CELEX: 31977R0159
Language: en
Date: 1977-01-25 00:00:00
Title: Commission Regulation (EEC) No 159/77 of 25 January 1977 on the issue of an invitation to tender for the supply to the International Committee of the Red Cross for Lebanon, for use as food aid, of vitaminized skimmed-milk powder to be bought on the Community market

No L 23/34                                Official Journal of the European Communities                                 27 . 1 . 77
                                       COMMISSION REGULATION (EEC) No 159/77
                                                        of 25 January 1977
              on the issue of an invitation to tender for the supply to the International
              Committee of the Red Cross for Lebanon , 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 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                                            Article 1
particular Article 7 (5) thereof,
                                                                     1.     Tenders   shall be invited       in accordance with
Having regard to Council Regulation (EEC) No                        Regulations (EEC) No 1298 /76 and (EEC) No
 1298/76 of 1 June 1976 laying down general rules for               2018 /76 for the costs of supplying to the ICRC one
the supply of skimmed-milk powder as food aid to                    lot    of  400   tonnes  of vitaminized       skimmed-milk
certain developing countries and certain international              powder purchased on the Community market for
organizations under the 1976 programme (3), as                       Lebanon .
amended by Regulation (EEC) No 201 7/76 (4), and in
particular Article 6 thereof,                                       2.      Delivery shall be effected at the port of Beirut
                                                                    notwithstanding the provisions in Article 16.
Whereas Council Regulation (EEC) No 2018/76 of 27
July 1976 on the additional supply of skimmed-milk                  3.      Loading shall take place after 25 March and
powder as food aid to certain developing countries,                 before 5 April 1977.
international organizations and non-governmental
organizations under the 1976 programme ^), provides
 inter alia for 1 500 tonnes of skimmed-milk powder                 4.      The skimmed-milk powder shall meet :
to be made available to the International Committee
                                                                    — as to quality, the requirements set out in the
of the Red Cross (ICRC) ; whereas the ICRC has                           Annex to this Regulation,
requested 400 tonnes of vitaminized skimmed-milk
powder for Lebanon ;                                                — as to packing, the requirements set out in Annex I
                                                                          to Commission Regulation (EEC) No 1108/68 of
Whereas Article 2 (2) of Regulation (EEC) No 1298/76                      27 July 1968 on detailed rules of application for
provides that if there is enough skimmed-milk                             public storage of skimmed-milk powder (6), as last
powder available in public stocks with the characteris­                   amended by Regulation (EEC) No 1 457/75 (7).
tics necessary for the particular destination where this
requires, in particular the addition of vitamins,                    5.     In addition the successful tenderer shall supply
supplies shall be obtained by purchase on the Commu­                 5 % empty bags identical to those containing the
nity market ;                                                       goods. He shall undertake to have these bags
                                                                     mentioned on the bill of lading.
Whereas Article 5 of Regulation ( EEC) No 1298/76
provides that for the purpose of the supply and ship­               6 . The packing of the skimmed-milk powder shall
ment of skimmed-milk powder invitations to tender                   bear a a red cross measuring 10 cm by 10 cm and, in
are to be issued ;                                                   letters at least one centimetre high, the following
                                                                    wording :
Whereas the procedure to be adopted for this                        ' Lait écréme en poudre avec vitamines            "A" (5 000
tendering should in the main be the procedure used                   Ul/ 100 g) et " D" (500 UI/ 100 g) / Don de     la Commu­
hitherto in similar cases ;
                                                                     nauté économique européenne / Action             du comité
                                                                    international de la Croix-Rouge / Pour           distribution
(>)  OJ No L  148 , 28 . 6 . 1968 , p . 13 .                        gratuite au Liban '.
(2)  OJ No L 67, 1 5 . 3 . 1 976, p . 9 .
(3 ) OJ No L  146, 4 . 6. 1976, p . 3 .
