CELEX: 31976R2498
Language: en
Date: 1976-10-13 00:00:00
Title: Commission Regulation (EEC) No 2498/76 of 13 October 1976 concerning the issue of an invitation to tender to the World Food Programme for use as food aid of vitaminized skimmed-milk powder to be purchased on the Community market for certain third countries

No L 284/ 14                            Official Journal of the European Communities                            15. 10. 76
                                    COMMISSION REGULATION (EEC) No 2498/76
                                                       of 13 October 1976
               concerning the issue of an invitation to tender to the World Food Programme
               for use as food aid of vitaminized skimmed-milk powder to be purchased on the
                                      Community market for certain third countries
THE COMMISSION OF THE EUROPEAN                                     powder available in public stocks with the characteris­
COMMUNITIES,                                                       tics necessary for the particular destination where this
                                                                   requires, in particular, the addition of vitamins,
 Having regard to the Treaty establishing the European             supplies shall be obtained by purchase on the Commu­
 Economic Community,                                               nity market ;
 Having regard to Council Regulation (EEC) No                      Whereas Article 5 of Regulation (EEC) No 1298/76
804/68 of 27 June 1968 on the common organization                  provides that for the purposes of the supply and ship­
of the market in milk and milk products ('), as last               ment of skimmed-milk powder, invitations to tender
                                                                   are to be issued ;
amended by Regulation (EEC) No 559/76 (2), and in
particular Article 7 (5) thereof,
                                                                   Whereas the procedure to be adopted for this
Having regard to Council Regulation (EEC) No                       tendering should in the main be the procedure used
                                                                   hitherto in similar cases ;
 1298 /76 of 1 June 1976 laying down general rules for
the supply of skimmed-milk powder as food aid to
certain developing countries and international organi­             Whereas the measures provided for in this Regulation
zations under the 1976 programme (3), as amended by                are in accordance with the opinion of the Manage­
Regulation (EEC) No 2017/76 (4), and in particular                 ment Committee for Milk and Milk Products,
Article 6 thereof,
Whereas Council Regulation (EEC) No 1299/76 of 1
June 1976 on the supply of skimmed-milk powder as                  HAS ADOPTED THIS REGULATION :
food aid to certain developing countries and interna­
tional organizations under the 1976 programme ^),
provides inter alia that 20 000 metric tons of skim­
med-milk powder should be made available to the                                            Article 1
World Food Programme (WFP) ;
                                                                   1.    Tenders shall be invited, in accordance with
Whereas Council Regulation (EEC) No 2018/76 of 27                  Regulations (EEC) No 1298/76, (EEC) No 1299/76
July 1976 on the additional supply of skimmed-milk                 and (EEC) No 2018/76, for the costs of supplying to
powder as food aid to certain developing countries,                the WFP 3 777 metric tons of vitaminized skimmed­
international organizations and non-governmental                   milk powder, divided into the following lots and for
organizations under the 1976 programme ^), provides                the following destinations :
 inter alia that 10 000 metric tons of skimmed-milk
powder should be made available to the WFP ;                       — Lot A : 200 metric tons for India,
                                                                   — Lot B 1 : 700 metric tons for Pakistan,
Whereas the WFP has requested the delivery of 3 777
metric tons of vitaminized skimmed-milk powder of                  — Lot B 2 : 700 metric tons for Pakistan,
which 3 128 metric tons remain to be delivered in
                                                                   — Lot B 3 : 700 metric tons for Pakistan ,
pursuance of Regulation (EEC) No 1299/76 and 649
metric tons are to be delivered in pursuance of Regula­            — Lot B 4 : 700 metric tons for Pakistan,
tion (EEC) No 2018/76 ;                                            — Lot C : 777 metric tons for Pakistan .
Whereas Article 2 (2) of Regulation (EEC) No 1298/76               2.    The skimmed-milk powder shall meet :
provides that if there is not enough skimmed-milk
                                                                   — as to quality, the requirements set out in the
(') OJ  No L  148 , 28 . 6. 1968 , p. 13,                              Annex to this Regulation,
(2) OJ  No L  67, 15 . 3 . 1976, p. 9 .
(3) OJ  No L  146, 4. 6 . 1976, p. 3 .                             — as to packing, the requirements set out in Annex I
(4) OJ  No L  224, 16 . 8 . 1976, p. 1 .
