CELEX: 31976R1447
Language: en
Date: 1976-06-23 00:00:00
Title: Commission Regulation (EEC) No 1447/76 of 22 June 1976 on the invitation to tender for the costs of delivery of skimmed-milk powder as food aid to UNRWA

No L 161 / 14                               Official Journal of the European Communities                               23 . 6 . 76
                                     COMMISSION REGULATION ( EEC) No 1447/ 76
                                                            of 22 June 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                                        Whereas the tendering procedure should for the main
COMMUNITIES,                                                           point be retained as the procedure determined at the
                                                                       present time for similar cases ;
Having regard to the Treaty establishing the European
Economic Community,                                                   Whereas the measures provided for in this Regulation
                                                                       are in accordance with the opinion of the Manage­
                                                                       ment Committee for Milk and Milk Products ,
Having regard to Council Regulation ( EEC) No
804/68 of 27 June 1968 on the common organization
of the market in milk and milk products ('), as last
amended by Regulation ( EEC) No 5.59/76 (2 ), and in                   HAS ADOPTED THIS REGULATION :
particular Articles 7 (5) and 28 thereof,
Whereas Council Regulation ( EEC) No 1348 /75 of 26                                                Article 1
May 1975 on the supply of skimmed-milk powder as
food aid to certain developing countries and interna­                  1.      Tenders shall be invited in accordance with the
tional organizations under the 1975 programme (3 ),
                                                                       provisions of Regulations ( EEC) No 1347/75, (EEC)
makes provisions, inter alia, for 2 000 metric tons of
                                                                       No 1348 /75, ( EEC) No 1298 /76 and ( EEC) No
skimmed-milk powder to be made available to the
                                                                       1299/76, for the costs of delivery CIF Ashdod
United Nations Relief and Works Agency, hereinafter
called ' UNRWA' ;                                                      pursuant to Article 5 to UNRWA of a lot of 800
                                                                       metric tons of skimmed-milk powder bought in under
                                                                       Article 7 ( 1 ) of Regulation ( EEC) No 804/68 , and held
Whereas Council Regulation (EEC) No 1299/76 of 1                       by the Belgian intervention agency.
June 1976 on the supply of skimmed-milk powder as
food aid to certain developing countries and interna­                  2.      At the time it is withdrawn from stock, the skim­
tional organizations under the 1976 programme ^),                      med-milk powder shall , as to quality, satisfy the
makes provisions, inter alia, for 700 metric tons of                   requirements laid down in Annex 1 to Commission
skimmed-milk powder to be made available to                            Regulation ( EEC) No 1108 / 68 of 27 July 1968 on
UNRWA ;                                                                detailed rules of application for the public storage of
                                                                       skimmed-milk powder ( 7), as last amended by Regula­
Whereas, UNRWA has requested the delivery of a lot                     tion ( EEC) No 1457/ 75 (8).
of 800 metric tons of skimmed-milk powder, of which
 100 metric tons can still be delivered pursuant to                    The conditions for packing are laid down in the
Regulation (EEC) No 1348 /75, while the remaining                      Annex to this Regulation .
quantity of 700 metric tons must be supplied in
respect of Regulation ( EEC) No 1299 / 76 ;                            3 . The intervention agency shall supply a further
                                                                       2 % empty bags identical to those containing the
Whereas under Article 5 of Council Regulation (EEC)                    goods . The successful tenderer undertakes to have
No 1347/75 of 26 May 1975 laying down general                          these bags mentioned on the bill of lading.
rules for the supply of skimmed-milk powder as food
aid to certain developing countries and international                  4. Loading shall take place as soon as possible and
organizations under the 1975 programme (5), and                        not later than 10 August 1976.
under Article 5 of 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                                                   Article 2
certain developing countries and international organi­
zations, under the 1976 programme (6), such supplies                    1.     The Belgian intervention agency shall draw up
are as a rule to be put out to tender ;                                the notice of invitation to tender, which shall be
                                                                       published in the Official Journal of the European
(')  OJ No L  148 , 28 . 6 . 1968 , p . 13 .                            Communities not less than 10 days before the closing
(2 ) OJ No L  67 , 15 . 3 . 1976, p . 9 .                              date for the submission of tenders .
(J ) OJ No L  138 , 29 . 5 . 1975 , p . 3 .
(4 ) OJ No L  146, 4. 6 . 1976 , p . 5 .
(5)  OJ No L  138 , 29 . 5 . 1975, p . 1 .                             ( 7) OJ No L 184, 29 . 7 . 1968 , p . 34.
(b)  OJ No L  146 , 4 . 6 . 1976, p . 3 .                              ( 8 ) OJ No L 145 , 6 . 6 . 1975 , p . 17 .
 ---pagebreak--- 23 . 6 . 76                         Official Journal of the European Communities                            No L 161 / 15
2. The closing date for the submission of tenders             concerning such costs shall be laid down in the
shall be 6 July 1976 at 12 noon .                             contract     between   the  successful   tenderer and    the
                                                              carrier and must have been previously agreed upon
3.     The intervention agency shall indicate in its          between the former and the delivery agent of the recip­
notice     the  warehouses    where   the  skimmed-milk       ient .
powder is held .
