CELEX: 31977R0579
Language: en
Date: 1977-03-21 00:00:00
Title: Commission Regulation (EEC) No 579/77 of 21 March 1977 concerning the issue of an invitation to tender for the supply to the Republic of Rwanda for use as food aid, of vitaminized skimmed-milk powder to be purchased on the Community market

No L 74/ 12                               Official Journal of the European Communities                              22 . 3 . 77
                                       COMMISSION REGULATION ( EEC) No 579/77
                                                          of 21 March 1977
                concerning the issue of an invitation to tender for the supply to the Republic of
                Rwanda 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 1298 /76
 COMMUNITIES,                                                          provides that for the purpose of the supply and ship­
                                                                       ment of skimmed-milk powder invitations to tender
                                                                       are to be issued ;
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                       Whereas the procedure to be adopted for this
                                                                       tendering should in the main be the procedure used
 Having regard to Council Regulation ( EEC) No                         hitherto in similar cases ;
 804/68 of 27 June 1968 on the common organization
 of the market in milk and milk products ('), as last                  Whereas the measures provided for in this Regulation
 amended by Regulation (EEC) No 559/76 (2 ), and in                    are in accordance with the opinion of the Manage­
 particular Article 7 (5) thereof,                                     ment Committee for Milk and Milk Products,
 Having regard to Council Regulation ( EEC) No
  1298/76 of 1 June 1976 laying down general rules for
                                                                       HAS ADOPTED THIS REGULATION :
 the supply of skimmed-milk powder, as food aid , to
 certain developing countries and certain international
 organizations under the 1976 programme (3), as
 amended by Regulation (EEC) No 201 7/76 (4), and in                                            Article 1
 particular Article 6 thereof,
                                                                       1.    Tenders shall be invited in accordance with
                                                                      Regulations ( EEC) No 1298/76, (EEC) No 1299/76
Whereas Council Regulation (EEC) No 1299/76 of 1
                                                                      and (EEC) No 2018 /76 for the costs of supplying to
June 1976 on the supply of skimmed-milk powder                        the Republic of Rwanda 1 000 tonnes of vitaminized
 under the 1976 food-aid programme to certain deve­
                                                                      skimmed-milk powder bought on the Community
 loping countries and international organizations (5),                market and divided as follows :
 provides, inter alia, for the supply to the Republic of
 Rwanda of 200 tonnes of skimmed-milk powder ;
                                                                      — lot A : 500 tonnes,
Whereas Council Regulation ( EEC) No 2018 /76 of 27                   — lot B : 500 tonnes .
July 1976 on the additional supply of skimmed-milk
powder as food aid to certain developing countries,                   2.     Delivery shall be delivered destination to Kigali .
international organizations and non-governmental
organizations under the 1976 programme (6) provides,                  3.     Loading shall take place :
 inter alia, for 800 tonnes of skimmed-milk powder to
be made available to the Republic of Rwanda ;                         — lot A : as soon as possible and by 15 May 1977 at
whereas this country has requested the supply of                           the latest ,
 1 000 tonnes of vitaminized skimmed-milk powder ;
                                                                     — lot B : after the 10 and before 25 June 1977.
Whereas Article 2 (2) of Regulation (EEC) No 1298 /76
provides that if there is enough skimmed-milk                         4.     The skimmed-milk powder shall meet :
powder available in public stocks with the characteris­
tics necessary for the particular destination where this             — as to quality, the requirements set out in the
requires, in particular, the addition of vitamins,                         Annex to this Regulation ,
supplies shall be obtained by purchase on the Commu­                 — as to packing, the requirements set out in Annex I
nity market ;                                                              to Commission Regulation (EEC) No 1108 /68 of
                                                                           27 July 1968 on detailed rules of application for
(')  OJ No  L  148 , 28 . 6 . 1968 , p. 13                                 public storage of skimmed-milk powder (7), as last
(2 ) OJ No  L 67, 15 . 3 . 1976, p. 9 .
(>)  OJ No  L  146, 4. 6. 1976, p. 3 .                                     amended by Regulation (EEC) No 1457/75 (8).
(4)  OJ No  L 224, 16. 8 . 1976, p. 1 .
