CELEX: 31977R0161
Language: en
Date: 1977-01-26 00:00:00
Title: Commission Regulation (EEC) No 161/77 of 26 January 1977 on the issue of an invitation to tender for the supply to Tanzania for use as food aid of vitaminized skimmed-milk powder to be bought on the Community market

No L 23/42                                 Official Journal of the European Communities                              27 . 1 . 77
                                       COMMISSION REGULATION (EEC) No 161 /77
                                                         of 26 January 1977
              on the issue of an invitation to tender for the supply to Tanzania, for use as food
              aid, of vitaminized skimmed-milk powder to be bought on the Community
                                                               market
THE COMMISSION OF THE EUROPEAN                                       Whereas the measures provided for in his 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                                               Artiele 1
particular Article 7 (5) thereof,
                                                                      1.      Tenders shall be invited in accordance with the
Having regard to Council Regulation (EEC) No                          provisions of Regulations (EEC) No 1298/76 and
 1298 /76 of 1 June 1976 laying down general rules for               ( EEC) No 2018 /76 for the costs of supplying 950
the supply of skimmed-milk powder as food aid to                      tonnes of vitaminized skimmed-milk powder to
certain developing countries and international                       Tanzania to be purchased on the Community market
organizations under the 1976 programme (3), as                        and divided as follows :
amended by Regulation ( EEC) No 2017/76 (4 ), and in
particular Article 6 thereof,                                        — Lot A : 400 tonnes,
                                                                     — Lot B : 550 tonnes .
Whereas Council Regulation ( EEC) No 2018 /76 of 27
July 1976 on the additional supply of skimmed-milk                    2.      The skimmed-milk powder shall meet :
powder as food aid to certain developing countries,
international organizations and non-governmental                      — as to quality, the requirements set out in the
organizations under the 1976 programme (3), provides                        Annex to this Regulation ,
 inter alia for 1 000 tonnes of skimmed-milk powder
to be made available to Tanzania ;                                    — as to packaging, the requirements set out in
                                                                            Annex I to Commission Regulation (EEC) No
                                                                             1108 /68 of 27 July 1968 on detailed rules for
Whereas this country has requested the delivery of                           public storage of skimmed-milk powder (6), as last
950 tonnes of skimmed-milk powder ;                                         amended by Regulation ( EEC) No 1 457/76 (7).
Whereas Regulation ( EEC) No 1298 /76 provides in                     3.      In addition the successful tenderer shall supply
Article 2 (2) that, if the amounts of skimmed-milk                    5 % empty bags identical to those containing the
powder in public stocks do not have the characteris­                  goods .
tics necessary for their particular destination where
this requires, in particular, the addition of vitamins,
supply shall be ensured by the buying-in of skimmed­                  4 . The packaging of the skimmed-milk powder
milk powder on the Community market ;                                 shall bear the following inscription in letters at least
                                                                      one centimetre high :
Whereas Article 5 of Regulation ( EEC) No 1298 /76                    'Skimmed-milk powder enriched with vitamins A and
provides that for the purpose of the supply and ship­                 D / Gift of the European Economic Community to
ment of skimmed-milk powder invitations to tender                     Tanzania / For free distribution '.
are to be issued ;
Whereas the procedure to be adopted for this                                                      Art itic 2
tendering should in the main be the procedure used
hitherto in similar cases ;
                                                                       1.      Delivery shall be effected from a port specified
                                                                      in the tender, which is accessible to ocean-going ships
(>)  OJ No L  148 , 28 . 6 . 1968 , p . 11                            and has a regular service with the recipient country.
(2 ) OJ No L  67 , 15 . 3 . 1976 , p . 9 .
(3 ) OJ No L  146, 4 . 6 . 1976 , p . 3 .
