CELEX: 31976R2184
Language: en
Date: 1976-09-03 00:00:00
Title: Commission Regulation (EEC) No 2184/76 of 3 September 1976 concerning the issue of an invitation to tender for the supply to the International Committee of the Red Cross, for Panama for use as food aid, of vitaminized skimmed-milk powder to be purchased on the Community market

7. 9 . 76                                Official Journal of the European Communities                          No L 245/ 5
                                     COMMISSION REGULATION ( EEC) No 2184/76
                                                      of 3 September 1976
              concerning the issue of an invitation to tender for the supply to the Interna­
              tional Committee of the Red Cross , for Panama for use as food aid , of vitami­
                  nized 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,
                                                                    HAS ADOPTED THIS REGULATION :
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                                        Article 1
amended by Regulation ( EEC) No 559/76 (2), and in
particular Article 7 (5) thereof,                                   1.     Tenders   shall be  invited  in accordance with
                                                                    Regulations (EEC) No 1298 /76 and (EEC) No
Having regard to Council Regulation (EEC) No                        1299/76 for / the costs of delivery to ICRC of a lot of
1298/76 of 1 June 1976 laying down the general rules                500 metric tons of vitaminized skimmed-milk powder
for the supply of skimmed-milk powder under the                     for Panama .
1976 food-aid programme to certain developing coun­
tries and certain international organizations (3), and in           2.      Delivery shall be effected at the port of
particular Article 6 thereof,                                       unloading Cristobal-Colon as mentioned in Article 7
                                                                   (2).
Whereas Council Regulation ( EEC) No 1299/76 of 1
June 1976 on the supply of skimmed-milk powder                      The shipping shall take place not later than 15
under the 1976 food-aid programme to certain deve­                  November 1976 .
loping countries and certain international organiza­
tions (4) provides, inter alia, for the supply of 2 000             3 . The skimmed-milk powder shall meet the
metric tons of skimmed-milk powder to be made avail­                requirements as to quality and packaging set out in
able to the International Committee of the Red Cross                the Annex to this Regulation .
(ICRC) ;
                                                                    4. The successful tenderer shall also supply a
Whereas ICRC has requested the delivery of 500                      further 5 % of empty bags identical to those
metric tons of vitaminized skimmed-milk powder for                  containing the goods. He shall undertake to have
Panama ;                                                            these bags mentioned on the bill of lading.
Whereas Council Regulation ( EEC) No 1298/76,
Article 2 (2) provides that, if the amounts of skimmed­                                     Article 2
milk powder in public stocks do not have the
characteristics necessary for their particular destina­             1 . The intervention agencies shall frame a notice of
tion where this requires, in particular, the addition of            invitation to tender which shall be published in the
vitamins, supplies shall be ensured by the buying-in                Official Journal of the European Communities not
of skimmed-milk powder on the Community market ;                    less than 10 days before the closing date for the
                                                                    submission of tenders .
Whereas Article 5 of Regulation ( EEC) No 1298 /76
provides that for the purposes of the supply and ship­              2. The closing date for the submission of tenders
ment of skimmed-milk powder invitations to tender                   shall be 28 September 1976 at 12 noon .
are to be issued ;
                                                                                             Article 3
Whereas the procedure to be adopted for this
tendering should in the main be the procedure used                   1 . Tenders, which shall be in writing, shall be
 hitherto in similar cases ;
                                                                    submitted either by delivery by hand to an interven­
                                                                    tion agency against acknowledgement of receipt or by
(')  OJ No  L 148 , 28 . 6 . 1968 , p. 13.
(2 ) OJ No  L 67, 15 . 3 . 1976, p. 9 .                             registered letter addressed to an intervention agency.
(3 ) OJ No  L 146, 4 . 6 . 1976, p . 3 .                            Intervention agencies may also authorize the use of
(■») OJ No  L 146, 4. 6 . 1976, p . 5 .                             telex .
