CELEX: 31977R0711
Language: en
Date: 1977-04-04 00:00:00
Title: Commission Regulation (EEC) No 711/77 of 4 April 1977 concerning the issue of an invitation to tender for the supply to the World Food Programme, for use as food aid, of vitaminized skimmed-milk powder to be purchased on the Community market for certain third countries

5 . 4 . 77                                    Official Journal of the European Communities                              No L 87/ 9
                                          COMMISSION REGULATION ( EEC) No 711 /77
                                                               of 4 April 1977
                 concerning the issue of an invitation to tender for the supply to the World Food
                  Programme, for use as food aid, of vitaminized skimmed-milk powder to be
                             purchased on the Community market for certain third countries
 THE COMMISSION OF THE EUROPEAN                                          Whereas the procedure to be adopted for this
 COMMUNITIES,                                                            tendering should in the main be the procedure used
                                                                          hitherto in similar cases ;
 Having regard to the Treaty establishing the European
 Economic Community,                                                     Whereas the measures provided for in this Regulation
                                                                         are in accordance with the opinion of the Manage­
                                                                          ment Committee for Milk and Milk Products ,
 Having regard to Council Regulation ( EEC) No
 804/68 of 27 June 1968 on the common organization
 of the market in milk and milk products ('), as last
 amended by Regulation ( EEC) No 559/76 (2 ), and in                      HAS ADOPTED THIS REGULATION :
 particular Article 7 (5) thereof,
 Having regard to Council Regulation ( EEC) No                                                        Article 1
 1298 /76 of 1 June 1976 laying down general rules for
 the supply of skimmed-milk powder as food aid to                         1.      Tenders shall be invited in accordance with the
 certain developing countries and international organi­                   provisions of Regulations ( EEC) No 1298 /76 and
 zations under the 1976 programme (3 ), as amended by                    ( EEC) No 2018 / 76 for the costs of supplying to the
 Regulation ( EEC) No 2017/ 76 (4 ), and in particular                    WFP       718    tonnes    of   vitaminized skimmed-milk
 Article 6 thereof,
                                                                          powder to be purchased on the Community market,
                                                                         divided into lots and for the destinations listed in
Whereas Council Regulation ( EEC) No 2018 / 76 of 27                     Annex I to this Regulation .
July 1976 on the additional supply of skimmed-milk
 powder as food aid to certain developing countries,                      2.      The skimmed-milk powder shall meet :
 international organizations and non-governmental
organizations under the 1976 programme ( s), provides                    — as to quality, the requirements set out in Annex II
 inter    alia    that     10 000      tonnes    of   skimmed-milk             to this Regulation ,
 powder should be made available to the WFP ;                            -— as to packing, the requirements set out in Annex I
                                                                               to Commission Regulation ( EEC) No 1108 /68 of
Whereas the WFP has requested the delivery of 718                              27 July 1968 on detailed rules of application for
 tonnes of vitaminized skimmed-milk powder for                                 public storage of skimmed-milk powder (h), as last
 certain third countries ;                                                     amended by Regulation ( EEC) No 1 457/75 ( 7).
                                                                         3 . The packing of the skimmed-milk powder shall
Whereas Regulation ( EEC) No 1298 /76 provides in                        bear, in letters at least one centimetre high , the rele­
Article 2 ( 2) that, if the amounts of skimmed-milk                      vant marking as listed in Annex I.
 powder in public stocks do not have the characteris­
tics necessary for their particular destination where
this requires, in particular, the addition of vitamins,                  4 . In addition the successful tenderer shall supply
supply shall be ensured by the buying-in of skimmed­
                                                                          5 % empty bags identical to those containing the
                                                                         goods .
 milk powder on the Community market ;
Whereas Article 5 of Regulation ( EEC) No 1 298 /76                                                   Artuh 2
 provides that for the purposes of the supply and ship­
 ment of skimmed-milk powder, invitations to tender
are to be issued :
                                                                          I. 'I he port of embarkation to be specified in the
                                                                         tender shall be chosen from among Community ports
                                                                         accessible for ocean-going ships having regular lines
(>)  OJ  No  1. 1 48 , 28 . 6 . ) 968 , p. 1 .V
(2)  OJ  No  I. 67 , I <!. ?. 1976, p. 9 .                               to the country of destination .
(J)  OJ  No  I. 146 , 4 . 6 . 1976 , p. ?.
(4 ) OJ  No  L  224 , 16 . 8 . 1976 , p. 1 .                             ('■) (>| No I. 1X4 ,     7 . IVf.s , p ( 4 .
