CELEX: 31976R2001
Language: en
Date: 1976-08-10 00:00:00
Title: Commission Regulation (EEC) No 2001/76 of 10 August 1976 on the invitation to tender for the supply to UNICEF, for the benefit of certain third countries for use as food aid, of vitaminized skimmed-milk powder to be purchased on the Community market

13 . 8 . 76                                Official Journal of the European Communities                         No L 220/ 11
                                      COMMISSION REGULATION (EEC) No 2001 /76
                                                          of 10 August 1976
                on the invitation to tender for the supply to UNICEF, for the benefit of certain
                third countries for use as food aid, of vitaminized skimmed-milk powder to be
                                               purchased on the Community market
THE COMMISSION OF THE EUROPEAN                                        powder for various third countries, of which a quantity
 COMMUNITIES,                                                         of 1 194 metric tons corresponding to the abovemen­
                                                                      tioned reserve is allocated to Vietnam ;
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                      Whereas Article 2 (2) of Regulation (EEC) No 1298/76
 Having regard to Council Regulation (EEC) No                         and of Regulation (EEC) No 1347/75 provides that, if
 804/68 of 27 June 1968 on the common organization                    there is not enough skimmed-milk powder available
 of the market in milk and milk products ('), as last                 in public stocks with the characteristics necessary for
amended by Regulation (EEC) No 559/76 (2), and in                     the particular destination where this requires, in parti­
 particular Article 7 (5) thereof,                                    cular, the addition of vitamins, supplies shall be
                                                                      obtained by purchase of skimmed-milk powder on the
 Having regard to Council Regulation (EEC) No                         Community market ;
 1298/76 of 1 June 1976 laying down general rules for
the supply of skimmed-milk powder under the 1976
food-aid programme to certain developing countries                    Whereas Article 5 of Regulation (EEC) No 1298/76
and certain international organizations (3), and in parti­            and of Regulation (EEC) No 1347/75 provides that for
cular Article 6 thereof, and Regulation (EEC) No                      the purposes of the supply and shipment of skimmed­
 1347/75 of 26 May 1975 laying down general rules for                 milk powder, invitations to tender are to be issued ;
the supply of skimmed-milk powder under the 1975
food-aid programme to certain developing countries                    Whereas the procedure to be adopted for this
and international organizations (4), and in particular                tendering should in the main be the procedure used
Article 6 thereof,                                                    hitherto in similar cases ;
Whereas Council Regulation (EEC) No 1299/76 of 1
June 1976 on the supply of skimmed-milk powder as                     Whereas the measures provided for in this Regulation
food aid to certain developing countries and interna­                 are in accordance with the opinion of the Manage­
tional organizations under the 1976 programme ^),                     ment Committee for Milk and Milk Products,
provides inter alia for the supply of 4 000 metric tons
of skimmed-milk powder to be made available to
UNICEF ;
Whereas, in accordance with Council Regulation                        HAS ADOPTED THIS REGULATION :
(EEC) No 1528/76 of 21 June 1976 on the emergency
supply of skimmed-milk powder to the International
Committee of the Red Cross , to the United Nations
High Commissioner for Refugees and to the United                                              Article 1
Children 's Fund as food aid for the people of Vietnam
under Regulation (EEC) No 1348/75 (6), 1 194 metric                    1.   Tenders shall be invited in accordance with the
tons out of the reserve provided for by Council Regula­               provisions of Regulations (EEC) No 1298/76, (EEC)
tion (EEC) No 1348 /75 of 26 May 1975 on the supply                   No 1299/76, (EEC) No 1528/76, (EEC) No 1347/75
of skimmed-milk powder to certain developing coun­                    and (EEC) No 1348/75 for the costs of delivering to
tries and international organizations under the 1975                  UNICEF 3 400 metric tons of vitaminized skimmed­
food-aid programme (7), shall be made available to                    milk powder divided up into the following lots and
UNICEF for the benefit of the people of Vietnam ;                     destinations :
Whereas UNICEF has requested the delivery of a total                  — lot A : 1 250 metric      tons  for   the  benefit   of
of 3 400 metric tons of vitaminized skimmed-milk
                                                                                         Angola, to be delivered cif Luanda ;
(»)  OJ  No  L 148 , 28 . 6 . 1968 , p. 13 .                          — lot B :      105 metric   tons  for   the  benefit   of
(2)  OJ  No  L 67, 15 . 3 . 1976, p. 9 .                                                 Tanzania, to be delivered cif Dar-Es-­
(3)  OJ  No  L 146, 4. 6 . 1976, p. 3 .
(4)  OJ  No  L 138 , 29 . 5 . 1975, p. 1 .                                               Salaam ;
(5 ) OJ  No  L 146, 4. 6. 1976, p. 5.