 ---pagebreak--- No L 245/6                           Official Journal of the European Communities                              7 . 9 . 76
2.     The tender shall indicate inter alia :                  drawing lots. Where such offers    are made to different
                                                               intervention agencies, the award   shall be made by the
(a) the name and address of the tenderer ;                     intervention agency selected in     accordance with the
(b) the port of loading chosen from among Commu­               procedure referred to in Article   5.
     nity ports ;
(c) the price, exclusive of taxes, expressed in the            3.    The    intervention   agency    shall immediately
                                                               inform each tenderer whether he has been awarded
    currency of the Member State in which the tender           the contract.
    is presented, at which the tenderer undertakes to
    supply, in accordance with the specifications laid
    down in the Annex, the entire quantity of the lot          4.    Rights and obligations arising in connection
                                                               with the invitation to tender shall not be transferable .
    put out to tender.
Such price shall be inclusive of transport insurance           5.    The intervention agencies shall immediately
                                                               inform the Commission of the successful tenderer's
costs to the stage referred to in Article 1 (2) for
                                                               name and address .
delivery.
3.     A tender shall be valid only if :
                                                                                       A rticle 7    /
(a) it relates to the entire quantity of the lot put out to
    tender-;                                                   1 . The successful tenderer shall deliver a quantity
(b) proof is given before expiry of the period set for         of skimmed-milk powder satisfying the requirements
    the submission of tenders that the security referred       as to quality and packaging laid down in Annex to
    to in Article 4 has been provided .                        this Regulation .
4.     No tender may be withdrawn .                            2. Delivery 'port of unloading' shall be completed
                                                               when the goods are actually deposited on the quayside
                                                               or on board a lighter at the port of unloading.
                          Article 4
                                                               3 . The recipient organization shall be responsible
1 . The tendering security shall be 20 units of                for all expenditure incurred after delivery including
account per metric ton of skimmed-milk powder.                 acceptance costs .
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 shall be borne by it. The rates
                                                               and other details concerning such costs shall be laid
                                                               down in the contract between the successful tenderer
                          Article 5                            and the carrier and must have been previously agreed
                                                               upon by the successful tenderer acting as Community
In the light of the tenders received and in accordance         agent and the recipient's delivery agent.
with the procedure laid down in Article 30 of Regula­
tion ( EEC) No 804/68 a maximum price expressed in
units of account shall be fixed, or alternatively a deci­                              Article 9
sion shall be taken to make no award .
                                                               1 . The intervention agency concerned shall as soon
                                                               as possible notify the recipient body of the name of
                          Article 6                            the vessel, the date of loading, the quantity and the
                                                               quality of the goods as recorded at the time of loading
1.     A tender shall be refused if the price proposed,        and the port of unloading.
converted into units of account, is more than the
maximum price fixed for the lot in question .                  2. The successful tenderer shall inform the recip­
                                                               ient at least 10 clear days in advance of the excepted
2.     Subject to the provisions of paragraph 1 , the          date of arrival of the ship in the port of unloading.
successful tenderer shall be the one whose offer,              The successful tenderer shall have included in the
converted into units of account, is the lowest . Where         terms of the charter-party a provision stipulating that
two or more valid offers specifying identical amounts,         the ship's captain shall inform the recipient at least 72
as converted into units of account, are received by a          hours in advance of the ship's probable date of arrival
given intervention agency, the award shall be made by          in port.
 ---pagebreak--- 7 . 9 . 76                                Official Journal of the European Communities                           No L 245/7
                          Article 10                                — Levering van magere-melkpoeder als voedselhulp
                                                                         (Verordening (EEG) nr. 2184/76) 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
skimmed-milk powder in question satisfies require­                  — Levering af skummetmælkspulver som fødeva­
ments as to quality and packaging laid down in the                       rehjælp (forordning (EØF) nr. 2184/76) bestemt til
Annex .                                                                  lastning i havnen i . . .'
2. If the goods are found to satisfy those require­                                         Article 12
ments, the agency shall , before completion of the
customs formalities referred to in Article 11 ( 1 ),                 1 . Except in cases of force majeure, the tendering
provide the successful tenderer with a certificate to               security shall be released only if :
that effect .
