CELEX: 31976R1979
Language: en
Date: 1976-08-06 00:00:00
Title: Commission Regulation (EEC) No 1979/76 of 6 August 1976 concerning the issue of an invitation to tender for the supply, as food aid, of vitaminized skimmed-milk powder to be purchased on the Community market and addressed to the International Committee of the Red Cross for the benefit of Bolivia

No L 217 / 10                            Official Journal of the European Communities                               10 . 8 . 76
                                     COMMISSION REGULATION (EEC) No 1979/76
                                                         of 6 August 1976
              concerning the issue of an invitation to tender for the supply, as food aid, of
              vitaminized skimmed-milk powder to be purchased on the Community market
              and addressed to the International Committee of the Red Cross for the benefit
                                                             of Bolivia
THE COMMISSION OF THE EUROPEAN                                       1827/74 for the cost of supplying to ICRC a lot of
COMMUNITIES,                                                         240 metric tons of skimmed-milk powder for the
                                                                     benefit of Bolivia .
Having regard to the Treaty establishing the European
Economic Community,
Having regard to Council Regulation ( EEC) No                        Delivery shall be carried out 'to the place of destina­
804/68 of 27 June 1968 on the common organization                    tion , La Paz ( Bolivia)' via Arica (Chile).
of the market in milk and milk products ('), as last
amended by Regulation (EEC) No 559/76 (2), and in                    2. The skimmed-milk powder shall meet the
particular Articles 7 ( 5) and 28 thereof,                           requirements as to quality and packaging set out in
Having regard to Council Regulation (EEC) No                         the Annex to this Regulation .
 1826/74 of 11 July 1974 laying down the general
rules for the supply of skimmed-milk powder as food                  3.      Loading shall take place as soon as possible and
aid to certain developing countries and international                at all events by 25 September 1976.
organizations (3), and in particular Article 6 thereof,
Whereas Council Regulation ( EEC) No 1827/74 of 11
July 1974 on the supply of skimmed-milk powder as                                              Article 2
food aid to certain developing countries and interna­
tional organizations (4), provides inter alia for the
supply of 3 000 metric tons of skimmed-milk powder                   1 . The intervention agencies shall frame a notice of
to the   International       Committee of the Red Cross              invitation to tender which shall be published in the
( ICRC) ; whereas ICRC has requested the supply of                   Official Journal of the European Communities not
240 metric tons of vitaminized skimmed-milk powder                   less than 10 days before the closing date for the
for Bolivia ;                                                        submission of tenders .
Whereas Article 2 (2) of Regulation (EEC) No 1826/74
provides that if there is not enough skimmed-milk                    2. The closing date for the submission of tenders
powder available in public stocks with the characteris­              shall be 24 August 1976 at 12 noon .
tics necessary for the particular destination where this
requires, in particular, the addition of " vitamins,
supplies shall be obtained by purchase on the Commu­                                           Article 3
nity market ;
Whereas Article 5 of Regulation (EEC) No 1826/74
                                                                     1 . Tenders, which shall be in writing, shall be
provides that for the purposes of the supply and ship­
                                                                     submitted either by delivery by hand to an interven­
ment of skimmed-milk powder invitations to tender
are to be issued ;
                                                                     tion agency against acknowledgement of receipt or by
                                                                     registered letter addressed to an intervention agency.
Whereas the procedure to be adopted for this                         Intervention agencies may also authorize the use of
tendering should in the main be the procedure used                   telex .
hitherto in similar cases ;
Whereas the measures provided for in this Regulation                 2.      The tender shall indicate inter alia :
are in accordance with the opinion of the Manage­
 ment Committee for Milk and Milk Products,                          (a) the name and address of the tenderer ;
 HAS ADOPTED THIS REGULATION :                                       (b) the port or ports of loading, chosen from among
                                                                         Community ports ;
                             Article 1
 1.    Tenders   shall    be   invited      in accordance  with
                                                                     (c) the price, exclusive of taxes, expressed in the
                                                                         currency of the Member State in which the tender
 Regulations   ( EEC)       No     1826/74     and   (EEC)  No           is presented, at which the tenderer undertakes to
                                                                         supply, in accordance with the specifications laid
(!) OJ  No L  148 , 28 . 6 . 1968 , p. 13 .
