CELEX: 31976R2909
Language: en
Date: 1976-11-30 00:00:00
Title: Commission Regulation (EEC) No 2909/76 of 30 November 1976 on the invitation to tender for the supply to UNICEF, for Vietnam, for use as food aid, of vitaminized skimmed-milk powder to be purchased on the Community market

1 . 12. 76                             Official Journal of the European Communities                         No L 332/37
                                  COMMISSION REGULATION (EEC) No 2909/76
                                                    of 30 November 1976
              on the invitation to tenqer for the supply to UNICEF, for Vietnam, for use as
               food aid, of vitaminized skimmed-milk powder to be purchased on the Commu­
                                                          nity market
THE COMMISSION OF THE EUROPEAN                                    tics necessary for the particular destination where this
COMMUNITIES,                                                      requires, in particular, the addition of vitamins,
                                                                  supplies shall be obtained by purchase of skimmed­
                                                                  milk powder on the Community market ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                  Whereas Article 5 of Regulation (EEC) No 1298/76
                                                                  provides that for the purposes of the supply and ship­
Having regard to Council Regulation (EEC) No                      ment of skimmed-milk powder, invitations to tender
804/68 of 27 June 1968 on the common organization                 are to be issued ;
of the market in milk and milk products (t), as last
amended by Regulation (EEC) No 559/76 (2), and in                 Whereas the procedure to be adopted for this
particular Article 7 (5) thereof,                                 tendering should in the main be the procedure used
                                                                  hitherto in similar cases ;
Having regard to Council Regulation (EEC) No
 1298/76 of 1 June 1976 laying down general rules for             Whereas the measures provided for in this Regulation
the supply of skimmed-milk powder under the 1976                  are in accordance with the opinion of the Manage­
food-aid programme to certain developing countries                ment Committee for Milk and Milk Products,
and certain international organizations (}), as amended
by Regulation (EEC) No 2017/76 (4), and in particular
Article 6 thereof,
                                                                  HAS ADOPTED THIS REGULATION :
Whereas Council Regulation (EEC) No 1299/76 of 1
June 1976 on the supply of skimmed-milk powder as
food aid to certain developing countries and interna­                                      Article 1
tional organizations under the 1976 programme ^),
provides, inter alia, for the supply of 4 000 metric
                                                                   1.    Tenders shall be invited in accordance with the
tons of skimmed-milk powder to be made available to
UNICEF ; whereas the same Regulation provides for a               provisions of Regulations (EEC) No 1298/76, (EEC)
reserve    of  3 630    metric    tons    of   skimmed-milk       No 1299/76 and (EEC) No 1529/76, for the costs of
powder ; whereas, according to Council Regulation                 delivering to UNICEF a lot of 735 metric tons of
(EEC) No 1529/76 of 2i June 1976 on the emergency                 vitaminized skimmed-milk powder to be purchased
supply of skimmed-milk powder to the United                       on the Community market for Vietnam.
Nations Children's Fund as foocf aid for the people of
Vietnam under Regulation (EEC) No 1 299/76 (6), 506               2. Delivery shall be effected at the port of
metric tons of this reserve shall be allocated to the             unloading Haiphong.
United Nations Children's Fund for the people of
Vietnam ; whereas this country has requested the                  3. Shipping shall take place as soon as possible and
supply of 735 metric tons of vitaminized skimmed­                 not later than 15 February 1977.
milk powder of which 229 metric tons remain to be
supplied under Regulation (EEC) No 1299/76 and 506                4.     The skimmed-milk powder shall meet :
metric tons are to be supplied under Regulation (EEC)
No 1529/76 ;                                                      — as to quality, the requirements set out in the
                                                                      Annex to this Regulation,
Whereas Article 2 (2) of Regulation (EEC) No 1 298/76             — as to packaging, the requirements set out in the
provides that, if there is not enough skimmed-milk                    Annex to Commission Regulation (EEC) No
powder available in public stocks with the characteris­                1 108/68 of 27 July 1968 on detailed rules of appli­
                                                                      cation for public storage of skimmed-milk
0)   OJ  No L 148, 28 . 6. 1968r p. 13 .                               powder (7), as last amended by Regulation (EEC)
(2)  OJ  No L 67, 15. 3. 1976, p. 9.                                   No 1457/75 (8).
(3)  OJ  No L 146, 4. 6. 1976, p. 3.
