31977R0365
24. 2. 77 No L 52/ 11 Official Journal of the European Communities
COMMISSION REGULATION ( EEC) No 365/77 of 22 February 1977 concerning the invitation to tender for the supply to Indonesia, for use as food aid, of vitaminized skimmed-milk powder to be bought on the Community market
THE COMMISSION OF THE EUROPEAN Whereas the procedure to be adopted for this COMMUNITIES, tendering should in the main be the procedure used hitherto in similar cases ;
Having regard to the Treaty establishing the European Whereas the measures provided for in this Regulation Economic Community, are in accordance with the opinion of the Manage ment Committee for Milk and Milk Products, 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 HAS ADOPTED THIS REGULATION : 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 the supply of skimmed-milk powder as food aid to 1 . Tenders shall be invited in accordance with the certain developing countries and international organi provisions of Regulations (EEC) No 1298/76 and zations under the 1976 programme (3), as amended by (EEC) No 2018/76 for the costs of supplying one lot Regulation (EEC) No 201 7/76 (4), and in particular of 500 tonnes of vitaminized skimmed-milk powder, Article 6 thereof, bought on the Community market, to Indonesia.
2. The skimmed-milk powder shall meet : Whereas Council Regulation (EEC) No 2018/76 of 27 July 1976 on the additional supply of skimmed-milk — as to quality, the requirements set out in the powder as food aid to certain developing countries, Annex to this Regulation, international organizations and non-governmental organizations under the 1976 food-aid programme (5), — as to packaging, the requirements set out in provides inter alia for 500 tonnes of skimmed-milk Annex I to Commission Regulation (EEC) No powder to be made available to Indonesia ; whereas 1108/68 of 27 July 1968 on detailed rules for this country has requested the delivery of the above public storage of skimmed-milk powder (6), as last mentioned quantity of vitaminized skimmed-milk amended by Regulation (EEC) No 1 457/75 (7). powder ; 3 . In addition the successful tenderer shall supply 5 % empty bags identical to those containing the Whereas Regulation (EEC) No 1298/76 provides in goods. Article 2 (2) that, if the amounts of skimmed-milk powder in public stocks do not have the characteris 4. The packaging of the skimmed-milk powder tics necessary for their particular destination where shall bear the following inscription in letters at least this requires, in particular, the addition of vitamins, one centimetre high : supply shall be ensured by the buying-in of skimmed milk powder on the Community market ; 'Skimmed-milk powder enriched with vitamins A and D / Gift of the European Economic Community to Indonesia.' Whereas Article 5 of Regulation (EEC) No 1298/76 provides that for the purpose of the supply and ship ment of skimmed-milk powder invitations to tender are to be issued : Article 2
(») OJ No L 148 , 28 . 6. 1968 , p. 13 . 1 . Delivery shall be effected to the port of Antwerp. (2) OJ No L 67, 15. 3 . 1976, p. 9 . (J) OJ No L 146, 4. 6. 1976, p. 3 . C) OJ No L 224, 16. 8 . 1976, p. 1 . (') OJ No L 184, 29. 7. 1968, p. 34. Is) OJ No L 224, 16. 8 . 1976, p. 2. (7) OJ No L 145, 6. 6. 1975, p. 17.
No L 52/ 12 Official Journal of the European Communities 24. 2. 77
2. Delivery at the port of loading shall take place Article 5 on a date fixed by the intervention agency concerned which must be after 15 and before 30 April 1977. In the light of the tenders received and in accordance with the procedure laid down in Article 30 of Regula 3 . The time limit for the submission of tenders tion (EEC) No 804/68 a maximum amount, expressed shall be 8 March 1977 at 12 noon . 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 driaw 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. Tenders, which shall be in writing, shall be 2. Subject as provided in paragraph 1 , the 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 registered letter to an intervention agency. Interven two or more valid offers specifying identical amounts, 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 3. The tender may only be submitted to the inter drawing lots. Where such offers are made to different vention agency of the Member State on whose terri intervention agencies, the amount shall be made by tory the manufacture of the vitaminized skimmed the intervention agency selected in accordance with milk powder and its packaging, in accordance with the procedure referred to in Article 5. Article 1 (2), take place. 3. The intervention agency shall immediately 4. A tender shall be valid only if relates to the inform each tenderer whether he has been awarded whole of the lot put up for tender. the contract.
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 tenderer ; (b) the port of loading chosen according to Article 2 5. The intervention agencies shall immediately ( i ); communicate to the Commission the tenderer's name (c) the price, exclusive of taxes, expressed in the and address . currency of the Member State in which the tender is presented, at which the tenderer undertakes to supply, under the stipulated conditions, the entire Article 7 quantity to which his tender relates. 1 . The successful tenderer shall deliver at the port Such price shall be inclusive of transport insur of Antwerp and on the date fixed by the recipient ance costs to the stage for delivery. country the quantity of skimmed-milk powder meeting the requirements as regards quality and pack 6. A tender shall be valid only if the proof is given aging laid down in Article 1 (2). Any schedule for before expiry of the period set for the submission of instalment deliveries shall be fixed by the recipient tenders that the security referred to in Article 4 has country's agent in agreement with the successful been provided. tenderer.
7. No tender may be withdrawn . 2. The goods shall be regarded as delivered when they are deposited at the place of exportation at the Article 4 point designated by the recipient country or its agent.
1 . The tendering and delivery security shall be 20 Article 8 units of account per tonne of skimmed-milk powder.
2. It shall take the form, at the discretion of the 1 . The competent agency of the Member State in which the contract is awarded shall check that the Member State concerned, either of a cheque made out in favour of the intervention agency, or of a bank skimmed-milk powder in question satisfies the guarantee which satisfies the criteria fixed by the requirements as to quality and packaging referred to Member State. in Article 1 (2).
24. 2. 77 No L 52/ 13 Official Journal of the European Communities
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. 365/77) 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 and delivery security 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 referred to in Article 1 (3) have been taken at the stage — has not withdrawn his tender before the 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 365/77) 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) n0 365/77) destiné à être livré au port de ', — Magermilchpulver als Nahrungsmittelhilfe Article 14 (Verordnung (EWG) Nr. 365/77) 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 . 365/77) destinato ad tion . essere consegnato nel porto di ', — Magere-melkpoeder als voedselhulp (Verordening Article 15 (EEG) nr. 365/77) 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.
No L 52/ 14 24. 2. 77 Official Journal of the European Communities
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 February 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 0-1 g (1) taste and smell : clean (m) appearance : white or slightly yellowish colour, free from impurities or coloured particles (n) vitamin content : (aa) vitamin A : 5 000 i.u. per 100 g minimum (bb) vitamin D : 500 i.u. per 100 g minimum