CELEX: 31976R3015
Language: en
Date: 1976-12-13 00:00:00
Title: Commission Regulation (EEC) No 3015/76 of 13 December 1976 concerning the repetition of an issue of an invitation to tender for the supply to the Arab Republic of Egypt 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/ 15
                                 COMMISSION REGULATION (EEC) No 3015/76
                                                    of 13 December 1976
             concerning the repetition of an issue of an invitation to tender for the supply to
             the Arab Republic of Egypt for use as food aid of vitaminized skimmed-milk
                                powder to be purchased on the Community market
THE COMMISSION OF THE EUROPEAN                                   HAS ADOPTED THIS REGULATION :
COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community,                                                                      Article 1
Having regard to Council Regulation (EEC) No                      1.    Tenders shall be invited in accordance with the
804/68 of 27 June 1968 on the common organization                provisions of Regulations (EEC) No 1298/76, (EEC)
of the market in milk and milk products (] ), as last            No 1299/76 and (EEC) No 2018/76, for the costs of
amended by Regulation (EEC) No 559/76 (2), and in                supplying to the Arab Republic of Egypt 1 000 metric
particular Article 7 (5) thereof,
                                                                 tons of vitaminized skimmed-milk powder bought on
                                                                 the Community market and divided into two lots of
Having regard to Council Regulation (EEC) No                     500 metric tons.
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           2.     The skimmed-milk powder shall meet :
zations under the 1976 programme ^), as amended by
Regulation (EEC) No 201 7/76 (4), and in particular              — as to quality, the requirements set out in the
Article 6 thereof,                                                    Annex to this Regulation,
                                                                 — as to packing, the requirements set out in Annex I
Whereas in accordance with Council Regulation                         to Commission Regulation (EEC) No 1108/68 of
(EEC) No 1299/76 of 1 June 1976 on the supply of
                                                                      27 July 1968 on detailed rules on application for
skimmed-milk powder as food aid to certain deve­                      public storage of skimmed-milk powder (8), as last
loping countries and international organizations under
                                                                      amended by Regulation (EEC) No 1 457/75 (9).
the 1976 programme ^), and Council Regulation
(EEC) No 2018/76 of 27 July 1976 on the additional
supply of skimmed-milk powder as food aid to certain             3. The successful tenderer shall deliver, as a supple­
developing countries, international organizations and            ment, 5 % empty bags similar to those containing the
non-governmental organizations under the 1976                    goods.
programme (6), Commission Regulation (EEC) No
2357/76 of 29 September 1976 (7), provided inter alia
for an invitation to tender for 1 000 metric tons of
                                                                 4. The packaging of the skimmed-milk powder
vitaminized skimmed-milk powder for the Arab Repu­               shall bear the following inscription in letters at least 1
blic of Egypt ; whereas this tender had to be                    cm high :
cancelled ; whereas a new invitation to tender shall be
issued ;
                                                                 'Skimmed-milk powder, enriched with vitamins A and
                                                                  D — Gift of the European Economic Community to
Whereas the procedure to be adopted for this tender               Egypt — For free distribution.'
should in the main be the one specified in Regulation
(EEC) No 2357/76 ;
Whereas the measures provided for in this Regulation                                      Article 2
are in accordance with the opinion of the Manage­
ment Committee for Milk and Milk Products,
                                                                  1.    Delivery shall be effected from a port designated
 ') OJ No  L 148, 28 . 6. 1968, p. 13 .                          in the tender, chosen from among Community ports
 2) OJ No  L 67, 15. 3 . 1976, p. 9 .                            accessible for ocean-going ships and having a regular
 3) OJ No  L 146, 4. 6. 1976, p. 3.                               line to Alexandria.
 4) OJ No  L 224, 16. 8 . 1976, p. 1 .
 ») OJ No  L 146, 4. 6. 1976, p. 5.
 *) OJ No  L 224, 16. 8 . 1976, p. 2.                            (8) OJ No L 184, 29 . 7. 1968, p. 34.
 A OJ No L 267, 30. 9. 1976, p. 19.                              (») OJ No L 145, 6. 6. 1975, p. 17/
 ---pagebreak--- No L 344/ 16                       Official Journal of the European Communities                             14. 12. 76
2. Delivery at the port of shipment shall take place                                  Article 6
on a date fixed by the intervention agency concerned
and which must be after 15 and before 31 March               In the light of the tenders received and in accordance
1977.
                                                             with the procedure laid down in Article 30 of Regula­
                                                             tion (EEC) No 804/68 a maximum amount, expressed
3.     The time limit for the submission of tenders          in units of account, shall be fixed or alternatively a
expires on 11 January 1977 at 12 noon .                      decision shall be taken to make no award.
                        Article J
                                                                                      Article 7
The intervention agencies shall frame a notice of invi­
tation to tender which shall be published in the Offi­        1.    A tender shall be refused if the price proposed,
                                                              converted into units of account, is more than the
cial Journal of the European Communities not less
than 10 days before the closing date for the submis­          maximum price fixed for the lot in question .
sion of tenders .
                                                              2.     Subject  as  provided     in  paragraph    1,  the
                                                              successful tenderer shall be the one whose offer,
                        Article 4                             converted into units of account, is the lowest. Where
                                                              two or more valid offers specifying identical amounts,
1 . Tenders, which shall be in writing shall be               as converted into units of account, are received by a
submitted either by delivery by hand to an interven­          given intervention agency, the award shall be made by
tion agency against acknowledgement of receipt or by          drawing lots. Where such offers are made to different
registered letter to an intervention agency. Interven­        intervention agencies, the award shall be made by the
tion agencies may also authorize the use of telex.            intervention agency selected in accordance with the
                                                              procedure referred to in Article 6.
