CELEX: 31977R0312
Language: en
Date: 1977-02-15 00:00:00
Title: Commission Regulation (EEC) No 312/77 of 15 February 1977 on the invitation to tender for the supply to UNICEF, for various third countries for use  as food aid, of vitaminized skimmed-milk powder to be purchased on the Community market

16 . 2 . 77                                 Official Journal of the European Communities                              No L 44/ 5
                                         COMMISSION REGULATION ( EEC) No 312/77
                                                           of 15 February 1977
                 on the invitation to tender for the supply to UNICEF, for various third countries
                 for use as food aid, of vitaminized skimmed-milk powder to be purchased 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
  Economic Community,                                                     Whereas the measures provided for in this Regulation
                                                                          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
 particular Article 7 (5) thereof,                                        HAS ADOPTED THIS REGULATION :
 Having regard to Council Regulation (EEC) No
  1298/76 of 1 June 1976 laying down general rules for                                               A rtic/e 1
 the supply of skimmed-milk powder under the 1976
 food-aid programme to certain developing countries                       1.     Tenders shall be invited in accordance with the
 and certain international organizations (3), as amended                  provisions of Regulations (EEC) No 1298 /76 and
 by Regulation (EEC) No 2017/76 (4), and in particular                   ( EEC) No 2018 /76 for the costs of delivering to
 Article 6 thereof,                                                       UNICEF a lot of 4 125 tonnes of vitaminized skim­
                                                                         med-milk powder to be purchased on the Community
                                                                         market, divided into lots , 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,
 international organizations and non-governmental                        2. The ports to which the deliveries are to be made ,
 organizations under the 1976 programme (5), provides                    as well as the loading dates, are also listed in Annex I.
 inter alia for the supply of 1 1 000 tonnes of skim­
 med-milk powder to be made available to UNICEF ;
                                                                         3.      The skimmed-milk powder shall meet :
 whereas this organization has requested the supply of
 4 125 tonnes of vitaminized skimmed-milk powder
 for various third countries ;                                           — as to quality, the requirements set out in Annex II
                                                                               to this Regulation ,
                                                                         — as to packaging, the requirements set out in the
Whereas Article 2 (2) of Regulation ( EEC) No 1298/76                          Annex to Commission Regulation (EEC) No
 provides that, if there is not enough skimmed-milk                            1 108 /68 of 27 July 1968 on detailed rules of appli­
 powder available in public stocks with the characteris­                       cation for public storage of skimmed-milk
 tics necessary for the particular destination where this                      powder (6), as last amended by Regulation (EEC)
 requires, in particular, the addition of vitamins,                            No 1 457/75 ( 7).
supplies shall be obtained by purchase of skimmed­
 milk powder on the Community market ;
                                                                         4. The packaging of the skimmed-milk powder
                                                                         shall bear in letters at least one centimetre high the
Whereas Article 5 of Regulation ( EEC) No 1298 /76                       relevant inscription , as listed in Annex I.
provides that for the purposes of the supply and ship­
ment of skimmed-milk powder, invitations to tender                       5. The successful tenderer shall supply a further
are to be issued ;
                                                                         5 % empty bags identical to those containing the
                                                                        goods . He shall undertake to have these bags
(')  OJ   No  L 148 , 28 . 6 . 1968 , p. 13.
(-') OJ   No  L 67, 15 . 3 . 1976, p. 9 .                                mentioned on the bill of lading .
(5 ) OJ   No  L 146, 4 . 6 . 1976, p. 3 .
(->) OJ   No  L 224, 16 . 8 . 1976 , p. I.                              (") OJ No L 184, 29 . 7 . 1968 , p. 24 .
(5 ) OJ   No  L 224 , 16 . 8 . 1976 , p . 2 .                           ( 7 ) OJ No L 145 , 6 . 6 . 1975 , p. 17 .
 ---pagebreak--- No L 44/ 6                            Official Journal of the European Communities                              16 . 2 . 77
                         Article 2                               tion ( EEC) No 804/68 a maximum price, expressed in
                                                                 units of account, shall be fixed or alternatively a deci­
1 . The intervention agencies shall draw up a notice            sion shall be taken to make no award .
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                                        Article 6
submission of tenders .
2.      The closing date for the submission of tenders           1.     A tender shall be refused if the price proposed,
shall be 1 March 1977 at 12 noon .                               converted into units of account, is more than the
                                                                 maximum price fixed for the lot in question .
