CELEX: 31976R2980
Language: en
Date: 1976-12-09 00:00:00
Title: Commission Regulation (EEC) No 2980/76 of 8 December 1976 concerning the issue of an invitation to tender for the supply to Somalia, for use as food aid, of vitaminized skimmed-milk powder to be purchased on the Community market

9 . 12. 76                              Official Journal of the European Communities                        No L 340/ 11
                                  COMMISSION REGULATION (EEC) No 2980/76
                                                     of 8 December 1976
               concerning the issue of an invitation to tender for the supply to Somalia, for use
               as food aid, of vitaminized skimmed-milk powder to be purchased 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 (l), as last
amended by Regulation (EEC) No 559/76 (2), and in
particular Article 7 (5) thereof,                                                          Article 1
Having regard to Council Regulation (EEC) No                       1.    Tenders shall be invited in accordance with
 1298/76 of 1 June 1976 laying down general rules for              Regulations (EEC) No 1298/76 and (EEC) No
the supply of skimmed-milk powder, as food aid, to                 2018/76 for the costs of supplying to Somalia a lot of
certain developing countries and certain international             1 000   metric   tons   of  vitaminized skimmed-milk
organizations under the 1976 programme ^), as                      powder bought on the Community market and
amended by Regulation (EEC) No 2017/76 (4), and in                 divided into two lots of 500 metric tons.
particular Article 6 thereof,
     *
                                                                   2. Delivery shall be effected at the port of
Whereas Council Regulation (EEC) No 2018/76 of 27                  unloading of Mogadishu.
July 1976 on the additional supply of skimmed-milk
powder as food aid to certain developing countries,
international organizations and non-governmental                   3.    Loading shall take place as soon as possible and
                                                                   not later than 31 March 1977 .
organizations under the 1976 programme ^) provides
 inter alia for 2 150 metric tons of skimmed-milk
 powder to be made available to Somalia ; whereas this             4.    The skimmed-milk powder shall meet :
 country has requested the supply of 1 000 metric tons
 of vitaminized skimmed-milk powder ;                              — as to quality, the requirements set out in the
                                                                       Annex to this Regulation,
Whereas Article 2 (2) of Regulation (EEC) No 1298 /76              — as to packing, the requirements set out in Annex I
 provides that if there is enough skimmed-milk                         to Commission Regulation (EEC) No 1108/68 of
 powder available in public stocks with the characteris­               27 July 1968 on detailed rules of application for
 tics necessary for the particular destination where this              public storage of skimmed-milk powder (6), as last
 requires, in particular, the addition of vitamins,                    amended by Regulation (EEC) No 1457/75 (7).
 supplies shall be obtained by purchase on the Commu­
 nity market ;
                                                                   5. The successful tenderer shall deliver, as a supple­
                                                                   ment, 5 % empty bags similar to those containing the
 Whereas Article 5 of Regulation (EEC) No 1298/76                  goods. He shall undertake to have these bags
 provides that for the purpose of the supply and ship­             mentioned on the bill of loading.
 ment of skimmed-milk powder invitations to tender
 are to be issued ;
                                                                   6. The packing of the skimmed-milk powder shall
                                                                   bear a marking in letters at least one centimetre high
 Whereas the procedure to be adopted for this                      indicating :
 tendering should in the main be the procedure used
 hitherto in similar cases ;
                                                                   'Skimmed-milk powder enriched with vitamins A and
                                                                   D / Gift of the European Economic Community / For
(1)    OJ No L 148, 28 . 6. 1968, p. 13.                           free distribution '.
(2)    OJ No L 67, 15. 3. 1976, p. 9.
(3)    OJ No L 146, 4. 6. 1976, p. 3 .
 («)   OJ No L 224, 16. 8 . 1976, p. 1 .                           (6) OJ No L 184, 29 . 7. 1968 , p. 34.
 (»)   OJ No L 224, 16. 8 . 1976, p. 2.                             7) OJ No L 145, 6. 6. 1975, p. 17.
 ---pagebreak--- No L 340/ 12                       Official Journal of the European Communities                             9 . 12. 76
                        Article 2                            tion (EEC) No 804/68 a maximum price, expressed in
                                                             units of account, shall be fixed or alternatively a deci­
1 . The intervention agencies shall frame a notice of        sion shall be taken to make no award.
invitation to tender which shall be published in the
Official Journal of the European Communities not
less than 10 days before the closing date for the                                     Article 6
submission of tenders.
2. The closing date for the submission of tenders             1.    A tender shall be refused if the price proposed,
shall be 11 January 1976 at 12 noon.                         converted into units of account, is more than the
                                                             maximum price fixed for the lot in question.
                        Article 3
                                                             2.     Subject   as   provided   in  paragraph     1,  the
1 . Tenders, which shall be in writing, shall be             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 acknowledgement of receipt or by         two or more valid offers specifying identical amounts,
registered letter addressed to an intervention agency.       as converted into units of account, are received by a
                                                             given intervention agency, the award shall be made by
Intervention agencies may also authorize the use of          drawing lots. Where such offers are made t<? different
telex.                                                        intervention agencies, the award shall be made by the
                                                              intervention agency selected in accordance with the
2. A tender is only valid if it covers the total quan­        procedure referred to in Article 5.
tity of a lot offered for tender. The tenderer shall
specify in his tender for how many lots it is valid.          3.    The    intervention agency shall immediately
                                                              inform each tenderer whether he has been awarded
3.     The tender shall indicate inter alia :
                                                              the contract.
