CELEX: 31976R2490
Language: en
Date: 1976-10-13 00:00:00
Title: Commission Regulation (EEC) No 2490/76 of 13 October 1976 on the issue of an invitation to tender for the supply to the Arab Republic of Egypt for use as food aid of vitaminized skimmed-milk powder to be bought on the Community market

No L 283 / 12                             Official Journal of the European Communities                             14. 10 . 76
                                    COMMISSION REGULATION (EEC) No 2490/76
                                                        of 13 October 1976
              on the issue of an invitation to tender for the supply to the Arab Republic of
              Egypt 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 Council Regulation (EEC) No                         Whereas the measures provided for in this Regulation
804/68 of 27 June 1968 on the common organization                    are in accordance with the opinion of the Manage­
of the market in milk and milk products ('), as last                 ment Committee for Milk and Milk Products,
amended by Regulation (EEC) No 559/76 (2), and in
particular Article 7 (5) thereof,
Having regard to Council Regulation (EEC) No                         HAS ADOPTED THIS REGULATION :
1298 /76 of 1 June 1976 laying down general rules for
the supply of skimmed-milk powder as food aid to
certain developing countries and international organi­
                                                                                                 Article 1
zations under the 1976 programme (3), as amended by
Regulation (EEC) No 201 7/76 (4), and in particular
Article 6 thereof,                                                    1.     Tenders shall be invited in accordance with the
                                                                     provisions of Regulations ( EEC) No 1298/76 and
                                                                     (EEC) No 2018 /76, for the costs of supplying 4 500
Whereas Council Regulation (EEC) No 2018 /76 of 27                   metric tons of vitaminized skimmed-milk powder to
July 1976 on the additional supply of skimmed-milk                   the Arab Republic of Egypt and divided up into the
powder as food aid to certain developing countries,                   following lots :
international organizations and non-governmental
organizations under the 1976 programme (5), provides                 — lot A 1 : 1 000 metric tons,
 inter alia for 5 200 metric tons of skimmed-milk
                                                                     — lot A 2 : 1 000 metric tons ,
powder to be made available to the Arab Republic of
 Egypt ;                                                             — lot A 3 : I 000 metric tons,
                                                                     — lot A 4 : 1 000 metric tons,
Whereas the Arab Republic of Egypt has requested                      — lot B : 500 metric tons .
 the delivery of 4 500 metric tons of vitaminized skim­
 med-milk powder ;                                                    2.     The skimmed-milk powder shall meet :
                                                                      — as to quality, the prescriptions set out in the
 Whereas Regulation (EEC) No 1298 /76 provides in                          Annex to this Regulation,
 Article 2 (2) that, if the amounts of skimmed-milk
 powder in public stocks do not have the characteris­                 — as to packaging, the prescriptions set out Annex I
 tics necessary for their particular destination where                     to Commission Regulation ( EEC) No 1108 / 68 of
 this requires, in particular, the addition of vitamins,                   27 July 1968 (6), on detailed rules for public
 supply shall be ensured by the buying-in of skimmed­                      storage of skimmed-milk powder, as last amended
 milk powder on the Community market ;                                     by Regulation ( EEC) No 1457/76 (7).
                                                                      3 . The successful tenderer shall deliver, as a supple­
 Whereas Article 5 of Regulation (EEC) No 1298/76                     ment, 5 % empty bags similar to those containing the
 provides that for the purpose of the supply and ship­                goods .
 ment of skimmed-milk powder invitations to tender
 are to be issued ;
                                                                      4. The packaging of the skimmed-milk powder
                                                                      shall bear the following inscription in letters at least 1
 (')  OJ No L 148 , 28 . 6 . 1968 , p . 13 .                          cm high :
 (2)  OJ No L 67, 15 . 3 . 1976, p . 9 .
 0    OJ No L  146, 4. 6 . 1976 , p . 3 .
 («)  OJ No L 224, 16 . 8 . 1976 , p . 1 .                            (") OJ No L 184, 29 . 7 . 1968 , p . 34 .
 (5 ) OJ No L 224, 16 . 8 . 1976, p . 2.                              ( 7) OJ No L 145 , 6 . 6 . 1975 , p . 17 .
