CELEX: 31976R2073
Language: en
Date: 1976-08-20
Title: Commission Regulation (EEC) No 2073/76 of 20 August 1976 concerning the issue of an invitation to tender for the supply to the Office of the United Nations High Commissioner for Refugees for the benefit of the people of Vietnam for use as food aid of vitaminized skimmed-milk powder to be purchased on the Community market

24. 8 . 76                                Official Journal of the European Communities                          No L 233 / 5
                                      COMMISSION REGULATION (EEC) No 2073/76
                                                         of 20 August 1976
                concerning the issue of an invitation to tender for the supply to the Office of the
                United Nations High Commissioner for Refugees for the benefit of the people
                of Vietnam for use as food aid of vitaminized skimmed-milk powder to be
                                              purchased on the Community market
THE COMMISSION OF THE EUROPEAN                                       Whereas Article 5 of Regulation (EEC) No 1347/75
 COMMUNITIES,                                                        provides that for the purposes of the supply and ship­
                                                                     ment of skimmed-milk powder invitations to tender
 Having regard to the Treaty establishing the European               are to be issued ;
 Economic Community,
                                                                     Whereas the procedure to be adopted for this
 Having regard to Council Regulation ( EEC) No                       tendering should in the main be the procedure used
 804/68 of 27 June 1968 on the common organization                   hitherto in similar cases ;
of the market in milk and milk products ('), as last
amended by Regulation (EEC) No 559 /76 (2 ), and in
                                                                     Whereas the measures provided for in this Regulation
 particular Article 7 (5) thereof,
                                                                     are in accordance with the opinion of the Manage­
                                                                     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
 the 1975 food-aid programme to certain developing
countries and certain international organizations (3 ),              HAS ADOPTED THIS REGULATION :
and in particular Article 6 thereof,
Whereas Council Regulation ( EEC) No 1348/75 of 26                                           Article 1
 May 1975 on the supply of skimmed-milk powder as
 food aid to certain developing countries and interna­
 tional organizations under the 1975 programme ^),                   1.    Tenders   shall be    invited  in accordance with
 provides for a reserve stock of 3 800 metric tons of                Regulations ( EEC) No 1347/75, (EEC) No 1348 /75
skimmed-milk powder ; whereas, according to                          and (EEC) No 1528 /76 for the costs of delivering to
 Council Regulation ( EEC) No 1528 /76 of 21 June                    the UNHCR a lot of 300 metric tons of vitaminized
 1976 on the supply, as a matter of urgency, of skim­                skimmed-milk powder for Vietnam .
 med-milk powder to the International Committee of
 the Red Cross, to the United Nations Commissioner                   2.    Delivery shall be effected cif Ho-Chi-Minh-Ville .
 for the benefit of refugees, and to the United Nations
 Funds for Children, for the benefit of the people of
Vietnam, as food aid , pursuant to Regulation (EEC)                  The shipping shall take place as soon as possible and
                                                                     not later than 10 October 1976 .
 No 1348/75 (5), 300 metric tons from this reserve shall
 be allocated to the Office of the United Nations High
 Commissioner for Refugees (UNHCR) for the benefit                   3 . The skimmed-milk powder shall meet the
 of the people of Vietnam ; whereas this organization                requirements as to quality and packaging set out in
 has requested the delivery of the abovementioned                    the Annex to this Regulation .
 quantity of vitaminized skimmed-milk powder for this
 destination ;
                                                                     4. The successful tenderer shall supply a further
                                                                     5 % of empty bags identical to those containing the
Whereas Article 2 (2) of Council Regulation ( EEC) No                goods. He undertakes to have these bags mentioned
 1347/75 provides that, if there is not enough skim­                 on the bill of lading.
 med-milk powder available in public stocks with the
 characteristics necessary for the particular destination
 where this requires, in particular, the addition of vita­
 mins, supplies shall be obtained by purchase of skim­                                       /1 ft itie 2
 med-milk powder on the Community market ;
                                                                      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
(-') OJ No  L  67 , 15 . 3 . 1976, p. 9 .                            Official Journal of the European Communities not
(3 ) OJ No  L  138 , 29 . 5 . 1975, p. 1 .