(a) the name and address of the tenderer ;
(b) the port or ports of loading, chosen from among          4.     Rights and obligations arising in connection
     Community ports ;                                       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 successful tenderer's
     supply, in accordance with the specifications, the       name and address .
     entire quantity which is the subject of his tender.
     Such price shall be inclusive of transport insur­
     ance costs of the stage referred to in Article 1 (2)                             Article 7
     for delivery.
                                                              1 . The successful tenderer shall deliver a quantity
4. A tender shall be valid only if proof is given             of skimmed-milk powder satisfying the requirements
before expiry of the period set for the submission of         as to quality and packaging referred to in Article 1 (4).
 tenders that the security referred to in Article 4 has
been provided.
                                                              2. Delivery at the port of unloading shall be consid­
 5.    No tender may be withdrawn .                           ered as completed when the goods are actually depo­
                                                              sited on the quayside or on board a lighter at the port
                                                              of unloading.
                        Article 4
 1 . The tendering and delivery security shall be 20          3 . The country of destination shall bear all expendi­
 units of account per metric ton of skimmed-milk              ture incurred after delivery including acceptance costs.
 powder.
 2.    It shall take the form, at the discretion of the                               Article 8
 Member State concerned, either of a cheque made out
 in favour of the intervention agency, or of a bank           Any demurrage costs at the port of unloading attribu­
guarantee which satisfies the criteria fixed by the           table to the recipient country shall be borne by it. The
 Member State .
                                                              rates and other details concerning such costs shall be
                                                              laid down in the contract between the successful
                        Article 5                             tenderer and the carrier and must have been previ­
                                                              ously agreed upon by the successful tenderer acting as
 In the light of the tenders received and in accordance       Community agent and the country of destination's
 with the procedure laid down in Article 30 of Regula­        agent .
 ---pagebreak--- 9. 12. 76                             Official Journal of the European Communities                        No L 340/ 13
                          Article 9                             Section 104 shall be completed by deleting as neces­
                                                                sary and entering against the second indent one of the
 1 . The intervention agency concerned shall as soon            following endorsements :
as possible notify the country of destination of the
name of the vessel, the date of loading, the quantity           — 'Delivery of skimmed-milk powder as food aid
and the quality of the goods as recorded at the time of             (Regulation (EEC) No 2980/76) to be shipped
loading and the port of unloading.                                   from the port of . .
2. The successful tenderer shall inform the country             — 'Livraison de lait écrémé en poudre à titre d aide
of destination at least 10 clear days in advance of the              alimentaire (règlement (CEE) n0 2980/76) destinée
expected date of arrival of the ship in the port of                  à être embarquée au port de . .
unloading. The successful tenderer shall have included          — Lieferung von Magermilchpulver als Nahrungsmit­
in the terms of the charter-party a provision stipu­                 telhilfe (Verordnung (EWG) Nr. 2980/76) zur Vers­
lating that the ship's captain shall inform the country              chiffung im Hafen von . . . bestimmt',
of destination at least 72 hours in advance of the
                                                                — Fornitura di latte scremato in polvere a titolo di
ship's probable date of arrival in port.                             aiuto alimentare (regolamento (CEE) n. 2980/76)
                                                                     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. 2980/76) bestemd om te
which the contract is awarded shall check that the                   worden verscheept in de haven van . .
skimmed-milk powder in question satisfies the requir­           — Levering af skummetmælkspulver som fødeva­
ements as to quality and packaging referred to in                    rehjælp (forordning (EØF) nr. 2980/76) 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           1 . Except in cases of force majeure, the tendering
that effect.
                                                                and delivery security shall be released only if :
3. On delivery the country of destination shall issue           (a) the tender has not been accepted ;
 a certificate proving taking delivery of the goods,
 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                 contract is awarded,
 1 (2).                                                              — has furnished the certificates provided for in
                                                                         Article 10 (2) and (3).
                         Article 11
                                                                2. Release of the security shall take place immedi­
 1.     Customs export formalities shall be carried out         ately.
 in the Member State in which the award of contract is
 made .
                                                                                        Article 13
 2.     If the port of loading specified in the tender is
 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
                                                                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 14
 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 use of Community transit documents for             for in Article 10 (2) and (3).
 the purpose of applying Community measures for veri­
 fying the use and/or destination of goods ('), as                                      Article 15
 amended by Regulation (EEC) No 690/73 (2).
 Sections 101 , 103 and 104 of the control copy shall be        Except in cases of force majeure, the successful
 completed.                                                     tenderer shall accept all financial liability devolving
                                                                upon the Community by reason of failure to load the
( i ) OJ No L 295, 24. 11 . 1969, p. 14.                        skimmed-milk powder by the date specified in Article
(2 OJ No L 66, 13 . 3 . 1973, p. 23 .                            1 (3).
 ---pagebreak--- No L 340 / 14                         Official Journal of the European Communities                           9 . 12. 76
Costs incurred by reason of failure to deliver the skim­         skimmed-milk powder supplied under this Regula­
med-milk powder as a result of force majeure shall be            tion .
borne by the competent agency of the Member State
in which the award of contract is made.
                                                                                         Article 17
                          Article 16
                                                                 This Regulation shall enter into force on the day
No refund or compensatory amount (whether mone­                  following its publication in the Official Journal of
tary or accession) shall be applicable in respect of              the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 8 December 1976 .
                                                                            For the Commission
                                                                               P.J. LARDINOIS
                                                                        Member of the Commission
                                                          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° 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
                  (bb) vitamin D :                             500 i.u . per 100 g