CELEX: 31976R2584
Language: en
Date: 1976-10-22 00:00:00
Title: Commission Regulation (EEC) No 2584/76 of 22 October 1976 on the issue of an invitation to tender for the supply to the Arab Republic of Yemen for use as food aid of vitaminized skimmed-milk powder to be bought on the Community market

26. 10 . 76                                Official Journal of the European Communities                           No L 295/9
                                     COMMISSION REGULATION (EEC) No 2584/76
                                                         of 22 October 1976
              on the issue of an invitation to tender for the supply to the Arab Republic of
              Yemen for use as food aid of vitaminized skimmed-milk powder to be bought
                                                     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
Having regard to the Treaty establishing the European                are to be issued ;
Economic Community,
                                                                     Whereas the procedure to be adopted for this
Having regard to Council Regulation (EEC) No                          tendering should in the main be the procedure used
804/68 of 27 June 1968 on the common organization                     hitherto in similar cases ;
of the market . in milk and milk products ('), as last
amended by Regulation (EEC) No 559/76 (2), and in                    Whereas the measures provided for in this Regulation
particular Article 7 (5) thereof,                                     are in accordance with the opinion of the Manage­
                                                                      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
certain developing countries and international organi­
                                                                      HAS ADOPTED THIS REGULATION :
zations under the 1976 programme (3), as amended by
Regulation (EEC) No 201 7/76 (4), and in particular
Article 6 thereof,
                                                                                                  Article 1
Whereas Council Regulation (EEC) No 1299 /76 of 1
June 1976 on the supply of skimmed-milk powder as                      1.     Tenders shall be invited in accordance with the
food aid to certain developing countries and interna­                 provisions of Regulations (EEC) No 1298 /76, (EEC)
tional organizations under the 1 976 programme (5),                   No 1299/76 and ( EEC) No 2018 /76, for the costs of
provides inter alia for 200 metric tons of skimmed­                   supplying 1 500 metric tons of vitaminized skimmed­
milk powder to be made available to the Arab Repu­                    milk powder to the Arab Republic of Yemen , divided
blic of Yemen ;                                                       into three lots of 500 metric tons .
Whereas Council Regulation (EEC) No 2018 /76 of 27
July 1976 on the additional supply of skimmed-milk                    2.      The skimmed-milk powder shall meet :
powder as food aid to certain developing countries,                   — as to quality, the requirements set out in the
international organizations and non-governmental                            Annex to this Regulation ,
organizations under the 1976 programme (6), provides
inter alia for 1 300 metric tons of skimmed-milk                      — as to packaging, the requirements set out in
powder to be made available to the Arab Republic of                         Annex I to Commission Regulation (EEC) No
Yemen ;                                                                      1108 /68 of 27 July 1968 on detailed rules for
                                                                             public storage of skimmed-milk powder (7), as last
Whereas this country has . requested the delivery of                        amended by Regulation ( EEC) No 1 457/76 (8).
 1 500 metric tons of skimmed-milk powder ;
                                                                      3 . In addition the successful tenderer shall supply
Whereas Regulation ( EEC) No 1298 / 76 provides in                     5 % empty bags identical to those containing the
Article 2 (2) that, if the amounts of skimmed-milk                    goods .
powder in public stocks do not have the characteris­
tics necessary for their particular destination where                 4. The packaging of the skimmed-milk powder
this requires, in particular, the addition of vitamins,               shall bear the following inscription in letters at least
supply shall be ensured by the buying-in of skimmed­                  one centimetre high :
 milk powder on the Community market ;
                                                                      'Skimmed-milk powder enriched with vitamins A and
(')  OJ No  L 148 , 28 . 6 . 1968 , p . l.V                            D / Gift of the European Economic Community / For
(2)  OJ No  L 67, 15 . 3 . 1976 , p . 9 .                              free distribution '.
(3)  OJ No  L 146, 4 . 6 . 1976 , p . 3 .
(•>) 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 . 34 .