(4 ) OJ No L  224, 16 . 8 . 1976, p . 1 .                             (*>) OJ No L 184, 29 . 7 . 1968 , p . 34 .
h) OJ No L 224, 16. 8 . 1976, p. 2.                                   ( 7 ) OJ No L 145 , 6 . 6 . 1975 , p . 17 .
 ---pagebreak--- 27 . 1 . 77                         Official Journal of the European Communities                          No L 23/43
2. Delivery at the port of loading shall take place           guarantee which satisfies the criteria fixed by the
on a date fixed by the intervention agency concerned,         Member State .
which must be for :
— Lot A : after 1 and before 1 5 March 1 977,                                         Article 5
— Lot B : after 1 and before 1 5 April 1 977.
                                                               In the light of the tenders received and in accordance
3.     The time limit for the submission of tenders           with the procedure laid down in Article 30 of Regula­
shall be 8 February 1977.                                     tion (EEC) No 804/68 a maximum amount, expressed
                                                              in units of account, shall be fixed or alternatively a
                                                              decision shall be taken to make no award .
                         Article 3
                                                                                      Article 6
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               1.    A tender shall be refused if the price proposed,
                                                              converted into units of account, is more than the
less than 10 days before the closing date for the
submission of tenders .                                        maximum price fixed for the lot in question .
2. Tenders, which shall be in writing, shall be                2.    Subject   as  provided    in  paragraph   1,  the
                                                               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 receipt or by
registered letter to an intervention agency. Interven­         two or more valid offers specifying identical amounts,
tion agencies may also authorize the use of telex.             as converted into units of account, are received by a
                                                              given intervention agency, the award shall be made by
3. The tender may only be submitted to the inter­              drawing lots. Where such offers are made to different
vention agency of the Member State on whose terri­             intervention agencies, the amount shall be made by
tory the manufacture of the vitaminized skimmed­               the intervention agency selected in accordance with
milk powder and its packaging, in accordance with              the procedure referred to in Article 5 .
Article 1 (2), take place.
                                                               3.    The   intervention   agency shall    immediately
                                                               inform each tenderer whether he has been awarded
4. A tender shall be valid only if relates to the
                                                               the contract .
whole of a lot put up for tender.
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 tenderers,
(b) the port or ports of loading chosen according to           5.    The intervention agencies shall immediately
                                                               communicate to the Commission the tenderer's name
     Article 2(1 );                                            and address .
(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                                 Artie e 7
     supply, under the stipulated conditions, the entire
     quantity to which his tender relates .                     1 . The successful tenderer shall deliver at the port
                                                               designated in the tender and on the date fixed by the
     Such price shall be inclusive of transport insur­         recipient country the quantity of skimmed-milk
     ance costs to the stage for delivery.                     powder meeting the requirements as regards quality
                                                               and packaging laid down in Article 1 (2). Any sche­
6. A tender shall be valid only if the proof is given          dule for instalment deliveries shall be fixed by the
before expiry of the period set for the submission of          recipient country's agent in agreement with the
tenders that the security referred to in Article 4 has         successful tenderer.
been provided .
                                                               2. The goods shall be regarded as delivered when
7.      No tender may be withdrawn .                           they are deposited at the place of exportation at the
                                                               point designated by the recipient country or its agent.
                         Article 4
                                                                                       Article 8
 1.     The tendering and delivery security shall be 20
units of account per tonne of skimmed-milk powder.              1.   The competent agency of the Member State in
                                                               which the contract is awarded shall check that the
2.      It shall take the form , at the discretion of the      skimmed-milk powder in question satisfies the
Member State concerned, either of a cheque made out             requirements as to quality and packaging referred to
in favour of the intervention agency, or of a bank             in Article 1 ( 2).
 ---pagebreak--- No L 23/44                              Official Journal of the European Communities                               27 . 1 . 77
2.      If the goods are found to satisfy those require­          — Skummetmælkspulver               som      fødevarehjælp
ments the agency shall , as referred to in Article 1 (2),               (forordning (EØF) nr. 161 /77) bestemt til levering i
provide the successful tenderer with a certificate to                   havnen i . .
that effect .