(5) OJ  No L  146, 4. 6 . 1976, p. 5 .                                 to Commission Regulation (EEC) No 1108/68 of
(6) OJ  No L  224, 16. 8 . 1976, p. 2.                                 27 July 1968 on detailed rules on application for
 ---pagebreak---    15. 10 . 76                            Official Journal of the European Communities                         No L 284/ 15
       intervention for public storage of skimmed-milk              5.     A tender shall indicate in particular :
       powder ( !), as last amended by Regulation (EEC)
       No 1 457/76 (2).                                             (a) the name and address of the tenderer ;
  3 . The intervention agency concerned shall have                  (b) the port or ports of embarkation, chosen from
  printed on the bags, in letters at least 1 cm high, the                among ports specified in Article 2 ( 1 );
  following marking :                                               (c) the price, exclusive of taxes, expressed in the
                                                                         currency of the Member State in which the
  'Skimmed-milk powder enriched with vitamins A and                      tenderer undertakes to supply, in accordance with
   D / Gift of the European Economic Community /                         the specification laid down in the Annex, the
  World Food Programme action'.                                          entire quantity subject to the tender.
  This statement shall be followed by the name of the
  port of unloading which shall be communicated by                       Such price shall be inclusive of transport insur­
  the Commission to the intervention agency                              ance costs to the stage referred to in Article 7 for
  concerned ,                                                            delivery.
  4. In addition the successful tenderer shall supply               6. A tender shall be valid only if proof is given
   5 % empty bags identical to those containing the                 before expiry of the period set for the submission of
  goods.                                                            tenders that the security referred to in Article 4 has
                                                                    been provided .
                            Article 2
                                                                    7.     No tender may be withdrawn .
   1 . The port of embarkation to be specified in the
i tender shall be chosen from among Community ports
  acessible for ocean-going ships having regular lines to                                   Article 4
: the country of destination .
i A tender may only indicate one port.                               1 . The tendering and delivery security shall be 20
                                                                    units of account per metric ton of skimmed-milk
i 2. The delivery at the port of embarkation shall                  powder.
; take place on a date fixed by the intervention agency
  concerned, which shall be after 28 November and                   2.     It shall take the form, at the discretion of the
  before 15 December 1976 .
                                                                    Member State concerned, either of a cheque made out
  3.      The time limit for the submission of tenders              in favour of the intervention agency, or of a bank
> shall be 26 October 1976 at 12 noon .                             guarantee which satisfies the criteria fixed by the
                                                                    Member State .
i                           Article 3
                                                                                            Article 5
   1 . The intervention agencies shall frame a notice of
  invitation to tender which shall be published in the
   Official Journal of the European Communities not                 In the light of the tenders received and in accordance
  less than 10 days before the closing date for the                 with the procedure laid down in Article 30 of Regula­
  submission of tenders .                                           tion (EEC) No 804/68 a miximum amount, expressed
                                                                    in units of account, shall be fixed or alternatively a
  2. Tenders, which shall be in writing, shall be                   decision shall be taken to make no award .
  submitted either by delivery by hand to an interven­
  tion agency against acknowledgement of receipt or by
  registered letter addressed to an intervention agency.                                    Article 6
  Intervention agencies may also authorize the use of
  telex .                                                            1.    A tender shall be refused if the price proposed,
                                                                    converted into units of account, is more than the
  3 . The tender may only be submitted to the inter­                maximum price fixed for the lot in question .
  vention agency of the Member State on whose terri­
  tory the manufacture of the vitaminized skimmed­
                                                                    2.     Subject   as  provided   in   paragraph    1,  the
  milk powder and its packaging, in accordance with                 successful tenderer shall be the one whose offer,
  Article 1 (2), take place.                                        converted into units of account, is the lowest. Where
  4.      A tender shall only be valid if it relates to the         two or more valid offers specifying identical amounts,
  whole of a lot put up to tender. As regards lots B 1 to           as converted into units of account, are received by a
  B 4 the tenderer shall specify for how many lots his              given intervention agency, the award shall be made by
  tender is valid .                                                 drawing lots. Where such offers are made to different
                                                                    intervention agencies, the award shall be made by the
  (') OJ No L 184, 29 . 7 . 1968 , p . 34 .                         intervention agency selected in accordance with flie
  (2) OJ No L 145, 6 . 6 . 1975, p . 17 .                           procedure referred to in Article 5 .
 ---pagebreak--- No L 284/ 16                       Official Journal of the European Communities                                 15 . 10. 76
3.    The     intervention  agency shall     immediately     Proof of loading can be furnished only by production
inform each tenderer whether he has been awarded             of the control copy referred to in Article 1 of Commis­
the contract.                                                sion Regulation (EEC) No 2315/69 of 19 November
                                                             1969 on the use of Community transit documents for
4.     Rights and obligations arising in connection          the purpose of applying Community measures for veri­
with the invitation to tender shall not be transferable .    fying the use and/or destination of goods ('), as
                                                             amended by Regulation (EEC) No 690/73 (2).
