CELEX: 31977R0252
Language: en
Date: 1977-02-02 00:00:00
Title: Commission Regulation (EEC) No 252/77 of 2 February 1977 concerning the issue of an invitation to tender for the supply to Honduras, for use as food aid, of vitaminized skimmed-milk powder to be purchased on the Community market

5 . 2. 77                                 Official Journal of the European Communities                                 No L 34/37
                                      COMMISSION REGULATION ( EEC) No 252/77
                                                        of 2 February 1977
              concerning the issue of an invitation to tender for the supply to Honduras, 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
the supply of skimmed-milk powder, as food aid , to                  HAS ADOPTED THIS REGULATION .
certain developing countries and certain international
organizations under the 1976 programme (3), as
amended by Regulation ( EEC) No 201 7/76 (4), and in
particular Article 6 thereof,                                                                     Article 1
                                                                      1.      Tenders   shall   be  invited     in accordance with
Whereas Council Regulation ( EEC) No 1299/76 of 1
June 1976 on the supply of skimmed-milk powder                       Regulations ( EEC) No 1298 /76, ( EEC) No 1299/76
under the 1976 food-aid programme to certain deve­                   and ( EEC) No 2018 / 76 for the costs of supplying to
loping countries and international organizations (5 ),                Honduras of 1 000 tonnes of vitaminized skimmed­
provides, inter alia, for the supply to Honduras of                  milk powder bought on the Community market and
                                                                     divided into two lots of 500 tonnes .
800 tonnes of skimmed-milk powder ;
Whereas Council Regulation ( EEC) No 2018 /76 of 27                   2.      Delivery shall be effected at the port of
                                                                     unloading of Puerto Cortes .
July 1976 on the additional supply of skimmed-milk
powder as food aid to certain developing countries,
international organizations and non-governmental                     3.       Loading shall take place as soon as possible and
                                                                     not later than VI March 1977 .
organizations under the 1976 programme ( 6) provides,
inter alia, for 200 tonnes of skimmed-milk powder to
be made available to Honduras ; whereas this country                 4.       The skimmed-milk powder shall meet :
has requested the supply of 1 000 tonnes of vitami­
nized skimmed-milk powder ;                                          — as to quality, the requirements set out in the
                                                                            Annex to this Regulation ,
Whereas Article 2 (2) of Regulation ( EEC) No 1298 /76               — as to packing, the requirements set out in Annex I
provides that if there is enough skimmed-milk                               to Commission Regulation ( EEC) No 1108/ 68 of
powder available in public stocks with the characteris­                     27 July 1968 on detailed rules of application for
tics necessary for the particular destination where this                    public storage of skimmed-milk powder ( 7), as last
requires, in particular, the addition of vitamins,                          amended by Regulation ( EEC) No 1 457/75 (8).
supplies shall be obtained by purchase on the Commu­
nity market ;                                                         5 . The successful tenderer shall deliver, as a supple­
                                                                     ment, 5 % empty bags similar to those containing the
 ')  OJ No L  148 , 28 . 6 . 1968 , p. 1 3                          goods. He shall undertake to have these bags
 -') OJ No L 67 , 15 . .3 . 1976 , p. 9 .
 3)  Ol No L  146 , 4 . 6 . 1976 , p. 3 .                            mentioned on the bill of loading.
 4)  OJ No L 224 , 16 . 8 . 1976 , p. 1 .
 5) OJ No L' 146, 4. 6. 1976, p. 5 .                                 ( 7) OJ No L 184, 29 . 7 . 1968 , p. ,U.
 6) OJ No L 224 , 16 . 8 . 1976 , p. 2 .                             ( s ) OJ No L I4S , 6 . 6 . 1975 , p. 17 .
