CELEX: 31976R2185
Language: en
Date: 1976-09-03 00:00:00
Title: Commission Regulation (EEC) No 2185/76 of 3 September 1976 on the invitation to tender for the supply to UNICEF, for the benefit of certain third countries 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/ 9
                                     COMMISSION REGULATION ( EEC) No 2185/76
                                                      of 3 September 1976
              on the invitation to tender for the supply to UNICEF, for the benefit of certain
              third countries for use as food aid, of vitaminized skimmed-milk powder to be
                                            purchased on the Community market
THE COMMISSION OF THE EUROPEAN                                     HAS ADOPTED THIS REGULATION :
COMMUNITIES,
Having regard to the Treaty establishing the European                                       Article 1
Economic Community,
                                                                    1.     Tenders shall be invited in accordance with the
Having regard to Council Regulation (EEC) No                        provisions of Regulations (EEC) No 1298 /76 and
804/68 of 27 June 1968 on the common organization                  (EEC) No 1299/76, for the costs of delivering to
of the market in milk and milk products ('), as last                UNICEF 1 565 metric tons of vitaminized skimmed­
amended by Regulation (EEC) No 559/76 (2), and in                   milk powder divided up into the following lots :
particular Article 7 (5) thereof,                                  — for the benefit of Angola, to be delivered cif
                                                                         Luanda :
Having regard to Council Regulation (EEC) No
1298/76 of 1 June 1976 laying down general rules for                     — Lot Al : 400 metric tons,
the supply of skimmed-milk powder under the 1976                         — Lot A2 : 400 metric tons,
food-aid programme to certain developing countries                       — Lot A3 : 450 metre tons ;
and certain international organizations (3), and in parti­
cular Article 6 thereof,                                            — for the benefit of Tanzania, to be delivered cif Dar
                                                                         Es-Salaam :
Whereas Council Regulation (EEC) No 1299/76 of 1                         — Lot B : 315 metric tons .
June 1976 on the supply of skimmed-milk powder as
food aid to certain developing countries and interna­               2.     The shipping shall take place :
tional organizations under the 1976 programme ^),
provides inter alia for the supply of 40 000 metric                 — as regards Lots Al to A3 : not later than 30
tons of skimmed-milk powder to be made available to                      November 1976,
UNICEF ;                                                            — as regards Lot B : not later than 31 October 1976 .
Whereas UNICEF has made a request for the delivery                  3 . The skimmed-milk powder shall meet the
of 1 565 metric tons of vitaminized skimmed-milk
                                                                    requirements as to quality and packaging set out in
powder for various third countries ;                                the Annex to this Regulation .
Whereas Article 2 (2) of Regulation (EEC) No 1298 /76
                                                                    The packing of the skimmed-milk powder shall bear
provides that, if there is not enough skimmed-milk
                                                                    in letters at least 1 cm high , the following inscription :
powder available in public stocks with the characteris­
tics necessary for the particular destination where this            as regards Lot A :
 requires, in particular, the addition of vitamins,                 ' Leite desnatado en po / Dom da Comunidade econ­
supplies shall be obtained by purchase of skimmed­                  ómica europeia / Acção do UNICEF' ;
milk powder on the Community market ;
                                                                    as regards Lot B :
Whereas Article 5 of Regulation ( EEC) No 1298 /76
 provides that for the purposes of the supply and ship­             'Vitaminized skimmed-milk powder / Gift of the Euro­
 ment of skimmed-milk powder, invitations to tender
                                                                    pean Economic Community / Action of UNICEF'.
 are to be issued ;
                                                                    4. The successful tenderer shall supply a further
Whereas the procedure to be adopted for this                         5 % of empty bags indentical to those containing the
 tendering should in the main be the procedure used                 goods . He shall undertake to have these bags
 hitherto in similar cases ;                                         mentioned on the bill of lading.
 Whereas the measures provided for in this Regulation                                        Article 2
 are in accordance with the opinion of the Manage­
 ment Committee for Milk and Milk Products,
                                                                     1 . The intervention agencies shall draw up a notice
                                                                     of invitation to tender which shall be published in the
(')  OJ  No L 148 , 28 . 6 . 1968 , p. 13.
(-') OJ  No L 67, 15 . 3 . 1976, p . 9 .                             Official Journal of the European Communities not
(} ) OJ  No L 146, 4. 6 . 1976, p . 3 .                              less than 10 days before the closing date for the
(■») OJ  No L 146, 4 . 6 . 1976, p . 5 .                             submission of tenders .
 ---pagebreak--- No L 245/ 10                        Official Journal of the European Communities                              7. 9 . 76
2. The closing date for the submission of tenders                                        Article 6
shall be 21 September 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,
Intervention agencies may also authorize the use of           as converted into units of account, are received by a
telex .
                                                              given intervention agency, the award shall be made by
                                                              drawing lots. Where such offers are made to different
2. As regards Lots Al , A2 and A3, the successful             intervention agencies, the award shall be made by the
tenderer shall specify for how many and for which             intervention agency selected in accordance with the
lots his tender is valid. A tender for Lot B may only
relate to this lot.
                                                              procedure referred to in Article 5.
3.      The tender shall indicate inter alia :                3.       The   intervention   agency  shall  immediately
                                                              inform each tenderer whether he has been awarded
(a) the name and address of the tenderer ;                    the contract.
