CELEX: 31976R2479
Language: en
Date: 1976-10-12
Title: Commission Regulation (EEC) No 2479/76 of 12 October 1976 concerning the issue of an invitation to tender for the supply to the People's Republic of Mozambique for use as food aid of vitaminized skimmed-milk powder to be purchased on the Community market

13 . 10 . 76                               Official Journal of, the European Communities                         No L 281/ 17
                                     COMMISSION REGULATION (EEC) No 2479/76
                                                         of 12 October 1976
               concerning the issue of an invitation to tender for the supply to the People's
               Republic of Mozambique for use as food aid of vitaminized skimmed-milk
                                   powder to be purchased on the Community market
THE COMMISSION OF THE EUROPEAN                                        Whereas Article 2 (2) of Regulation (EEC) No 1298/76
COMMUNITIES,                                                          provides that if there is enough skimmed-milk
                                                                      powder available in public stocks with the characteris­
                                                                      tics necessary for the particular destination where this
Having regard to the Treaty establishing the European
                                                                       requires, in particular, the addition of vitamins,
Economic Community,
                                                                      supplies shall be obtained by purchase on the Commu­
                                                                       nity market ;
Having regard to Council Regulation (EEC) No
804/68 of 27 June 1968 on the common organization                     Whereas Article 5 of Regulation (EEC) No 1298/76
of the market in milk and milk products (! ), as last                  provides that for the purpose of the supply and ship­
amended by Regulation (EEC) No 559/76 (2), and in                      ment of skimmed-milk powder invitations to tender
particular Article 7 (5) thereof,                                      are to be issued ;
Having regard to Council Regulation (EEC) No                          Whereas the procedure to be adopted for this
1298/76 of 1 June 1976 laying down general rules for                   tendering should in the main be the procedure used
the supply of skimmed-milk powder, as food aid, to                     hitherto in similar cases ;
certain developing countries and certain international
organizations under the 1976 programme (3), as
amended by Regulation (EEC) No 2017/76 (4), and in                     Whereas the measures provided for in this Regulation
particular Article 6 thereof,                                          are in accordance with the opinion of the Manage­
                                                                       ment Committee for Milk and Milk Products,
Whereas Council Regulation (EEC) No 1299/76 of 1
June 1976 on the supply of skimmed-milk powder as
food aid to certain developing countries and interna­
tional organizations under the 1976 programme ^),
                                                                       HAS ADOPTED THIS REGULATION :
provides for a reserve stock of 3 630 metric tons of
skimmed-milk powder ; whereas according to Council
Regulation (EEC) No 2023/76 of 27 July 1976 on the
emergency supply of skimmed-milk powder to the                                                Article 1
People's Republic of Mozambique in favour of needy
persons in that country as food aid pursuant to Regula­
tion (EEC) No 1 299/76 (6), 300 metric tons of this                    1.    Tenders shall be invited in accordance with
reserve stock shall be allocated to the People's Repu­                 Regulations (EEC) No 1298/76, (EEC) No 1299/76
blic of Mozambique ;                                                   and (EEC) No 2023/76, for the costs of supplying to
                                                                       the People's Republic of Mozambique a lot of 1 050
Whereas Council Regulation (EEC) No 2018 /76 of 27                     metric tons of yitaminized skimmed-milk powder
July 1976 on the additional supply of skimmed-milk                     divided into the following lots :
powder as food aid to certain developing countries,
international organizations and non-governmental                       — Lot A : 350 metric tons,
organizations under the 1976 programme (7), provides                   — Lot B : 350 metric tons,
 inter alia for 750 metric tons of skimmed-milk                        — Lot C : 350 metric tons.
powder to be made avaiilable to the People's Republic
of Mozambique ; whereas this country has requested                     2. Delivery shall be effected at the following ports
the supply of 1 050 metric tons of vitaminized skim­                   of unloading :
med-milk powder ;
                                                                       — as regards Lot A : Maputo,
(') OJ   No  L 148 , 28 . 6. 1968 , p . 13 .                           — as regards Lot B : Beira,
(2) OJ   No  L 67, 15. 3 . 1976, p. 9 .
(3) OJ   No  L 146, 4. 6. 1976, p. 3 .                                 — as regards Lot C : Nagala.
(4) OJ   No  L 224, 16 . 8 . 1976, p . 1 .
(5) OJ   No  L 146, 4. 6. 1976, p. 5 .
