CELEX: 31976R0788
Language: en
Date: 1976-04-07 00:00:00
Title: Commission Regulation (EEC) No 788/76 of 6 April 1976 on the invitation to tender for the costs of delivery of skimmed-milk powder as food aid to UNRWA

7. 4. 76                              Official Journal of the European Communities                            No L 92/ 11
                                  COMMISSION REGULATION (EEC) No 788/76
                                                      of 6 April 1976
             on the invitation to tender for the costs of delivery of skimmed-milk powder as
                                                   food aid to UNRWA
THE COMMISSION OF THE EUROPEAN                                  (EEC) No 804/68, and held by the German interven­
COMMUNITIES,                                                    tion agency, divided into the following lots :
Having regard to the Treaty establishing the European           — lot A : 250 metric tons cif Aqaba,
Economic Community,                                             — lot B : 650 metric tons cif Lattakia,
                                                                — lot C : 700 metric tons cif Ashdod.
Having regard to Council Regulation (EEC) No
804/68 of 27 June 1968 on the common organization
                                                                 2.    At the time it is withdrawn from stock, the skim­
of the market in milk and milk products ('), as last
amended by Regulation (EEC) No 559/76 (2), and in                med-milk powder shall, as to quality, satisfy the
particular Articles 7 (5) and 28 thereof,                        requirements laid down in Annex I to Commission
                                                                 Regulation (EEC) No 1108/68 of 27 July 1968 on
Whereas Council Regulation (EEC) No 1348/75 of 26                detailed rules of application for the public storage of
May 1975 on the supply of skimmed-milk powder as                 skimmed-milk powder (5), as last amended by Regula­
food aid to certain developing countries and interna­            tion (EEC) No 1457/75 (6).
tional organizations under the 1975 programme (3),
makes provision for 2 000 metric tons of skimmed­                The conditions for packing are laid down in the
milk powder held by intervention agencies to be                  Annex to this Regulation.
made available to the United Nations Relief and
Works Agency, hereinafter called 'UNRWA' ; whereas               3 . The intervention agency shall supply a further
UNRWA has requested the cif delivery of a quantity               2 % empty bags identical to those containing the
of 1 600 metric tons ;                                           goods. The successful tenderer undertakes to have
                                                                 these bags mentioned on the bill of lading.
Whereas under Article 5 of Council Regulation (EEC)
No 1347/75 of 26 May 1975 laying down general                    4. Loading shall take place as soon as possible and
rules for the supply of skimmed-milk powder as food              not later than 20 May 1976.
aid to certain developing countries and international
organizations under the 1975 programme ^), such
supplies are as a rule to be put out to tender ;                                           Article 2
Whereas the tendering procedure should for the main               1.    The German intervention agency shall draw up
point be retained as the procedure determined at the             the notice of invitation to tender, which shall be
present time for similar cases ;                                 published in the Official Journal of the European
                                                                  Communities not less than 10 days before the closing
Whereas the measures provided for in this Regulation             date for the submission of tenders.
are in accordance with the opinion of the Manage­
ment Committee for Milk and Milk Products,                       2. The closing date for the submission of tenders
                                                                 shall be 20 April 1976 at 12 noon .
HAS ADOPTED THIS REGULATION :
                                                                 3.     The intervention agency shall indicate in its
                                                                 notice    the   warehouses    where    the skimmed-milk
                                                                 powder is held.
                           Article 1
                                                                                           Article 3
 1.    Tenders shall be invited in accordance with the
provisions of Regulations (EEC) No 1347/75 and
(EEC) No 1348/75 for the costs of delivery to                     1 . Tenders, which shall be in writing, shall be
UNRWA of        1 600     metric tons of skimmed-milk            submitted either by delivery by hand to the interven­
powder bought in under Article 7 ( 1 ) of Regulation              tion agency against acknowledgment of receipt or by
                                                                  registered letter or telex addressed to the intervention
(') OJ  No L 148 , 28 . 6. 1968, p. 13 .                          agency.
(2) OJ  No L 67, 15. 3. 1976, p. 9.
(3) OJ  No L 138 , 29 . 5. 1975, p. 3.                           (') OJ No L 184, 29 . 7. 1968 , p. 34.
(") OJ  No L 138 , 29. 5. 1975, p. 1 .                           (6) OJ No L 145, 6. 6. 1975, p. 17.
 ---pagebreak--- No L 92/ 12                         Official Journal of the European Communities                                  7. 4. 76
2.     Each tender shall indicate only one lot.                majeure shall be borne by the German intervention
                                                              agency.
3.     The tender shall indicate :
(a) the name and address of the tenderer ;                                                Article 6
(b) the amount, expressed in DM, for which the
     tenderer undertakes to deliver the skimmed-milk          In the light of the tenders received and in accordance
     powder cif under the conditions laid down in             with the procedure laid down in Article 30 of Regula­
     Article 5 including the insurance costs covering         tion (EEC) No 804/68 , a maximum amount, expressed
     the value of the goods ;                                 in units of account, shall be fixed or alternatively a
                                                              decision shall be taken to make no award.
(c) the port of embarkation, which may be any
     Community port.
                                                                                          Article 7
4.     The tender shall not be valid unless :
                                                               1.      A   tender   shall  be   refused  if  the   amount
(a) it relates to the whole of a lot to which the invita­
     tion to tender relates ;                                 proposed, converted into units of account, is more
                                                              than the maximum fixed for the lot in question .