                                                                    (a) the tender has not been accepted ;
3 . On delivery, the recipient organization shall                   (b) the tenderer :
issue a certificate proving the taking over of the goods
                                                                         — has     not  withdrawn    his  tender  before  the
stating that delivery of that quantity of skimmed-milk
powder has been taken at the stage specified in Article                      contract is awarded ,
1 (2).                                                                   — has furnished the proof, as in refunds matter,
                                                                             of the exit out of the geographical area of the
                          Article 11                                         Community.
1.      Customs export formalities shall be carried out              2.     Release of the security shall take place immedi­
in the Member State in which the award of contract is                ately.
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
goods shall , on completion of             such formalities, be
                                                                     shall decide on the measures to be taken having
                                                                     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                 The amount referred to in Article 3 (2) (c) shall be
of the control copy referred to in Article 1 of Commis­              paid only on production of the certificates provided
sion Regulation (EEC) No 2315/69 of 19 November                      for in Article 10 (2) and (3).
 1969 on the use of Community transit documents for
the purpose of applying Community measures for veri­
                                                                                            Article 15
fying the use and/or destination of goods ('), as
amended by Regulation ( 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 by the date specified in Article
Section 104 shall be completed by deleting as neces­                 1 (2).
sary and entering against the second indent one of the
following endorsements :                                             Costs incurred by reason of failure to deliver the skim­
                                                                     med-milk powder as a result of force majeure shall be
— ' Delivery of skimmed-milk powder as food aid
      (Regulation ( EEC) No 2184/76) to be shipped
                                                                     borne by the competent agency of the Member State
                                                                     in which the award of contract is made .
      from the port of ... ;
— ' Livraison de lait écrémé en poudre à titre d aide                                        Article 16
      alimentaire (règlement (CEE) n0 2184/76) destinée
      à être embarquée au port de . . . ;                            No refund or compensatory amount (whether mone­
— ' Lieferung von Magermilchpulver als Nahrungs­                     tary or accession) shall be applicable in respect of
      mittelhilfe (Verordnung ( EWG) Nr. 2184/76) zur                skimmed-milk powder supplied under this Regula­
                                                                     tion .
      Verschiffung im Hafen von . . . bestimmt' ;
— Fornitura di latte scremato in polvere a titolo di
      aiuto alimentare (regolamento (CEE) n . 2184/76)                                       Article 17
      destinata ad essere imbarcato nel porto di . . .' ;
                                                                     This Regulation shall enter into force on the day
(') OJ No L 295 , 24 . 11 . 1969 , p . 14 .                          following its publication in the Official Journal of
(2 ) OJ No L 66, 13 . 3 . 1973 , p . 23 .                            the European Communities.
 ---pagebreak--- No L 245/8                            Official Journal of the European Communities                                7. 9 . 76
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 3 September 1976.
                                                                               For the Commission
                                                                                 P. J. LARDINOIS
                                                                          Member of the Commission
                                                            ANNEX
             1 . 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 : vitamin A :           5 000 i.u . per 100 g
            II . Packing
                 (a) New bags of a net weight content of 25 kg (5 % empty bags).
                 (b) Composition :
                      — four Kraft paper bags of a strength representing at least 70 g/m 2 ;
                      — one interposed tar-lined paper bag, of a strength representing at least 140 g/ m 2 or one
                           Kraft paper bag with polyethylene layer, of a strength representing at least 70 g + 15
                          g/ m 2 ;
                      — one polyethylene inner bag at least 0-08 mm thick double bound
                 (c) The packaging of the skimmed-milk powder shall bear a red cross 10 x 10 cm , and in letters
                      at least 1 cm high shall bear the following inscription :
                      ' Leche desnatada en polvo con vitaminas 'A (5 000 u.i./ 100 gr) — Donación de las Comuni­
                      dades Europeas — Acción del Comité Internacional de la Cruz Roja — Por distribución
                      gratuita en Panama .'