CELEX: 31976R3016
Language: en
Date: 1976-12-13 00:00:00
Title: Commission Regulation (EEC) No 3016/76 of 13 December 1976 on the repetition of the invitation to tender for the supply to the Catholic Relief Service and to UNICEF for use as food aid of vitaminized skimmed-milk powder to be purchased on the Community market

14. 12. 76                              Official Journal of the European Communities                         No L 344/ 19
                                    COMMISSION REGULATION (EEC) No 3016/76
                                                      of 13 December 1976
               on the repetition of the invitation to tender for the supply to the Catholic Relief
               Service and to UNICEF for use as food aid of vitaminized skimmed-milk
                                   powder to be purchased on the Community market
THE COMMISSION OF THE EUROPEAN                                      Whereas the measures provided for in this Regulation
 COMMUNITIES,                                                      are in accordance with the opinion of the Manage­
                                                                    ment Committee for Milk and Milk Products,
Having regard to the Treaty establishing the European
 Economic Community,
                                                                    HAS ADOPTED THIS REGULATION :
 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 559/76 (2), and in                                          Article 1
 particular Article 7 (5) thereof,
                                                                    1.    Tenders shall be invited in accordance with the
 Having regard to Council Regulation (EEC) No                       provisions of Regulations (EEC) No 1298 /76, (EEC)
 1298/76 of 1 June 1976 laying down general rules for               No 2025/76 and (EEC) No 2018/76, for the costs of
 the supply of skimmed-milk powder under the 1976                  delivery to the Catholic Relief Service and to
food-aid programme to certain developing countries                  UNICEF of respectively 500 metric tons and 2 524
and certain international organizations (3), as amended             metric tons of vitaminized skimmed-milk powder
by Regulation (EIjC) No 201 7/76 (4), and in particular            bought on the Community market and divided into
Article 6 thereof,                                                 the lots and destinations mentioned in Annex I to
                                                                   this Regulation .
Whereas, in pursuance to Council Regulation (EEC)
 No 2025/76 of 27 July 1976 for the emergency                       2. Delivery shall be effected to the ports of
                                                                   unloading included as well in Annex I.
supply of skimmed-milk powder to the Catholic
Relief Service for distribution to certain sections of
the population of Chile, as food aid, pursuant to Regu­            3.     Embarkation shall take place as soon as possible
lation (EEC) No 1 299/76 (5), and to Council Regula­               and not later than 10 March 1977 .
tion (EEC) No 2018/76 of 27 July 1976 on the addi­
tional supply of skimmed-milk powder as food aid to                4.     The skimmed-milk powder shall meet :
certain developing countries, international organiza­
tions and non-governmental organizations under the                 — as to quality, the requirements set out in Annex II
 1976 programme (6), Commission Regulation (EEC)                        to this Regulation,
 No 2573/76 of 22 October 1976 (7), has provided inter
alia for an invitation to tender for the delivery of 500           — as to packing, the requirements set out in the
metric tons of vitaminized skimmed-milk powder to                       Annex to Commission Regulation (EEC) No
the Catholic Relief Service and 2 524 metric tons to                    1 108/68 of 27 July 1968 on detailed rules on appli­
UNICEF ; whereas the invitation to tender for these                     cation for intervention for public storage of skim­
quantities has been cancelled and it would therefore                    med-milk powder (8), as last amended by Regula­
be advisable to proceed to a new invitation to tender                   tion (EEC) No 1 457/75 (9).
for the quantities in question ;
                                                                   5. The packing of the skimmed-milk powder shall
Whereas the procedure to be adopted for this                       bear in letters at least 1 cm high, the marking speci­
                                                                   fied in Annex I.
tendering should in the main be the procedure used
in Regulation (EEC) No 2573/76 ;
                                                                   6. The successful tenderer shall supply a further
(■) OJ  No  L 148 , 28 . 6. 1968 , p. 13 .                         5 % of empty bags identical to those containing the
(2) OJ  No  L 67, 15. 3 . 1976, p. 9 .                             goods. He shall undertake to have these bags
(3) OJ  No  L 146, 4. 6. 1976, p. 3 .                              mentioned on the bill of lading.
(«) OJ  No  L 224, 16 . 8 . 1976, p. 1 .
(5) OJ  No  L 224, 16. 8 . 1976, p . 10.
(6) OJ  No  L 224, 16. 8 . 1976, p. 2.                             (8) OJ No L 184, 29 . 7. 1968 , p. 34.
(7) OJ  No  L 293, 23 . 10 . 1976, p. 14.                           9 OJ No L 145, 6. 6. 1975, p . 17.
 ---pagebreak--- No L 344/20                          Official Journal of the European Communities                            14. 12. 76
                         Article 2                             tion (EEC) No 804/68 a maximum price, expressed in
                                                               units of account, shall be fixed or alternatively a deci­
1 . The intervention agencies shall draw up a notice           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                                         Article 6
submission of tenders.