(2) OJ  No L  67, 15 . 3 . 1976 , p. 9 .                                 down in the Annex, the entire quantity of skim­
(3) OJ  No L  190, 13 . 7 . 1974, p . 20 .                               med-milk powder to which the invitation to
 4  OJ  No L  190, 13 . 7 . 1974, p . 22.                                tender relates .
 ---pagebreak--- 10 . 8 . 76                          Official Journal of the European Communities                          No L 217/ 11
Such price shall be inclusive of transport insurance           tity of skimmed-milk powder as specified in the
costs to the stage of delivery stipulated in Article 1 ( 1 ).  contract awarded .
3.     A tender shall be valid only if :                       The successful tenderer shall also supply a further
(a) it relates to the entire quantity put out to tender ;       5 % of empty bags identical to those containing the
(b) proof is given before expiry of the period set for         goods. He shall undertake to have these bags
     the submission of tenders that the security referred       mentioned in the bill of lading.
     to in Article 4 has been provided .
                                                                2.     Delivery 'delivered to the place of destination'
4.      No tender may be withdrawn .                            shall be completed once the goods actually reach the
                                                                place of destination .
                          Article 4
                                                                3 . The recipient body shall bear all costs
 1 . The tendering security shall be 20 units of                subsequent to delivery including acceptance costs and
account per metric ton of skimmed-milk powder.                  costs of unloading.
2.      It shall take the form , at the discretion of the
Member State concerned , either of a cheque made out                                      Article 8
in favour of the intervention agency, or of a bank
guarantee which satisfies the criteria fixed by the             Any costs resulting from delays in taking delivery of
Member State .                                                  the goods which are attributable to the recipient body
                                                                shall be borne by that body.
                          Article 5
 In the light of the tenders received and in accordance                                   Article 9
with the procedure laid down in Article 30 of Regula­
 tion (EEC) No 804/ 68 a maximum price, expressed in             1 . The intervention agency concerned shall as soon
 units of account, shall be fixed or alternatively a deci­      as possible notify the recipient body of the name of
 sion shall be taken to make no award .                         the vessel, the date of loading, the quantity and the
                                                                quality of the goods as recorded at time at loading, the
                          Article 6                             port of unloading, the daily rate of unloading at the
                                                                port, the place of delivery and the method or methods
 1.     A tender shall be refused if the price proposed,        of transportation used for bringing the goods to the
 converted into units of account, is more than the              place of destination .
 maximum price fixed for the purposes of the invita­
 tion to tender.                                                2. .   The     successful tenderer shall inform   without
                                                                delay the recipient body of the date on which the
 2.     Subject    as  provided   in   paragraph    1,  the     goods will arrive at the port of unloading and shall in
 successful tenderer shall be the one whose offer,              any case notify the body 10 clear days in advance of
 converted into units of account, is the lowest . Where         the estimated date of arrival at the place of destina­
 two or more valid offers specifying identical amounts,         tion .
 as converted into units of account, are received by a
 given intervention agency, the award shall be made by
 drawing lots. Where such offers are made to different                                    Article 10
 intervention agencies the award shall be made by the
 intervention agency selected in accordance with the              1.   The competent agency of the Member State in
 procedure referred to in Article 5 .                            which the contract is awarded shall check that the
                                                                 skimmed-milk powder in question satisfies the
 3.     The    intervention   agency    shall  immediately
  inform each tenderer whether he has been awarded               requirements as to quality and packaging laid down in
                                                                 the Annex .
  the contract .
 4.      Rights and obligations arising in connection            2.    If the goods are found to satisfy those require­
 with the invitation to tender shall not be transferable .       ments, the agency shall , before completion of the
                                                                 customs formalities referred to in Article 11 ( 1 ),
  5.    The intervention agencies shall immediately              provide the successful tenderer with a certificate to
  inform the Commission of the name and address of               that effect .
  the successful tenderer.
