CELEX: 31976R1886
Language: en
Date: 1976-07-30 00:00:00
Title: Commission Regulation (EEC) No 1886/76 of 30 July 1976 concerning the issue of an invitation to tender for the supply to the International Committee of the Red Cross for the benefit of Vietnam for use as food aid of vitaminized skimmed-milk powder to be purchased on the Community market

No L 206/74                            Official Journal of the European Communities                           31 . 7. 76
                                    COMMISSION REGULATION (EEC) No 1886/76
                                                         of 30 July 1976
               concerning the issue of an invitation to tender for the supply to the Interna­
               tional Committee of the Red Cross for the benefit of Vietnam for use as food aid
               of vitaminized skimmed-milk powder to be purchased on the Community
                                                              market
 THE COMMISSION OF THE EUROPEAN                                     ment of skimmed-milk powder invitations to tender
 COMMUNITIES,                                                      are to be issued ;
 Having regard to the Treaty establishing the European
                                                                   Whereas the procedure to be adopted for this
 Economic Community,
                                                                   tendering should in the main be the procedure used
 Having regard to Council Regulation (EEC) No                      hitherto in similar cases ;
 804/68 of 27 June 1968 on the common organization
 of the market in milk and milk products ('), as last              Whereas the measures provided for in this Regulation
 amended by Regulation (EEC) No 559/76 (2), and in                 are in accordance with the opinion of the Manage­
 particular Article 7 (5) thereof,                                 ment Committee for Milk and Milk Products,
 Having regard to Council Regulation (EEC) No
 1347/75 of 26 May 1975 laying down the general
 rules for the supply of skimmed-milk powder under                 HAS ADOPTED THIS REGULATION :
 the 1975 food-aid programme to certain developing
countries and certain international organizations (3),
and in particular Article 6 thereof,                                                      Article 1
Whereas Council Regulation (EEC) No 1348/75 of 26                   1.   Tenders shall be invited in accordance with
May 1975 on the supply of skimmed-milk powder as                   Regulations (EEC) No 1347/75, (EEC) No 1348/75
food aid to certain developing countries and interna­              and (EEC) No 1528/76 for the costs of delivering to
tional organizations under the 1975 programme ^),                  ICRC 500 metric tons of vitaminized skimmed-milk
 provides for a reserve stock of 3 800 metric tons of              powder divided up into two lots :
 skimmed-milk powder ; whereas, according to
 Council Regulation (EEC) No 1528/76 of 21 June                    — Lot A : 250 metric tons,
 1976 on the supply, as a matter of urgency, of                    — Lot B : 250 metric tons .
skimmed-milk          powder to the              International
 Committee of the Red Cross, to the United Nations                 2. Delivery shall be completed at the port of
 Commissioner for the benefit of refugees, and to the              unloading : Ho-Chi-Minh-Ville.
 United Nations Funds for Children , for the benefit of
the people of Vietnam, as food aid, pursuant to Regula­            The shipping shall take place :
tion (EEC) No 1 348/75 (5), 500 metric tons from this
reserve    shall   be    allocated    to  the    International     — as regard Lot A : 10 September 1976, at the latest.
Committee of the Red Cross (ICRC) for the benefit of
the people of Vietnam ; whereas this organization has              — as regard Lot B : after 1 and before 1 5 November
                                                                       1976.
requested the delivery of the abovementioned quantity
of vitaminized skimmed-milk powder for this destina­
tion ;                                                             3. The skimmed-milk powder shall meet the
                                                                   requirements as to quality and packaging set out in
Whereas Article 2 (2) of Council Regulation (EEC) No               the Annex to this Regulation.
