31977R0579
No L 74/ 12 Official Journal of the European Communities 22 . 3 . 77
COMMISSION REGULATION ( EEC) No 579/ 77 of 21 March 1977 concerning the issue of an invitation to tender for the supply to the Republic of Rwanda for use as food aid, of vitaminized skimmed-milk powder to be purchased on the Community market
THE COMMISSION OF THE EUROPEAN Whereas Article 5 of Regulation (EEC) No 1298 /76 COMMUNITIES, provides that for the purpose of the supply and ship ment of skimmed-milk powder invitations to tender are to be issued ; Having regard to the Treaty establishing the European Economic Community, Whereas the procedure to be adopted for this tendering should in the main be the procedure used Having regard to Council Regulation ( EEC) No hitherto in similar cases ; 804/68 of 27 June 1968 on the common organization of the market in milk and milk products ('), as last Whereas the measures provided for in this Regulation amended by Regulation (EEC) No 559/76 (2 ), and in are in accordance with the opinion of the Manage particular Article 7 (5) thereof, ment Committee for Milk and Milk Products,
Having regard to Council Regulation ( EEC) No 1298/76 of 1 June 1976 laying down general rules for HAS ADOPTED THIS REGULATION : the supply of skimmed-milk powder, as food aid , to certain developing countries and certain international organizations under the 1976 programme (3), as Article 1 amended by Regulation (EEC) No 201 7/76 (4 ), and in particular Article 6 thereof, 1 . Tenders shall be invited in accordance with Regulations ( EEC) No 1298/76, (EEC) No 1299/76 Whereas Council Regulation (EEC) No 1299/76 of 1 and (EEC) No 2018 /76 for the costs of supplying to June 1976 on the supply of skimmed-milk powder the Republic of Rwanda 1 000 tonnes of vitaminized under the 1976 food-aid programme to certain deve skimmed-milk powder bought on the Community loping countries and international organizations (5), market and divided as follows : provides, inter alia, for the supply to the Republic of Rwanda of 200 tonnes of skimmed-milk powder ; — lot A : 500 tonnes,
— lot B : 500 tonnes . Whereas Council Regulation ( EEC) No 2018 /76 of 27 July 1976 on the additional supply of skimmed-milk powder as food aid to certain developing countries, 2. Delivery shall be delivered destination to Kigali . international organizations and non-governmental organizations under the 1976 programme (6) provides, 3 . Loading shall take place : inter alia, for 800 tonnes of skimmed-milk powder to be made available to the Republic of Rwanda ; — lot A : as soon as possible and by 15 May 1977 at whereas this country has requested the supply of the latest , 1 000 tonnes of vitaminized skimmed-milk powder ; — lot B : after the 10 and before 25 June 1977 . Whereas Article 2 (2) of Regulation (EEC) No 1298 /76 4. The skimmed-milk powder shall meet : provides that if there is enough skimmed-milk powder available in public stocks with the characteris tics necessary for the particular destination where this — as to quality, the requirements set out in the Annex to this Regulation , requires, in particular, the addition of vitamins, supplies shall be obtained by purchase on the Commu — as to packing, the requirements set out in Annex I nity market ; to Commission Regulation (EEC) No 1108 /68 of 27 July 1968 on detailed rules of application for (') OJ No L 148 , 28 . 6 . 1968 , p. 13 public storage of skimmed-milk powder ( 7), as last (2 ) OJ No L 67, 15 . 3 . 1976, p. 9 . amended by Regulation (EEC) No 1457/75 (8). (>) OJ No L 146, 4. 6 . 1976, p. 3 . (4) OJ No L 224, 16 . 8 . 1976, p . 1 . (s) OJ No L 146, 4 . 6 . 1976, p . 5 . ( 7) OJ No L 184, 29 . 7. 1968 , p. 34 . (*) OJ No L 224, 16 . 8 . 1976, p . 2 . ( 8) OJ No L 145, 6 . 6 . 1975, p. 17 .