(<)  OJ  No L 224, 16. 8 . 1976, p. 1 .
(*)  OJ  No L 146, 4. 6. 1976, p. 5.                              (7) OJ No L 184, 29. 7. 1968, p. 24.
(<)  OJ  No L 170, 29. 6. 1976, p. 3 .                            («) OJ No L 145, 6. 6. 1975, p. 17.
 ---pagebreak--- No L 332/38                         Official Journal of the European Communities                              1 . 12. 76
The packaging of the skimmed-milk powder shall                 2.    It shall take the form, at the discretion of the
bear in letters at least one centimetre high the               Member State concerned, either of a cheque made out
following inscription :                                        in favour of the intervention agency, or of a bank
 Lait écrémé en poudre vitamine / don de la Commu­
                                                               guarantee which satisfies the criteria fixed by the
                                                               Member State.
nauté économique européenne à l'Unicef en faveur du
peuple du Viêt-nam'.
5. The successful tenderer shall supply a further                                      Article 5
5 % empty bags indentical to those containing the
goods. He shall undertake to have these bags                   In the light of the tenders received and in accordance
mentioned on the bill of lading.                               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 draw up 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 14 December 1976 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 acknowledgment 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
 Intervention agencies may also authorize the use of           drawing lots. Where such offers are made to different
 telex.                                                         intervention agencies, the award shall be made by the
 2.     The tender shall indicate inter alia :
                                                                intervention agency selected in accordance with the
                                                                procedure referred to in Article 5.
(a) the name and address of the tenderer ;
 (b) the port or ports of loading, chosen from among            3.    The intervention agency shall immediately
     Community ports ;                                          inform each tenderer whether he has been awarded
                                                                the contract.
 (c) the price, exclusive of taxes, expressed in the
     currency of the Member State in which the tender
     is presented, at which the tenderer undertakes to          4.     Rights and obligations arising in connection
     supply, in accordance with the specifications laid         with the invitation to tender shall not be transferable.
     down in the Annex, the entire quantity of a lot
      put out to tender.                                        5.     The intervention agencies shall immediately
                                                                inform the Commission of the name and address of
      Such price shall be inclusive of transport insur­         the successful tenderer.
      ance costs to the stage referred to in Article 1 (2)
      for delivery.
 3.     A tender shall be valid only if :                                              Article 7
 (a) it relates to the entire quantity of a lot put out to
      tender ;                                                   1 . The successful tenderer shall deliver a quantity
                                                                of skimmed-milk powder satisfying the requirements
 (b) proof is given before expiry of the period set for         as to quality and packaging laid down in Article 1 (4).
      the submission of tenders that the security referred
      to in Article 4 has been provided.
                                                                2. Delivery at the port of loading shall be
 4.     No tender may be withdrawn.                             completed when the goods are actually deposited on
                                                                the quayside or on board a lighter at the port of
                          Article 4                             unloading.
  1 . The tendering and delivery security shall be 20            3. The recipient organization shall bear all expendi­
  units of account per metric ton of skimmed-milk                ture incurred after delivery, including acceptance
  powder.                                                       costs .
 ---pagebreak---  1 . 12. 76                        Official Journal of the European Communities                           No L 332/39
                         Article 8                            the customs export formalities      are carried out, the
                                                              goods shall, on completion of       such formalities, be
Any demmurrage costs at the port of unloading attrib­         placed under customs control        with the object of
 utable to the recipient shall be borne by it. The rates      ensuring that they are loaded at    the port specified in
                                                              the tender.
 and other details concerning such costs shall be laid
 down in the contract between the successful tenderer
 and the carrier and must have been previously agreed         Pi oof of loading can be furnished only by production
 upon by the successful tenderer acting as Community          of the control copy referred to in Article 1 of Commis­
agent and the recipient's delivery agent.                     sion Regulation (EEC) No 2315/69 of 19 November
                                                              1969 on the use of Community transit documents for
                                                              the purpose of applying Community measures for veri­
                         Article 9
                                                              fying the use and/or destination of goods (J), as
                                                              amended by Regulation (EEC) No 690/73 (2).
