CELEX: 31976R0169
Language: en
Date: 1976-01-26 00:00:00
Title: Commission Regulation (EEC) No 169/76 of 26 January 1976 concerning the issue of an invitation to tender for the supply to UNICEF for use as food aid of skimmed-milk powder to be purchased on the Community market

28 . 1 . 76                                Official Journal of the European Communities                         No L 19/7
                                        COMMISSION REGULATION (EEC) No 169/76
                                                          of 26 January 1976
                concerning the issue of an invitation to tender for the supply to UNICEF for use
                as food aid of skimmed-milk powder to be purchased on the Community
                                                                market
THE COMMISSION OF THE EUROPEAN                                        Whereas the measures provided for in this Regulation
 COMMUNITIES,                                                         are in accordance with the opinion of the Manage­
                                                                      ment Committee for Milk and Milk Products,
 Having regard to the Treaty establishing the European
 Economic Community,
 Having regard to Council Regulation (EEC) No                         HAS ADOPTED THIS REGULATION :
 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 740/75 (2), and in
 particular Article 7 (5) thereof,                                                             Article 1
 Having regard to Council Regulation (EEC) No                          1.   Tenders shall be invited in accordance with
 1347/75 of 26 May 1975 laying down the general                       Regulations (EEC) No 1347/75 and (EEC) No
rules for the supply of skimmed-milk powder under                      1348 /75 for the costs of supplying to UNICEF 665
 the 1975 food-aid programme to certain developing                    metric tons of skimmed-milk powder of which :
countries and certain international organizations (3),
and in particular Article 6 thereof,                                  — 365 metric tons to be taken from the 2 910 metric
                                                                          tons set aside for UNICEF,
Whereas Council Regulation (EEC) No 1348 /75 of 26                    — 300 metric tons to be taken from the 3 800 metric
May 1975 on the supply of skimmed-milk powder                             tons reserve stock .
under the 1975 food-aid programme to certain deve­
 loping countries and certain international organiza­
tions ^), provides for the supply of 2 910 metric tons                2. This supply shall be divided up into the
of skimmed-milk powder to UNICEF and provides,                        following lots :
moreover, for a 3 800 metric tons reserve stock ;
whereas UNICEF has requested the supply of 665                        Lot A : 500 metric tons for Bangladesh, of which
metric tons of vitaminized skimmed milk of which                                250 metric tons cif Chittagong and
                                                                                250 metric tons cif Chalna ;
500 metric tons for Bangladesh and 165 metric tons
for the People's Democratic Republic of Yemen ;                       Lot B : 1 65 metric tons for the People's Democratic
                                                                               Republic of Yemen to be delivered cif Aden .
Whereas Article 2(2) of Regulation (EEC) No 1347/75
provides that if there is not enough skimmed-milk                     The shipping shall take place as soon as possible and
powder available in public stocks with the characteris­               not later than 15 March 1976 .
tics necessary for the particular destination where this
requires, in particular, the addition of vitamins,
supplies shall be obtained by purchase on the Commu­                  3 . The skimmed-milk powder shall meet the
nity market ;                                                         requirements as to quality and packaging set out in
                                                                      the Annex to this Regulation .
Whereas Article 5 of Regulation (EEC) No 1348/75
provides that for the purposes of the supply and ship­
ment of skimmed-milk powder invitations to tender                                              Article 2
are to be issued ;
                                                                      1 . The intervention agencies shall frame a notice of
Whereas the procedure to be adopted for this                          invitation to tender which shall be published in the
tendering should in the main be the procedure used                    Official Journal of the European Communities not
hitherto in similar cases ;                                           less than 10 days before the closing date for the
                                                                      submission of tenders .
(')  OJ  No  L 148 , 28 . 6 . 1968 , p . 13 .
(2 ) OJ  No  L 74, 22 . 3 . 1975, p . 1 .
(})  OJ  No  L 138 , 29 . 5 . 1975, p. 1 .                            2.    The closing date for the submission of tenders
(4 ) OJ  No  L 138 , 29, 5 . 1975, p . 3 .                            shall be 10 February 1976, at 12 noon .