                                                              3.      Except in cases of force majeure every successful
                                                              tenderer shall accept all financial liability devolving
                         Article 3
                                                              upon the Community by reason of failure to deliver
                                                              the skimmed-milk powder at the place and by the
1 . Tenders, which shall be in writing, shall be              time appointed, provided always that UNRWA has
submitted either by delivery by hand to the interven­         made it possible for the skimmed-milk powder to be
tion agency against acknowledgment of receipt or by           so delivered . Costs incurred by reason of failure to
registered letter addressed to the intervention agency.       deliver the skimmed-milk powder as a result of force
                                                               majeure shall be borne by the Belgian intervention
2.     Each tender shall indicate only one lot.
                                                              agency .
3.     The tender shall indicate :
(a) the name and address of the tenderer ;                                               Article 6
(b) the amount, expressed in Belgian francs, for which
     the tenderer undertakes to deliver the skimmed­           In the light of the tenders received and in accordance
     milk 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 :
(a) it relates to the whole of the lot to which the invita­    1.     A   tender   shall  be   refused   if  the   amount
     tion to tender relates ;                                  proposed, converted into units of account, is more
(b) proof is furnished that before the time limit for          than the maximum fixed for the lot in question .
     submission of tenders is expired, the tenderer has
     given the security fixed in Article 4.                    2.     Without prejudice to the provisions of paragraph
                                                               1 , the successful tenderer shall for each lot be the one
5.     The tender may not be withdrawn .                       making the lowest offer. Where two or more valid
                                                               offers specify amounts which when converted into
                                                               units of account are identical , the award shall be made
                         Article 4                             by drawing lots .
 1 . The security required for the invitation to tender        3.     Each tenderer shall be immediately notified by
shall be two units of account per metric ton of skim­          the intervention agency of the result of his participa­
med-milk powder.                                               tion   in  the  invitation  to tender. The     intervention
                                                               agency concerned shall immediately inform the
2.      It shall take the form , at the option of the          Commission of the          name     and   address   of  the
Member State concerned, either of a cheque made out            successful tenderers .
 in favour of the intervention agency, or of a bank
guarantee which satisfies the criteria laid down by the        4.     Rights and obligations arising in connection
Member State .
                                                               with the invitation to tender shall not be transferable .
                         Article 5
                                                                                         Article 8
 1.     Delivery costs shall be the costs incurred up to
 the time when the goods are deposited on the quay­            When the successful tenderer takes delivery of the
side or on board lighters, if used, all costs subsequent       skimmed-milk powder, he shall ensure that the quan­
to delivery, including costs of taking delivery, to be         tity handed over corresponds to the quantity to be de­
borne by the recipient.                                        livered .
 2.     Any demurrage costs at the port of unloading in        Furthermore, he shall ensure that the packing of the
 respect of delays attributable to the recipient shall be      skimmed-milk powder satisfies the requirements laid
chargeable to the latter. The rates and other details          down in Article 1 (2).
 ---pagebreak--- No L 161 / 16                       Official Journal of the European Communities                             23 . 6 . 76
                         Article 9                            (a) the tender has not been accepted ;
The Belgian Government shall :                                (b) the tenderer :
                                                                   — has not withdrawn his tender before the deci­
1 . ensure that the successful tenderer shall :
                                                                      sion awarding the tender,
    (a) notify the recipient, as soon as possible after the        — has furnished the certificate provided for in
        goods have been loaded on board ship, of                      Article 10 (2).
        details of the ship, the loading date, the quan­
        tity and quality of the goods as recorded on          2.    The security shall be released immediately.
        shipment and the port of unloading ;
    (b) at least 10 clear days in advance, inform the         3 . In cases of force majeure the intervention agency
        recipient of the expected date of arrival at the      selling the skimmed-milk powder shall decide on the
        port of ship's unloading ;                             measures to be taken having regard to the circum­
                                                              stances invoked .
    (c) have included in the terms of the charter party
        a provision stipulating that the ship's captain
        shall, at least 72 hours in advance, notify the                               Article 12
        recipient of the ship's probable date of arrival
        in port ;
                                                               The intervention agency shall pay to the successful
2. send to the Commission as soon as possible the              tenderer the amount stated in his tender upon produc­
    information specified in paragraph 1 (a) and (b).          tion of the certificate referred to in Article 10 (2).
                         Article 10
                                                                                      Article 13
1 . The goods shall be regarded as delivered cif
when they are deposited on the quayside in the port            No refund or compensatory amount (whether mone­
of unloading or on board lighters, if used .                   tary or accession) shall be applied in respect of the
                                                               skimmed-milk powder to which this Regulation
2. On delivery in accordance with paragraph 1                  applies.
UNRWA shall issue a certificate declaring that the
skimmed-milk powder has been delivered .
                                                                                      Article 14
                         Article 11
                                                               This Regulation shall enter into force on the third day
 1.    Save in the case of force majeure, the tendering        following its publication in the Official Journal of
security shall be released only if :                           the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 22 June 1976.
                                                                         For the Commission
                                                                           P.J. LARDINOIS
                                                                    Member of the Commission
 ---pagebreak--- 23 . 6. 76                          Official Journal of the European Communities                             No L 161 / 17
                                                          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 -I- 15
                 g/m 2 ;
                 three Kraft paper bags of a strength representing at least 70 g/m 2 ;
                 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/m 2 ;
                 one Kraft paper bag with a polyethylene layer of a strength representing at least 70 g 4- 15
                 g/m 2 ;
                 two Kraft paper bags of a strength representing at least 70 g/m2 ;
                 one polyethylene inner bag at least 012 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.'