CELEX: 31976R3001
Language: en
Date: 1976-12-10 00:00:00
Title: Commission Regulation (EEC) No 3001/76 of 10 December 1976 concerning the issue of an invitation to tender for the supply to the Comoro Islands, for use as food aid, of vitaminized skimmed-milk powder to be purchased on the Community market

No L 342/ 14                          Official Journal of the European Communities                             11 . 12. 76
                                    COMMISSION REGULATION (EEC) No 3001 /76
                                                     of 10 December 1976
               concerning the issue of an invitation to tender for the supply to the Comoro
               Islands, for use as food aid, of vitaminized skimmed-milk powder to be
                                           purchased on the Community market
 THE COMMISSION OF THE EUROPEAN                                    Whereas the measures provided for in this Regulation
 COMMUNITIES,                                                      are in accordance with the opinion of the Manage­
                                                                   ment Committee for Milk and Milk Products,
 Having regard to the Treaty establishing the European
 Economic Community,
 Having regard to Council Regulation (EEC) No
                                                                   HAS ADOPTED THIS REGULATION :
 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,
                                                                                           Article 1
 Having regard to Council Regulation (EEC) No
  1298 /76 of 1 June 1976 laying down general rules for            1.     Tenders shall be invited in accordance with
 the supply of skimmed-milk powder, as food aid, to                Regulations (EEC) No 1298/76 and (EEC) No
 certain developing countries and certain international            2018 /76 for the costs of supplying to the Comoro
 organizations under the 1976 programme (3), as                    Islands one lot of 500 metric tons of vitaminized skim­
 amended by Regulation (EEC) No 201 7/76 (4), and in               med-milk powder purchased on the Community
 particular Article 6 thereof,                                     market.
 Whereas Council Regulation (EEC) No 2018/76 of 27                 2.     Delivery shall be effected at the port of Moroni .
 July 1976 on the additional supply of skimmed-milk
 powder as food aid to certain developing countries,
 international organizations and non-governmental                  3.     Loading shall take place as soon as possible and
 organizations under the 1976 programme ^) provides                not later than 20 March 1977.
 inter alia for 500 metric tons of skimmed-milk
 powder to be made available to the Comoro Islands ;               4.     The skimmed-milk powder shall meet :
 whereas this country has requested the abovemen­
 tioned quantity of vitaminized skimmed-milk                       — as to quality, the requirements set out in the
 powder ;                                                               Annex to this Regulation ,
 Whereas Article 2 (2) of Regulation (EEC) No 1298/76              — as to packing, the requirements set out in Annex I
 provides that if there is enough skimmed-milk                          to Commission Regulation ( EEC) No 1108/68 of
 powder available in public stocks with the characteris­                27 July 1968 on detailed rules of application for
 tics necessary for the particular destination where this               public storage of skimmed-milk powder (6), as last
 requires, in particular, the addition of vitamins,                   • amended by Regulation ( EEC) No 1457/75 (7).
 supplies shall be obtained by purchase on the Commu­
 nity market ;                                                     5. The successful tenderer shall deliver, as a supple­
                                                                   ment, 5 % empty bags similar to those containing the
 Whereas Article 5 of Regulation (EEC) No 1298/76                 goods. He shall undertake to have these bags
 provides that for the purpose of the supply and ship­             mentioned on the bill of lading.
 ment of skimmed-milk powder invitations to tender
 are to be issued ;
                                                                   6 . The packing of the skimmed-milk powder shall
                                                                   bear a marking in letters at least one centimetre high
 Whereas the procedure to be adopted for this                      indicating :
 tendering should in the main be the procedure used
 hitherto in similar cases ;
                                                                  ' Lait ecreme en poudre vitaminé/ Don de la Commu­
                                                                   nauté économique européenne aux îles Comores/À
(')  OJ No  L 148, 28 . 6. 1968 , p. 11                           distribuer gratuitement'.
(i ) OJ No  L 67, 15 . 3 . 1976, p. 9 .
(3)  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.
0)   OJ No  L 224, 16. 8 . 1976, p. 2.                            (7) OJ No L 1 45, 6. 6. 1975, p. 17.
 ---pagebreak--- 11 . 12 . 76                        Official Journal of the European Communities                         No L 342/ 15
                        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 frame a notice of         sion shall be taken to make no award.
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,
                                                              converted into units of account, is more than the
shall be 11 January 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
2. 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.
3.     The tender shall indicate inter alia :
                                                              3.    The    intervention   agency shall    immediately
(a) the name and address of the tenderer ;                    inform each tenderer whether he has been awarded
                                                              the contract.
(b) the port or ports of loading, chosen from among
     Community ports ;
(c) the price, exclusive of taxes, expressed in the           4.    Rights and obligations arising in connection
                                                              with the invitation to tender shall not be transferable.
     currency of the Member State in which the tender
     is presented, at which the tenderer undertakes to
     supply, in accordance with the specifications, the       5.    The intervention agencies shall immediately
     entire quantity which is the subject of his tender.      inform the Commission of the successful tenderer's
                                                              name and address.
     Such price shall be inclusive of transport insur­
     ance costs of the stage referred to in Article 1 (2)
     for delivery.