 ---pagebreak---  14. 10 . 76                       Official Journal of the European Communities                         No L 283/ 13
'Skimmed-milk powder enriched with vitamins A and                 supply, under the stipulated conditions, the total
D / Gift of the European Economic Community to                    quantity to which his tender relates.
Egypt / For free distribution.'
                                                                  Such price shall be inclusive of transport insur­
                                                                  ance costs to the stage for delivery.
                        Article 2
                                                              6. A tender shall be valid only if the proof is given
 1 . Delivery shall be effected from a port to be desig­     before expiry of the period set for the submission of
nated in the tender, chosen from among Community              tenders that the security referred to in Article 4 has
ports accessible for ocean-going ships and having a           been provided.
regular line to Alexandria.
                                                              7.    No tender may be withdrawn .
2.     Delivery at the port of shipment take place on a
date fixed by the intervention agency concerned and                                   Article 4
which must be
— as regards Lots A 1 and A 2 :                               1 . The tendering and delivery security shall be 20
     after 6 and before 23 December 1976 ;                    units of account per metric ton of skimmed-milk
                                                              powder.
— as regards Lot A 3 :
     after 6 and before 23 January 1977 ;                     2.    It shall take the form , at the discretion of the
— as regards Lots A 4 and B :                                 Member State concerned, either of a cheque made out
     after 6 and before 23 February 1977.                     in favour of the intervention agency, or of a bank
                                                              guarantee which satisfies the criteria fixed by the
3.     The time limit for the submission of tenders is        Member State .
26 October 1976 at 12 noon .
                                                                                      Article 5
                         Article J
                                                              In the light of the tenders received and in accordance
 1 . The intervention agencies shall frame a notice of        with the procedure laid down in Article 30 of Regula­
 invitation to tender which shall be published in the         tion (EEC) No 804/68 a maximum amount, expressed
 Official Journal of the European Communities not             in units of account, shall be fixed or alternatively a
                                                              decision shall be taken to make no award .
 less than 10 days before the closing date for the
 submission of tenders .
                                                                                      Article 6
 2. Tenders, which shall be in writing, shall be
 submitted either by delivery by hand to an interven­
                                                               1.   A tender shall be refused if the price proposed,
 tion agency against acknowledgement of receipt or by         converted into units of account, is more than the
 registered letter to an intervention agency. Interven­       maximum price fixed for the lot in question .
 tion agencies may also authorize the use of telex .
 3.    The tender shall be introduced to the interven­
                                                              2.    Subject    as  provided   in  paragraph    1 , the
                                                              successful tenderer shall be the one whose offer,
 tion agency of the Member State on the territory of          converted into units of account, is the lowest . Where
 which the manufacture and conditioning of vitami­            two or more valid offers specifying identical amounts,
 nized skimmed-milk powder have been done in accor­           as converted into units of account, are received by a
 dance with Article 1 (2).                                    given intervention agency, the award shall be made by
                                                              drawing lots. Where such offers are made to different
 4 . A tender shall be valid only if it relates to the        intervention agencies, the award shall be made by the
 entire quantity of a lot put out to tender.                  intervention agency selected in accordance with the
                                                              procedure referred to in Article 5.
 Moreover, a tender shall relate only to lots designated
 by the same capital letter. The tenderer shall make          3.    The    intervention   agency shall   immediately
 clear in his tender as regards Lots A 1 to A 4 for how       inform each tenderer whether he has been awarded
 many lots — under these conditions — it is valid .           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 price, exclusive of taxes, expressed in the          5.    The intervention agencies shall immediately
     currency of the Member State in which the tender         communicate to the Commission the tenderer's name
     is presented, at which the tenderer undertakes to        and address .
 ---pagebreak--- No L 283 / 14                            Official Journal of the European Communities                             14. 10 . 76
                          Article 7                                Section 104 shall be completed by deleting as neces­
                                                                   sary and entering against the second indent one of the
1 . The successful tenderer shall deliver at the port               following endorsements :
designated in the tender and on the date fixed by the
recipient country the quantity of skimmed-milk                     — 'Skimmed-milk powder as food aid (Regulation
powder meeting the requirements as regards quality                      (EEC) No 2490/76) to be delivered at the port
                                                                        of . .
and packaging laid down in the Annex to this Regula­
tion . Any schedule for instalment deliveries shall be             — ' Lait écrémé en poudre à titre d aide alimentaire
fixed by the recipient country's agent in agreement                     (règlement (CEE) n0 2490/76) destinée à être livré
with the successful tenderer.                                           au port de . .