 1 . The intervention agency concerned shall as soon          Sections 101 , 103 and 104 of the control copy shall be
as possible notify the recipient body of the name of          completed.
the vessel, the date of loading, the quantity and the
quality of the goods as recorded at time of loading           Section 104 shall be completed by deleting as neces­
and the port of unloading.                                    sary and entering against the second indent one of the
                                                              following endorsements :
2. The successful tenderer shall inform the recip­
ient at least 10 clear days in advance of the expected       — 'Delivery of skimmed-milk powder as food aid
date of arrival of the ship in the port of unloading.             (Regulation (EEC) No 2909/76) to be shipped
The successful tenderer shall have included in the                from the port of . . ;
terms of the charter-party a provision stipulating that       — 'Livraison de lait écrémé en poudre à titre d aide
the ship's captain shall inform the recipient at least 72         alimentaire (règlement (CEE n0 2909/76) destinée
hours in advance of the ship's probable date of arrival           à être embarquée au port de . . .' ;
in port.
                                                             — 'Lieferung von Magermilchpulver als Nahrungsmit­
                                                                  telhilfe (Verordnung (EWG) Nr. 2909/76) zur Ver­
                        Article 10
                                                                  schiffung im Hafen von . . . bestimmt' ;
                                                             — 'Fornitura di latte scremato in polvere a titolo di
1.     The competent agency of the Member State in                aiuto alimentare (regolamento (CEE) n. 2909/76)
which the contract is awarded shall check that the                destinata ad essere imbarcata nel porto di . . .' ;
skimmed-milk powder in question satisfies require­           — 'Levering van magere-melkpoeder als voedselhulp
ments as to quality and packaging referred to in                  (Verordening (EEG) nr. 2909/76) bestemd om te
Article 1 (4).                                                    worden verscheept in de haven van . . .' ;
                                                             — Levering af skummetmælkspulver som fødeva­
2. If the goods are found to satisfy those require­               rehjælp (forordning (EØF) nr. 2909/76) bestemt til
ments, the agency shall, before completion of the                 lastning i havnen i . . .'.
customs formalities referred to in Article 11 ( 1 ),
provide the successful tenderer with a certificate to
that effect.
                                                                                     Article 12
3. On delivery the recipient organization shall issue         1 . Except in cases of force majeure, the tendering
a certificate proving taking delivery of the goods,          and delivery security shall be released only if :
stating that the delivery of that quantity of skimmed
milk has been taken at the stage specified in Article        (a) the tender has not been accepted ;
1 (2).
                                                             (b) the tenderer :
                                                                  — has     not withdrawn     his   tender before   the
                        Article 11                                    contract is awarded,
                                                                  — has furnished the certificates provided for in
                                                                      Article 10 (2) and (3).
1.     Customs export formalities shall be carried out
in the Member State in which the award of contract is
made.                                                        2. Release of the security shall take place immedi­
                                                             ately.
2.     If the port of loading specified in the tender is     (») OJ No L 295, 24. 11 . 1969, p. 14.
situated in a Member State other than that in which          (2) OJ No L 66, 13. 3. 1973, p. 23.
 ---pagebreak--- No L 332/40                            Official Journal of the European Communities                              1 . 12. 76
                          Article 13                              Costs incurred by reason of failure to deliver the skim­
                                                                  med-milk powder as a result of force majeure shall be
In cases of force majeure the intervention agency shall           borne by the competent agency of the Member State
decide on the measures to be taken having regard to               in which the award of contract is made.
the circumstances invoked.
                          Article 14                                                       Article 16
The amount referred to in Article 3 (2) (c) shall be              No refund or compensatory amount (whether mone­
paid only on production of the certificates provided              tary or accession) shall be applicable in respect of
for in Article 10 (2) and (3).                                    skimmed-milk powder supplied under this Regula­
                                                                  tion .
                          Article 15
Except in cases of force majeure, the successful                                           Article 17
tenderer shall accept all financial liability devolving
upon the Community by reason of failure to load the               This Regulation shall enter into force on the day
skimmed-milk powder by the date specified in Article              following its publication in the Official Journal of
1 (3).                                                            the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 30 November 1976.
                                                                              For the Commission
                                                                                P.J. LARDINOIS
                                                                         Member of the Commission
                                                            ANNEX
               I. Skimmed-milk powder requirements
                  (a) fat content :                                15 % 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) appearence :                                 white or slightly yellowish colour, free from
                                                                   impurities or coloured particles
                  (n) vitamin enrichment
                      (aa) vitamin A :                             5 000 I.U . per 100 g
                      (bb) vitamin D :                             500 i.u . per 100 g.