( b) OJ No  L 224, 16 . 8 . 1976, p . 2 .                             ( 8 ) OJ No L 145 , 6 . 6 . 1975 , p . 17 .
 ---pagebreak--- No L 295/ 10                       Official Journal of the European Communities                             26 . 10 . 76
                        Article 2                            in favour of the intervention agency, or of a bank
                                                             guarantee which satisfies the criteria fixed by the
 1.    Delivery shall be effected from the port of           Member State .
Bremen .
2. Delivery at the port of loading shall take place                                  Article 5
on a date fixed by the intervention agency concerned,
which must be after 15 and before 31 December 1976 .         In the light of the tenders received and in accordance
                                                             with the procedure laid down in Article 30 of Regula­
3.     The time limit for the submission of tenders          tion (EEC) No 804/68 a maximum amount, expressed
shall be 9 November 1976 at 12 noon .                        in units of account, shall be fixed or alternatively a
                                                             decision shall be taken to make no award.
                        Article 3
                                                                                     Article 6
 1 . The intervention agencies shall draw up a notice
of invitation to tender which shall be published in the       1.   A tender shall be refused if the price proposed,
 Official Journal of the European Communities not            converted into units of account, is more than the
less than 10 days before the closing date for the            maximum price fixed for the lot in question .
submission of tenders .
                                                             2.    Subject    as  provided   in    paragraph     1,   the
2. 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 to an intervention agency. Interven­       as converted into units of account, are received by a
tion agencies may also authorize the use of telex.           given intervention agency, the award shall be made by
3 . The tender may only be submitted to the inter­           drawing lots. Where such offers are made to different
vention agency of thp Member State on whose terri­           intervention agencies, the award shall be made by the
tory the manufacture of the vitaminized skimmed­             intervention agency selected in accordance with the
milk powder and its packaging, in accordance with            procedure referred to in Article 5.
Article 1 (2), take place.                                   3.    The    intervention   agency shall     immediately
                                                             inform each tenderer whether he has been awarded
4.     A tender shall be valid only if it relates to the
                                                             the contract.
whole of a lot put up for tender.
The tenderer shall specify in his tender for how many        4.    Rights and obligations arising in connection
lots it is valid .
                                                             with the invitation to tender shall not be transferable .
5.     The tender shall indicate, inter alia :               5.    The intervention agencies shall immediately
                                                             communicate to the Commission the tenderer's name
(a) the name and address of the tenderer ;                   and address .
(b) the price, exclusive of taxes, expressed in the
     currency of the Member State in which the tender                                Article 7
     is presented, at which the tenderer undertakes to
     supply, under the stipulated conditions, the entire     1 . The successful tenderer shall deliver at the port
     quantity to which his tender relates.                   designated in Article 2 ( 1 ) and on the date fixed by
                                                             the recipient country the quantity of skimfned-milk
     Such price shall be inclusive of transport insur­       powder meeting the requirements as regards quality
     ance costs to the stage for delivery.                   and packaging laid down in Article 1 (2). Any sched­
6. A tender shall be valid only if the proof is given        ule for instalment deliveries shall be fixed by the recip­
before expiry of the period set for the submission of        ient country's agent in agreement with the successful
                                                             tenderer.
tenders that the security referred to in Article 4 has
been provided.                                               2. The goods shall be regarded as delivered when
7.     No tender may be withdrawn .                          they are deposited at the place of exportation at the
                                                             point designated by the recipient country or its agent.
                        Article 4
                                                                                     Article 8
1 . The tendering and delivery security shall be 20
units of account per metric ton of skimmed-milk              1.    The competent agency of the Member State in
                                                             which the contract is awarded shall check that the
powder.
                                                             skimmed-milk powder in question satisfies the
2.     It shall take the form , at the discretion of the     requirements as to quality and packaging referred to
Member State concerned, either of a cheque made out          in Article 1 (2).
 ---pagebreak--- 26 . 10 . 76                            Official Journal of the European Communities                         No L 295/ 11
2. If the goods are found to satisfy those require­               — Skummetmælkspulver             som       fødevarehjælp
ments the agency shall, as referred to in Article 1 (2) ,              (forordning (EØF) nr. 2584/76) bestemt til levering
provide the successful tenderer with a certificate to                  i havnen i
that effect.
