31977R0159
No L 23/34 Official Journal of the European Communities 27 . 1 . 77
COMMISSION REGULATION ( EEC) No 159/77 of 25 January 1977 on the issue of an invitation to tender for the supply to the International Committee of the Red Cross for Lebanon , for use as food aid , of vitaminized skimmed-milk powder to be bought 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 Having regard to Council Regulation (EEC) No Regulations ( EEC) No 1298 /76 and ( EEC) No 1298/76 of 1 June 1976 laying down general rules for 2018 /76 for the costs of supplying to the ICRC one the supply of skimmed-milk powder as food aid to lot of 400 tonnes of vitaminized skimmed-milk certain developing countries and certain international powder purchased on the Community market for organizations under the 1976 programme (3), as Lebanon . amended by Regulation (EEC) No 201 7/76 (4), and in particular Article 6 thereof, 2 . Delivery shall be effected at the port of Beirut notwithstanding the provisions in Article 16 . Whereas Council Regulation (EEC) No 2018/76 of 27 July 1976 on the additional supply of skimmed-milk 3 . Loading shall take place after 25 March and powder as food aid to certain developing countries, before 5 April 1977. international organizations and non-governmental organizations under the 1976 programme ^), provides 4. The skimmed-milk powder shall meet : inter alia for 1 500 tonnes of skimmed-milk powder to be made available to the International Committee — as to quality, the requirements set out in the of the Red Cross ( ICRC) ; whereas the ICRC has Annex to this Regulation, requested 400 tonnes of vitaminized skimmed-milk powder for Lebanon ; — as to packing, the requirements set out in Annex I to Commission Regulation (EEC) No 1108/68 of 27 July 1968 on detailed rules of application for Whereas Article 2 (2) of Regulation ( EEC) No 1298/76 public storage of skimmed-milk powder (6), as last provides that if there is enough skimmed-milk amended by Regulation (EEC) No 1 457 /75 (7). powder available in public stocks with the characteris tics necessary for the particular destination where this requires, in particular the addition of vitamins, 5. In addition the successful tenderer shall supply supplies shall be obtained by purchase on the Commu 5 % empty bags identical to those containing the nity market ; goods. He shall undertake to have these bags mentioned on the bill of lading. Whereas Article 5 of Regulation ( EEC) No 1298 /76 provides that for the purpose of the supply and ship 6 . The packing of the skimmed-milk powder shall ment of skimmed-milk powder invitations to tender bear a a red cross measuring 10 cm by 10 cm and, in are to be issued ; letters at least one centimetre high, the following wording : Whereas the procedure to be adopted for this ' Lait écréme en poudre avec vitamines "A" (5 000 tendering should in the main be the procedure used Ul/ 100 g) et " D" (500 UI/ 100 g) / Don de la Commu hitherto in similar cases ; nauté économique européenne / Action du comité international de la Croix-Rouge / Pour distribution (>) OJ No L 148 , 28 . 6 . 1968 , p . 13 . gratuite au Liban '. (2) OJ No L 67, 1 5 . 3 . 1 976, p . 9 . (3 ) OJ No L 146, 4 . 6. 1976, p . 3 . (4 ) OJ No L 224, 16 . 8 . 1976, p . 1 . (6) OJ No L 184, 29 . 7. 1968 , p . 34 . (5 ) OJ No L 224, 16 . 8 . 1976. p . 2. ( 7) OJ No L 145, 6. 6. 1975, p. 17.