 ---pagebreak--- No L 34/38                         Official Journal of the European Communities                               5 . 2 . 77
6. The packing of the skimmed-milk powder shall              2.     It shall take the form , at the discretion of the
bear a marking in letters at least one centimetre high       Member State concerned, either of a cheque made out
indicating :                                                 in favour of the intervention agency, or of a bank
                                                             guarantee which satisfies the criteria fixed by the
' Leche desnatada en polvo con vitaminas 'A' y vita­         Member State .
minas ' D' / Donacion de la comunidad economica
europea al Honduras / Destinado a la distribution
gratuita'.                                                                            Article 5
                         Article 2                            In the light of the tenders received and in accordance
                                                             with the procedure laid down in Article 30 of Regula­
 1 . The intervention agencies shall frame a notice of       tion (EEC) No 804/68 a maximum price, expressed in
invitation to tender which shall be published in the         units of account, shall be fixed or alternatively a deci­
                                                             sion shall be taken to make no award.
 Official Journal of the European Communities not
less than 10 days before the closing date for the
submission of tenders .
                                                                                      Article 6
 2.     The closing date for the submission of tenders
shall be 22 February 1977 at 12 noon .                        1.    A tender shall be refused if the price proposed,
                                                              converted into units of account, is more than the
                                                              maximum price fixed for the lot in question .
                         Article 3
                                                              2.    Subject    as  provided   in  paragraph      1,   the
 1 . Tenders, which shall be in writing, shall be             successful tenderer shall be the one whose offer,
 submitted either by delivery by hand to an interven­         converted into units of account, is the lowest, ^here
 tion agency against acknowledgement of receipt or by         two or more valid offers specifying identical amounts,
 registered letter addressed to an intervention agency.       as converted into units of account, are received by a
                                                             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. A tender is only valid if it covers the total quan­
                                                              procedure referred to in Article 5.
 tity of a lot offered for tender. The tenderer shall
 specify in his tender for how many lots it is valid .
                                                              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
                                                              with the invitation to tender shall not be transferable .
     Community ports ;
(c) the price, exclusive of taxes, expressed in the
     currency of the Member State in which the tender         5.    The intervention agencies shall immediately
                                                              inform the Commission of the successful tenderer's
     is presented, at which the tenderer undertakes to        name and address .
     supply, in accordance with the specifications, the
     entire quantity which is the subject of his tender.
     Such price shall be inclusive of transport insur­                                Article 7
     ance costs of the stage referred to in Article 1 (2)
     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        as to quality and packaging referred to in Article 1 (4).
 tenders that the security referred to in Article 4 has
 been provided .                                              2.    Delivery at the port of unloading shall be consid­
                                                              ered as completed when the goods are actually
 5.     No tender may be withdrawn .                          removed from the hold of the ship at the port of
                                                              unloading.
                         Article 4                            3 . The country of destination shall bear all expendi­
                                                              ture incurred after delivery of the goods, including
 1 . The tendering and delivery security shall be 20          unloading costs (such as unstowing, hoisting and
 units of account per tonne of skimmed-milk powder.           acceptance) as well as possible lighter costs.
 ---pagebreak--- 5 . 2 . 77                          Official Journal of the European Communities                                No L 34/39
                          Article 8                            placed under customs control with the object of
                                                              ensuring that they are loaded at the port specified in
Any demurrage costs or dispatch money shall be                 the tender.
payable by or to the recipient country. The rates and
other details concerning such costs shall be laid down         Proof of loading can be furnished only by production
in the contract between the successful tenderer and           of the control copy referred to in Article 1 of Commis­
the carrier and must have been previously agreed              sion Regulation (EEC) No 2315/69 of 19 November
upon by the successful tenderer acting as Community            1969 on the use of Community transit documents for
agent and the country of destination's agent.                 the purpose of applying Community measures for veri­
                                                              fying the use and/or destination of goods ('), as
                                                              amended by Regulation (EEC) No 690/73 (2).
                          Article 9
                                                              Sections 101 , 103 and 104 of the control copy shall be
                                                              completed.
1 . The intervention agency concerned shall as soon
as possible notify the country of destination of the          Section 104 shall be completed by deleting as neces­
name of the vessel, the date of loading, the quantity         sary and entering against the second indent one of the
and the quality of the goods as recorded at the time of        following endorsements :
loading.
