CELEX: 31976R2076
Language: en
Date: 1976-08-23
Title: Commission Regulation (EEC) No 2076/76 of 23 August 1976 concerning the repetition of the issue of an invitation to tender for the supply to Somalia for use as food aid of vitaminized skimmed-milk powder to be purchased on the Community market

No L 233/ 14                              Official Journal of the European Communities                              24. 8 . 76
                                     COMMISSION REGULATION ( EEC) No 2076/76
                                                        of 23 August 1976
               concerning the repetition of the issue of an invitation to tender for the supply to
               Somalia for use as food aid of vitaminized skimmed-milk powder to be
                                             purchased on the Community market
THE COMMISSION OF THE EUROPEAN                                      Whereas Somalia has introduced a new request for the
COMMUNITIES,                                                        supply of the quantity in question ; whereas it is there­
                                                                    fore necessary to issue a new invitation to tender for
Having regard to the Treaty establishing the European               this delivery of skimmed-milk powder and its
Economic Community,                                                  forwarding by applying the rules provided for in Regu­
                                                                     lation (EEC) No 917/75 ;
Having regard to Council Regulation (EEC) No                         Whereas the measures provided for in this Regulation
804/68 of 27 June 1968 on the common organization                    are in accordance with the opinion of the Manage­
of the market in milk and milk products ('), as last                 ment Committee for Milk and Milk Products ,
amended by Regulation (EEC) No 559/76 (2), and in
particular Article 7 (5) thereof,
Having regard to Council Regulation ( EEC) No                        HAS ADOPTED THIS REGULATION :
1826/74 of 11 July 1974 laying down the general
rules for the supply of skimmed-milk powder as food
aid to certain developing countries and international                                          Article 1
organizations (3), and in particular Article 6 thereof,
                                                                      1.    Tenders    shall  be  invited in accordance with
Whereas Council Regulation (EEC) No 410/75 of 17                     Regulation ( EEC) No 1827/74 for the cost of a lot of
February 1975 on the supply of skimmed-milk                          710 metric tons of vitaminized skimmed-milk powder
powder as food aid to Somalia under Regulation ( EEC)                to be delivered cif Mogadishu .
No 1 826/74 (4), makes provision for 710 metric tons
of skimmed-milk powder to be made available to this                  2. The skimmed-milk powder shall meet the
country and to be taken from the 6 000 metric tons to                 requirements as to quality and packaging set out in
be kept in reserve pursuant to Council Regulation                    the Annex to this Regulation .
( EEC) No 1827/74 of 11 July 1974 on the supply of
skimmed-milk powder as food aid to certain deve­                      3.      Loading shall take place as soon as possible and
loping countries and international organizations (5) ;                at all events by 10 October 1976 .
whereas Somalia has applied for the supply of the
abovementioned quantity of vitaminized skimmed­
milk powder ;
                                                                                                Article 2
Whereas, further to the request of Somalia, the                       1 . The intervention agencies shall frame a notice of
delivery of the abovementioned quantity of vitami­                    invitation to tender which shall be published in the
nized skimmed-milk powder has been the subject of                     Official Journal of the European Communities not
the invitation to tender provided for in Commission                   less than 10 days before the closing date for the
Regulation ( EEC) No 917/75 of 2 April 1975                           submission of tenders .
concerning the issue of an invitation to tender for the
supply to Somalia for use as food aid of skimmed­
                                                                      2 . The closing date for the submission of tenders
 milk powder to be purchased on the Community
 market (6) ; whereas, however, the vitaminized skim­
                                                                      shall be 7 September 1976 at 12 noon .
 med-milk powder to which this invitation to tender
 relates, was definitively lost before its arrival at destina­
 tion and acceptance by the recipient country at the                                            Article 3
 stage designated for delivery ;
                                                                       1 . Tenders, which shall be in writing, shall be
  ')  OJ No L  148 , 28 . 6 . 1968 , p. 13 .                          submitted either by delivery by hand to an interven­
  -') OJ No L  67, 15. 3 . 1976 , p. 9 .                              tion agency against acknowledgement of receipt or by
  3)  OJ No L  190 , 13 . 7 . 1974, p. 20 .