                                                                                          Article 10
3.       Upon delivery of the goods at the port of embar­          1 . Except in cases of force majeure, the tendering
kation, the recipient country's agent shall hand to the           security and delivery shall be released only if :
successful tenderer acting as agent for the Community
a letter of acceptance.                                           (a) the tender has not been accepted ;
                                                                  (b) the tenderer :
This letter shall state that delivery of that quantity of
skimmed-milk powder as well as the empty bags                          — has     not  withdrawn   his  tender   before  the
referred to in Article 1 (3) have been taken at the stage                  contract is awarded,
specified in Article 2 ( 1 ).                                          — has furnished the certificates provided for in
                                                                           Article 8 (2) and (3).
                          Article 9                               2. Release of the security shall take place immedi­
                                                                  ately.
If the tender has been submitted to the intervention
agency of another Member State than that in which
the port of loading is situated the goods shall, on                                       Article 11
completion of the control referred to in Article 8 ( 1 ),
be placed under customs control with the object of                 In cases of force majeure, the intervention agency
ensuring that they are delivered at the port specified            shall decide on the measures to be taken having
in Article 2 ( 1 ).                                                regard to the circumstances invoked.
Proof of delivery to the port of loading can be
                                                                                          Article 12
furnished only by production of the control copy
referred to in Article 1 of Commission Regulation
(EEC) No 2315/ 69 of 19 November 1969 on the use                  The amount referred to in Article 4 (3) (b) shall be
of Community transit documents for the purpose of                  paid only on production of the certificate provided for
applying Community measures for verifying the use                  in Article 8 (2) and (3).
and/or destination of goods ('), as amended by Regula­
tion ( EEC) No 690/73 (2).
                                                                                          Article 13
Sections 101 , 103 and 104 of the control copy shall be
                                                                   Except in cases of force majeure, the successful
completed .
                                                                   tenderer shall accept all financial liability devolving
                                                                   upon the Community by reason of failure to load the
Section 104 shall be completed by deleting as neces­               skimmed-milk powder at the place and in due time,
sary and entering against the second indent one of the             the recipient country having enabled the delivery at
following endorsements :                                           the place and by the time appointed.
— 'Skimmed-milk powder as food aid (Regulation
      ( EEC) No 2584/76) to be delivered at the port               Costs incurred by reason of failure to deliver the skim­
      of . .                                                       med-milk powder as a result of force majeure shall be
                                                                   borne by the competent agency of the Member State
— ' Lait écrémé en poudre à titre d aide alimentaire               concerned .
      (règlément (CEE) n° 2584/76) destiné a être livré
      au port de . .
                                                                                          Article 14
— 'Magermilchpulver als Nahrungsmittelhife (Verord­
      nung (EWG) Nr. 2584/76) zur Lieferung zum
      Hafen von . . . bestimmt',                                   No refund or compensatory amount (whether mone­
                                                                   tary or accession) shall be applicable in respect of the
— ' Latte scremato in polvere a titolo di aiuto aimen­             skimmed-milk powder supplied under this Regula­
      tare ( regolamento (CEE) n . 2584/76) destinato ad           tion .
      essere consegnato nel porto di . . .',
— Magere-melkpoeder als voedselhulp verordening
      (EEG) nr, 2584/76) bestemd om te worden gele­                                       Article 15
      verd in de haven van . . .',
                                                                   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 295/ 12                        Official Journal of the European Communities                             26 . 10 . 76
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 22 October 1976 .
                                                                           For the Commission
                                                                             P. J. LARDINOIS
                                                                      Member of the Commission
                                                        ANNEX
           Skimmed-milk powder requirements
           (a) fat content :                                   1 -5 /o maximum
           (b) water content :                                4-0 % maximum
           (c) total acidity in lactic acid :                 0-1 5 % 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 ( 1 5-0 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
                                                               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