                         Article 3
                                                                 2.     Subject   as  provided   in  paragraph      1,   the
1 . Tenders, which shall be in writing, shall be                 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 recept or by               two or more valid offers specifying identical amounts,
registered letter addressed to an intervention agency.           as converted into units of account, are received by a
Intervention agencies may also authorize the use of             given intervention agency, the award shall be made by
telex .                                                          drawing lots. Where such offers are made to different
                                                                 intervention agencies, the award shall be made by the
2.      A tender is only valid if it is made for the entire      intervention agency selected in accordance with the
quantity of a lot put up for tender. However, for lots           procedure referred to in Article 5.
D and E, the tenderer shall specify for how many
partial quantities his tender is valid .
                                                                 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 Commu­             4.     Rights and obligations arising in connection
    nity 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 name and address of
    supply, in accordance with the specifications laid           the successful tenderer.
    down , the entire quantity dealt with in his tender.
Such price shall be inclusive of transport insurance                                     Article 7
costs to 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 laid down in Article 1 (3).
tenders that the security referred to in Article 4 has
been provided .                                                  2.     Delivery at the port of loading shall be
                                                                 completed when the goods are actually deposited on
5.      No tender may be withdrawn .                             the quayside or on board a lighter at the port of
                                                                 unloading.
                         Article 4
                                                                 3 . The recipient organization shall bear all expendi­
1 . The tendering and delivery security shall be 20              ture incurred after delivery, including acceptance
                                                                costs .
units of account per tonne of skimmed-milk powder.
2.      It shall take the form , at the discretion of the
Member State concerned , either of a cheque made out                                     Article 8
in favour of the intervention agency, or of a bank
guarantee which satisfies the criteria fixed by the
Member State .                                                  Any demurrage costs at the port of unloading attribu­
                                                                 table to the recipient shall be borne by it. The rates
                                                                and other details concerning such costs shall be laid
                         Article 5                              down in the contract between the successful tenderer
                                                                and the carrier and must have been previously agreed
In the light of the tenders received and in accordance           upon by the successful tenderer acting as Community
with the procedure laid down in Article 30 of Regula­           agent and the recipient's delivery agent.
 ---pagebreak---  16 . 2 . 77                             Official Journal of the European Communities                           No L 44/7
                            Article 9                              Sections 101 , 103 and 104 of the control copy shall be
                                                                   completed .
 1 . The intervention agency concerned shall as soon
as possible notify the recipient body of the name of               Section 104 shall be completed by deleting as neces­
the vessel , the date of loading, the quantity and the             sary and entering against the second indent one of the
quality of the goods as recorded at the time of loading            following endorsements :
and the port of unloading.
                                                                   — ' Delivery of skimmed-milk powder as food aid
2. The successful tenderer shall inform the recip­                      (Regulation (EEC) No 312/77) to be shipped from
ient at least 10 clear days in advance of the expected                  the port of . . ;
date of arrival of the ship in the port of unloading.              — ' Livraison de lait écrémé en poudre a titre d'aide
The successful tenderer shall have included in the                      alimentaire (règlement (CEE) n° 312/77) destinée a
terms of the charter-party a provision stipulating that                 être embarquée au port de . . ;
the ship's captain shall inform the recipient at least 72
                                                                   — ' Lieferung von Magermilchpulver als Nahrungsmit­
hours in advance of the ship's probable date of arrival
                                                                        telhilfe (Verordnung (EWG) Nr. 312/77) zur Vers­
in port.
                                                                        chiffung im Hafen von . . . bestimmt' ;
                                                                   — ' Fornitura di latte scremato in polvere a titolo di
                           Article 10                                   aiuto alimentare (regolamento (CEE) n . 312/77)
                                                                        destinata ad essere imbarcata nel porto di . . ;
 1.    The competent agency of the Member State in                 — ' Levering van magere-melkpoeder als voedselhulp
which the contract is awarded shall check that the
                                                                        (Verordening (EEG) nr. 312/77) bestemd om te
skimmed-milk powder in question satisfies require­                      worden verscheept in de haven van . . .' ;
ments as to quality and packaging referred to in
Article 1 (3).                                                     — ' Levering af skummetmælkspulver som fødeva­
                                                                        rehjælp (forordning (EØF) nr. 312/77) bestemt til
2.      If the goods are found to satisfy those require­                lastning i havnen i
ments, the agency shall , before completion of the
customs formalities referred to in Article 11 ( 1 ),
provide the successful tenderer with a certificate to                                       Article 12
that effect .
                                                                    1.    Except in cases of force majeure, the tendering
3.      On delivery the recipient organization shall issue         and delivery security shall be released only if :
a certificate proving taking delivery of the goods,
                                                                   (a) the tender has not been accepted ;
stating that the delivery of that quantity of skimmed
milk has been taken at the stage specified in Article 1            (b) the tenderer :
(2).                                                                    — has      not  withdrawn    his tender before  the
                                                                             contract is awarded ,
                           Article 11                                   — 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               2.    Release of the security shall take place immedi­
made .                                                             ately.