(s)  OJ No  L  146, 4. 6. 1976, p. 5.                                ( 7) OJ No L 184, 29 . 7. 1968 , p. 34 .
(*)  OJ No  L 224, 16. 8 . 1976, p . 2 .                             ( 8) OJ No L 145, 6 . 6 . 1975, p. 17 .
 ---pagebreak--- 22. 3 . 77                         Official Journal of the European Communities                           No L 74/ 13
5. The successful tenderer shall deliver, as a supple­        2.    It shall take the form, at the discretion of the
ment, 5 % empty bags similar to those containing the          Member State concerned, either of a cheque made out
goods. He shall undertake to have these bags                  in favour of the intervention agency, or of a bank
mentioned on the bill of loading.                             guarantee which satisfies the criteria fixed by the
                                                              Member State .
6. The packing of the skimmed-milk powder shall
bear a marking in letters at least one centimetre high
indicating :
                                                                                      Article 5
'Lait ecreme en poudre enrichi en vitamines A et D /
Don de la Communauté économique européenne à la               In the light of the tenders received and in accordance
république du Rwanda / À distribuer gratuitement.'            with the procedure laid down in Article 30 of Regula­
                                                              tion (EEC) No 804/68 a maximum price, expressed in
                        Article 2                             units of account, shall be fixed or alternatively a deci­
                                                              sion shall be taken to make no award .
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                                     Article 6
less than 10 days before the closing date for the
submission of tenders .
                                                              1.    A tender shall be refused if the price proposed,
2. The closing date for the submission of tenders             converted into units of account, is more than the
shall be 12 April 1977 at 12 noon .                           maximum price fixed for the lot in question .
                        Article 3                             2.    Subject    as  provided   in  paragraph     1,  the
                                                              successful tenderer shall be the one whose offer,
 1 . Tenders, which shall be in writing, shall be             converted into units of account, is the lowest. Where
submitted either by delivery by hand to an interven­          two or more valid offers specifying identical amounts,
tion agency against acknowledgement of receipt or by          as converted into units of account, are received by a
registered letter addressed to an intervention agency.        given intervention agency, the award shall be made by
                                                              drawing lots . Where such offers are made to different
Intervention agencies may also authorize the use of           intervention agencies, the award shall be made by the
telex.
                                                              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.
                                                              3.    The    intervention   agency shall     immediately
3.     The tender shall indicate inter alia :                 inform each tenderer whether he has been awarded
                                                              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
tenders that the security referred to in Article 4 has
                                                              as to quality and packaging referred to in Article 1 (4).
been provided.
                                                              2. Delivery 'to destination' shall be completed
5.     No tender may be withdrawn .                           when the vitaminized skimmed-milk powder has actu­
                                                              ally arrived at the destination and been unloaded.
                        Article 4
                                                              3.    The recipient country shall bear all costs
 1 . The tendering and delivery security shall be 20          incurred after delivery including the cost of taking
units of account per tonne of skimmed-milk powder.            delivery of the goods and possible transhipment costs.
 ---pagebreak--- No L 74/ 14                        Official Journal of the European Communities                              22 . 3 . 77
                        Article 8                              1969 on the use of Community transit documents for
                                                              the purpose of applying Community measures for veri­
Any expenses, resulting from delays on the part of the        fying the use and/or destination of goods (•), as
recipient country in taking over the goods, shall, on         amended by Regulation (EEC) No 690/73 (2).
presentation of the necessary proof, be paid by the
intervention agency in question, and are the responsi­        Sections 101 , 103 and 104 of the control copy shall be
bility of the Community, without prejudice to a               completed.
subsequent repayment by the recipient country.
                                                              Section 104 shall be completed by deleting as neces­
                                                              sary and entering against the second indent one of the
                        Article 9                             following endorsements :
                                                              — ' Delivery of skimmed-milk powder as food aid
1 . The intervention agency in question shall as                   (Regulation (EEC) No 579/77) to be shipped from
soon as possible inform the recipient country of the               the port of . .
date of loading, means of transport used to deliver the
goods to their destination , the quantity and quality of      — 'Livraison de lait écrémé en poudre à titre d aide
the goods as recorded on shipment, as well as the port             alimentaire (règlement (CEE) n0 579/77) destinée à
of unloading.                                                      être embarquée au port de . .