 ---pagebreak---  No L 19 /8                           Official Journal of the European Communities                              28 . 1 . 76
                           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
 Intervention agencies may also authorize the use of             drawing lots. Where such offers are made to different
 telex .                                                         intervention agencies, the award shall be made by the
                                                                 intervention agency selected in accordance with the
 2.      Each tender shall bear only one lot.                    procedure referred to in Article 5.
 3.      The tender shall indicate inter alia :
                                                                 3.    The   intervention    agency shall    immediately
                                                                 inform each tenderer whether he has been awarded
(a) the name and address of the tenderer ;
                                                                 the contract.
(b) the port or ports of loading, chosen from among
     Community ports ;                                           4.    Rights and obligations arising in connection
(c) the price, exclusive of taxes, expressed in the              with the invitation to tender shall not be transferable .
     currency of the Member State in which the tender
     is presented, at which the tenderer undertakes to
     supply, in accordance with the specifications laid                                  Article 7
     down in the Annexes, the entire quantity of a lot
     put out to tender.                                           1 . The successful tenderer shall deliver a quantity
                                                                 of skimmed-milk powder satisfying the requirements
Such price shall be inclusive of transport insurance             as to quality and packaging laid down in the Annex.
costs to the stage referred to in Article 1 (2) for
delivery.                                                       The successful tenderer shall also supply a further
                                                                 5 % of empty bags identical to those containing the
4.      A tender shall be valid only if :
                                                                goods .
(a) it relates to the entire lot put out to tender ;
(b) proof is given before expiry of the period set for           2.    Delivery cif shall be completed when the goods
     the submission of tenders that the security referred       are actually deposited on the quayside or on board a
     to in Article 4 has been provided .                        lighter at the port of unloading.
5.       No tender may be withdrawn .
                                                                                         Article 8
                          Article 4                             Any demurrage costs at the port of unloading attribu­
                                                                table to the recipient shall be borne by it. The rates
 1 . The tendering security shall be 20 units of                and other details concerning such costs shall be laid
account per metric ton of skimmed-milk powder.                  down in the contract between the successful tenderer
                                                                and the carrier and must have been previously agreed
2.       It shall take the form , at the discretion of the      upon by the successful tenderer acting as Community
Member State concerned, either of a cheque made out             agent and the recipient's delivery agent.
in favour of the intervention agency, or of a bank
guarantee which satisfies the criteria fixed by the
Member State .                                                                           Article 9
                          Article 5                              1 . The intervention agency concerned shall as soon
                                                                as possible notify the recipient body of the name of
In the light of the tenders received and in accordance          the vessel, the date of loading, the quantity and the
with the procedure laid down in Article 30 of Regula­           quality of the goods as recorded at time of loading
tion (EEC) No 804/68 a maximum price, expressed in              and the port of unloading.
units of account, shall be fixed or alternatively a deci­
sion shall be taken to make no award .                          2. The successful tenderer shall inform the recip­
                                                                ient at least 10 clear days in advance of the expected
                                                                date of arrival of the ship in the port of unloading.
                          Article 6                             The successful tenderer shall have included in the
                                                                terms of the charter-party a provision stipulating that
1.     A tender shall be refused if the price proposed,         the ship's captain shall inform the recipient at least 72
converted into units of account, is more than the               hours in advance of the ship's probable date of arrival
maximum price fixed for the lot in question .                   in port.
 ---pagebreak--- 28 . 1 . 76                              Official Journal of the European Communities                           No L 19/9
                         Article 10                                — Levering van magere-melkpoeder als voedselhulp
                                                                       (Verordening (EEG) nr. 169/76) 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 require­
ments as to quality and packaging laid down in the
                                                                       rehjælp (forordning (EØF) nr. 169/76) bestemt til
Annex.                                                                 lastning i havnen i . .