(b) the port or ports of loading, chosen from among
     Community ports ;                                        4.       Rights and obligations arising in connection
                                                              with the invitation to tender shall not be transferable .
(c) the price, exclusive of taxes, expressed in the
     currency of the Member State in which the tender          5.      The intervention agencies shall immediately
     is presented, at which the tenderer undertakes to         inform the Commission of the name and address of
     supply, in accordance with the specifications laid       the successful tenderer.
     down in the Annex, the entire quantity of a lot
     put out to tender.
                                                                                         Article 7
     Such price shall be inclusive of transport insur­
     ance costs to the stage referred to in Article 1 ( 1 )    1 . The successful tenderer shall deliver a quantity
     for delivery.                                            of skimmed-milk powder satisfying the requirements
                                                              as to quality and packaging laid down in the Annex to
4.      A tender shall be valid only if :                      this Regulation .
(a) it relates to the entire quantity of a lot put out to
     tender ;                                                  2.      Delivery cif shall be completed when the goods
                                                              are actually deposited on the quayside or on board a
(b) proof is given before expiry of the period set for         lighter at the port of unloading.
     the submission of 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
5.      Not tender may be withdrawn .                          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
                                                               down in the contract between the successful tenderer
Member State concerned, either of a cheque made out
in favour of the intervention agency, or of a bank             and the carrier and must have been previously agreed
guarantee which satisfies thfc, 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--- 7 . 9 . 76                              Official Journal of the European Communities                          No L 245/ 11
2. The successful tenderer shall inform the recip­                — 'Livraison de lait écrémé en poudre à titre d aide
ient at least 10 clear days^ in advance of the expected                alimentaire (règlement (CEE) n0 2185/76) destinée
date of arrival of the ship in the port of unloading.                  à être embarquée au port de . . .' ;
The successful tenderer shall have included in the
                                                                  — Lieferung von Magermilchpulver als Nahrungsmit­
terms of the charter-party a provision stipulating that                telhilfe (Verordnung (E^G) Nr. 2185/76) zur Vers­
the ship's captain shall inform the recipient at least 72              chiffung im Hafen von ... bestimmt' ;
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 . 2185/76)
                                                                       destinata ad essere imbarcata nel porto di . . .' ;
                         Article 10
                                                                  — ' Levering van magere-melkpoeder als voedselhulp
1.      The competent agency of the Member State in                    (Verordening (EEG) nr. 2185/76) bestemd om te
which the contract is awarded shall check that the                     worden verscheept in de haven van . . .' ;
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. 2185/76) bestemt til
Annex .
                                                                       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              1 . Except in cases of force majeure, the tendering
that effect.
                                                                  security shall be released only if :
3 . On delivery the recipient organization shall issue            (a) the tender has not been accepted ;
a certificate proving taking delivery of the goods,
stating that the delivery of that quantity of skimmed             (b) the tenderer :
milk has been taken at the stage specified in Article 1                — has     not  withdrawn    his  tender  before     the
(!)•                                                                       contract is awarded,
                                                                       — has furnished the proof, as in refunds matter,
                         Article 11
                                                                           of the exit out of the geographical area of the
1.      Customs export formalities shall be carried out                    Community.
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
                                                                                          Article 13
the customs export formalities           are carried out, the
goods shall, on completion of            such formalities, be
placed under customs control             with the object of        In cases of force majeure, the intervention agency
ensuring that they are loaded at        the port specified in      shall decide on the measures to be taken having
the tender.                                                        regard to the circumstances invoked .
Proof of loading can be furnished only by production
of the control copy referred to in Article 1 of Commis­                                   Article 14
sion Regulation (EEC) No 2315/69 of 19 November
 1969 on the use of Community transit documents for               The amount referred to in Article 3 (3) (c) shall be
the purpose of applying Community measures for veri­               paid only on production of the certificates provided
fying the use and/or destination of goods ('), as                  for in Article 10 (2) and (3).
amended by Regulation (EEC) No 690/73 (2).
Sections 101 , 103 and 104 of the control copy shall be                                    Article 15
completed .
                                                                   Except in cases of force majeure, the successful
Section 104 shall be completed by deleting as neces­               tenderer shall accept all financial liability devolving
sary and entering against the second indent one of the             upon the Community by reason of failure to load the
following endorsements :                                           skimmed-milk powder by the date specified in Article
— ' Delivery of skimmed-milk powder as food aid                    1 (2).
     (Regulation (EEC) No 2185/76) to be shipped
     from the port of . . .' ;                                     Costs incurred by reason of failure to deliver the skim­
                                                                   med-milk powder as a result of force majeure shall be
(') OJ No L 295, 24 . 11 . 1969, p. 14.                            borne by the competent agency of the Member State
(2) OJ No L 66, 13 . 3 . 1973 , p. 23 .                            in which the award of contract is made .
 ---pagebreak--- No L 245/ 12                           Official Journal of the European Communities                              7 . 9 . 76
                          Article 16                                                        Article 17
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, 3 September 1976.
                                                                               For the Commission
                                                                                 P. J. LARDINOIS
                                                                           Member of the Commission
                                                           ANNEX
             I. 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 0-1 g
                 (1) taste and smell :                         clean
                 (m) appearence :                              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 .