                                                                 3.    On delivery of the quantity to the recipient
                           Article 7                             country in question , the recipient shall issue a certifi­
                                                                 cate stating that delivery of that quantity of skimmed­
  1.     The successful tenderer, acting in accordance           milk powder has been taken at the stage specified in
  with the provisions of Article 1 , shall deliver a quan­       Article 1 ( 1 )
 ---pagebreak--- No L 217/ 12                       Official Journal of the European Communities                              10 . 8 . 76
                       Article 11                            (a) the tender has not been accepted ;
1.    Customs export formalities shall be carried out        (b) the tenderer :
in the Member State in which the award of contract is            — has     not  withdrawn    his   tender before     the­
made .                                                               contract is awarded ,
2.    If the port of loading specified in the tender is          — has furnished the certificates provided for in
situated in a Member State other than that in which                  Article 10 (2) and (3).
the customs export formalities     are carried out, the      2. Release of the security shall take place immedi­
goods shall, on completion of      such formalities, be      ately.
placed under customs control       with the object of
ensuring that they are loaded at   the port specified in                            Article 13
the tender.
                                                             In cases of force majeure, the intervention agency
Proof of loading can be furnished only by production         shall decide on the measures to be taken having
of the control copy referred to in Article 1 of Regula­      regard to the circumstances invoked .
tion (EEC) No 2315/69 .
                                                                                    Article 14
Sections 101 , 103 and 104 of the control copy shall be
completed . Section 104 shall be completed by dele­          The amount referred to in Article 3 (2) (c) shall be
ting as necessary and entering against the second            paid only on production of the certificates provided
indent one of the following endorsements :                   for in Article 10 (2) and (3).
— ' Delivery of skimmed-milk powder as food aid
    (Regulation (EEC) No 1979/76) to be shipped                                     Article 15
    from the port of         ';
                                                             Except in cases of force majeure, the successful
— ' Livraison de lait écrémé en poudre à titre d aide        tenderer shall accept all financial liability devolving
    alimentaire (règlement (CEE) n0 1979/76) destinée        upon the Community by reason of failure to load the
    à être embarquée au port de           ';                 skimmed-milk powder by the date specified in Article
— Lieferung von Magermilchpulver als Nahrungsmit­            1 (3).
    telhilfe (Verordnung (EWG) Nr. 1979/76) zur Vers­
    chiffung im Hafen von            bestimmt' ;             Costs incurred by reason of failure to deliver the skim­
                                                             med-milk powder as a result of force majeure shall be
— Fornitura di latte scremato in polvere a titolo di         borne by the competent agency of the Member State
    aiuto alimentare (regolamento (CEE) n . 1979/76)         in which the award of contract is made .
    destinata ad essere imbarcata nel porto di        ';
— Levering van magere-n^elkpoeder als voedselhulp                                   Article 16   .
    (Verordening (EEG ) nr. 1979/76) bestemd om te
    worden verscheept in de haven van            ';          No refund or compensatory amount (whether mone­
— Levering af skummetmælkspulver som fødeva­                 tary or accession ) shall be applicable in respect of
    rehjælp (forordning ( EØF) nr. 1979/76) bestemt til      skimmed-milk powder supplied under this Regula­
                                                             tion .
    lastning i havnen i         '
                                                                                    Article 17
                       Article 12
                                                             This Regulation shall enter into force on the day
1.    Except in cases of force majeure, the tendering        following its publication in the Official Journal of
security shall be released only if :                         the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 6 August 1976.
                                                                      For the Commission
                                                                         P.J. LARDINOIS
                                                                    Member of the Commission
 ---pagebreak--- 10 . 8 . 76                            Official Journal of the European Communities                                No L 217/ 13
                                                             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% ( 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 impu­
                                                                 rities or coloured particles
                 (n ) vitamin enrichment : vitamin A :           level of enrichment : 5 000 i.u . per 100 g.
            II . Packing
                 (a) New bags of a net weight content of 2.5 kg. (A supplement of .5 % of 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 + 1.5
                           g/ m 2 ;
                       — one polyethylene inner bag at least 0-08 mm thick double bound .
                 (c) Marking to appear on the packaging :
                       The packaging shall bear a red cross 10 x 10 cm and shall have in letters at least 1 cm high ,
                       the following inscription :
                       ' Leche desnatada en polvo con vitaminas A (.5 000 u.i./ 100 g) — Donaciòn de las Comuni­
                       dades Europeas — Acciòn del Comite Internacional de la Cruz Roja — Por distribuciòn
                       gratuita.'