31977R0161
No L 23/42 Official Journal of the European Communities 27 . 1 . 77
COMMISSION REGULATION ( EEC) No 161 / 77 of 26 January 1977 on the issue of an invitation to tender for the supply to Tanzania , 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 his 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,
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 Artiele 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 and 1298 /76 of 1 June 1976 laying down general rules for ( EEC) No 2018 /76 for the costs of supplying 950 the supply of skimmed-milk powder as food aid to tonnes of vitaminized skimmed-milk powder to certain developing countries and international Tanzania to be purchased on the Community market organizations under the 1976 programme (3), as and divided as follows : amended by Regulation ( EEC) No 2017/76 (4 ), and in particular Article 6 thereof, — Lot A : 400 tonnes, — Lot B : 550 tonnes . Whereas Council Regulation ( EEC) No 2018 /76 of 27 July 1976 on the additional supply of skimmed-milk 2 . The skimmed-milk powder shall meet : powder as food aid to certain developing countries, international organizations and non-governmental — as to quality, the requirements set out in the organizations under the 1976 programme (3), provides Annex to this Regulation , inter alia for 1 000 tonnes of skimmed-milk powder — as to packaging, the requirements set out in to be made available to Tanzania ; Annex I to Commission Regulation (EEC) No 1108 /68 of 27 July 1968 on detailed rules for Whereas this country has requested the delivery of public storage of skimmed-milk powder (6), as last 950 tonnes of skimmed-milk powder ; amended by Regulation ( EEC) No 1 457/76 (7).
Whereas Regulation ( EEC) No 1298 /76 provides in 3 . In addition the successful tenderer shall supply Article 2 (2) that, if the amounts of skimmed-milk 5 % empty bags identical to those containing the powder in public stocks do not have the characteris goods . tics necessary for their particular destination where this requires, in particular, the addition of vitamins , 4 . The packaging of the skimmed-milk powder supply shall be ensured by the buying-in of skimmed shall bear the following inscription in letters at least milk powder on the Community market ; one centimetre high :
Whereas Article 5 of Regulation ( EEC) No 1298 / 76 ' Skimmed-milk powder enriched with vitamins A and provides that for the purpose of the supply and ship D / Gift of the European Economic Community to ment of skimmed-milk powder invitations to tender Tanzania / For free distribution '. are to be issued ;
Whereas the procedure to be adopted for this Art itic 2 tendering should in the main be the procedure used hitherto in similar cases ; 1 . Delivery shall be effected from a port specified in the tender, which is accessible to ocean-going ships (>) OJ No L 148 , 28 . 6 . 1968 , p . 11 and has a regular service with the recipient country . (2 ) OJ No L 67 , 15 . 3 . 1976 , p . 9 . (3 ) OJ No L 146, 4 . 6 . 1976 , p . 3 . (4 ) OJ No L 224, 16 . 8 . 1976, p . 1 . (*>) OJ No L 184, 29 . 7 . 1968 , p . 34 . h ) 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 /43
2. Delivery at the port of loading shall take place guarantee which satisfies the criteria fixed by the on a date fixed by the intervention agency concerned, Member State . which must be for :
— Lot A : after 1 and before 1 5 March 1 977, Article 5 — Lot B : after 1 and before 1 5 April 1 977. In the light of the tenders received and in accordance 3 . The time limit for the submission of tenders with the procedure laid down in Article 30 of Regula shall be 8 February 1977 . tion (EEC) No 804/68 a maximum amount, expressed 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 submission of tenders . maximum price fixed for the lot in question .
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 amount shall be made by vention agency of the Member State on whose terri tory the manufacture of the vitaminized skimmed the intervention agency selected in accordance with the 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 relates to the the contract . whole of a lot put up for tender. 5 . 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 tenderers, 5 . The intervention agencies shall immediately (b) the port or ports of loading chosen according to communicate to the Commission the tenderer's name Article 2(1 ); and address . (c) the price, exclusive of taxes, expressed in the currency of the Member State in which the tender Artie e 7 is presented, at which the tenderer undertakes to supply, under the stipulated conditions, the entire quantity to which his tender relates . 1 . The successful tenderer shall deliver at the port designated in the tender and on the date fixed by the Such price shall be inclusive of transport insur recipient country the quantity of skimmed-milk ance costs to the stage for delivery. powder meeting the requirements as regards quality and packaging laid down in Article 1 (2). Any sche 6 . A tender shall be valid only if the proof is given dule for instalment deliveries shall be fixed by the before expiry of the period set for the submission of recipient country's agent in agreement with the tenders that the security referred to in Article 4 has successful tenderer . 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 tonne of skimmed-milk powder . 1 . The competent agency of the Member State in which the contract is awarded shall check that the 2 . It shall take the form , at the discretion of the skimmed-milk powder in question satisfies the Member State concerned , either of a cheque made out requirements as to quality and packaging referred to in favour of the intervention agency, or of a bank in Article 1 ( 2).
No L 23 /44 Official Journal of the European Communities 27 . 1 . 77
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. 161 /77) bestemt til levering i provide the successful tenderer with a certificate to havnen i . . that effect .
Article 10 3 . Upon delivery of the goods at the port of embar kation , the recipient country's agent shall hand to the 1 . Except in cases of force majeure, the tendering successful tenderer acting as agent for the Community security and delivery shall be released only if : a letter of acceptance . (a) the tender has not been accepted ; This letter shall state that delivery of that quantity of (b) the tenderer : skimmed-milk powder as well as the empty bags — has not withdrawn his tender before the referred to in Article 1 (3) have been taken at the stage specified in Article 2 ( 1 ). contract is awarded, — has furnished the certificates provided for in Article 8 (2) and (3). Article 9 2. Release of the security shall take place immedi If the tender has been submitted to the intervention ately. agency of another Member State than that in which the port of loading is situated the goods shall, on Article 11 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 furnished only by production of the control copy Article 12 referred to in Article 1 of Commission Regulation (EEC) No 2315/69 of 19 November 1969 on the use The amount referred to in Article 3 (5) (c) shall be of Community transit documents for the purpose of paid only on production of the certificate provided for applying Community measures for verifying the use in Article 8 (2) and (3). 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 completed. Except in cases of force majeure, the successful tenderer shall accept all financial liability devolving Section 104 shall be completed by deleting as neces upon the Community by reason of failure to load the sary and entering against the second indent one of the skimmed-milk powder at the place and in due time, following endorsements : the recipient country having enabled the delivery at the place and by the time appointed. — 'Skimmed-milk powder as food aid (Regulation ( EEC) No 161 /77) to be delivered at the port Costs incurred by reason of failure to deliver the skim 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 . (règlement (CEE) n° 161 /77) destiné à être livré au port de . . .', Article 14 — 'Magermilchpulver als Nahrungsmittelhilfe (Verordnung (EWG) Nr. 161 /77) 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 . 161 / 77) destinato ad tion . essere consegnato nel porto di . . .', — 'Magere-melkpoeder als voedselhulp (Verordening Article 15 ( EEG) nr. 161 / 77) bestemd om te worden geleverd 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 (-') OJ No L 66, 13 . 3 . 1973, p. 23 . the European Communities.
27 . 1 . 77 Official Journal of the European Communities No L 23 /45
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 26 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 : 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 minimum (bb) vitamin D : 500 i.u . per 100 g minimum