  4)  OJ No  L 47 , 21 . 2 . 1975, p. 4 .                             registered letter addressed to an intervention agency.
  5)  OJ No  L 190 , 13 . 7 . 1974, p. 22 .                            Intervention agencies may also authorize the use of
  b)  OJ No  L 89 , 10 . 4. 1975, p. 9 .                              telex .
 ---pagebreak--- 24 . 8 . 76                         Official Journal of the European Communities                          No L 233 / 15
2.     The tender shall indicate inter alia :                 as converted into units of account, are received by a
                                                              given intervention agency, the award shall be made by
(a) the name and address of the tenderer ;                    drawing lots . Where such offers are made to different
                                                              intervention agencies, the award shall be made by the
(b) the port or ports of loading, chosen from among           intervention agency selected in accordance with the
     Community ports ;                                        procedure referred to in Article 5.
(c) the price, exclusive of taxes, expressed in the
     currency of the Member State in which the tender         3.     The    intervention   agency   shall  immediately
     is presented at which the tenderer undertakes to         inform each tenderer whether he has been awarded
     supply in accordance with the specifications laid        the contract .
     down in the Annex, the entire quantity of skim­
     med-milk powder to which the invitation to               4.     Rights and obligations arising in connection
     tender relates .                                         with the invitation to tender shall not be transferable .
Such price shall be inclusive of transport insurance
costs to the stage stipulated in Article 1 ( 1 ).                                      Article 7
3.     A tender shall be valid only if :                       1 . The successful tenderer, acting in accordance
(a) it relates to the entire quantity put out to tender ;     with the provisions of Article 1 , shall deliver a quan­
                                                              tity of skimmed-milk powder as specified in the
                                                              contract awarded .
(b) proof is given before expiry of the period set for
     the submission of tenders that the security referred
     to in Article 4 has been provided .                      The successful tenderer shall also supply a further
                                                               5 % of empty bags identical to those containing the
4.      No tender may be withdrawn .                          goods . He undertakes to have these bags mentioned
                                                              on the bill of lading.
                         Article 4                             2.    Delivery cif shall be completed when the goods
                                                               are actually deposited on the quayside or on board a
 1 . The tendering security shall be 20 units of               lighter.
account per metric ton of skimmed-milk powder.
2.      It shall take the form , at the discretion of the                               Article 8
Member State concerned , either of a cheque made out
in favour of the intervention agency, or of a bank             Any demurrage costs at the port of unloading attribu­
guarantee which satisfies the criteria fixed by the            table to the recipient country shall be borne by it. The
Member State .                                                 rates and other details concerning such costs shall be
                                                               laid down in the contract between the Community
                                                               agent and the carrier and must have been previously
                         Article 5                             agreed upon by that agent and the delivery agent of
                                                               the recipient country.
In the light of the tenders received and in accordance
with the procedure laid down in Article 30 of Regula­
tion ( EEC) No 804/ 68 a maximum price, expressed in                                    Article 9
units of account, shall be fixed or alternatively a deci­
sion shall be taken to make no award .
                                                               1.    The intervention agency concerned shall as soon
                                                               as possible notify the recipient country of the name of
                                                               the vessel , the date of loading, the quantity and the
                         Article 6                             quality of the goods as recorded at the time of loading
                                                               and the port of unloading.
 1.    A tender shall be refused if the price proposed
converted into units of account, is more than the              2.    The successful tenderer shall inform the recip­
 maximum price fixed for the purposes of the invita­           ient country at least 10 clear days in advance of the
tion to tender .                                               expected date of arrival of the ship in the port of
                                                               unloading. The successful tenderer shall have included
2.      Subject   as  provided   in   paragraph    1, the      in the terms of the charter party a provision stipu­
successful tenderer shall be the one whose offer,              lating that the ship's captain shall inform the recip­
converted into units of account , is the lowest . Where        ient country at least 72 hours in advance of the ship's
two or more valid offers specifying identical amounts,         probable date of arrival in port .
 ---pagebreak--- No L 233 / 16                        Official Journal of the European Communities                               24. 8 . 76
                         Article 10                            — ' Levering af skummetmælkspulver som fødeva­
                                                                    rehjælp (forordning (EØF) nr. 2076/76) bestemt til
1.    The competent agency of the Member State in                   lastning i havnen i . . .'.
which the contract is awarded shall check that the
skimmed-milk powder in question satisfies the                                           Article 12
requirements as to quality and packaging laid down in
the Annex .