                                                                1.     A tender shall be refused if the price proposed,
2. The closing date for the submission of tenders               converted into units of account, is more than the
shall be 11 January 1977 at 12 noon .                           maximum price fixed for the lot in question .
                          Article J                             2.     Subject    as   provided   in paragraph   1,  the
                                                                successful    tenderer shall be the one whose offer
 1 . Tenders, which shall be in writing, shall be               converted into units of account, is the lowest. Where
submitted either by delivery by hand to an interven­            two or more valid offers specifying identical amounts,
tion agency against acknowledgement of receipt or by            as converted into units of account, are received by a
registered letter addressed to an intervention agency.          given intervention agency, the award shall be made by
 Intervention agencies may also authorize the use of            drawing lots. Where such offers are made to different
telex.                                                          intervention agencies, the award shall be made by the
                                                                intervention agency selected in accordance with the
 2. A tender shall only be valid if it relates to the           procedure referred to in Article 5.
whole of a lot put up to tender. As regards the lots
 indicated by the letter 'F', the tenderer shall specify        3.     The     intervention   agency shall  immediately
 for how many lots his tender is valid. As regards the          inform each tenderer whether he has been awarded
 other lots a tender may only relate to one lot.                the contract.
 3.     The tender shall indicate inter alia :                  4.      Rights and obligations arising in connection
                                                                with the invitation to tender shall not be transferable .
 (a) the name and address of the tenderer ;
 (b) the port or ports of loading, chosen from among             5.    The intervention agencies shall immediately
      Community ports ;                                          inform the Commission of the name and address of
 (c) the price, exclusive of taxes, expressed in the             the successful tenderer.
      currency of the Member State in which the tender
      is presented, at which the tenderer undertakes to                                    Article 7
      supply, in accordance with the specifications laid
      down, the entire quantity being the subject of its         1 . The successful tenderer shall deliver a quantity
      tender.
                                                                 of skimmed-milk powder satisfying the requirements
      Such price shall be inclusive of transport insur­          as to quality and packaging referred to in Article 1 (4).
      ance costs to the stage referred for delivery.
                                                                 2. Delivery at the port of unloading shall be
  4. A tender shall be valid only if proof is given              completed when the goods are actually deposited on
  before expiry of the period set for the submission of          the quayside or on board a lighter at the port of
  tenders that the security referred to in Article 4 has         unloading.
  been provided.
                                                                 3 . The recipient organization shall bear all expendi­
  5.    No tender may be withdrawn.                              ture incurred after delivery, including acceptance
                                                                 costs .
                          Article 4
                                                                                           Article 8
  1 . The tendering and delivery securities shall be 20
  units of account per metric ton of skimmed-milk                Any demurrage costs at the port of unloading attribu­
  powder.                                                         table to the recipient shall be borne by it. The rates
  2.     It shall take the form, at the discretion of the         and other details concerning such costs shall be laid
                                                                  down in the contract between the successful tenderer
  Member State concerned, either of a cheque made out
  in favour of the intervention agency, or of a bank              and the carrier and must have been previously agreed
  guarantee which satisfies the criteria fixed by the             upon by the successful tenderer acting as Community
  Member State .                                                  agent and the recipient's delivery agent.
                           Article 5                                                       Article 9
   In the light of the tenders received and in accordance          1.    The intervention agency concerned shall as soon
  with the procedure laid down in Article 30 of Regula­           as possible notify the recipient body of the name of
 ---pagebreak--- 14. 12. 76                         Official Journal of the European Communities                          No L 344/21
the vessel, the date of loading, the quantity and the        the purpose of applying Community measures for veri­
quality of the goods as recorded at time of loading          fying the use and/or destination of goods (*), as
and the port of unloading.                                   amended by Regulation (EEC) No 690/73 (2).
2. The successful tenderer shall inform the recip­           Sections 101 , 103 and 104 of the control copy shall be
ient at least 10 clear days in advance of the expected       completed.
date of arrival of the ship in the port of unloading.