 1347/75 provides that, if there is not enough
skimmed-milk powder available in public stocks with                4. The successful tenderer shall supply a further
the characteristics necessary for the particular destina­          5 % of empty bags identical to those containing the
tion where this requires, in particular, the addition of           goods. He undertakes to have these bags mentioned
vitamins, supplies shall be obtained by purchase of                on the bill of lading.
skimmed-milk powder on the Community market ;
Whereas Article 5 of Regulation (EEC) No 1347/75                                          Article 2
provides that for the purposes of the supply and ship­
                                                                   1 . The intervention agencies shall frame a notice of
(') OJ  No  L 148 , 28 . 6. 1968, p. 13.                           invitation to tender which shall be published in the
(2) OJ  No  L 67, 15. 3. 1976, p. 9.
(3) OJ  No  L 138, 29. 5. 1975, p. 1 .                             Official Journal of the European Communities not
(4) OJ  No  L 138, 29 . 5. 1975, p. 3.                             less than 10 days before the closing date for the
(5) OJ  No  L 170, 29. 6. 1976, p. 2.                              submission of tenders.
 ---pagebreak--- 31 . 7. 76                          Official Journal of the European Communities                         No L 206/75
2.     The closing date for the submission of tenders                                  Article 6
shall be 10 August 1976 at 12 noon .
                                                               1.     A tender shall be refused if the price proposed,
                                                              converted into units of account, is more than the
                         Article 3                            maximum price fixed for the lot in question .
 1 . Tenders, which shall be in writing, shall be             2.      Subject  as   provided   in  paragraph   1,  the
submitted either by delivery by hand to an interven­          successful tenderer shall be the . one whose offer,
tion agency against acknowledgement of receipt or by          converted into units of account, is the lowest. Where
registered letter addressed to an intervention agency.        two or more valid offers specifying identical amounts,
                                                              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.     Each tender shall bear only one lot.                   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
(b) the port or ports of loading, chosen from among           the contract.
     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 laid        5.     The intervention agencies shall immediately
     down in the Annex, the entire quantity of a lot          inform the Commission of the successful tenderer's
                                                              name and address .
     put out to tender.
     Such price shall be inclusive of transport insur­
                                                                                       Article 7
     ance 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 :                      of skimmed-milk powder satisfying the requirements
                                                              as to quality and packaging laid down in the Annex.
(a) it relates to the entire quantity of a lot put out to
     tender ;                                                 2.      Delivery 'port of unloading' shall be cpmpleted
(b) proof is given before expiry of the period set for        when the goods are actually deposited on the quayside
     the submission of tenders that the security referred     or on board a lighter at the port of unloading.
     to in Article 4 has been provided.
                                                              3. The recipient organization shall bear all expendi­
5.     No tender may be withdrawn.                            ture incurred after delivery, including acceptance
                                                              costs .
                         Article 4
                                                                                       Article 8
1 . The tendering security shall be 20 units of
account per metric ton of skimmed-milk powder.                Any demurrage costs at the port of unloading attribu­
                                                              table to the recipient shall be borne by it. The rates
2.     It shall take the form, at the discretion of the       and other details concerning such costs shall be laid
Member State concerned, either of a cheque made out           down in the contract between- the successful tenderer
in favour of the intervention agency, or of a bank            and the carrier and must - have been previously agreed
guarantee which satisfies the criteria fixed by the           upon by the successful tenderer acting as Community
Member State .                                                agent and the recipient's delivery 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 body of the name of
tion (EEC) No 804/68 a maximum price, expressed in            the vessel, the date of loading, the quantity, and the
units of account, shall be fixed or alternatively a deci­     quality of the goods as recorded at time of loading
sion shall be taken to make no award .                        and the port of unloading.
