31976R3016
14. 12. 76 Official Journal of the European Communities No L 344/ 19
COMMISSION REGULATION ( EEC) No 3016/76 of 13 December 1976 on the repetition of 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 Whereas the measures provided for in this Regulation COMMUNITIES, are in accordance with the opinion of the Manage ment Committee for Milk and Milk Products,
Having regard to the Treaty establishing the European Economic Community,
HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 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 Article 1 particular Article 7 (5) thereof, 1 . Tenders shall be invited in accordance with the Having regard to Council Regulation (EEC) No provisions of Regulations (EEC) No 1298 /76, (EEC) 1298/76 of 1 June 1976 laying down general rules for No 2025/76 and (EEC) No 2018/76, for the costs of the supply of skimmed-milk powder under the 1976 delivery to the Catholic Relief Service and to food-aid programme to certain developing countries UNICEF of respectively 500 metric tons and 2 524 and certain international organizations (3), as amended metric tons of vitaminized skimmed-milk powder by Regulation (EIjC) No 201 7/76 (4), and in particular bought on the Community market and divided into Article 6 thereof, the lots and destinations mentioned in Annex I to this Regulation .
Whereas, in pursuance to Council Regulation (EEC) 2. Delivery shall be effected to the ports of No 2025/76 of 27 July 1976 for the emergency unloading included as well in Annex I. supply of skimmed-milk powder to the Catholic Relief Service for distribution to certain sections of the population of Chile, as food aid, pursuant to Regu 3. Embarkation shall take place as soon as possible lation (EEC) No 1 299/76 (5), and to Council Regula and not later than 10 March 1977 . tion (EEC) No 2018/76 of 27 July 1976 on the addi tional supply of skimmed-milk powder as food aid to 4. The skimmed-milk powder shall meet : certain developing countries, international organiza tions and non-governmental organizations under the — as to quality, the requirements set out in Annex II 1976 programme (6), Commission Regulation (EEC) to this Regulation, No 2573/76 of 22 October 1976 (7), has provided inter alia for an invitation to tender for the delivery of 500 — as to packing, the requirements set out in the metric tons of vitaminized skimmed-milk powder to Annex to Commission Regulation (EEC) No the Catholic Relief Service and 2 524 metric tons to 1 108/68 of 27 July 1968 on detailed rules on appli UNICEF ; whereas the invitation to tender for these cation for intervention for public storage of skim quantities has been cancelled and it would therefore med-milk powder (8), as last amended by Regula be advisable to proceed to a new invitation to tender tion (EEC) No 1 457/75 (9). for the quantities in question ; 5. The packing of the skimmed-milk powder shall bear in letters at least 1 cm high, the marking speci Whereas the procedure to be adopted for this fied in Annex I. tendering should in the main be the procedure used in Regulation (EEC) No 2573/76 ; 6. The successful tenderer shall supply a further (■) OJ No L 148 , 28 . 6. 1968 , p. 13 . 5 % of empty bags identical to those containing the (2) OJ No L 67, 15. 3 . 1976, p. 9 . goods. He shall undertake to have these bags (3) OJ No L 146, 4. 6. 1976, p. 3 . mentioned on the bill of lading. («) OJ No L 224, 16 . 8 . 1976, p. 1 . (5) OJ No L 224, 16. 8 . 1976, p . 10. (6) OJ No L 224, 16. 8 . 1976, p. 2. (8) OJ No L 184, 29 . 7. 1968 , p. 34. (7) OJ No L 293, 23 . 10 . 1976, p. 14. 9 OJ No L 145, 6. 6. 1975, p . 17.
No L 344/20 Official Journal of the European Communities 14 . 12 . 76
Article 2 tion (EEC) No 804/68 a maximum price, expressed in units of account, shall be fixed or alternatively a deci 1 . The intervention agencies shall draw up a notice sion shall be taken to make no award . of invitation to tender which shall be published in the Official Journal of the European Communities not less than 10 days before the closing date for the Article 6 submission of tenders . 1 . A tender shall be refused if the price proposed, 2. The closing date for the submission of tenders converted into units of account, is more than the shall be 11 January 1977 at 12 noon . maximum price fixed for the lot in question .
2. Subject as provided in paragraph 1 , the Article J successful tenderer shall be the one whose offer converted into units of account, is the lowest. Where 1 . Tenders, which shall be in writing, shall be two or more valid offers specifying identical amounts, submitted either by delivery by hand to an interven as converted into units of account, are received by a tion agency against acknowledgement of receipt or by registered letter addressed to an intervention agency. given intervention agency, the award shall be made by drawing lots. Where such offers are made to different Intervention agencies may also authorize the use of telex . intervention agencies, the award shall be made by the intervention agency selected in accordance with the 2. A tender shall only be valid if it relates to the procedure referred to in Article 5. whole of a lot put up to tender. As regards the lots indicated by the letter 'F', the tenderer shall specify 3 . The intervention agency shall immediately inform each tenderer whether he has been awarded for how many lots his tender is valid. As regards the the contract. other lots a tender may only relate to one lot.