(*)  OJ  No  L 170, 29 . 6 . 1976, p. 2.                              — lot C :      419 metric tons for the benefit of Sudan ,
(7)  OJ  No  L 138 , 29 . 5 . 1975 , p. 3 .                                              to be delivered cif Port-Sudan ;
 ---pagebreak---  No L. 220/ 12                      Official Journal of the European Communities                                 13 . 8 . 76
 — lot D :     216 metric tons for the benefit of the           (c) the price, exclusive of taxes, expressed in the
                    People's Democratic Republic of                  currency of the Member State in which the tender
                    Yemen, to be delivered cif Aden ;                is presented, at which the tenderer undertakes to
 — lot E :     216 metric    tons   for  the    benefit  of          supply, in accordance with the specifications laid
                    Burma,     to    be    delivered    cif          down in the Annex the entire quantity of a lot put
                    Rangoon ;                                        out to tender.
 — lot F : 1 194 metric      tons   for  the    benefit  of          Such price shall be inclusive of transport insur­
                   Vietnam ,     to   be    delivered   cif          ance costs to the stage referred to in Article 1 ( 1 )
                   Haiphong.                                         for delivery.
 2.    The shipping shall take place not later than 10          4.     A tender shall be valid only if :
 October 1976 .
                                                                (a) it relates to the entire quantity of a lot put out to
 3. The skimmed-milk powder shall meet the re­                       tender ;
quirements as to quality and packaging set out in the
Annex to this Regulation .                                      (b) proof is given before expiry of the period set for
                                                                     the submission of tenders that the security referred
The packing of the skimmed-milk powder shall bear                    to in Article 4 has been provided.
in letters at least one centimetre high, the following
inscription :                                                   5.    No tender may be withdrawn.
as regards lot A :
  Leite desnatado en po / Dom da Comunidade econ­                                        Article 4
òmica europeia / Acçâo do UNICEF'
as regards lot B to E :                                          1 . The tendering security shall be 20 units of
                                                                account per metric ton of skimmed-milk powder.
'Vitaminized skimmed-milk powder / Gift of the Euro­
pean Economic Community / Action of UNICEF'                     2.     It shall take the form , at the discretion of the
as regards lot F :                                              Member State concerned, either of a cheque made out
'Lait ecréme en poudre vitamine / Don de la Commu­              in favour of the intervention agency, or of a bank
nauté économique européenne / Action de                         guarantee which satisfies the criteria fixed by the
                                                                Member State .
l'UNICEF'.
4. The successful tenderer shall supply a further
5 % of empty bags identical to those containing the                                      Article 5
goods. He shall undertake to have these bags
mentioned on the bill of lading.                                In the light of the tenders received and in accordance
                        Article 2
                                                                with the procedure laid down in Article 30 of Regula­
                                                                tion (EEC) No 804/68 a maximum price, expressed in
 1 . The intervention agencies shall draw up a notice           unitsj of account, shall be fixed or alternatively a deci­
                                                                sion shall be taken to make no award .
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
submission of tenders .                                                                  Article 6
2. The closing date for the submission of tenders               1.     A tender shall be refused if the price proposed,
shall be 24 August 1976 at 12 noon .                            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. Where
tion agency against acknowledgment 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
Intervention agencies may also authorize the use of             given intervention agency, the award shall be made by
telex.                                                          drawing lots. Where such offers are made to different
                                                                intervention agencies, the award shall be made by the
2.     Each tender shall bear only one lot.                     intervention agency selected in accordance with the
3.     The tender shall indicate inter alia :                   procedure referred to in Article 5.
(a) the name and address of the tenderer ;                      3.     The    intervention   agency shall    immediately
(b) the port or ports of loading, chosen from among             inform each tenderer whether he has been awarded
     Community ports ;                                          the contract.
 ---pagebreak--- 13 . 8 . 76                            Official Journal of the European Communities                              No L 220/ 13
4.      Rights and obligations arising in connection             customs formalities referred to in Article 11 ( 1 ),
with the invitation to tender shall not be transferable .        provide the successful tenderer with a certificate to
                                                                 that effect.
5.      The intervention agencies shall immediately
inform the Commission of the name and address of                 3 . On delivery the recipient organization shall issue
the successful tenderers.                                        a certificate proving taking delivery of the goods,
                                                                 stating that the delivery of that quantity of skimmed
                                                                 milk has been taken at the stage specified in Article 1
                          Article 7                              (0­
1 . The successful tenderer shall deliver a quantity
of skimmed-milk powder satisfying the requirements                                         Article 11
as to quality and packaging laid down in the Annex to
this Regulation .                                                 1.      Customs export formalities shall be carried out
                                                                 in the Member State in which the award of contract is
2.      Delivery cif shall be completed when the goods           made .
are actually deposited on the quayside or on board a
lighter at the port of unloading.                                2.       If the port of loading specified in the tender is
                                                                 situated in a Member State other than that in which
3 . The recipient organization shall bear all expendi­            the customs export formalities          are carried out, the
ture incurred after delivery, including acceptance               goods shall , on completion of           such formalities, be
costs .                                                           placed under customs control            with the object of
                                                                 ensuring that they are loaded at         the port specified in
                                                                 the tender.