 ---pagebreak---    No L 206/76                           Official Journal of the European Communities                             31 . 7 . 76
   2. The successful tenderer shall inform the recip­               — Delivery of skimmed-milk powder as food aid
   ient at least 10 clear days in advance of the expected                (Regulation (EEC) No 1886/76) to be shipped
   date of arrival of the ship in the port of unloading.                 from the port of . . ;
   The successful tenderer shall have included in the
                                                                    — 'Livraison de lait écrémé en poudre à titre d aide
   terms of the charter-party a provision stipulating that               alimentaire (règlement (CEE) n0 1886/76) destinée
   the ship's captain shall inform the recipient at least 72             à être embarquée au port de . . .' ;
   hours in advance of the ship's probable date of arrival
   in port.                                                         — Lieferung von Magermilchpulver als Nahrungsmit­
                                                                         telhilfe (Verordnung (EWG) Nr. 1886/76) zur Vers­
                                                                         chiffung im Hafen von . . . bestimmt' ;
                           Article 10
                                                                   — Fornitura di latte scremato in polvere a itolo di
                                                                         aiuto alimentare (regolamento (CEE) n . 1886/76)
   1.     The competent agency of the Member State in                    destinata ad essere imbarcata del porto di . . ;
  which the contract is awarded shall check that the
  skimmed-milk powder in question satisfies require­               — Levering van magere-melkpoeder als voedselhulp
   ments as to quality and- packaging laid down in the                   (Verordening (EEG) nr. 1886/76) bestemd om te
  Annex.                                                                 worden verscheept in de haven van . . .' ;
                                                                   — Levering af skummetmælkspulver som fødeva­
  2. If the goods are found to satisfy those require-,                   rehjælp (forordning (EØF) nr. 1886/76) bestemt til
  ments, the agency shall, before completion of the                      lastning i havnen i . . .'.
  customs formalities referred to in Article 11 ( 1 ),
  provide the successful tenderer with a certificate to
  that effect.                                                                              Article 12
  3. On delivery the recipient organization shall issue             1 . Except in cases of force majeure, the tendering
  a certificate proving taking delivery of the goods,              security shall be released only if :
  stating that delivery of that quantity of skimmed-milk
  powder has been taken at the stage specified in Article          (a) the tender has not been accepted ;
   1 (2).                                                          (b) the tenderer :
                                                                       . — has     not withdrawn     his tender before    the
                           Article 11                                        contract is awarded,
                                                                         — has furnished the certificates provided for in
   1.     Customs export formalities shall be carried out                    Article 10 (2) and (3).
  in the Member State in which the award of contract is
. made .
                                                                   2. Release of the security shall take place immedi­
                                                                   ately.
  2.      If the port of loading specified in the tender is
  situated in a Member State other than that in which
                                                                   3 . In cases of force majeure, the intervention
  the customs export formalities         are carried out, the
                                                                   agency shall decide on the measures to be taken
  goods shall, on completion of          such formalities, be
                                                                   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 13
  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 1886/76) of Community transit docu­                  for in Article 10 (2) and (3).
  ments for the purpose of applying Community
  measures for verifying the use and/or destination of                                      Article 14
  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
                                                                   skimmed-milk powder as a result of force majeure
 (') OJ No L 295, 24 . 11 . 1969, p . 14.                          shall be borne by the competent agency of the
 (2 OJ No L 66, 13 . 3 . 1973 , p . 23 .                           Member State in which the award of contract is made .
 ---pagebreak--- 31 . 7. 76                      Official Journal of the European Communities                      No L 206/77
                     Article 15                                                  Article 16
No refund or compensatory amount (whether mone­
tary or accession) shall be applicable in respect of       This Regulation shall enter into force on the day
skimmed-milk powder supplied under this Regula­            following its publication in the Official Journal of
tion .                                                     the European Communities.
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 30 July 1976.
                                                                    For the Commission
                                                                      P. J. LARDINOIS
                                                                Member of the Commission
 ---pagebreak--- No L 206/78                         Official Journal of the European Communities                                 31 . 7 . 76
                                                          ANNEX
           I. Skimmed-milk powder requirements
              (a) fat content :                                    1-5 /o 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 0-1 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
                  (bb) vitamin D :                                 500 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/m2 ;
                  — 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 :
                  'Lait écrémé en poudre avec des vitamines A (5 000 u.i./ 100 gr) et D (500 u.i./ 100 gr) — Don
                  de la Communauté économique européenne — Action du Comité international de la Croix-
                  Rouge — À distribuer gratuitement.'