(4 ) OJ No L 224, 16 . 8 . 1976, p . 1 .                            (6) 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--- 27. 1 . 77                         Official Journal of the European Communities                           No L 23/35
                        Article 2                                                     Article 6
1 . The intervention agencies shall frame a notice of         1.     A tender shall be refused if the price proposed,
invitation to tender which shall be published in the         converted into units of account, is more than the
Official Journal of the European Communities not             maximum price fixed for the lot in question .
less than 10 days before the closing date for the
submission of tenders .                                      2.      Subject   as  provided    in  paragraph    1,  the
                                                             successful tenderer shall be the one whose offer,
2. The closing date for the submission of tenders            converted into units of account, is the lowest. Where
shall be 8 February 1977 at 12 noon .                        two or more valid offers specifying identical amounts,
                                                             as converted into units of account, are received by a
                                                             given intervention agency, the award shall be made by
                        Article 3
                                                             drawing lots. Where such offers are made to different
                                                             intervention agencies, the award shall be made by the
1 . Tenders, which shall be in writing, shall be             intervention agency selected in accordance with the
submitted either by delivery by hand to an interven­         procedure referred to in Article 5.
tion agency against acknowledgement of receipt or by
registered letter addressed to an intervention agency.       3.      The   intervention   agency shall    immediately
                                                             inform each tenderer whether he has been awarded
2.     A tender shall be valid only if it relates to the     the contract .
entire quantity of a lot put out to tender.
3.     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 ;
                                                             5.      The intervention agencies shall immediately
(b) the port of loading, chosen from among Commu­            inform the Commission of the successful tenderer's
     nity ports ;                                             name 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                                 Article 7
     supply, in accordance with the specifications, the
     entire quantity which is the subject of his tender.      1 . The successful tenderer shall deliver a quantity
                                                             of skimmed-milk powder satisfying the requirements
     Such price shall be inclusive of transport insur­       as to quality and packaging referred to in Article 1 (4).
     ance costs of the stage referred to in Article 1 (2)
     for delivery.                                            2.     Delivery at the port of unloading shall be consid­
                                                             ered as completed when the goods are actually de­
4.     A tender shall be valid only if proof is given        posited on the quayside or on board a lighter at the
before expiry of the period set for the submission of         port of unloading.
tenders that the security referred to in Article 4 has
been provided .                                               3 . The recipient organization shall bear all expendi­
                                                             ture incurred after delivery, including acceptance
                                                             costs .
5.     No tender may be withdrawn .
                        Article 4                                                      Article 8
 1 . The tendering and delivery security shall be 20         Any demurrage costs at the port of unloading attribu­
units of account per tonne of skimmed-milk powder.            table to the recipient organization shall be borne by it.
                                                             The rate and other details concerning such costs shall
2.     It shall take the form , at the discretion of the     be laid down in the contract between the successful
Member State concerned, either of a cheque made out          tenderer and the carrier and must have been previ­
in favour of the intervention agency, or of a bank           ously agreed upon by the successful tenderer acting as
guarantee which satisfies the criteria fixed by the          Community agent and the recipient organization 's
Member State .                                               agent .
                        Article 5                                                      Article 9
In the light of the tenders received and in accordance        1 . The intervention agency concerned shall as soon
with the procedure laid down in Article 30 of Regula­        as possible notify the recipient organization of the
tion (EEC) No 804/68 a maximum price, expressed in            name of the vessel , the date of loading as well as the
units of account, shall be fixed or alternatively a deci­    quantity and the quality of the goods as recorded at
sion shall be taken to make no award .                       the time of loading.
