CELEX: 31976R2358
Language: en
Date: 1976-09-29 00:00:00
Title: Commission Regulation (EEC) No 2358/76 of 29 September 1976 concerning the issue of an invitation to tender for the supply to the Republic of Zambia for use as food aid of vitaminized skimmed-milk powder to be purchased on the Community market

No L 267/24                                Official Journal of the European Communities                             30 . 9 . 76
                                     COMMISSION REGULATION (EEC) No 2358/76
                                                       of 29 September 1976
                concerning the issue of an invitation to tender for the supply to the Republic of
                Zambia for use as food aid of vitaminized skimmed-milk powder to be
                                              purchased on the Community market
THE COMMISSION OF THE EUROPEAN                                        where the procedure to be adopted for this tendering
COMMUNITIES,                                                         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
Having regard to Council Regulation (EEC) No                          ment Committee for Milk and Milk Products,
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
certain developing countries and certain international
organizations under the 1 976 programme (3), as                       Regulations (EEC) No 1298 /76, (EEC) No 1299/76
amended by Regulation (EEC) No 2017/76 (4), and in                    and (EEC) No 2021 /76 for the costs of supplying to
particular Article 6 thereof,                                         the Republic of Zambia a lot of 450 metric tons of
                                                                      vitaminized skimmed-milk powder.
Whereas Council Regulation (EEC) No 1299/76 of 1
June 1976 on the supply of skimmed-milk powder as                     2.    Delivery shall be effected cif Dar-es-Salaam .
food aid to certain developing countries and interna­
tional organizations under the 1976 programme ^)                      3.    Shipment shall take place as soon as possible
provides for a reserve stock of 3 630 metric tons of                  and not later than 15 November 1976 .
skimmed-milk powder ; whereas according to Council
Regulation (EEC) No 2021 /76 of 27 July 1976 on the                   4. The skimmed-milk powder shall meet the
emergency supply of skimmed-milk powder to the                        requirements as to quality and packaging set out in
Republic of Zambia in favour of needy persons in that                 the Annex to this Regulation .
country as food aid pursuant to Regulation (EEC) No
 1 299 /76 (6), 450 metric tons of this reserve stock shall           5 . The successful tenderers shall deliver, as a supple­
be allocated to the Republic of Zambia ; whereas this                 ment, 5 % empty bags similar to those containing the
country has requested a delivery of the abovemen­                     goods . He shall undertake to have these bags
tioned quantity of skimmed-milk powder ;                              mentioned on the bill of lading.
Whereas Article 2 (2) of Regulation (EEC) No 1298/76
provides that if there is not enough skimmed-milk                                             Article 2
powder available in public stocks with the characteris­
tics necessary for the particular destination where this               1 . The intervention agencies shall frame a notice of
requires, in particular, the addition of vitamins,                    invitation to tender which shall be published in the
supplies shall be obtained by purchase on the Commu­                   Official Journal of the European Communities not
nity market ;                                                         less than 10 days before the closing date for the
                                                                      submission of tenders.
Whereas Article 5 of Regulation (EEC) No 1298 /76
 provides that for the purpose of the supply and ship­                2.    The closing date for the submission of tenders
 ment of skimmed-milk powder invitations to tender                    shall be 12 October 1976 at 12 noon .
are to be issued ;
(') OJ   No  L  148 , 28 . 6. 1968 , p. 13 .                                                  Article 3
(2) OJ   No  L  67, 15 . 3 . 1976, p. 9 .
(3) OJ   No  L  146, 4. 6. 1976, p. 3 .                                1 . Tenders, which shall be in writing, shall be
(4) OJ   No  L  224, 16. 8 . 1976, p . 1 .
(5) OJ   No  L  146, 4. 6 . 1976, p . 5.                              submitted either by delivery by hand to an interven­
(*) OJ   No  L  224, 16 . 8 . 1976, p . 6.                            tion agency against acknowledgement of receipt or by
 ---pagebreak---   30 . 9 . 76                         Official Journal of the European Communities                         No L 267/25
  registered letter addressed to an intervention agency.        3.     The intervention      agency shall    immediately
                                                                inform each tenderer whether he has been awarded
  Intervention agencies may also authorize the use of           the contract.
  telex.