(6) OJ   No  L 224, 16 . 8 . 1976, p. 8 .                              3.    Loading shall take place as soon as possible and
0   OJ   No  L 224, 16. 8 . 1976, p. 2.                                not later than 20 December 1976.
 ---pagebreak---  No L 282/ 18                          Official Journal of the European Communities                             13 . 10 . 76
4.      The skimmed-millc powder shall meet :                    3.      A tender shall be valid only if :
— as to quality, the requirements set out in the                 (a) it relates to the entire quantity of a lot put out to
     Annex to this Regulation,                                        tender ;
— as to packing, the requirements set out in Annex I             (b) proof is given before expiry of the period set for
     to Commission Regulation (EEC) No 1108/68 of                     the submission of tenders that the security referred
     27 July 1968 on detailed rules of application for                to in Article 4 has been provided.
     public storage of skimmed-milk powder ( J ), as last
     amended by Regulation (EEC) No 1457/75 (2).                 4.      No tender may be withdrawn .
5. The successful tenderer shall deliver, as a supple­
ment, 5 % empty bags similar to those containing the
                                                                                           Article 4
goods. He shall undertake to have these bags
mentioned on the bill of lading.
                                                                  1 . The tendering and delivery security shall be 20
6. The packing of the skimmed-milk powder shall                  units of account per metric ton of skimmed-milk
bear a marking in letters at least one centimetre high           powder.
indicating :
                                                                 2.      It shall take the form, at the discretion of the
' Lait ecréme en poudre / enrichi en vitamines A et              Member State concerned, either of a cheque made out
 D / Don de la Communauté économique européenne                  in favour of the intervention agency, or of a bank
à la république populaire du Mozambique / à distri­              guarantee which satisfies the criteria fixed by the
buer gratuitement'.                                              Member State .
                          Article 2
                                                                                           Article 5
 1 . The intervention agencies shall frame a notice of
invitation to tender which shall be published in the             In the light of the tenders received and in accordance
 Official Journal of the European Communities not                with the procedure laid down in Article 30 of Regula­
less than 10 days before the closing date for the                tion (EEC) No 804/68 a maximum price, expressed in
submission of tenders .                                          units of account, shall be fixed or alternatively a deci­
                                                                 sion shall be taken to make no award .
2.      The closing date for the submission of tenders
shall be 26 October 1976, at 12 noon .
                                                                       '                   A rticle 6
                          Article 3
                                                                  1.     A tender shall be refused if the price proposed,
 1 . Tenders, which shall be in writing, shall be                converted into units of account, is more than the
submitted either by delivery by hand to an interven­             maximum price fixed for the lot in question .
tion agency against acknowledgement of receipt or by
registered letter addressed to an intervention agency.           2.      Subject    as  provided    in paragraph     1,   the
                                                                 successful tenderer shall be the one whose offer,
 Intervention agencies may also authorize the use of             converted into units of account, is the lowest. Where
telex .                                                          two or more valid offers specifying identical amounts,
                                                                 as converted into units of account, are received by a
2.      The tender shall indicate inter alia :                   given intervention agency, the award shall be made by
                                                                 drawing lots. Where such offers are made to' different
(a) the name and address of the tenderer ;                       intervention agencies, the award shall be made by the
(b) the port or ports of loading, chosen from among              intervention agency selected in accordance with the
     Community ports ;                                           procedure referred to in Article 5.
(c) the price, exclusive of taxes, expressed in the
     currency of the Member State in which the tender            3.      The    intervention   agency  shall  immediately
     is presented, at which the tenderer undertakes to           inform each tenderer whether he has been awarded
     supply, in accordance with the specifications, the          the contract.
     entire quantity which is the subject of his tender.
     Such price shall be inclusive of transport insur­           4.      Rights and obligations arising in connection
                                                                 with the invitation to tender shall not be transferable .
     ance costs of the stage referred to in Article 1 (2)
     for delivery.
                                                                 5.      The intervention agencies shall immediately
                                                                 inform the Commission of the successful tenderer's
(>) OJ No L 184, 29 . 7 . 1968 , p . 34.
I2) OJ No L 145, 6. 6 . 1975, p. 17.                             name and address .
 ---pagebreak---   13 . 10 . 76                      Official Journal of the European Communities                             No L 282/ 19
                          Article 7                           3 . On delivery the country of destination shall issue
                                                              a certificate proving taking delivery of the goods,
  1 . The successful tenderer shall deliver a quantity        stating that delivery of that quantity of skimmed-milk
  of skimmed-milk powder satisfying the requirements          powder as well as the empty bags referred to in Article
  as to quality and packaging referred to in Article 1 (4).    1 (5) have been taken at the stage specified in Article
                                                               1 (2).
  2. Delivery cif shall be completed when the goods
  are actually deposited on the quayside or on board a
                                                                                       Article 11
  lighter at the port of unloading.
  3 . The recipient organization shall bear all expendi­       1.     Customs export formalities shall be carried out
                                                              in the Member State in which the award of contract is
  ture incurred after delivery, including acceptance          made .
  costs .