2. If the goods are found to satisfy those require­                                        Article 12
ments, the agency shall, before completion of the
customs formalities referred to in Article 11(1 ),                  1.    Except in cases of force majeure, the tendering
provide the successful tenderer with a certificate to              security shall be released only if :
that effect.
                                                                   (a) the tender has not been accepted ;
3. On delivery the recipient shall issue a certificate
stating that delivery of that quantity of skimmed milk             (b) the tenderer :
has been taken at the stage specified in Article 1 (2).                — has      not  withdrawn   his  tender  before   the
                                                                            contract is awarded ,
                         Article 11                                    — has furnished the certificates provided for in
                                                                            Article 10(2) and (3).
 1.    Customs export formalities shall be carried out
in the Member State in which the award of contract is              2.     Release of the security shall take place immedi­
made .                                                             ately.
2.     If the port of loading specified in the tender is           3.     In cases of force majeure, the intervention
situated in a Member State other than that in which                agency shall decide on the measures to be taken
the customs export formalities           are carried out, the      having regard to the circumstances invoked .
goods shall, on completion of            such formalities, be
placed under customs control              with the object of                               Article 13
ensuring that they are loaded at         the port specified in
the tender.
                                                                   The amount referred to in Article 3 (3) (c) shall be
Proof of loading can be furnished only by production               paid only on production of the certificates provided
of the control copy referred to in Article 1 of Commis­            for in Article 10(2) and (3).
sion Regulation (EEC) No 2315/69 of 19 November
 1969 on the use of Community transit documents for                                        Article 14
the purpose of applying Community measures for veri­
fying the use and/or destination of goods ('), as
                                                                   Except in cases of force majeure, the successful
amended by Regulation (EEC) No 690/73 (2).
                                                                   tenderer shall accept all financial liability devolving
Sections 101 , 103 and 104 of the control copy shall be            upon the Community by reason of failure to load the
completed .                                                        skimmed-milk powder by the date specified in Article
                                                                    1(4).
Section 104 shall be completed by deleting as neces­
sary and entering against the second indent one of the             Costs incurred by reason of failure to deliver the skim­
following endorsements :                                         - med-milk powder as a result of force majeure shall be
                                                                   borne by the competent agency of the Member State
— 'delivery of skimmed-milk powder as food aid                     in which the award of contract is made .
     (Regulation (EEC) No 169/76 to be shipped from
     the port of . . ;
                                                                                           Article 15
— ' Livraison de lait écrémé en poudre à titre d aide
     alimentaire (règlement (CEE) n0 169/76 destinée à
     être embarquée au port de . . .' ;                            No refund or compensatory amount (whether mone­
                                                                   tary or accession) shall be applicable in respect of
— ' Lieferung von Magermilchpulver als Nahrungsmit­                skimmed-milk powder supplied under this Regula­
     telhilfe (Verordnung ( EWG) Nr. 169/76 zur Vers­              tion .
     chiffung im Hafen von . . . bestimmt' ;
— ' Fornitura di latte scremato in polvere a titolo di
     aiuto alimentare (regolamento (CEE) n . 169/76                                        Article 16
     destinata ad essere imbarcata del porto di . . .' ;
                                                                   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--- No L 19/ 10                    Official Journal of the European Communities                        28 . 1 . 76
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 26 January 1976.
                                                                   For the Commission
                                                                     P. J. LARDINOIS
                                                               Member of the Commission
 ---pagebreak--- 28 . 1 . 76                           Official Journal of the European Communities                                No L 19 / 11
                                                           ANNEX
             I. 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 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/m 2 ;
                      — 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 + 15
                          g/m 2 ;
                      — one polyethylene inner bag at least 0 08 mm thick double bound .
                 (c) The following marking to appear on the packaging in letters at least 1 cm high :
                      ' FORTIFIED SKIMMED-MILK POWDER — GIFT OF THE EUROPEAN ECONOMIC
                      COMMUNITY         —    ACTION   OF   THE     UNITED       NATIONS    CHILDREN 'S     FUND
                      (UNICEF)'.