                                                              — ' Delivery of skimmed-milk powder as food aid
2.      The successful tenderer shall inform the country
                                                                     (Regulation ( EEC) No 252/77) to be shipped from
of destination at least 10 clear days in advance of the
                                                                     the port of . . .',
expected date of arrival of the ship in the port of           — ' Livraison de lait écrémé en poudre a titre d'aide
unloading. The successful tenderer shall have included               alimentaire (règlement (CEE) n° 252/77) destinée a
in the terms of the charter-party a provision stipu­                 être embarquée au port de . . .',
lating that the ship's captain shall inform the country       — ' Lieferung von Magermilchpulver als Nahrungsmit­
of destination at least 72 hours in advance of the                   telhilfe (Verordnung (EWG) Nr. 252/77) zur Vers­
ship's probable date of arrival in port.                             chiffung im Hafen von . . . bestimmt',
                                                              — ' Fornitura di latte scremato in polvere a titolo di
                                                                     aiuto alimentare (regolamento (CEE) n . 252/77)
                         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. 252/77) 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
requirements as to quality and packaging referred to          — ' Levering af skummetmælkspulver som fødeva­
in Article 1 (4).                                                    rehjælp (forordning (E0F) nr. 252/77) 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 :
                                                              (a) the tender has not been accepted ;
3 . On delivery the country of destination shall issue
a certificate proving taking delivery of the goods,           (b) the tenderer :
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             — has furnished the certificates provided for in
1 (2).                                                                   Article 10 (2) and (3).
                                                              2.       Release of the security shall take place immedi­
                         Article 11                           ately .
1.      Customs export formalities shall be carried out                                  Article 13
in the Member State in which the award of contract is
made .
                                                               In cases of force majeure, the intervention agency
                                                              shall decide on the measures to be taken having
2.      If the port of loading specified in the tender is     regard to the circumstances invoked .
situated in a Member State other than that in which
the customs export formalities are carried out, the           (>) OJ No L 295 , 24 . 11 . 1969 , p. 14 .
goods shall, on completion of such formalities, be            ( 2 ) OJ No L 66, 13 . 3 . 1973 , p. 23 .
 ---pagebreak--- No L 34/40                         Official Journal of the European Communities                               5 . 2 . 77
                       Article 14                            upon the Community by reason of failure to load the
                                                             skimmed-milk powder by the date specified in Article
1 . The amount referred to in Article 3 (3) (c) shall         1 (3).
be paid only on production of the certificates
provided for in Article 10 (2) and (3).
                                                              Costs incurred by reason of failure to deliver the skim­
2. If, owing to circumstances beyond the control of           med-milk powder as a result of force majeure shall be
the undertaking responsible for the delivery, the             borne by the competent agency of the Member State
submission of the attestation of delivery referred to in      in which the award of contract is made .
Article 10 (3) is delayed, the competent agency may,
on production of the supporting documents, grant and
advance .
                                                                                    Article 16
Such an advance may, however, not exceed 80 % of
the sum agreed for the delivery and shall be paid only        No refund or compensatory amount {whether mone­
subject to the undertaking concerned lodging a secu­          tary or accession) shall be applicable in respect of
rity for the skimmed-milk powder shipped, in accor­           skimmed-milk powder supplied under this Regula­
dance with the conditions laid down in Article 1 (4),         tion .
(5) and (6), and having left the geographical territory
of the Community, and if the undertaking furnished a
security for the sum of the advance, raised by 10 % .                               Article 17
                       Article 7 5
                                                              This Regulation shall enter into force on the day
Except in cases of force majeure, the successful              following its publication in the Official Journal of
tenderer shall accept all financial liability devolving        the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 2 February 1977.
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President
 ---pagebreak--- 5 . 2 . 77                          Official Journal of the European Communities                             No L 34/41
                                                         i AA /:A'
                                           Skimmed-milk   powder requirements
           (a) fat content :                                   1-5% maximum
           (b) water content :                                 4-0 % maximum
           (c) total acidity in lactic acid :                  015% maximum ( 1 8 C 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, tree from
                                                               impurities or coloured particles
           (n ) vitamin enrichment :
                (aa) vitamin A :                               5 000 i.u . per 100 g minimum
                (bb) vitamin D :                               500 i.u . per 100 g minimum