(->) 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--- No L 233 6                          Official Journal of the European Communities                              24. 8 . 76
2.     The closing date for the submission of tenders                                    Article 6
shall be 7 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,
                                                               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.      The tender shall indicate inter alia :                 intervention agency selected in accordance with the
                                                               procedure referred to in Article 5.
(a) the name and address of the tenderer ;
                                                               3.     The     intervention   agency  shall immediately
(b) the port or ports of loading, chosen from among            inform each tenderer whether he has been awarded
     Community ports ;                                         the contract .
(c) the price, exclusive of taxes, expressed in the
     currency of the Member State in which the tender          4.       Rights and obligations arising in connection
                                                               with the invitation to tender shall not be transferable .
     is presented, at which the tenderer undertakes to
     supply, in accordance with the specifications laid
     down in the Annex, the entire quantity of the lot         5.      The intervention agencies shall immediately
                                                               inform the Commission of the successful tenderer's
     put out to tender.                                        name and address .
     Such price shall be inclusive of transport insur­
     ance costs to the stage referred to in Article 1 (2)
     for delivery.                                                                        Article 7
 3.     A tender shall be valid only if :                       1 . The successful tenderer shall deliver a quantity
                                                               of skimmed-milk powder satisfying the requirements
(a) it relates to the entire quantity of the lot put out to     as to quality and packaging laid down in the Annex.
     tender ;
                                                                2.      Delivery cif shall be completed when the goods
(b) proof is given before expiry of the period set for          are actually deposited on the quayside or on board a
     the submission of tenders that the security referred       lighter at the port of unloading.
     to in Article 4 has been provided.
                                                                3 . The recipient organization shall bear all expendi­
 4.     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 the time of loading
 sion shall be taken to make no award .                         and the port of unloading.
 ---pagebreak--- 24 . 8 . 76                                Official Journal of the European Communities                           No L 233/7
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 2073/76) 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 2073/76) 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 Nahrung­
                                                                         smittelhilfe (Verordnung (EWG) Nr. 2073/76) zur
                                                                         Verschiffung im Hafen von . . . bestimmt',
                           Article 10                                — Fornitura di latte scremato in polvere a titolo di
                                                                         aiuto alimentare (regolamento (CEE) n . 2073/76)
 1.     The competent agency of the Member State in                      destinata ad essere imbarcata nel porto di . .
which the contract is awarded shall check that the
                                                                     — ' Levering van magere-melkpoeder als voedselhulp
skimmed-milk powder in question satisfies require­                       (Verordening (EEG) nr. 2073/76) bestemd om te
ments as to quality and packaging laid down in the                       worden verscheept in de haven van . .
Annex .
                                                                     — Levering af skummetmælkspulver som fødeva­
2.      If the goods are found to satisfy those require­                 rehjælp (forordning (EØF) nr. 2073/76) 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               (a) the tender has not been accepted ;
powder has been taken at the stage specified in Article
 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                 The amount referred to in Article 3(2)(c) shall be
of the control copy referred to in Article 1 of Commis­              paid only on production of the certificates provided
sion Regulation ( EEC) No 2315/ 69 of 19 November                    for in Article 10 (2) and (3).
 1969 on the use of Community transit documents for
the purpose of applying Community measures for veri­
fying the use and/or destination of goods ('), as                                             Article 14
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 skim­
                                                                      med-milk powder as a result of force majeure shall be
(') O ) No L 295 , 24 . 11 . 1969 , p . 14 .                         borne by the competent agency of the Member State
(-') OJ No L 66 , 13 . 3 . 1973 , p . 23 .                           in which the award of contract is made .
 ---pagebreak--- No L 233/8                      Official Journal of the European Communities                           24. 8 . 76
                     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, 20 August 1976.
                                                                    For the Commission
                                                                      P.J. LARDINOIS
                                                                Member of the Commission
 ---pagebreak--- 24. 8 . 76                             Official Journal of the European Communities                               No L 233 / 9
                                                            ANNEX
            I. Skimmed-milk powder requirements
                (a) fat content :                                    1-5% maximum
                (b) water contant :                                  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 maximum )
                (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/m 2 ;
                     — 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, in letters at least 1 cm high, the
                     following inscription :
                     ' Lait écrémé en poudre vitamine / Don de la Communaute économique européenne a
                     l'UNHCR en faveur du peuple du Vietnam .'