr. 2871 /76 bestemt til skimmed-milk powder in question satisfies the lastning i havnen i . . .' 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 thin 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 that they are delivered at the port specified in the tender. Article 12 Proof of loading can be furnished only by production The amount referred to in Article 3 (.5) (c) shall be of the control copy referred to in Article 1 of Commis paid only on production of the certificate provided for sion Regulation (EEC) No 2315/69 of 19 November in Article 8 (2) and (3). 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 13 amended by Regulation (EEC) No 690/73 (2). Except in cases of force majeure, the successful Sections 101 , 103 and 104 of the control copy shall be tenderer shall accept all financial liability devolving completed. Section 104 shall be completed by dele upon the Community by reason of failure to load the ting as necessary and entering against the second skimmed-milk powder at the place and in due time, indent one of the following endorsements : the WFP having facilitated the delivery at the place and by the time appointed . — ' Delivery of skimmed-milk powder as food aid (Regulation (EEC) No 2871 /76) to be shipped Costs incurred by reason of failure to deliver the skim from the port of . . .' med-milk powder as a result of force majeure shall be — ' Livraison de lait écrémé en poudre à titre d aide borne by the competent agency of the Member State alimentaire (règlement (CEE) n0 2871 /76) destinée concerned . à être embarquée au port de . . .', — Lieferung von Magermilchpulver als Nahrungsmit Article 14 telhilfe (Verordnung ( EWG) Nr. 2871 /76) zur Ver schiffung im Hafen von . . . bestimmt', The intervention agency concerned shall pay to the (') OJ No L 295 , 24. 11 . 1969, p . 14 . WFP within 30 days after acceptance of each delivery 2 OJ No L 66, 13 . 3 . 1973 , p . 23 . of skimmed-milk powder, a flat-rate contribution of
No L 329/ 50 Official Journal of the European Communities 27 . 11 . 76
80 units of account per metric ton of skimmed-milk skimmed-milk powder supplied under this Regula powder delivered towards the costs of transporting and tion . distributing such skimmed-milk powder. Article 16 Article 15 This Regulation shall enter into force on the day No refund or compensatory amount (whether mone following its publication in the Official Journal of tary or accession) shall be applicable in respect of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels . 26 November 1976 .
For the Commission
P. J. LARDINOIS Member of the Commission
ANNEX
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 % maximum) (h) degree of purity : disc B ( 15 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