                                                                                           Article 10
3.      Upon delivery of the goods at the port of embar­
kation , the recipient country's agent shall hand to the
successful tenderer acting as agent for the Community              1 . Except in cases of force majeure, the tendering
a letter of acceptance .                                          security and delivery shall be released only if :
                                                                  (a) the tender has not been accepted ;
This letter shall state that delivery of that quantity of
                                                                  (b) the tenderer :
skimmed-milk powder as well as the empty bags
referred to in Article 1 (3) have been taken at the stage               — has     not  withdrawn    his tender   before     the
specified in Article 2 ( 1 ).                                               contract is awarded,
                                                                        — has furnished the certificates provided for in
                                                                            Article 8 (2) and (3).
                          Article 9
                                                                   2. Release of the security shall take place immedi­
If the tender has been submitted to the intervention               ately.
agency of another Member State than that in which
the port of loading is situated the goods shall, on
                                                                                           Article 11
completion of the control referred to in Article 8 ( 1 ),
be placed under customs control with the object of
ensuring that they are delivered at the port specified             In cases of force majeure, the intervention agency
in Article 2 ( 1 ).                                                shall decide on the measures to be taken having
                                                                   regard to the circumstances invoked.
Proof of delivery to the port of loading can be
furnished only by production of the control copy                                           Article 12
referred to in Article 1 of Commission Regulation
(EEC) No 2315/69 of 19 November 1969 on the use                    The amount referred to in Article 3 (5) (c) shall be
of Community transit documents for the purpose of                  paid only on production of the certificate provided for
applying Community measures for verifying the use                  in Article 8 (2) and (3).
and/or destination of goods ('), as amended by Regula­
tion (EEC) No 690/73 (2).
                                                                                            Article 13
Sections 101 , 103 and 104 of the control copy shall be
completed.                                                         Except in cases of force majeure, the successful
                                                                   tenderer shall accept all financial liability devolving
Section 104 shall be completed by deleting as neces­               upon the Community by reason of failure to load the
sary and entering against the second indent one of the             skimmed-milk powder at the place and in due time,
 following endorsements :                                          the recipient country having enabled the delivery at
                                                                   the place and by the time appointed.
— 'Skimmed-milk powder as food aid (Regulation
     ( EEC) No 161 /77) to be delivered at the port                Costs incurred by reason of failure to deliver the skim­
      of . . .',                                                   med-milk powder as a result of force majeure shall be
— ' Lait écrémé en poudre à titre d aide alimentaire               borne by the competent agency of the Member State
                                                                   concerned .
      (règlement (CEE) n° 161 /77) destiné à être livré au
      port de . . .',
— 'Magermilchpulver            als       Nahrungsmittelhilfe                                Article 14
      (Verordnung (EWG) Nr. 161 /77) zur Lieferung
      zum Hafen von . . . bestimmt',                                No refund or compensatory amount (whether mone­
                                                                    tary or accession) shall be applicable in respect of the
— ' Latte scremato in polvere a titolo di aiuto aimen­             skimmed-milk powder supplied under this Regula­
      tare (regolamento (CEE) n . 161 /77) destinato ad             tion .
      essere consegnato nel porto di . . .',
— 'Magere-melkpoeder als voedselhulp (Verordening
      ( EEG) nr. 161 /77) bestemd om te worden geleverd                                     Article 15
      in de haven van . . '
                                                                   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
(-') OJ No L 66, 13 . 3 . 1973, p. 23 .                             the European Communities.
 ---pagebreak--- 27 . 1 . 77                           Official Journal of the European Communities                           No L 23/45
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 26 January 1977.
                                                                            For the Commission
                                                                             Finn GUNDELACH
                                                                                Vice-President
                                                          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° 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 100 g minimum
                 (bb) vitamin D :                              500 i.u . per 100 g minimum