The successful tenderer shall have included in the           Section 104 shall be completed by deleting as neces­
terms of the charter-party a provision stipulating that      sary and entering against the second indent one of the
the ship's captain shall inform the recipient at least 72    following endorsements :
hours in advance of the ship's probable date of arrival
in port.                                                     — 'Delivery of skimmed-milk powder as food aid
                                                                  (Regulation (EEC) No 3016/76) to be shipped
                                                                  from the port of . . .' ;
                                                             — ' Livraison de lait écrémé en poudre à titre d aide
                       Article 10                                 alimentaire (règlement (CEE) n0 3016/76) destinée
                                                                  à être embarquée au port de . . .' ;
1.    The competent agency of the Member State in            — ' Lieferung von Magermilchpulver als Nahrungsmit­
which the contract is awarded shall check that the                telhilfe (Verordnung (EWG) Nr. 3016/76) zur Ver­
skimmed-milk powder in question satisfies require­                schiffung im Hafen von . . . bestimmt' ;
ments as to quality and packaging laid down in               — Fornitura di latte scremato in polvere a titolo di
Article 1 (4).                                                    aiuto alimentare (regolamento (CEE) n . 3016/76)
                                                                  destinata ad essere imbarcata nel porto di . . .' ;
2. If the goods are found to satisfy those require­          — Levering van magere-melkpoeder als voedselhulp
ments, the agency shall, before completion of the                 (Verordening (EEG) nr. 3016/76) bestemd om te
customs formalities referred to in Article 11 ( 1 ),              worden verscheept in de haven van . . .' ;
provide the successful tenderer with a certificate to
that effect.                                                 — Levering af skummetmælkspulver som fødeva­
                                                                  rehjælp (forordning (EØF) nr. 3016/76) bestemt til
                                                                  lastning i havnen i
3. On delivery the recipient organization shall issue
a certificate proving taking delivery of the goods,
stating that the delivery of that quantity of skimmed­                                Article 12
milk as well as the empty bags referred to in Article 1
(6) have been taken at the stage specified in Article 1
(2)-                                                          1 . Except in cases of force majeure, the tendering
                                                             and delivery securities shall be released only if :
                                                             (a) the tender has not been accepted ;
                       Article 11                            (b) the tenderer :
                                                                  — has     not  withdrawn     his  tender before   the
1.    Customs export formalities shall be carried out                 contract is awarded,
in the Member State in which the award of contract is
                                                                  — has furnished the certificates specified in
made.
                                                                      Article 10 (2) and (3).
2.    If the port of loading specified in the tender is      2. Release of the security shall take place immedi­
situated in a Member State other than that in which          ately.
the customs export formalities     are carried out, the
goods shall, on completion of      such formalities, be
placed under customs control        with the object of                                Article 13
ensuring that they are loaded at   the port specified in
the tender.
                                                             In cases of force majeure, the intervention agency
                                                             shall decide on the measures to be taken having
Proof of loading can be furnished only by production         regard to the circumstances invoked.
of the control copy referred to in Article 1 of Commis­
sion Regulation (EEC) No 2315/69 of 19 November              (') OJ No L 295, 24. 11 . 1969, p. 14.
1969 on the use of Community transit documents for           (2) OJ No L 66, 13 . 3 . 1973, p. 23 .
 ---pagebreak---  No L 344/22                             Official Journal of the European Communities                                       14. 12. 76
                             Article 14                                    borne by the competent agency of the Member State
                                                                           in which the award of contract is made .
 The amount referred to in Article 3 (3) (c) shall be
 paid only on production of the certificates provided
                                                                                                  Article 16
 for in Article 10 (2) and (3).
                                                                           No refund or compensatory amount (whether mone­
                             Article 15
                                                                           tary or accession) shall be applicable in respect of
 Except in cases of force majeure, the successful                          skimmed-milk powder " supplied under this Regula­
                                                                           tion .
 tenderer shall accept all financial liability devolving
 upon the Community by reason of failure to load the
 skimmed-milk powder by the date specified in Article                                             Article 17
 1 (3).
                                                                           This Regulation shall enter into force on the day
 Costs incurred by reason of failure to deliver the skim­                  following its publication in the Official Journal of
 med-milk powder as a result of force majeure shall be                     the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 13 December 1976 .
                                                                                    For the Commission
                                                                                      P.J. LARDINOIS
                                                                                  Member of the Commission
                                                             ANNEX I
                      Designation                                   Date
      Recipient                          Quantity ,
                            of         (metric tons)          of embarkation                         Marking on the packing
        agency
                         each lot                               at the latest
Catholic Relief      A                     130        Coquimbo (Chile)                   Leche en polvo vitaminado / Donación de la
Service                                                                                  Comunidad Económica Europea para Cath­
                      B                    171        Valparaiso (Chile)                 wel Chile / Destinado a la distribución gra­
                     C                     199        Talcahuano (Chile)                 tuita
UNICEF                D                    500        Haiphong (Viêt-nam)               Lait écrémé en poudre vitaminé / Don de la
                      E                    524        Haiphong (Viêt-nam)               Communauté économique européenne / Ac­
                                                                                        tion de l'UNICEF
UNICEF               F'                    500        Luanda (Angola)
                                                                                        Leite desnatado em" pó com vitaminas A
                     F"                    500        Luanda (Angola)                   y D / Dom da Comunidade económica
                     F"'                   500        Luanda (Angola)                   Europeia / Acção do UNICEF
 ---pagebreak--- 14. 12. 76                          Official Journal of the European Communities                         No L 344/23
                                                         ANNEX II
                                           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 01 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