3 . The tender shall indicate inter alia : 4. Rights and obligations arising in connection with the invitation to tender shall not be transferable . (a) the name and address of the tenderer ; (b) the port or ports of loading, chosen from among 5 . The intervention agencies shall immediately Community ports ; inform the Commission of the name and address of the successful tenderer. (c) the price, exclusive of taxes, expressed in the currency of the Member State in which the tender is presented, at which the tenderer undertakes to Article 7 supply, in accordance with the specifications laid down, the entire quantity being the subject of its 1 . The successful tenderer shall deliver a quantity tender. of skimmed-milk powder satisfying the requirements Such price shall be inclusive of transport insur as to quality and packaging referred to in Article 1 (4). ance costs to the stage referred for delivery. 2. Delivery at the port of unloading shall be 4. A tender shall be valid only if proof is given completed when the goods are actually deposited on before expiry of the period set for the submission of the quayside or on board a lighter at the port of tenders that the security referred to in Article 4 has unloading. been provided. 3 . The recipient organization shall bear all expendi 5. No tender may be withdrawn. ture incurred after delivery, including acceptance costs . Article 4 Article 8 1 . The tendering and delivery securities shall be 20 units of account per metric ton of skimmed-milk Any demurrage costs at the port of unloading attribu powder. table to the recipient shall be borne by it. The rates 2. It shall take the form , at the discretion of the and other details concerning such costs shall be laid down in the contract between the successful tenderer Member State concerned, either of a cheque made out and the carrier and must have been previously agreed in favour of the intervention agency, or of a bank upon by the successful tenderer acting as Community guarantee which satisfies the criteria fixed by the Member State . agent and the recipient's delivery agent.
Article5¶
In the light of the tenders received and in accordance 1 . The intervention agency concerned shall as soon with the procedure laid down in Article 30 of Regula as possible notify the recipient body of the name of
14 . 12 . 76 Official Journal of the European Communities No L 344/ 21
the vessel, the date of loading, the quantity and the the purpose of applying Community measures for veri quality of the goods as recorded at time of loading fying the use and/or destination of goods (*), as and the port of unloading. amended by Regulation (EEC) No 690/73 (2).
Sections 101 , 103 and 104 of the control copy shall be 2. The successful tenderer shall inform the recip completed. ient at least 10 clear days in advance of the expected date of arrival of the ship in the port of unloading. The successful tenderer shall have included in the Section 104 shall be completed by deleting as neces terms of the charter-party a provision stipulating that sary and entering against the second indent one of the the ship's captain shall inform the recipient at least 72 following endorsements : hours in advance of the ship's probable date of arrival in port. — 'Delivery of skimmed-milk powder as food aid (Regulation (EEC) No 3016/76) to be shipped from the port of . . .' ; — ' Livraison de lait écrémé en poudre à titre d aide Article 10 alimentaire (règlement (CEE) n0 3016/76) destinée à être embarquée au port de . . .' ; 1 . The competent agency of the Member State in — ' Lieferung von Magermilchpulver als Nahrungsmit which the contract is awarded shall check that the telhilfe (Verordnung (EWG) Nr. 3016/76) zur Ver skimmed-milk powder in question satisfies require schiffung im Hafen von . . . bestimmt' ; ments as to quality and packaging laid down in — Fornitura di latte scremato in polvere a titolo di Article 1 (4). aiuto alimentare (regolamento (CEE) n . 3016/76) destinata ad essere imbarcata nel porto di . . .' ; 2. If the goods are found to satisfy those require — Levering van magere-melkpoeder als voedselhulp ments, the agency shall, before completion of the (Verordening (EEG) nr. 3016/76) bestemd om te customs formalities referred to in Article 11 ( 1 ), worden verscheept in de haven van . . .' ; provide the successful tenderer with a certificate to that effect . — Levering af skummetmælkspulver som fødeva rehjælp (forordning (EØF) nr. 3016/76) bestemt til lastning i havnen i 3. On delivery the recipient organization shall issue a certificate proving taking delivery of the goods, stating that the delivery of that quantity of skimmed Article 12 milk as well as the empty bags referred to in Article 1 (6) have been taken at the stage specified in Article 1 (2)- 1 . Except in cases of force majeure, the tendering and delivery securities shall be released only if :
(a) the tender has not been accepted ; Article 11 (b) the tenderer : — has not withdrawn his tender before the contract is awarded, 1 . Customs export formalities shall be carried out in the Member State in which the award of contract is — has furnished the certificates specified in made . Article 10 (2) and (3).
2. If the port of loading specified in the tender is 2. Release of the security shall take place immedi situated in a Member State other than that in which ately. the customs export formalities are carried out, the goods shall, on completion of such formalities, be placed under customs control with the object of Article 13 ensuring that they are loaded at the port specified in the tender. In cases of force majeure, the intervention agency shall decide on the measures to be taken having Proof of loading can be furnished only by production regard to the circumstances invoked. of the control copy referred to in Article 1 of Commis sion Regulation (EEC) No 2315/69 of 19 November (') OJ No L 295, 24. 11 . 1969, p. 14. 1969 on the use of Community transit documents for (2) OJ No L 66, 13 . 3 . 1973, p. 23 .
No L 344/22 Official Journal of the European Communities 14. 12. 76
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 Article 17 1 (3). 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 December 1976 . For the Commission P.J. LARDINOIS Member of the Commission
ANNEX I
Designation Date Recipient of Quantity , of embarkation Marking on the packing ( metric tons ) agency each lot at the latest
Catholic Relief A 130 Coquimbo (Chile) Leche en polvo vitaminado / Donación de la Service Comunidad Económica Europea para Cath B 171 Valparaiso (Chile) wel Chile / Destinado a la distribución gra C 199 Talcahuano (Chile) tuita
UNICEF D 500 Haiphong (Viêt-nam) Lait écrémé en poudre vitaminé / Don de la E 524 Communauté économique européenne / Ac Haiphong (Viêt-nam) tion de l' UNICEF
UNICEF F ' 500 Luanda (Angola) Leite desnatado em" pó com vitaminas A F" 500 Luanda (Angola) y D / Dom da Comunidade económica F "' 500 Europeia / Acção do UNICEF Luanda (Angola)
14. 12. 76 Official Journal of the European Communities No L 344/23
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 ( 15 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