 ---pagebreak--- No L 23 / 36                             Official Journal of the European Communities                             27 . 1 . 77
2. The successful tenderer shall inform the recip­                 — ' Livraison de lait écrémé en poudre à titre d aide
ient organization at least 10 clear days in advance of                  alimentaire (règlement (CEE) n0 159/77) destinée à
the expected date of arrival of the ship in the port of                 être embarquée au port de . .
unloading. The successful tenderer shall have included             — ' Lieferung von Magermilchpulver als Nahrungs­
in the terms of the charter-party a provision stipu­                    mittelhilfe (Verordnung (EWG) Nr. 159/77) zur
lating that the ship's captain shall inform the recip­                  Verschiffung im Hafen von . . . bestimmt',
ient organization at least 72 hours in advance of the
ship's probable date of arrival in port.                           — ' Fornitura di latte scremato in polvere a titolo di
                                                                        aiuto alimentare (regolamento (CEE) n . 159/77)
                          Article 10
                                                                        destinata ad essere imbarcata nel porto di . . .',
                                                                   — Levering van magere-melkpoeder als voedselhulp
 1.     The competent agency of the Member State in                     (Verordening (EEG) nr. 159/77) 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 requir­              — ' Levering af skummetmælkspulver som fødeva­
ements as to quality and packaging referred to in                       rehjælp (forordning (EØF) nr. 159/77) bestemt til
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
that effect.                                                        1 . Except in cases of force majeure, the tendering
                                                                   and delivery security shall be released only if :
3 . On delivery the recipient organization shall issue
a certificate proving taking delivery of the goods,                (a) the tender has not been accepted ;
stating that delivery 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
 1 (2).                                                                     contract is awarded,
                                                                        — has furnished the certificates provided for in
                          Article 11                                        Article 10 (2) and (3).
 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 .
2.      If the port of loading specified in the tender is                                  Article 13
situated in a Member State other than that in which
the customs export formalities           are carried out, the       In cases of force majeure, the intervention agency
goods shall, on completion of            such formalities, be      shall decide on the measures to be taken having
placed under customs control              with the object of       regard to the circumstances invoked .
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
sion Regulation ( EEC) No 2315/69 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).                        2. If, owing to circumstances beyond the control of
                                                                   the undertaking responsible for the delivery, the
Sections 101 , 103 and 104 of the control copy shall be            submission of the attestation of delivery referred to in
completed .                                                        Article 10 (3) is delayed, the competent agency may
                                                                   grant an advance.
Section 104 shall be completed by deleting as neces­
sary and entering against the second indent one of the             3.     Such advance may, however, not exceed 80 % of
following endorsements :                                           the sum agreed for the delivery and shall be paid only
— ' Delivery of skimmed-milk powder as food aid                    subject to the undertaking concerned lodging a secu­
     (Regulation (EEC) No 159/77) to be shipped from               rity for the skimmed-milk powder shipped in accor­
     the port of . .                                               dance with the conditions laid down in Article 1 (2) to
                                                                   (4) and having left the geographical territory of the
(!) OJ No L 295 , 24 . 11 . 1969 , p. 14 .                         Community and if the undertaking furnished a surety
(^) OJ No L 66 , 13 . 3 . 1973 , p. 23 .                           to the sum of the advance, plus 10 % .
 ---pagebreak--- 27. 1 . 77                              Official Journal of the European Communities                           No L '23/37
                           Article 15                              In this case the intervention agency shall, on submis­
                                                                   sion of supporting documents, come to an agreement
Except in cases of force majeure, the successful                   with the undertaking in charge of the delivery of an
tenderer shall accept all financial liability devolving            increase of expenses compared with those initially set.
upon the Community by reason of failure to load the
skimmed-milk powder by the date specified in Article               The intervention agency shall immediately inform the
1 (3).                                                             Commission of the new amount agreed upon .
Costs incurred by reason of failure to deliver the skim­                                   Article 17
med-milk powder as a result of force majeure shall be
                                                                   No refund or compensatory amount (whether mone­
borne by the competent agency of the Member State
in which the award of contract is made .                           tary or accession) shall be applicable in respect of
                                                                   skimmed-milk powder supplied under this Regula­
                                                                   tion .
                           Article 16
                                                                                           Article 18
If events in Lebanon make delivery to the port of
Beirut impossible, the intervention agency in question             This Regulation shall enter into force on the day
shall deliver the goods to the port of Limassol                    following its publication in the Official Journal of
(Cyprus).                                                          the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 25 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 :                015% 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 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