5.    The intervention agencies shall immediately            Sections 101 , 103 and 104 of the control copy shall be
communicate       to  the  Commission     the   tenderers'
names and addresses .
                                                             completed. Section 104 shall be completed by dele­
                                                             ting as necessary and entering against the second
                                                             indent one of the following endorsements :
                         Article 7                           — ' Delivery of skimmed-milk powder as food aid
                                                                   (Regulation (EEC) No 2498 /76) to be shipped
                                                                   from the port of
1 . The tenderer shall, on the date fixed by the
WFP, deliver at the port specified in the tender a           — ' Livraison de lait écrémé en poudre à titre d aide
quantity of skimmed-milk powder equal to the quan­                 alimentaire (règlement (CEE) n0 2498/76) destinée
tity there specified. Any schedule for instalment deliv­           à être embarquée au port de
eries shall be agreed between the successful tenderer        — ' Lieferung von Magermilchpulver als Nahrungsmit­
and the agent of the WFP.                                          telhilfe (Verordnung (EWG) Nr. 2498/76) zur Vers­
                                                                   chiffung im Hafen von             bestimmt',
2. The goods shall be regarded as delivered when             — 'Fornitura di latte scremato in polvere a titolo di
they are deposited at the place of exportation at the              aiuto alimentare (regolamento (CEE) n . 2498 /76)
point designated by the WFP or its agent.                          destinata ad essere imbarcata nel porto di
                                                             — 'Levering van magere-melkpoeder als voedselhulp
                                                                   (Verordening (EEG) nr. 2498 /76) bestemd om te
                         Article 8                                 worden verscheept in de haven van             ',
                                                             — ' Levering af skummetmælkspulver som fødeva­
1.    The competent agency of the Member State in                  rehjælp (forordning (EØF) nr. 2498/76) bestemt til
which the contract is awarded shall check that the                 lastning i havnen i
skimmed-milk powder in question satisfies the
requirements as to quality and packaging laid down in
Article 1 (2).                                                                         Article 10
                                                                                         «
2.     If the goods are found to satisfy those require­       1 . Except in cases of force majeure, the tendering
ments, as mentioned in Article 1 (2), the agency shall       and delivery security shall be released only if
provide the successful tenderer with a certificate to
that effect.                                                 (a) the tender has not been accepted ;
                                                             (b) the tenderer :
3 . Upon delivery of the goods at the port of embar­
kation, the WFP agent shall hand to the successful                  — has      not withdrawn     his tender before      the
tenderer, acting as agent for the Community, a letter                    contract is awarded,
of acceptance . This letter of acceptance shall state that
the quantity of skimmed-milk powder in question as                  — has furnished the certificates provided for in
                                                                         Article 8 (2) and (3).
well as the empty bags specified in Article 1 (4), have
been taken at the stage specified in Article 7.
                                                             2. Release of the security shall take place immedi­
                                                             ately.
                         Article 9
                                                                                       Article 11
If the port of loading specified in the tender is situ­
ated in a Member State other than that in which the
                                                             In cases of force majeure, the intervention agency
tender was submitted, the goods shall, on completion         shall decide on the measures to be taken having
of the control specified in Article 8 ( 1 ), be placed       regard to the circumstances invoked .
under customs control with the object of ensuring
tlfat they are delivered at the port specified in the        (') OJ No L 295, 24 . 11 . 1969 , p. 14.
tender.                                                      (2 ) OJ No L 66, 13 . 3 . 1973, p. 23 .
 ---pagebreak--- 15. 10 . 76                            Official Journal of the European Communities                          No L 284/ 17
                           Article 12                            borne by the competent agency of the Member State
                                                                 concerned .
The amount referred to in Article 3 (5) (c) shall be
paid only on production of the certificate provided for
in Article 8 (2) and (3).                                                                 Article 14
                           Article 13                            No refund or compensatory amount (whether mone­
                                                                 tary or accession) shall be applicable in respect of
Except in cases of force majeure, the successful                 skimmed-milk powder supplied under this Regula­
tenderer shall accept all financial liability devolving          tion .
upon the Community by reason of failure to load the
skimmed-milk powder at the place and in due time,
                                                                                          Article 15
the WFP having facilitated the delivery at the place
and by the time appointed.
                                                                 This Regulation shall enter into force on the day
Costs incurred by reason of failure to deliver the skim­         following its publication in the Official Journal of
med-milk powder as a result of force majeure shall be            the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 13 October 1976.
                                                                             For the Commission
                                                                               P. J. LARDINOIS
                                                                         Member of the Commission
                                                           ANNEX
                Skimmed-milk powder requirements
                (n) fat content :                                 1 -5 /o 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 ( 150 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
                      (bb) vitamin D :                            500 i.u . per 100 g