  2.     The tender shall indicate inter alia :
                                                                4.     Rights and obligations arising in connection
                                                                with the invitation to tender shall not be transferable .
  (a) the name and address of the tenderer ;
                                                                5.     The intervention agencies shall immediately
  (b) the port or ports of loading, chosen from among           inform the Commission of the successful tenderer's
       Community ports ;                                        name and address.
  (c) the price, exclusive of taxes, expressed in the
       currency of the Member State in which the tender                                  Article 7
       is presented, at which the tenderer undertakes to
       supply, in accordance with the specifications laid        1 . The successful tenderer shall deliver a quantity
       down in the Annex, the entire quantity of the lot        of skimmed-milk powder satisfying the requirements
       put out to tender.                                       as to quality and packaging laid down in the Annex.
       Such price shall be inclusive of transport insur­        2.     Delivery cif shall be completed when the goods
       ance costs to the stage referred to in Article 1 (2)     are actually taken from the hold of the ship at the
       for delivery.                                            port of unloading.
  3 . A tender shall be valid only if :                         3. The country of destination shall bear all costs
  (a) it relates to the entire quantity of the lot put out to   incurred after delivery including the unloading costs
       tender ;                                                 (such as unstowing, hoisting, acceptance) and any
  (b) proof is given before expiry of the period set for        lighter costs.
       the submission of tenders that the security referred
       to in Article 4 has been provided .                                                Article 8
  4.     No tender may be withdrawn .                           Any demurrage costs or dispatch money at the port of
                                                                 unloading shall be borne by or for the benefit of the
                            Article 4                            recipient country. The rates and other details
                                                                concerning such costs shall be laid down in the
   1 . The tendering security shall be 20 units of               contract  between    the  successful  tenderer and  the
  account per metric ton of skimmed-milk powder.                 carrier and must have been previously agreed upon by
  2.     It shall take the form, at the discretion of the        the successful tenderer acting as Community agent
                                                                 and the country of destination's agent.
  Member State concerned, either of a cheque made out
  in favour of the intervention agency, or of a bank
                                                                                          Article 9
  guarantee which satisfies the criteria fixed by the
  Member State .
                                                                 1 . The intervention agency concerned shall as soon
                                                                 as possible notify the country of destination of the
                            Article 5                            name of the vessel, the date of loading, the quantity
                                                                 and the quality of the goods as recorded at the time of
  In the light of the tenders received and in accordance
                                                                 loading and the port of unloading.
  with the procedure laid down in Article 30 of Regula­
  tion (EEC) No 804/68 a maximum price, expressed in             2. The successful tenderer shall inform the country
  units of account, shall be fixed or alternatively a deci­      of destination at least 10 clear days in advance of the
  sion shall be taken to make no award .                         expected date of arrival of the ship in the port of
                                                                 unloading. The successful tenderer shall have included
                            Article 6                            in the terms of the charter-party a provision stipu­
                                                                 lating that the ship's captain shall inform the country
   1.    A tender shall be refused if the price proposed,        of destination at least 72 hours in advance of the
  converted into units of account, is more than the              ship's probable date of arrival in port.
  maximum price fixed for the lot in question .
                                                                                         Article 10
  2. Subject as provided in paragraph 1 , the
^ successful tenderer shall be the one whose offer,              1.    The competent agency of the Member State in
  converted into units of account, is the lowest . Where         which the contract is awarded shall check that the
  two or more valid offers specifying identical amounts,         skimmed-milk powder in question satisfies require­
  as converted into units of account, are received by a          ments as to quality and packaging laid down in the
  given intervention agency, the award shall be made by          Annex .
  drawing lots. Where such offers are made to different
  intervention agencies, the award shall be made by the          2. If the goods are found to satisfy those require­
  intervention agency selected in accordance with the            ments, the agency shall, before completion of the
  procedure referred to in Article 5.                            customs formalities referred to in Article 11 ( 1 ),
 ---pagebreak--- No L 267/26                               Official Journal of the European Communities                              30 . 9 . 76
provide the successful tenderer with a certificate to                                       Article 12
that effect.