27 . 1 . 77 Official Journal of the European Communities No L 23 / 35
Article2¶
1 . The intervention agencies shall frame a notice of 1 . A tender shall be refused if the price proposed, invitation to tender which shall be published in the converted into units of account, is more than the Official Journal of the European Communities not maximum price fixed for the lot in question . less than 10 days before the closing date for the submission of tenders . 2. Subject as provided in paragraph 1 , the successful tenderer shall be the one whose offer, 2. The closing date for the submission of tenders converted into units of account, is the lowest. Where shall be 8 February 1977 at 12 noon . two or more valid offers specifying identical amounts, as converted into units of account, are received by a given intervention agency, the award shall be made by Article 3 drawing lots. Where such offers are made to different intervention agencies, the award shall be made by the 1 . Tenders, which shall be in writing, shall be intervention agency selected in accordance with the submitted either by delivery by hand to an interven procedure referred to in Article 5. tion agency against acknowledgement of receipt or by registered letter addressed to an intervention agency. 3 . The intervention agency shall immediately inform each tenderer whether he has been awarded 2 . A tender shall be valid only if it relates to the the contract . entire quantity of a lot put out to tender. 4. Rights and obligations arising in connection 3 . The tender shall indicate inter alia : with the invitation to tender shall not be transferable . (a) the name and address of the tenderer ; 5 . The intervention agencies shall immediately (b) the port of loading, chosen from among Commu inform the Commission of the successful tenderer's nity ports ; name and address . (c) 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, in accordance with the specifications, the 1 . The successful tenderer shall deliver a quantity entire quantity which is the subject of his 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 of the stage referred to in Article 1 (2) for delivery. 2. Delivery at the port of unloading shall be consid ered as completed when the goods are actually de 4. A tender shall be valid only if proof is given posited on the quayside or on board a lighter at the before expiry of the period set for the submission of port of unloading. tenders that the security referred to in Article 4 has 3 . The recipient organization shall bear all expendi been provided . ture incurred after delivery, including acceptance costs . 5 . No tender may be withdrawn .
Article4¶
1 . The tendering and delivery security shall be 20 Any demurrage costs at the port of unloading attribu units of account per tonne of skimmed-milk powder. table to the recipient organization shall be borne by it. The rate and other details concerning such costs shall 2 . It shall take the form , at the discretion of the be laid down in the contract between the successful Member State concerned , either of a cheque made out tenderer and the carrier and must have been previ in favour of the intervention agency, or of a bank ously agreed upon by the successful tenderer acting as guarantee which satisfies the criteria fixed by the Community agent and the recipient organization 's Member State . 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 organization of the tion (EEC) No 804/ 68 a maximum price, expressed in name of the vessel , the date of loading as well as the units of account, shall be fixed or alternatively a deci quantity and the quality of the goods as recorded at sion shall be taken to make no award . the time of loading.
No L 23 / 36 Official Journal of the European Communities 27 . 1 . 77
2. The successful tenderer shall inform the recip — ' Livraison de lait écrémé en poudre à titre d aide ient organization at least 10 clear days in advance of alimentaire (règlement (CEE) n0 159/77) destinée à the expected date of arrival of the ship in the port of être embarquée au port de . . unloading. The successful tenderer shall have included — ' Lieferung von Magermilchpulver als Nahrungs in the terms of the charter-party a provision stipu mittelhilfe (Verordnung (EWG) Nr. 159/77) zur lating that the ship's captain shall inform the recip Verschiffung im Hafen von . . . bestimmt', ient organization at least 72 hours in advance of the ship's probable date of arrival in port. — ' Fornitura di latte scremato in polvere a titolo di aiuto alimentare (regolamento (CEE) n . 159/77) destinata ad essere imbarcata nel porto di . . .', Article 10 — Levering van magere-melkpoeder als voedselhulp 1 . The competent agency of the Member State in (Verordening ( EEG) nr. 159/77) bestemd om te which the contract is awarded shall check that the worden verscheept in de haven van . . .', skimmed-milk powder in question satisfies the requir — ' Levering af skummetmælkspulver som fødeva ements as to quality and packaging referred to in rehjælp (forordning ( EØF) nr. 159/77) bestemt til Article 1 (4). lastning i havnen i . . .'. 2. If the goods are found to satisfy those require ments, the agency shall, before completion of the Article 12 customs formalities referred to in Article 11 ( 1 ), provide the successful tenderer with a certificate to that effect . 1 . Except in cases of force majeure, the tendering and delivery security shall be released only if : 3 . On delivery the recipient organization shall issue (a) the tender has not been accepted ; a certificate proving taking delivery of the goods, stating that delivery of that quantity of skimmed-milk (b) the tenderer : powder as well as the empty bags referred to in Article — has not withdrawn his tender before the 1 (5) have been taken at the stage specified in Article contract is awarded, 1 (2). — has furnished the certificates provided for in Article 11 Article 10 (2) and (3).
