31977R0711
5 . 4 . 77 Official Journal of the European Communities No L 87 / 9
COMMISSION REGULATION ( EEC) No 711 / 77 of 4 April 1977 concerning the issue of an invitation to tender for the supply to the World Food Programme , for use as food aid , of vitaminized skimmed-milk powder to be purchased on the Community market for certain third countries
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,
Having regard to Council Regulation ( EEC) No Article 1 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 to the Regulation ( EEC) No 2017/ 76 ( 4 ), and in particular WFP 718 tonnes of vitaminized skimmed-milk Article 6 thereof, powder to be purchased on the Community market , divided into lots and for the destinations listed in Whereas Council Regulation ( EEC) No 2018 / 76 of 27 Annex I to this Regulation . July 1976 on the additional supply of skimmed-milk powder as food aid to certain developing countries, 2 . The skimmed-milk powder shall meet : international organizations and non-governmental organizations under the 1976 programme ( s), provides — as to quality , the requirements set out in Annex II inter alia that 10 000 tonnes of skimmed-milk to this Regulation , powder should be made available to the WFP ; -— 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 the WFP has requested the delivery of 718 tonnes of vitaminized skimmed-milk powder for public storage of skimmed-milk powder (h), as last certain third countries ; amended by Regulation ( EEC ) No 1 457 / 75 ( 7 ).
3 . The packing of the skimmed-milk powder shall Whereas Regulation ( EEC) No 1298 /76 provides in bear, in letters at least one centimetre high , the rele Article 2 ( 2) that , if the amounts of skimmed-milk vant marking as listed in Annex I. powder in public stocks do not have the characteris tics necessary for their particular destination where 4 . In addition the successful tenderer shall supply this requires , in particular, the addition of vitamins , 5 % empty bags identical to those containing the supply shall be ensured by the buying-in of skimmed goods . milk powder on the Community market ;
Whereas Article 5 of Regulation ( EEC ) No 1 298 / 76 Artuh 2 provides that for the purposes of the supply and ship ment of skimmed-milk powder, invitations to tender are to be issued : I. 'I he port of embarkation to be specified in the tender shall be chosen from among Community ports accessible for ocean-going ships having regular lines (>) OJ No 1 . 1 48 , 28 . 6 . ) 968 , p. 1 .V to the country of destination . ( 2 ) OJ No I. 67 , I <!. ?. 1976, p. 9 . ( J ) OJ No I. 146 , 4 . 6 . 1976 , p. ?. (4 ) OJ No L 224 , 16 . 8 . 1976 , p. 1 . ('■) (>| No I. 1X4 , 7 . IVf.s , p ( 4 . ( 5 ) OJ No I. 224 , 16 . 8 . 1976 , p. 2. (■') () | No I. I 4 S , h I p. I 7
No L 87 / 10 Official Journal of the European Communities 5 . 4 . 77
A tender may only indicate one port . 2 . It shall take the form , at the discretion of the Member State concerned, either of a cheque made out 2 . Delivery at the port of loading shall take place in favour of the intervention agency, or of a bank on a date fixed by the intervention agency concerned , guarantee which satisfies the criteria fixed by the which shall be : Member State . — with respect to Lots A to C : after 10 and before 31 May 1977 , — with respect to Lot D : after 1 and before 18 June Article 5 1977, — with respect to Lots E to F : after 1 and before 18 In the light of the tenders received and in accordance July 1977 . 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 19 April 1977 at 12 noon . in units of account, shall be fixed or alternatively a decision shall be taken to make no award .
Article J
1 . The intervention agencies shall draw up a notice Article 6 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 1 . A tender shall be refused if the price proposed , submission of tenders . converted into units of account , is more than the maximum price fixed for the lot in question . 2 . Tenders , which shall be in writing, shall be submitted either by delivery by hand to an interven 2 . Subject as provided in paragraph 1 , the tion agency against acknowledgment of receipt or by successful tenderer shall be the one whose offer, registered letter to an intervention agency . Interven converted into units of account , is the lowest . Where tion agencies may also authorize the use of telex . two or more valid offers specifying identical amounts, 3 . The tender may only be submitted to the inter as converted into units of account , are received by a vention agency of the Member State on whose terri given intervention agency, the award shall be made by tory the manufacture of the vitaminized skimmed drawing lots . Where such offers are made to different milk powder and its packaging, in accordance with intervention agencies, the award shall be made by the Article 1 ( 2 ), take place . intervention agency selected in accordance with the procedure referred to in Article 5 . 4 . A tender shall be valid only if it relates to the whole of a lot put up for tender. 3 . The intervention agency shall immediately 5 . A 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 of loading chosen from among ports speci 4 . Rights and obligations arising in connection fied in Article 2 ( 1 ); 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 tenderer undertakes to supply , in accordance with 5 . The intervention agencies shall immediately communicate to the Commission the tenderers ' the specification laid down in the Annex , the names and addresses . entire quantity to which his tender relates .
Such price shall be inclusive of transport insur ance costs to the stage referred to in Article 7 for Article 7 delivery .
6 . A tender shall be valid oiHy if proof is given 1 . The successful tenderer shall , on the date fixed before expiry of the period set for the submission of by the WFP, deliver at the port specified in the tender tenders that the security referred to in Article 4 has a quantity of skimmed-milk powder equal to the quan been provided . tities there specified . Any schedule for instalment 7 . No tender may be withdrawn . deliveries shall be fixed by the WFP agent in agree ment with the successful tenderer .