                                                                     1 . Except in cases of force majeure, the tendering
3.      On delivery the country of destination shall issue          security shall be released only if :
a certificate proving taking delivery of the goods,
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             (b) the tenderer :
1 (2).
                                                                         — has    not   withdrawn   his  tender   before     the
                                                                             contract is awarded,
                          Article 11
                                                                         — has furnished the proof, as in refunds matter,
                                                                             of the exit out of the geographical area of the
1.      Customs export formalities shall be carried out                      Community.
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
the customs export formalities            are carried out, the                              Article 13
goods shall, on completion of              such formalities, be
placed under customs control               with the object of
ensuring that they are loaded at          the port specified in      In cases of force majeure, the intervention agency
the tender.                                                          shall decide on the measures to be taken having
                                                                     regard to the circumstances invoked.
Proof of loading can be furnished only by production
of the control copy referred to in Article 1 of Commis­
sion Regulation (EEC) No 2315/69 of 19 November                                             Article 14
 1969 on the use of Community transit documents for
the prupose of applying Community measures for veri­                The amount referred to in Article 3 (2) (c) shall be
fying the use and/or destination of goods ('), as                    paid only on production of the certificates provided
amended by Regulation (EEC) No 690/73 (2).                           for in Article 10 (2) and (3).
Sections 101 , 103 and 104 of the control copy shall be
completed.                                                                                  Article 15
Section 104 shall be completed by deleting as neces­                 Except in cases of force majeure, the successful
sary and entering against the second indent one of the               tenderer shall accept all financial liability devolving
following endorsements :                                             upon the Community by reason of failure to load the
— ' Delivery of skimmed-milk powder as food aid                      skimmed-milk powder by the date specified in Article
      (Regulation (EEC) No 2358/76) to be shipped                     1 (2).
      from the port of . . .' ;
                                                                     Costs incurred by reason of failure to deliver the skim­
— ' Livraison de lait écrémé en poudre à titre d aide
                                                                     med-milk powder as a result of force majeure shall be
      alimentaire (règlement (CEE) n° 2358 /76) destinée
                                                                     borne by the competent agency of the Member State
      à être embarquée au port de . . .' ;                           in which the award of contract is made.
— 'Lieferung von Magermilchpulver als Nahrungsmit­
      telhilfe (Verordnung (EWG) Nr. 2358/76) zur Vers­
      chiffung im Hafen von . . . bestimmt' ;                                               Article 16
— 'Fornitura di latte scremato in polvere a titolo di
      aiuto alimentare (regolamento (CEE) n . 2358 /76)              No refund or compensatory amount (whether mone­
      destinata ad essere imbarcata nel porto di . . ;               tary or accession) shall be applicable in respect of
— Levering van magere-melkpoeder als voedselhulp                     skimmed-milk powder supplied under this Regula­
                                                                     tion .
      (Verordening (EEG) nr. 2358/76) bestemd om te
      worden verscheept in de haven van ..." ;
— ' Levering af skummetmælkspulver som fødeva­                                              Article 17
      rehjælp (forordning (EØF) nr. 2358/76) bestemt til
      lastning i havnen i . . .'.
                                                                     This Regulation shall enter into force on the day
(•) OJ No L 295, 24. 11 . 1969, p. 14.                               following its publication in the Official Journal of
(2 ) OJ No L 66, 13 . 3 . 1973 , p . 23 .                             the European Communities.
 ---pagebreak--- 30 . 9 . 76                    Official Journal of the European Communities                      No L 267/ 27
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 29 September 1976.
                                                                   For the Commission
                                                                     P.J. LARDINOIS
                                                               Member of the Commission
 ---pagebreak--- No L 267/28                           Official Journal of the European Communities                                30 . 9 . 76
                                                          ANNEX
           I. Skimmed-milk powder requirements
                (a)  fat content :                                 1 -5 /o 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 maximum )
                (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 1 00 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/m2 ;
                      — one interposed tar-lined paper bag, of a strength representing at least 140 g/m2 or one
                          Kraft paper bag with polyethylene layer, of a strength representing at least 70 g 4- 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 :
                      'Skimmed-milk powder, enriched with vitamins A and D / Gift of the European Economic
                      Community to the Republic of Zambia / For free distribution .'