22 . 3 . 77 Official Journal of the European Communities No L 74/ 13
5. The successful tenderer shall deliver, as a supple 2 . It shall take the form , at the discretion of the ment, 5 % empty bags similar to those containing the Member State concerned , either of a cheque made out goods. He shall undertake to have these bags in favour of the intervention agency, or of a bank mentioned on the bill of loading. guarantee which satisfies the criteria fixed by the Member State . 6. The packing of the skimmed-milk powder shall bear a marking in letters at least one centimetre high indicating : Article 5 ' Lait ecreme en poudre enrichi en vitamines A et D / Don de la Communauté économique européenne à la In the light of the tenders received and in accordance république du Rwanda / À distribuer gratuitement.' with the procedure laid down in Article 30 of Regula tion (EEC) No 804/68 a maximum price, expressed in Article 2 units of account, shall be fixed or alternatively a deci sion shall be taken to make no award . 1 . The intervention agencies shall frame a notice of invitation to tender which shall be published in the Official Journal of the European Communities not Article 6 less than 10 days before the closing date for the 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 12 April 1977 at 12 noon . maximum price fixed for the lot in question .
Article 3 2. Subject as provided in paragraph 1 , the successful tenderer shall be the one whose offer, 1 . Tenders, which shall be in writing, shall be converted into units of account, is the lowest. Where submitted either by delivery by hand to an interven two or more valid offers specifying identical amounts, tion agency against acknowledgement of receipt or by as converted into units of account, are received by a 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 intervention agencies, the award shall be made by the telex . intervention agency selected in accordance with the procedure referred to in Article 5 . 2. A tender is only valid if it covers the total quan tity of a lot offered for tender. 3 . The intervention agency shall immediately 3 . The tender shall indicate inter alia : inform each tenderer whether he has been awarded the contract . (a) the name and address of the tenderer ;
(b) the port or ports of loading, chosen from among 4. Rights and obligations arising in connection Community ports ; with the invitation to tender shall not be transferable . (c) the price, exclusive of taxes, expressed in the currency of the Member State in which the tender 5. The intervention agencies shall immediately is presented, at which the tenderer undertakes to inform the Commission of the successful tenderer's name and address . supply, in accordance with the specifications, the entire quantity which is the subject of his tender.
Such price shall be inclusive of transport insur Article 7 ance costs of the stage referred to in Article 1 (2) for delivery . 1 . The successful tenderer shall deliver a quantity 4. A tender shall be valid only if proof is given of skimmed-milk powder satisfying the requirements before expiry of the period set for the submission of as to quality and packaging referred to in Article 1 (4). tenders that the security referred to in Article 4 has been provided . 2. Delivery 'to destination' shall be completed 5 . No tender may be withdrawn . when the vitaminized skimmed-milk powder has actu ally arrived at the destination and been unloaded . Article 4 3 . The recipient country shall bear all costs 1 . The tendering and delivery security shall be 20 incurred after delivery including the cost of taking units of account per tonne of skimmed-milk powder. delivery of the goods and possible transhipment costs.