                                                                    — 'Magermilchpulver         als     Nahrungsmittelhilfe
2. The goods shall be regarded as delivered when                        (Verordnung (EWG) Nr. 2490/76) zur Lieferung
they are deposited at the place of exportation at the                   im Hafen von . . . bestimmt',
point designated by the recipient country or its agent.
                                                                    — Latte scremato in polvere a titolo di aiuto alimen­
                                                                        tare (regolamento (CEE) n. 2490/76) destinato ad
                          Article 8                                     essere consegnato nel porto di . . .',
                                                                    — 'Magere-melkpoeder als voedselhulp (Verordening
1.     The competent agency of the Member State in
which the contract is awarded shall check that the                      (EEG) nr. 2490/76) bestemd om te worden gele­
                                                                        verd in de haven van . .
skimmed-milk powder in question satisfies the re­
quirements as to quality and packaging referred to in               — Skummetmælkspulver             som       fødevarehjælp
Article 1 (2).                                                          (forordning (EØF) nr. 2490/76) bestemt til levering
                                                                        i havnen i
2. If the goods are found to satisfy those require­
ments the agency shall, as referred to in Article 1 (2),                                   Article 10
provide the successful tenderer with a certificate to
that effect .
                                                                    1.     Except in cases of force majeure, the tendering
3.     Upon delivery of the goods at the port of embar­             security and delivery shall be released only if :
kation, the recipient country's agent shall hand to the             (a) the tender has not been accepted ;
successful tenderer acting as agent for the Community
a letter of acceptance.                                             (b) the tenderer :
                                                                        — has     not  withdrawn    his tender   before    the
This letter shall state that delivery of that quantity of                   contract is awarded,
skimmed-milk powder as well as the empty bags
referred to in Article 1 (3) have been taken at the stage               — has furnished the certificates provided for in
specified in Article 2 ( 1 ).                                               Article 8 (2) and (3).
                                                                    2. Release of the security shall take place immedi­
                          Article 9                                 ately.
If the port of loading specified in the tender is situ­                                    Article 11
ated in a Member State other than that in which the
tender has been introduced the goods shall, on                      In cases of force majeure, the intervention agency
completion of the control referred to in Article 8 ( 1 ),           shall decide on the measures to be taken having
be placed under customs control with the object of                  regard to the circumstances invoked .
ensuring that they are delivered at the port specified
in the tender.
                                                                                           Article 12
Proof of delivery to the port of loading can be
furnished only by production of the control copy                    The amount referred to in Article 4 (3) (b) shall be
referred to in Article 1 of Commission Regulation                   paid only on production of the certificate provided for
(EEC) No 2315/69 of 19 November 1969 on the use                     in Article 8 (2) and (3).
of Community transit documents for the purpose of
applying Community measures for verifying the use
and/or destination of goods ('), as amended by Regula­                                     Article 13
tion (EEC) No 690/73 (2).
                                                                    Except in cases of force majeure, the successful
Sections 101 , 103 and 104 of the control copy shall be             tenderer shall accept all financial liability devolving
completed .                                                         upon the Community by reason of failure to load the
                                                                    skimmed-milk powder at the place and in due time,
(') OJ No L 295, 24. 11 . 1969, p . 14.                             the recipient country having facilitated the delivery at
(2 ) OJ No L 66, 13 . 3 . 1973 , p. 23 .                            the place and by the time appointed.
 ---pagebreak--- 14. 10 . 76                            Official Journal of the European Communities                           No L 283/ 15
Costs incurred by reason of failure to deliver the skim­         skimmed-milk powder supplied under this Regula­
med-milk powder as a result of force majeure shall be            tion .
borne by the competent agency of the Member State
concerned .
                                                                                          Article 15
                           Article 14
                                                                 This Regulation shall enter into force on the day
No refund or compensatory amount (whether mone­                  following its publication in the Official Journal of
tary or accession) shall be applicable , in respect of            the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 13 October 1976 .
                                                                              For the Commission
                                                                                P.J. LARDINOIS
                                                                        Member of the Commission
                                                           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° Domic)
                (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 enrichment :
                      (aa) vitamin A :                            5 000 l.u . per 100 g
                      (bb) vitamin D :                           500 i.u . per 100 g