1 . Customs export formalities shall be carried out 2. Release of the security shall take place immedi in the Member State in which the award of contract is ately . made .
2. If the port of loading specified in the tender is Article 13 situated in a Member State other than that in which the customs export formalities are carried out, the In cases of force majeure, the intervention agency goods shall, on completion of such formalities, be shall decide on the measures to be taken having placed under customs control with the object of regard to the circumstances invoked . ensuring that they are loaded at the port specified in the tender . Article 14 Proof of loading can be furnished only by production of the control copy referred to in Article 1 of Commis 1 . The amount referred to in Article 3 (3) (c) shall sion Regulation ( EEC) No 2315/69 of 19 November be paid only on production of the certificates 1969 on the use of Community transit documents for provided for in Article 10 (2) and (3). the purpose of applying Community measures for veri fying the use and/or destination of goods ('), as 2. If, owing to circumstances beyond the control of amended by Regulation ( EEC) No 690/73 (2). the undertaking responsible for the delivery, the Sections 101 , 103 and 104 of the control copy shall be submission of the attestation of delivery referred to in completed . Article 10 (3) is delayed, the competent agency may grant an advance . Section 104 shall be completed by deleting as neces sary and entering against the second indent one of the 3 . Such advance may , however, not exceed 80 % of following endorsements : the sum agreed for the delivery and shall be paid only — ' Delivery of skimmed-milk powder as food aid subject to the undertaking concerned lodging a secu (Regulation (EEC) No 159/77) to be shipped from rity for the skimmed-milk powder shipped in accor the port of . . dance with the conditions laid down in Article 1 (2) to (4) and having left the geographical territory of the (!) OJ No L 295 , 24 . 11 . 1969 , p. 14 . Community and if the undertaking furnished a surety (^) OJ No L 66 , 13 . 3 . 1973 , p. 23 . to the sum of the advance, plus 10 % .
27 . 1 . 77 Official Journal of the European Communities No L '23 /37
Article 15 In this case the intervention agency shall, on submis sion of supporting documents, come to an agreement Except in cases of force majeure, the successful with the undertaking in charge of the delivery of an tenderer shall accept all financial liability devolving increase of expenses compared with those initially set. upon the Community by reason of failure to load the skimmed-milk powder by the date specified in Article The intervention agency shall immediately inform the 1 (3). Commission of the new amount agreed upon .
Costs incurred by reason of failure to deliver the skim Article 17 med-milk powder as a result of force majeure shall be No refund or compensatory amount (whether mone borne by the competent agency of the Member State tary or accession) shall be applicable in respect of in which the award of contract is made . skimmed-milk powder supplied under this Regula tion . Article 16 Article 18 If events in Lebanon make delivery to the port of Beirut impossible, the intervention agency in question This Regulation shall enter into force on the day shall deliver the goods to the port of Limassol following its publication in the Official Journal of (Cyprus). the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 25 January . 1977. For the Commission
Finn GUNDELACH Vice-President
ANNEX
Skimmed-milk powder requirements (a) fat content : 1*5 % maximum (b) water content : 4-0 % maximum (c) total acidity in lactic acid : 015% maximum ( 18° Domic) (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 minimum (bb) vitamin D : 500 i.u . per 100 g minimum