                                                                1.     Except in cases of force majeure, the tendering
                                                               security shall be released only if :
2. If the goods are found to satisfy those require­
ments, the agency shall , before completion of the             (a) the tender has not been accepted ;
customs formalities referred to in Article 11 ( 1 ),
provide the successful tenderer with a certificate to          (b) the tenderer :
that effect.                                                        — has     not   withdrawn     his tender  before    the
                                                                         contract is awarded ,
3 . On delivery, the recipient country shall issue a                — has furnished the proof, as in refunds matter,
certificate stating that delivery of that quantity of skim­              of the exit out of the geographical area of the
med-milk powder has been taken at the stage speci­                       Community.
fied in Article 1 ( 1 ).
                                                               2.      Release of the security shall take place immedi­
                                                               ately.
                         Article 11
                                                                                        Article 13
1.     Customs export formalities shall be carried out
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
                                                                regard to the circumstances invoked .
2.     If the port of loading specified in the tender is
situated in a Member State other than that in which
the customs export formalities        are carried out, the                              Article 14
goods shall , on completion of        such formalities, be
placed under customs control          with the object of       The amount referred to in Article 3 (2) (c) shall be
ensuring that they are loaded at      the port specified in     paid only on production of the certificates provided
the tender.                                                     for in Article 10(2) and (3).
Proof of loading can be furnished only by production                                    Article 15
of the control copy referred to in Article 1 of Regula­
tion (EEC) No 2315/69 .                                         Except in cases of force majeure, the successful
                                                               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 (3).
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 2076/ 76) to be shipped
    from the port of . . .',
                                                                                        Article 16
— ' Livraison de lait écrémé en poudre à titre d aide
    alimentaire (règlement (CEE) n° 2076/76) destinée
    à être embarquée au port de . .
                                                                On request of the Commission nominating a port
                                                               other than that provided for in Article 1 ( 1 ), the inter­
— Lieferung von Magermilchpulver als Nahrungs­                 vention agency in question may in agreement with
    muttelhilfe (Verordnung ( EWG) Nr. 2076/76) zur             the    successful   tenderer    have  the  skimmed-milk
    Verschiffung im Hafen von . . . bestimmt',                  powder delivered to the new nominated port.
— Fornitura di latte scremato in polvere a titolo di
    aiuto alimentare (regolamento (CEE) n . 2076/76)            In such case the intervention agency in question is to
    destinata ad essere imbarcata nel porto di . .
                                                                agree with the successful tenderer any cost reduction
                                                                or increase against the costs originally agreed .
— Levering van magere-melkpoeder als voedselhulp
    (Verordening (EEG) nr. 2076/ 76) bestemd om te             The intervention agency shall forthwith communicate
    worden verscheept in de haven van . .                       to the Commission the agreed new amount of costs .
 ---pagebreak--- 24. 8 . 76                      Official Journal of the European Communities                       No L 233/ 17
                     Article 17                                                   Artide 18
No refund or compensatory amount (whether mone­
tary or accession) shall be applicable in respect of       This Regulation shall enter into force on the day
skimmed-milk powder supplied under this Regula­            following its publication in the Official Journal of
tion .                                                     the European Communities.
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 23 August 1976.
                                                                    For the Commission
                                                                       Henri SIMONET
                                                                        Vice-President
 ---pagebreak--- No L 233/ 18                         Official Journal of the European Communities                                 24. 8 . 76
                                                           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 ( 150 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 : vitamin A :               2 500 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/ m 2 or one
                         Kraft paper bag with a polyethylene lining of a strength representing at least 70 g + 15
                         g/ m 2 ;
                    — one polyethylene inner bag at least 0 08 mm thick, welded or double-bound .
                (c) The packaging of the skimmed-milk powder shall bear, in letters at least 1 cm high, the
                     following inscription :
                    'Skimmed-milk powder with vitamin A 2 500 i.u./ 100 g — Gift of the European Economic
                     Community to Somalia — For free distribution .'