Art ich 4 2 . I he goods shall be regarded as delivered when I. The tendering and delivery security shall be 20 they are deposited at the place of exportation at the units of account per tonne of skimmed-milk powder. point designated by the WFP or its agent .
5 . 4 . 77 Official Journal of the European Communities No L 87/ 11
Article 8 — ' Levering van magere-melkpoeder als voedselhulp (Verordening (EEG) nr. 711 /77) bestemd om te 1 . The competent agency of the Member State in worden verscheept in de haven van . . which the contract is awarded shall check that the — ' Levering af skummetmælkspulver som fødeva skimmed-milk powder in question satisfies the rehjælp (forordning ( E0F) nr. 711 / 77) bestemt til requirements as to quality and packaging laid down in lastning i havnen i . . Article 1 ( 2).
2 . If the goods are found to satisfy those require Article 10 ments, as mentioned in Article 1 ( 2), the agency shall 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 :
3 . Upon delivery of the goods at the port of embar (a) the tender has not been accepted ; kation , the WFP agent shall hand to the successful (b) the tenderer : tenderer, acting as agent for the Community, a letter — has not withdrawn his tender before the of acceptance . This letter shall state that delivery of that quantity of skimmed-milk powder as well as the contract is awarded , empty bags referred to in Article 1 (4) have been taken — has furnished the certificates provided for in at the stage specified in Article 7 . Article 8 ( 2) and ( 3 ).
2 . Release of the security shall take place immedi Article 9 ately . If the tender has been submitted to the intervention agency of another Member State than that in which Article 11 the port of loading is situated the goods shall , on completion of the control referred to in Article 8 ( 1 ), In cases of force majeure, the intervention agency be placed under customs control with the object of shall decide on the measures to be taken having ensuring that they are delivered at the port specified regard to the circumstances invoked . in the tender .
Proof of loading can be furnished only by production Article 12 of the control copy referred to in Article 1 of Commis sion Regulation ( EEC) No 2315 /69 of 19 November The amount referred to in Article 3 ( 5) (c) shall be 1969 on the use of Community transit documents for paid only on production of the certificate provided for the purpose of applying Community measures for veri in Article 8 ( 2) and ( 3 ). fying the use and /or destination of goods ('), as amended by Regulation ( 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 WFP having facilitated the delivery at the place — ' Delivery of skimmed-milk powder as food aid and by the time appointed . (Regulation ( EEC) No 711 /77) to be shipped from the port of . . .', Costs incurred by reason of failure to deliver the skim med-milk powder as a result of force majeure shall be — ' Livraison de lait écrémé en poudre a titre d'aide borne by the competent agency of the Member State alimentaire (règlement (CEE) n° 71 1 / 77) destinée a concerned . être embarquée au port de . . — Lieferung von Magermilchpulver als Nahrungsmit telhilfe (Verordnung ( EWG ) Nr . 711 / 77) zur Ver Article 14 schiffung im Hafen von . . . bestimmt', — ' Fornitura di latte scremato in polvere a titolo di The intervention agency concerned shall pay to the aiuto alimentare ( regolamento ( CEE ) n . 711 / 77) WFP within 30 days after acceptance of each delivery destinata ad essere imbarcata nel porto di . . .', of skimmed-milk powder, a flat-rate contribution of 80 units of account per tonne of skimmed-milk (■) OJ No L 295 , 24 . II . 1969 , p. 14 . powder delivered towards the costs of transporting and (-') OJ No I. 66, 13 . 3 . 1973 . p. 23 . distributing such skimmed-milk powder .
No L 87 / 12 Official Journal of the European Communities 5 . 4 . 77
Article15¶
No refund or compensatory amount (whether mone tary or accession) shall be applicable in respect of This Regulation shall enter into force on the day skimmed-milk powder supplied under this Regula following its publication in the Official Journal of tion . the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 4 April 1977 .
For the Commission
Finn GUNDELACH Vice-President
ANNEX I
i OM I quantity Partial l.ot of lot Recipient 1 quantities countries Marking on the packaging¿ (m tonnes ) ( in tonnes
A 9 } y i Congo Lut cireme en poudre enrichi de vitamines A et D / Don de la Communauté économique européenne / Action du programme alimentaire mondial / Pointe-Noire B 90 90 Swaziland Skimmed-milk powder enriched with vitamins A and D / Gift of the European Economic Community / World Food Programme action / Maputo C 1 ! s HO Peru Leche desnatada en polvo con vitaminas A y vitaminas D / Donación de la Comunidad económica europea / Acción programa mundial de alimentos / Callao H [' cru Leche desnatada en polvo con vitaminas A y vitaminas D / Donación de la Comunidad económica europea / Acción programa muntli.il tie alimentos / Matarani I ) 1 80 180 Malawi Skimmed-milk powder enriched with vitamins A and D / Gift of the European Economic Community / World Food Programme aition / Nacala E 40 25 Somalia Skimmed-milk powder enriched with vitamins A and D / Gift of the European Economic Community / World Food Programme aition / Mogadiscio I s Somalia Skimmed-milk powder enriched with vitamins A anil D / Gift of the European Economic Community / World Food Programme ac tion / Berbera F J I pi i 200 Bolivia Leche desnatai!,i en polvo con vitammas A y vitaminas D / Donación de la Comunidad económica europea / Acción programa mundi , il de alimentos / Arica — La Pa /
5 . 4 . 77 Official Journal of the European Communities No L 87/ 13
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 content : (aa) vitamin A : 5 000 i.u . per 100 g minimum (bb) vitamin D : 500 i.u . per 100 g minimum