No L 74/ 14 Official Journal of the European Communities 22 . 3 . 77
Article 8 1969 on the use of Community transit documents for the purpose of applying Community measures for veri Any expenses, resulting from delays on the part of the fying the use and/or destination of goods (•), as recipient country in taking over the goods, shall, on amended by Regulation (EEC) No 690/73 (2). presentation of the necessary proof, be paid by the intervention agency in question, and are the responsi Sections 101 , 103 and 104 of the control copy shall be bility of the Community, without prejudice to a completed . subsequent repayment by the recipient country. Section 104 shall be completed by deleting as neces sary and entering against the second indent one of the Article 9 following endorsements :
— ' Delivery of skimmed-milk powder as food aid 1 . The intervention agency in question shall as (Regulation (EEC) No 579/77) to be shipped from soon as possible inform the recipient country of the the port of . . date of loading, means of transport used to deliver the goods to their destination , the quantity and quality of — 'Livraison de lait écrémé en poudre à titre d aide the goods as recorded on shipment, as well as the port alimentaire (règlement (CEE) n0 579/77) destinée à of unloading. être embarquée au port de . . — 'Lieferung von Magermilchpulver als Nahrungsmit 2. The successful tenderer shall inform the recip telhilfe (Verordnung (EWG) Nr. 579/77 zur Vers ient country of the probable date of arrival of the chiffung im Hafen von . . . bestimmt', goods at their destination at least two clear days in advance . — Fornitura di latte scremato in polvere a titolo di aiuto alimentare (regolamento (CEE) n . 579/77 Article 10 destinata ad essere imbarcata nel porto di . . .', — Levering van magere-melkpoeder als voedselhulp 1 . The competent agency of the Member State in (Verordening (EEG) nr. 579/77) 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 ements as to quality and packaging referred to in — Levering af skummetmælkspulver som fødeva Article 1 (4). rehjælp (forordning (EØF) nr. 579/77) bestemt til 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 1 . Except in cases of force majeure, the tendering that effect . and delivery security shall be released only if :
(a) the tender has not been accepted ; 3 . On delivery the country of destination shall issue a certificate proving taking delivery of the goods, (b) the tender : stating that delivery of that quantity of skimmed-milk — has not withdrawn his tender before the powder as well as the empty bags referred to in Article contract is awarded, 1 (5) have been taken at the stage specified in Article 1 (2). — has furnished the certificates provided for in Article 10 (2) and (3).
Article 11 2. Release of the security shall take place immedi ately. 1 . Customs export formalities shall be carried out in the Member State in which the award of contract is Article 13 made . In cases of force majeure, the intervention agency 2. If the port of loading specified in the tender is shall decide on the measures to be taken having situated in a Member State other than that in which regard to the circumstances invoked . the customs export formalities are carried out, the goods shall , on completion of such formalities, be Article 14 placed under customs control with the object of ensuring that they are loaded at the port specified in 1 . The amount referred to in Article 3 (3) (c) shall the tender. be paid only on production of the certificates provided for in Article 10 (2) and (3). Proof of loading can be furnished only by production of the control copy referred to in Article 1 of Commis (') OJ No L 295, 24. 11 . 1969, p. 14. sion Regulation ( EEC) No 2315/ 69 of 19 November (2 ) OJ No L 66, 13 . 3 . 1973, p. 23 .
22 . 3 . 77 Official Journal of the European Communities No L 74/ 15
2. If, owing to circumstances beyond the control of upon the Community by reason of failure to load the the undertaking responsible for the delivery, the skimmed-milk powder by the date specified in Article submission of the attestation of delivery referred to in 1 ( 3). Article 10 (3) is delayed, the competent agency may, Costs incurred by reason of failure to deliver the skim on production of the supporting documents, grant and med-milk powder as a result of force majeure shall be advance . borne by the competent agency of the Member State in which the award of contract is made. Such an advance may, however, not exceed 80 % of the sum agreed for the delivery and shall be paid only Article 16 subject to the undertaking concerned lodging a secu rity for the skimmed-milk powder shipped, in accor No refund or compensatory amount (whether mone dance with the conditions laid down in Article 1 (4), tary or accession) shall be applicable in respect of (5) and (6), and having left the geographical territory skimmed-milk powder supplied under this Regula of the Community, and if the undertaking furnished a tion . security for the sum of the advance, raised by 10 % . Article 17 Article 15 This Regulation shall enter into force on the day Except in cases of force majeure, the successful following its publication in the Offcial Journal of the tenderer shall accept all financial liability devolving European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 21 March 1977 .
For the Commission
Finn GUNDELACH Vice-President
A N .XI-: X
Skimmed-milk powder requirements ( a ) tat content : 1.5 /<> maximum (b ) water content : 4.0 % maximum (c ) total acidity in lactic acid : 0.15 % maximum ( 18 1 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 content : ( aa ) vitamin A : 5 000 i.u . per 100 g minimum ( bb) vitamin D : 500 i u . per 100 g minimum