                                                                                      Article 7
4. A tender shall be valid only if proof is given
before expiry of the period set for the submission of          1 . The successful tenderer shall deliver a quantity
tenders that the security referred to in Article 4 has        of skimmed-milk powder satisfying the requirements
been provided.                                                as to quality and packaging referred to in Article 1 (4).
5.     No tender may be withdrawn .                           2. Delivery at the port of unloading shall be consid­
                                                              ered as completed when the goods are actually depo­
                                                              sited on the quayside or on board a lighter at the port
                         Article 4
                                                              of unloading.
 1 . The tendering and delivery security shall be 20          3 . The country of destination shall bear all expendi­
units of account per metric ton of skimmed-milk
                                                              ture incurred after delivery including acceptance costs.
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           Any demurrage costs at the port of unloading attribu­
Member State .                                                table to the recipient country shall be borne by it. The
                                                              rates and other details concerning such costs shall be
                                                              laid down     in  the contract between the successful
                        Article 5                             tenderer and the carrier and must have been previ­
                                                              ously agreed upon by the successful tenderer acting as
In the light of the tenders received and in accordance        Community agent and the country of destination's
with the procedure laid down in Article 30 of Regula­         agent .
 ---pagebreak--- No L 342/ 16                            Official Journal of the European Communities                             11 . 12. 76
                         A rticle 9                               Section 104 shall be completed by deleting as neces­
                                                                  sary and entering against the second indent one of the
1 . The intervention agency concerned shall as soon               following endorsements :
as possible notify the country of destination of the
name of the vessel, the date of loading, the quantity             — Delivery of skimmed-milk powder as food aid
and the quality of the goods as recorded at the time of               (Regulation (EEC) No 3001 /76) to be shipped
loading and the port of unloading.                                     from the port of . .
2. The successful tenderer shall inform the country               — ' Livraison de lait écrémé en poudre à titre d aide
of destination at least 10 clear days in advance of the                alimentaire (règlement (CEE) n0 3001 /76) destinée
expected date of arrival of the ship in the port of                    à être embarquée au port de . .
unloading. The successful tenderer shall have included            — ' Lieferung von Magermilchpulver als Nahrungsmit­
in the terms of the charter-party a provision stipu­                   telhilfe (Verordnung (EWG) Nr. 3001 /76) zur Vers­
lating that the ship's captain shall inform the country                chiffung im Hafen von . . . bestimmt',
of destination at least 72 hours in advance of the
                                                                  — 'Fornitura di latte scremato in polvere a titolo di
ship's probable date of arrival in port.                               aiuto alimentare (regolamento (CEE) n . 3001 /76)
                                                                       destinata ad essere imbarcata nel porto di. . .',
                         Article 10
                                                                  — 'Levering van magere-melkpoeder als voedselhulp
 1.     The competent agency of the Member State in                    (Verordening (EEG) nr. 3001 /76) 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                     — 'Levering af skummetmælkspulver som fødeva­
requirements as to quality and packaging referred to                   rehjælp (forordning (EØF) nr. 3001 /76) bestemt til
in Article 1 (4).                                                      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 :
3. On delivery the country of destination shall issue             (a) the the tender has not been accepted ;
a certificate proving taking delivery of the goods,
stating that deliver/ of that quantity of skimmed-milk            (b) the tenderer :
powder as well as the empty bags referred to in Article                — has     not  withdrawn    his tender   before    the
 1 (5) have been taken at the stage specified in Article                   contract is awarded,
 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
 1.     Customs export formalities shall be carried out           ately.
in the Member State in which the award of contract is
made .
                                                                                          Article 13
2.      If the port of loading specified in the tender is
situated in a Member State other than that in which
                                                                   In cases of force majeure, the intervention agency
the customs export formalities are carried out, the
                                                                  shall decide on the measures to be taken having
goods shall , on completion of such formalities, be                regard to the circumstances invoked.
placed under customs control with the object of
ensuring that they are loaded at the port specified in
the tender.                                                                               Article 14
Proof of loading can be furnished only by production
of the control copy referred to in Article 1 of Commis­           The amount referred to in Article 3 (3) (c) shall be
sion Regulation (EEC) No 2315/69 of 19 November                    paid only on production of the certificates provided
 1969 on the use of Community transit documents for               for in Article 10 (2) and (3).
the purpose of applying Community measures for veri­
fying the use and/or destination of goods ('), as                                         Article 15
amended by Regulation (EEC) No 690 /73 (2).
Sections 101 , 103 and 104 of the control copy shall be            Expert in cases of force majeure, the successful
completed .                                                        tenderer shall accept all financial liability devolving
                                                                  upon the Community by reason of failure to load the
(') OJ No L 295, 24 . 11 . 1969 , p . 14 .                         skimmed-milk powder by the date specified in Article
O OJ No L 66 , 13 . 3 . 1973 , p . 23 .                            1 3)
 ---pagebreak--- 11 . 12. 76                             Official Journal of the European Communities                          No L 342/ 17
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
in which the award of contract is made .
                                                                                           Article 17
                           Article 16
                                                                   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, 10 December 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 :                 015% 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 enrichment :
                   (aa) vitamin A :                              5 000 i.u . per 1 00 g
                   (bb) vitamin D :                              500 i.u . per 100 g