(b) proof is furnished that before the time limit for
     submission of tenders is expired, the tenderer has       2.       Without prejudice to the provisions of paragraph
     given the security fixed in Article 4.                    1 , the successful tenderer shall for each lot be the one
                                                              making the lowest offer. Where two or more valid
5.     The tender may not be withdrawn ..                     offers specify amounts which when converted into
                                                              units of account are identical , the award shall be made
                                                              by drawing lots.
                          Article 4
                                                              3 . Each tenderer shall be immediately notified by
 1 . The security required for the invitation to tender       the intervention agency of the result of his participa­
shall be two units of account per metric ton of skim­         tion in the invitation to tender. The intervention
med-milk powder.                                              agency concerned shall immediately inform the
                                                              Commission of the            name     and  address   of   the
2.     It shall take the form, at the option of the           successful tenderers .
Member State concerned, either of a cheque made out
in favour of the intervention agency, or of a bank            4.       Rights and obligations arising in connection
guarantee which satisfies the criteria laid down by the       with the invitation to tender shall not be transferable .
Member State .
                                                                                          Article 8
                          Article 5
                                                              When the successful tenderer takes delivery of the
 1.    Delivery costs shall be the costs incurred up to       skimmed-milk powder, he shall ensure that the quan­
the time when the goods are deposited on the quay­            tity handed over corresponds to the quantity to be
side or on board lighters, if used, all costs subsequent      delivered .
to delivery, including costs of taking delivery, to be
borne by the recipient.                                        Furthermore, he shall ensure that the packing of the
                                                              skimmed-milk powder satisfies the requirements laid
2. Any demurrage costs at the port of unloading in            down in Article 1 (2).
respect of delays attributable to the recipient shall be
chargeable to the latter. The rates and other details
concerning such costs shall be laid down in the                                           Article 9
contract between      the  successful  tenderer and   the
carrier and must have been previously agreed upon             The German Government shall :
between the former and the delivery agent of the recip­
ient.                                                          1 . ensure that the successful tenderer shall :
3. Except in cases of force majeure every successful                (a) notify the recipient, as soon as possible after the
tenderer shall accept all financial liability devolving                 goods have been loaded on board ship, of
upon the Community by reason of failure to deliver                      details of the ship, the loading date, the quan­
the skimmed-milk powder at the place and by the                         tity and quality of the goods as recorded on
time appointed, provided always that UNRWA has                          shipment and the port of unloading ;
made it possible for the skimmed-milk powder to be                  (b) at least 10 clear days in advance, inform the
so delivered. Costs incurred by reason of failure to                    recipient of the expected date of arrival at the
deliver the skimmed-milk powder as a result of force                    port of ship's unloading ;
 ---pagebreak--- 7. 4. 76                            Official Journal of the European Communities                         No L 92/ 13
    (c) have included in the terms of the charter party           — has furnished the certificate provided for in
        a provision stipulating that the ship's captain               Article 10 (2).
        shall, at least 72 hours in advance, notify the
        recipient of the ship's probable date of arrival      2.    The security shall be released immediately.
        in port ;                                             3.    In cases of force majeure the intervention agency
2. send to the Commission as soon as possible the             selling the skimmed-milk powder shall decide on the
    information specified in paragraph 1 (a) and (b).         measures to be taken having regard to the circum­
                                                              stances invoked.
                         Article 10
                                                                                      Article 12
1 . The goods shall be regarded as delivered cif
when they are deposited on the quayside in the port           The intervention agency shall pay to the successful
of unloading or on board lighters, if used.                   tenderer the amount stated in his tender upon produc­
                                                              tion of the certificate referred to in Article 10 (2).
2. On delivery in accordance with paragraph 1
UNRWA shall issue a certificate declaring that the                                    Article 13
skimmed-milk powder has been delivered.
                                                              No refund or compensatory amount (whether mone­
                         Article 11
                                                              tary or accession) shall be applied in respect of the
                                                              skimmed-milk powder to which this Regulation
1 . Save in the case of force majeure, the tendering          applies.
security shall be released only if :
                                                                                      Article 14
(a) the tender has not been accepted ;
(b) the tenderer :                                            This Regulation shall enter into force on the third day
     — has not withdrawn his tender before the deci­          following its publication in the Official Journal of
         sion awarding the tender,                             the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 6 April 1976
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                    Member of the Commission
 ---pagebreak--- No L 92/ 14                         Official Journal of the European Communities                               7. 4. 76
                                                          ANNEX
                                              CONDITIONS FOR PACKING
            The packing containing a net weight of 25 kg and made up in one of the following ways :
              I. 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 ;
                 one polyethylene inner bag at least 0-06 mm thick, welded or double bound.
             II. One Kraft paper bag of a strength representing at least 70 g/m2 ;
                 one Kraft paper bag with a polyethylene layer of a strength representing at least 80 g + 15
                 g/m2 ;
                 three Kraft paper bags of a strength representing at least 70 g/m2 ;
                 one polyethylene inner bag at least 0-06 mm thick, welded or double bound.
            III. One Kraft paper outer bag of a strength representing at least 85 g/m2 ;
                 one Kraft paper bag with a polyethylene layer of a strength representing at least 70 g -I- 15
                 g/m2 ;
                 two Kraft paper bags of a strength representing at least 70 g/m2 ;
                 one polyethylene inner bag at least 0-12 mm thick, welded or double bound.
            IV. The packing shall be marked with the following markings in letters at least 1 cm high :
                 'Skimmed-milk powder—Gift from the European Economic Community to UNRWA for the
                 benefit of Palestine refugees'.