(5)  OJ  No  I. 224 , 16 . 8 . 1976 , p. 2.                              (■') () | No I. I 4 S , h I         p. I 7
 ---pagebreak--- No L 87 / 10                       Official Journal of the European Communities                                 5 . 4 . 77
A tender may only indicate one port .                        2.     It shall take the form , at the discretion of the
                                                             Member State concerned, either of a cheque made out
2.    Delivery at the port of loading shall take place       in favour of the intervention agency, or of a bank
on a date fixed by the intervention agency concerned ,       guarantee which satisfies the criteria fixed by the
which shall be :
                                                             Member State .
— with respect to Lots A to C : after 10 and before 31
    May 1977,
— with respect to Lot D : after 1 and before 18 June                                  Article 5
     1977,
— with respect to Lots E to F : after 1 and before 18        In the light of the tenders received and in accordance
    July 1977 .                                              with the procedure laid down in Article 30 of Regula­
3.    The time limit for the submission of tenders           tion ( EEC) No 804/68 a maximum amount, expressed
shall be 19 April 1977 at 12 noon .                          in units of account, shall be fixed or alternatively a
                                                             decision shall be taken to make no award .
                         Article J
1.    The intervention agencies shall draw up a notice                                 Article 6
of 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             1.    A tender shall be refused if the price proposed,
submission of tenders .                                      converted into units of account , is more than the
                                                             maximum price fixed for the lot in question .
2.    Tenders, which shall be in writing, shall be
submitted either by delivery by hand to an interven­
                                                             2.     Subject    as  provided    in  paragraph      1,    the
tion agency against acknowledgment of receipt or by          successful tenderer shall be the one whose offer,
registered letter to an intervention agency. Interven­       converted into units of account , is the lowest . Where
tion agencies may also authorize the use of telex .
                                                             two or more valid offers specifying identical amounts,
3.    The tender may only be submitted to the inter­         as converted into units of account, are received by a
vention agency of the Member State on whose terri­           given intervention agency, the award shall be made by
tory the manufacture of the vitaminized skimmed­             drawing lots . Where such offers are made to different
milk powder and its packaging, in accordance with            intervention agencies, the award shall be made by the
Article 1 ( 2), take place .                                  intervention agency selected in accordance with the
                                                              procedure referred to in Article 5 .
4.    A tender shall be valid only if it relates to the
whole of a lot put up for tender.
                                                              3.    The    intervention   agency    shall    immediately
5.    A 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 of loading chosen from among ports speci­
    fied in Article 2 ( 1 );                                 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
    tenderer undertakes to supply , in accordance with        5.     The intervention agencies shall immediately
                                                             communicate        to the   Commission       the  tenderers '
    the specification laid down in the Annex , the
                                                              names and addresses .
    entire quantity to which his tender relates .
    Such price shall be inclusive of transport insur­
    ance costs to the stage referred to in Article 7 for
                                                                                       Article 7
    delivery .
6.    A tender shall be valid oiHy if proof is given          1.     The successful tenderer shall , on the date fixed
before expiry of the period set for the submission of         by the WFP, deliver at the port specified in the tender
tenders that the security referred to in Article 4 has       a quantity of skimmed-milk powder equal to the quan­
been provided .                                               tities there specified . Any schedule for instalment
7.    No tender may be withdrawn .                           deliveries shall be fixed by the WFP agent in agree­
                                                              ment with the successful tenderer .
                         Art ich 4
                                                              2.     I he goods shall be regarded as delivered when
 I.    The tendering and delivery security shall be 20        they are deposited at the place of exportation at the
units of account per tonne of skimmed-milk powder.            point designated by the WFP or its agent .
 ---pagebreak---  5 . 4 . 77                               Official Journal of the European Communities                            No L 87/ 11
                            Article 8                               — ' Levering van magere-melkpoeder als voedselhulp
                                                                        (Verordening (EEG) nr. 711 /77) bestemd om te
  1.     The competent agency of the Member State in                    worden verscheept in de haven van . .
 which the contract is awarded shall check that the
                                                                    — ' Levering af skummetmælkspulver som fødeva­
 skimmed-milk powder in question satisfies the                           rehjælp (forordning ( E0F) nr. 711 /77) bestemt til
 requirements as to quality and packaging laid down in                   lastning i havnen i . .
 Article 1 (2).
 2.      If the goods are found to satisfy those require­                                    Article 10
 ments, as mentioned in Article 1 (2), the agency shall
 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.      Upon delivery of the goods at the port of embar­           (a) the tender has not been accepted ;
 kation, the WFP agent shall hand to the successful                 (b) the tenderer :
 tenderer, acting as agent for the Community, a letter
 of acceptance . This letter shall state that delivery of               — has      not  withdrawn    his  tender   before the
 that quantity of skimmed-milk powder as well as the                         contract is awarded ,
 empty bags referred to in Article 1 (4) have been taken                — has furnished the certificates provided for in
 at the stage specified in Article 7 .                                       Article 8 (2) and (3).
                            Article 9
                                                                    2.      Release of the security shall take place immedi­
                                                                    ately .