                                                              — 'Lieferung von Magermilchpulver als Nahrungsmit­
2. The successful tenderer shall inform the recip­                 telhilfe (Verordnung (EWG) Nr. 579/77 zur Vers­
ient country of the probable date of arrival of the                chiffung im Hafen von . . . bestimmt',
goods at their destination at least two clear days in
advance .                                                     — Fornitura di latte scremato in polvere a titolo di
                                                                   aiuto alimentare (regolamento (CEE) n . 579/77
                        Article 10                                 destinata ad essere imbarcata nel porto di . . .',
                                                              — Levering van magere-melkpoeder als voedselhulp
1.     The competent agency of the Member State in                 (Verordening (EEG) nr. 579/77) 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
ements as to quality and packaging referred to in             — Levering af skummetmælkspulver som fødeva­
Article 1 (4).                                                     rehjælp (forordning (EØF) nr. 579/77) bestemt til
                                                                   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,           (b) the tender :
stating that delivery of that quantity of skimmed-milk
                                                                   — has     not   withdrawn   his   tender before    the
powder as well as the empty bags referred to in Article
                                                                       contract is awarded,
1 (5) have been taken at the stage specified in Article
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
                                                              ately.
1.     Customs export formalities shall be carried out
in the Member State in which the award of contract is
                                                                                       Article 13
made .
                                                              In cases of force majeure, the intervention agency
2.     If the port of loading specified in the tender is      shall decide on the measures to be taken having
situated in a Member State other than that in which           regard to the circumstances invoked.
the customs export formalities are carried out, the
goods shall, on completion of such formalities, be                                     Article 14
placed under customs control with the object of
ensuring that they are loaded at the port specified in         1 . The amount referred to in Article 3 (3) (c) shall
the tender.
                                                              be paid only on production of the certificates
                                                              provided for in Article 10 (2) and (3).
Proof of loading can be furnished only by production
of the control copy referred to in Article 1 of Commis­       (') OJ No L 295, 24. 11 . 1969, p. 14.
sion Regulation (EEC) No 2315/69 of 19 November               (2) OJ No L 66, 13 . 3. 1973, p. 23.
 ---pagebreak--- 22 . 3 . 77                               Official Journal of the European Communities                               No L 74/ 15
2.     If, owing to circumstances beyond the control of                  upon the Community by reason of failure to load the
the undertaking responsible for the delivery, the                        skimmed-milk powder by the date specified in Article
submission of the attestation of delivery referred to in                 1 (3).
Article 10 (3) is delayed, the competent agency may,
                                                                         Costs incurred by reason of failure to deliver the skim­
on production of the supporting documents, grant and
advance .                                                                med-milk powder as a result of force majeure shall be
                                                                         borne by the competent agency of the Member State
Such an advance may, however, not exceed 80 % of                         in which the award of contract is made.
the sum agreed for the delivery and shall be paid only
subject to the undertaking concerned lodging a secu­                                             Article 16
rity for the skimmed-milk powder shipped, in accor­                      No refund or compensatory amount (whether mone­
dance with the conditions laid down in Article 1 (4),                   tary or accession) shall be applicable in respect of
(5) and (6), and having left the geographical territory                 skimmed-milk powder supplied under this Regula­
of the Community, and if the undertaking furnished a                    tion .
security for the sum of the advance, raised by 10 % .
                                                                                                 Article 17
                               Article 15
                                                                        This Regulation shall enter into force on the day
Except in cases of force majeure, the successful                        following its publication in the Offcial Journal of the
tenderer shall accept all financial liability devolving                 European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
                Done at Brussels , 21 March 1977 .
                                                                                   For the Commission
                                                                                    Finn GUNDELACH
                                                                                       Vice-President
                                                              A N .XI-: X
                                                Skimmed-milk powder requirements
               (a ) tat content :                                    1.5   /<> maximum
               (b ) water content :                                  4.0 % maximum
               (c ) total acidity in lactic acid :                   0.15 % maximum ( 18 1 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 content :
                     ( aa ) vitamin A :                              5 000 i.u . per 100 g minimum
                     ( bb) vitamin D :                               500 i u . per 100 g minimum