2.      If the port of loading specified in the tender is
situated in a Member State other than that in which                                         Article 13
the customs export formalities           are carried out, the
goods shall , on completion of           such formalities, be       In cases of farce majeure, the intervention agency
placed under customs control              with the object of       shall decide on the measures to be taken having
ensuring that they are loaded at         the port specified in      regard to the circumstances invoked .
the tender .
Proof of loading can be furnished only by production                                        Article 14
of the control copy referred to in Article 1 of Commis­
sion Regulation ( EEC) No 23 1 5/69 of 19 November                  1.    The amount referred to in Article 3 (3) (c) shall
 1969 on the use of Community transit documents for                be paid only on production of the certificates
the purpose of applying Community measures for veri­               provided for in Article 10 (2) and (3).
fying the use and/or destination of goods ('), as
amended by Regulation ( EEC) No 690/73 (:).                        2.     If, owing to circumstances beyond the control of
                                                                   the tenderer, the submission of the attestation of
(') O ) No L 295 , 24 . I 1 . 1969 , p. 14 .                       delivery referred to in Article 10 (3) is delayed, the
(-) OJ No L 66, I V 3 . 1973 , p. 23 .                             competent agency may grant an advance .
 ---pagebreak--- No L 44/8                         Official Journal of the European Communities                              16 . 2 . 77
Such an advance may, however, not exceed 80 % of             Costs incurred by reason of failure to deliver the skim­
the sum agreed for the delivery and shall be paid only       med-milk powder as a result of force majeure shall be
subject to the undertaking concerned providing proof        borne by the competent agency of the Member State
that the skimmed-milk powder shipped complies with           in which the award of contract is made .
the conditions laid down in Article 1 (3) to (5) and has
left the geographical territory of the Community and                               Article 16
if the undertaking furnishes a surety to the sum of the      No refund or compensatory amount (whether mone­
advance, raised by 10 % .                                    tary or accession) shall be applicable in respect of
                                                            skimmed-milk powder supplied under this Regula­
                      Article 1 5                            tion .
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 (2).                                                       the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
              Done at Brussels, 15 February 1977.
                                                                      For the Commission
                                                                       Finn GUNDELACH
                                                                          Vice-President
 ---pagebreak--- 16 . 2 . 77                            Official Journal of the European Communities                                             No L 44/ 9
                                                                ANNEX I
     Lot                  Quantity            Port of unloading       Latest date of loading            Inscription on the packaging
      A                     630 t         Dar-Es-Salaam                  . 1 5 . 4 . 1 977      Vitaminized skimmed-milk powder /
                                         (Tanzania)                                             Gift of the European Economic
                                                                                                Cömmunity / Action of UNICEF
      B                     431 t        Rangoon                           15 . 4 . 1977        Vitaminized skimmed-milk powder /
                                         (Burma)                                                Gift of the European Economic
                                                                                                Community / Action of UNICEF
      C                     418 t        Port Sudan                        15 . 4 . 1977        Vitaminized skimmed-milk powder /
                                         (Sudan )                                               Gift of the European Economic
                                                                                                Community / Action of UNICEF
      D                   1 000 t        Haiphong                          15 . 4 . 1977        Lait écrémé en poudre vitaminé / Don
                   (2 p.q . of 500 t)    (Vietnam)                                              de la Communauté économique euro­
                                                                                                péenne / Action de l'Unicef
      E                   1 000 t        Haiphong                  after     1 5 and     before Lait écrémé en poudre vitaminé / Don
                   (2 p.q . of 500 t)    (Vietnam )                     31 May 1977             de la Communauté économique euro­
                                                                                                péenne / Action de l'Unicef
      F                     214 t        Haiphong                  after     15   and    before Lait écrémé en poudre vitaminé / Don
                                         (Vietnam )                     31 May 1977             de la Communauté économique euro­
                                                                                                péenne / Action de l'Unicef
     G                      432 t        Aden                              15 . 4 . 1977        Vitaminized skimmed-milk powder /
                                         (Yemen RDP)                                            Gift of the European Economic
                                                                                                Community / Action of UNICEF
                                                                ANNEX II
                                              Skimmed-milk powder requirements
             (a ) fnt 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 ( 150 mg minimum )
              ( i ) germ content :                                   50 000 per g maximum
            ( k ) colon bacillus titer :                             negative in 01 g
              ( I ) 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