 If the tender has been submitted to the intervention
 agency of another Member State than that in which                                          Article 11
 the port of loading is situated the goods shall , on
 completion of the control referred to in Article 8 ( 1 ),          In cases of force majeure, the intervention agency
 be placed under customs control with the object of                 shall decide on the measures to be taken having
 ensuring that they are delivered at the port specified             regard to the circumstances invoked .
 in the tender .
 Proof of loading can be furnished only by production                                        Article 12
 of the control copy referred to in Article 1 of Commis­
 sion Regulation ( EEC) No 2315/69 of 19 November                   The amount referred to in Article 3 (5) (c) shall be
 1969 on the use of Community transit documents for
                                                                    paid only on production of the certificate provided for
 the purpose of applying Community measures for veri­               in Article 8 (2) and (3).
 fying the use and /or destination of goods ('), as
 amended by Regulation ( EEC) No 690 /73 (2 ).
                                                                                            Article 13
 Sections 101 , 103 and 104 of the control copy shall be
 completed .                                                        Except in cases of force majeure, the successful
                                                                    tenderer shall accept all financial liability devolving
 Section 104 shall be completed by deleting as neces­
                                                                    upon the Community by reason of failure to load the
 sary and entering against the second indent one of the
                                                                    skimmed-milk powder at the place and in due time,
 following endorsements :
                                                                    the WFP having facilitated the delivery at the place
 — ' Delivery of skimmed-milk powder as food aid                    and by the time appointed .
      (Regulation ( EEC) No 711 /77) 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
 — ' Livraison de lait écrémé en poudre a titre d'aide
                                                                    borne by the competent agency of the Member State
      alimentaire (règlement (CEE) n° 71 1 / 77) destinée a         concerned .
      être embarquée au port de . .
— Lieferung von Magermilchpulver als Nahrungsmit­
      telhilfe (Verordnung ( EWG) Nr. 711 /77) zur Ver­                                     Article 14
      schiffung im Hafen von . . . bestimmt',
— ' Fornitura di latte scremato in polvere a titolo di              The intervention agency concerned shall pay to the
      aiuto alimentare ( regolamento (CEE) n . 711 / 77)            WFP within 30 days after acceptance of each delivery
      destinata ad essere imbarcata nel porto di . . .',            of skimmed-milk powder, a flat-rate contribution of
                                                                    80 units of account per tonne of skimmed-milk
(■) OJ No L 295 , 24 . II . 1969 , p. 14 .                          powder delivered towards the costs of transporting and
(-') OJ No I. 66, 13 . 3 . 1973 . p. 23 .                           distributing such skimmed-milk powder.
 ---pagebreak--- No L 87/ 12                                   Official Journal of the European Communities                                   5 . 4 . 77
                             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, 4 April 1977 .
                                                                                         For the Commission
                                                                                          Finn GUNDELACH
                                                                                             Vice-President
                                                                      ANNEX I
              i OM I quantity          Partial
                                                          Recipient 1
       l.ot       of lot             quantities                                                Marking on the packaging¿
                                                          countries
                (m tonnes )        ( in tonnes
        A              9 }               y i         Congo             Lut cireme en poudre enrichi de vitamines A et D / Don de la
                                                                       Communauté économique européenne / Action du programme
                                                                       alimentaire mondial / Pointe-Noire
        B              90                90          Swaziland         Skimmed-milk powder enriched with vitamins A and D / Gift of
                                                                       the European Economic Community / World Food Programme
                                                                       action / Maputo
        C           1 ! s                HO          Peru              Leche desnatada en polvo con vitaminas A y vitaminas D /
                                                                       Donación de la Comunidad económica europea / Acción programa
                                                                       mundial de alimentos / Callao
                                          H          [' cru            Leche desnatada en polvo con vitaminas A y vitaminas D /
                                                                       Donación de la Comunidad económica europea / Acción programa
                                                                       muntli.il tie alimentos / Matarani
        I)          1 80                180          Malawi            Skimmed-milk powder enriched with vitamins A and D / Gift of
                                                                       the European Economic Community / World Food Programme
                                                                       aition / Nacala
        E             40                 25          Somalia           Skimmed-milk powder enriched with vitamins A and D / Gift of
                                                                       the European Economic Community / World Food Programme
                                                                       aition / Mogadiscio
                                          I s        Somalia           Skimmed-milk powder enriched with vitamins A anil D / Gift of
                                                                       the European Economic Community / World Food Programme
                                                                       ac tion / Berbera
        F           J I pi i            200          Bolivia           Leche desnatai!,i en polvo con vitammas A y vitaminas D /
                                                                       Donación de la Comunidad económica europea / Acción programa
                                                                       mundi , il de alimentos / Arica — La Pa /
 ---pagebreak--- 5 . 4 . 77                          Official Journal of the European Communities                           No L 87/ 13
                                                       ANNEX II
                                           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 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