                                                              2.      If the port of loading specified in the tender is
                                                              situated in a Member State other than that in which
                          Article 8                           the customs export formalities          are carried out, the
                                                              goods shall, on completion of           such formalities, be
  Any demurrage costs at the port of unloading attribu­       placed under customs control            with the object of
  table to the recipient shall be borne by it. The rates      ensuring that they are loaded at        the port specified in
  and other details concerning such costs shall be laid       the tender.
  down in the contract between the successful tenderer
  and the carrier and must have been previously agreed        Proof of loading can be furnished only by production
  upon by the successful tenderer acting as Community         of the control copy referred to in Article 1 of Commis­
. agent and the country of destination's agent.               sion Regulation (EEC) No 2315/69 of 19 November
                                                               1969 on the use of Community transit documents for
                                                              the purpose of applying Community measures for veri­
                          Article 9
                                                              fying the use and/or destination of goods ( ! ), as
                                                              amended by Regulation (EEC) No 690/73 (2).
  1 . The intervention agency concerned shall as soon         Sections 101 , 103 and 104 of the control copy shall be
  as possible notify the country of destination of the        completed.
  name of the vessel, the date of loading, the quantity
  and the quality of the goods as recorded at the time of
  loading and the port of unloading.                          Section 104 shall be completed by deleting as neces­
                                                              sary and entering against the second indent one of the
                                                              following endorsements :
  2. The successful tenderer shall inform the country
  of destination at least 10 clear days in advance of the     — ' Delivery of skimmed-milk powder as food aid
  expected date of arrival of the ship in the port of              (Regulation (EEC) No 2479/76) to be shipped
  unloading. The successful tenderer shall have included           from the port of . . .',
  in the terms of the charter-party a provision stipu­
  lating that the ship's captain shall inform the country     — 'Livraison de lait écrémé en poudre à titre d aide
  of destination at least 72 hours in advance of the               alimentaire (règlement (CEE) n0 2479/76 destinée
  ship's probable date of arrival in port.                         à être embarquée au port de . . .',
                                                              — Lieferung von Magermilchpulver als Nahrungsmit­
                                                                   telhilfe (Verordnung (EWG) Nr. 2479/76) zur Ver­
                         Article 10                                schiffung im Hafen von . . . bestimmt',
                                                              — Fornitura di latte scremato in polvere a titolo di
  1.      The competent agency of the Member State in              aiuto alimentare (regolamento (CEE) n . 2479/76)
  which the contract is awarded shall check that the               destinata ad essere imbarcata nel porto di . . .',
  skimmed-milk powder in question satisfies the re­           — Levering van magere-melkpoeder als voedselhulp
  quirements as to quality and packaging referred to in            (Verordening (EEG) nr. 2479/76) bestemd om te
  Article 1 (4).                                                   worden verscheept in de haven van . . .',
                                                              — 'Levering af skummetmælkspulver som fødeva­
  2. If the goods are found to satisfy those require­              rehjælp (forordning (EØF) nr. 2479/76) 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       (') OJ No L 295, 24. 11 . 1969, p . 14.
  that effect.                                                (2) OJ No L 66, 13 . 3 . 1973 , p. 23 .
 ---pagebreak--- No L 282/20                      Official Journal of the European Communities                             13 . 10 . 76
                      Article 12                                                  Article 1 }
1 . Except in cases of force majeure, the tendering         Except in cases of force majeure, the successful
and delivery security shall be released only if :           tenderer shall accept all financial liability devolving
(a) the tender has not been accepted ;                      upon the Community by reason of failure to load the
(b) the tenderer :                                          skimmed-milk powder by the date specified in Article
                                                            1 (2).
— has not withdrawn his tender before the contract
    is awarded,                                             Costs incurred by reason of failure to deliver the skim­
— has furnished the certificates provided for in            med-milk powder as a result of force majeure shall be
    Article 10 (2) and (3).                                 borne by the competent agency of the Member State
                                                            in which the award of contract is made .
2. Release of the security shall take place immedi­
ately.                                                                            Article 16
                      Article 13                            No refund or compensatory amount (whether mone­
In cases of force majeure, the intervention agency          tary or accession) shall be applicable in respect of
shall decide on the measures to be taken having             skimmed-milk powder supplied under this Regula­
                                                            tion .
regard to the circumstances invoked.
                      Article 14                                                  Article 17
The amount referred to in Article 3 (2) (c) shall be        This Regulation shall enter into force on the day
paid only on production of the certificates provided        following its publication in the Official Journal of
for in Article 10 (2) and (3).                              the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 12 October 1976 .
                                                                     For the Commission
                                                                       P.J. LARDINOIS
                                                                   Member of the Commission
 ---pagebreak--- 13 . 10 . 76                       Official Journal of the European Communities                           No L 282/21
                                                       ANNEX
             Skimmed-milk powder requirements
             (a) fat content :                                1-5 % maximum
             (b) water content :                             4 0 % maximum
             (c) total acidity in lactic acid :              015% 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 enrichment :
                 (aa) vitamin A :                            5 000 i.u . per 100 g
                 (bb) vitamin D :                            500 i.u . per 100 g