                          Article 8
                                                                  Proof of loading can be furnished only by production
Any demurrage costs at the port of unloading attribu­            of the control copy referred to in Article 1 of Commis­
table to the recipient shall be borne by it. The rates            sion Regulation (EEC) No 2315/69 of 19 November
and other details concerning such costs shall be laid             1969 on the use of Community transit documents for
down in the contract between the successful tenderer
                                                                  the purpose of applying Community measures for veri­
and the carrier and must have been previously agreed              fying the use and/or destination of goods ('), as
upon by the successful tenderer acting as Community               amended by Regulation (EEC) No 690/73 (2).
agent and the recipient's delivery agent.
                                                                  Sections 101 , 103 and 104 of the control copy shall be
                          Article 9
                                                                  completed .
                                                                  Section 104 shall be completed by deleting as neces­
1 . The intervention agency concerned shall as soon               sary and entering against the second indent one of the
as possible notify the recipient body of the name of              following endorsements :
the vessel , the date of loading, the quantity and the
quality of the goods as recorded pt time of loading               — ' Delivery of skimmed-milk powder as food aid
and the port of unloading.                                            (Regulation (EEC) No 2001 /76) to be shipped
                                                                       from the port of . . .' ;
2. The successful tenderer shall inform the recip­
ient at least 10 clear days in advance of the expected            — ' Livraison de lait écrémé en poudre à titre d aide
date of arrival of the ship in the port of unloading.                  alimentaire (règlement (CEE) n0 2001 /76) destinée
The successful tenderer shall have included in the                     à être embarquée au port de . . .' ;
terms of the charter-party a provision stipulating that           —    ' Lieferung von Magermilchpulver als Nahrungsmit­
the ship's captain shall inform the recipient at least 72              telhilfe (Verordnung (EWG) Nr. 2001 /76) zur Vers­
hours in advance of the ship's probable date of arrival                chiffung im Hafen von . . . bestimmt' ;
in port.                                                          —      Fornitura di latte scremato in polvere a titolo di
                                                                       aiuto alimentare (regolamento (CEE) n . 2001 /76)
                          A rticle 1 0
                                                                       destinata ad essere imbarcata del porto di . . .' ;
                                                                  —      Levering van magere-melkpoeder als voedselhulp
 1.     The competent agency of the Member State in                    (Verordening ( EEG) nr. 2001 /76) bestemd om te
which the contract is awarded shall check that the                     worden verscheept in de haven van . . .' ;
skimmed-milk powder in question satisfies require­                —      Levering af skummetmælkspulver som fødeva­
ments as to quality and packaging laid down in the                     rehjælp (forordning (EØF) nr. 2001 /76) bestemt til
Annex .                                                                lastning i havnen i . . .'.
2.      If the goods are found to satisfy those require­          (') OJ No L 295, 24. il . 1969, p . 14.
ments, the agency shall , before completion of the                (0 OJ No L 66, 13 . 3 . 1973 , p . 23 .
 ---pagebreak--- No L 220/ 14                         Official Journal of the European Communities                             13 . 8 . 76
                        Article 12                                                    Article 14
1 . Except in cases of force majeure, the tendering            Except in cases of force majeure, the successful
security shall be released only if :                           tenderer shall accept all financial liability devolving
                                                               upon the Community by reason of failure to load the
(a) the tenderer has not been accepted ;
                                                               skimmed-milk powder by the date specified in Article
(b) the tenderer :                                              1 (4).
    — has      not  withdrawn    his  tender    before the
                                                               Costs incurred by reason of failure to deliver the skim­
         contract is awarded,
                                                               med-milk powder as a result of force majeure shall be
    — has furnished the certificates provided for in           borne by the competent agency of the Member State
         Article 10 (2) and (3).                               in which the award of contract is made.
2. Release of the security shall take place immedi­                                   Article 15
ately.
                                                               No refund or compensatory amount (whether mone­
3.     In cases of force majeure, the intervention             tary or accession) shall be applicable in respect of
agency shall decide on the measures to be taken                skimmed-milk powder supplied under this Regula­
having regard to the circumstances invoked .                   tion .
                        Article 13                                                    Article 16
The amount referred to in Article 3 (3) (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, 10 August 1976.
                                                                         For the Commission
                                                                           P.J. LARDINOIS
                                                                       Member of the Commission
 ---pagebreak--- 13 . 8 . 76                           Official Journal of the European Communities                                No L 220/ 15
                                                           ANNEX
             I. 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 0-1 g
                 (1) taste and smell :                         clean
                 (m) appearance :                              white or slightly yellowish colour, free from impu­
                                                               rities 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.
            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 + 15
                         g/m2 ;
                     — one polyethylene inner bag at least 0-08 mm thick double bound.