2. A tender shall be valid only if it relates to the
entire quantity of a lot put out to tender. The tenderer      3.     The intervention     agency shall    immediately
shall make precise in his tender for how many lots it         inform each tenderer whether he has been awarded
is valid.                                                     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 price, exclusive of taxes, expressed in the           5.     The intervention agencies shall immediately
     currency of the Member State in which the tender         communicate to the Commission the tenderer's name
     is presented, at which the tenderer undertakes to        and address.
     supply, under the stipulated conditions, the total
     quantity to which his tender relates.
                                                                                       Article 8
     Such price shall be inclusive of transport insur­
     ance costs to the stage for delivery.                     1 . The successful tenderer shall deliver at the port
                                                              designated in the tender and on the date fixed by the
4. A tender shall be valid only if the proof is given
                                                              recipient country the quantity of skimmed-milk
before expiry of the period set for the submission of         powder meeting the requirements as regards quality
tenders that the security referred to in Article 5 has
                                                              and packaging laid down in Article 1 (2). Any sche­
been provided.                                                dule for instalment deliveries shall be fixed by the
                                                              recipient country's agent in agreement with the
 5.    No tender may be withdrawn .                           successful tenderer.
                        Article 5                             2. The goods shall be regarded as delivered when
                                                              they are deposited at the place of exportation at the
 1 . The tendering and delivery security shall be 20           point designated by the recipient country or its agent.
 units of account per metric ton of skimmed-milk
 powder.
                                                                                       Article 9
 2.    It shall take the form, at the discretion of the
 Member State concerned, either of a cheque made out           Upon delivery of the goods at the port of embarka­
 in favour of the intervention agency, or of a bank            tion, the recipient country's agent shall hand to the
guarantee which satisfies the criteria fixed by the            successful tenderer acting as agent for the Community
 Member State .                                                a letter of acceptance.
 ---pagebreak--- 14. 12. 76                          Official Journal of the European Communities                          No L 344/ 17
                         Article 10                           — 'Levering van magere-melkpoeder als voedselhulp
                                                                    Verordening (EEG) nr. 3015/76) bestemd om te
1.     The competent agency of the Member State in                  worden verscheept in de haven van . . ;
which the contract is awarded shall check that the
skimmed-milk powder in question satisfies the requir­         — 'Levering af skummetmælkspulver som fødeva­
ements as to quality and packaging laid down in                     rehjælp (forordning (EØF) nr. 3015/76) bestemt til
Article 1 (2).                                                      lastning i havnen i . . .'.
2. If the goods are found to satisfy those require­                                    Article 12
ments the agency shall, before completion of the
customs formalities referred to in Article 11 ( 1 ),           1 . Except in cases of force majeure, the tendering
provide the successful tenderer with a certificate to          security shall be released only if :
that effect.
                                                              (a) the tender has not been accepted ;
3 . On delivery the recipient country shall issue a            (b) the tenderer :
certificate stating that delivery of that quantity of               — has     not  withdrawn    his tender   before  the
skimmed milk as well as the empty bags referred to in
                                                                        contract is awarded,
Article 1 (3) have been taken at the stage specified in
Article 2 ( 1 ).                                                    — has furnished the certificate provided for in
                                                                        Article 10 (2) and (3).
                         Article 11                            2. Release of the security shall take place immedi­
                                                               ately.
1.      Customs export formalities shall be carried out
in the Member State in which the award of contract is
made .                                                                                 Article 13
2.      If the port of loading specified in the tender is      In cases of force majeure, the intervention agency
situated in a Member State other than that in which            shall decide on the measures to be taken having
the customs export formalities       are carried out, the      regard to the circumstances invoked.
goods shall, on completion of        such formalities, be
placed under customs control         with the object of
                                                                                       Article 14
ensuring that they are loaded at     the port specified in
the tender.
                                                               The amount referred to in Article 4 (3) (b) shall be
Proof of loading can be furnished only by production            paid only on production of the certificate provided for
of the control copy referred to in Article 1 of Commis­         in Article 10 (2) and (3).
sion Regulation (EEC) No 2315/69 of 19 November
 1969 on the use of Community transit documents for                                    Article 15
the purpose of applying Community measures for veri­
fying the use and/or destination of goods ('), as               Except in cases of force majeure, the successful
amended by Regulation (EEC) No 690/73 (2).                      tenderer shall accept all financial liability developing
                                                                upon the Community by reason of failure to load the
Sectioi* 101 , 103 and 104 of the control copy shall be         skimmed-milk powder at the place and in due time,
completed.                                                      the recipient country having effected the delivery at
 Section 104 shall be completed by deleting as neces­           the place and by the time appointed.
 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
— 'Delivery of skimmed-milk powder as food aid                  borne by the competent agency of the Member State
     (Regulation (EEC) No 3015/76) to be shipped                concerned .
      from the port of . . ;
 — 'Livraison de lait écrémé en poudre à titre d aide                                  Article 16
      alimentaire (règlement (CEE) n0 3015/76) destinée
      a être embarquée au port de . . .' ;                      No refund or compensatory amount (whether mone­
 — 'Lieferung von Magermilchpulver als Nahrungsmit­             tary or accession) shall be applicable in respect of
      telhilfe (Verordnung (EWG) Nr. 3015/76) zur Vers­         skimmed-milk powder supplied under this Regula­
                                                                tion .
      chiffung im Hafen von . . . bestimmt' ;
 — 'Fornitura di latte scremato in polvere a titolo di
      aiuto alimentare (regolamento (CEE) n . 3015/76)                                  Article 17
      destinata ad essere imbarcata nel porto di . . .' ;
                                                                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 344/ 18                        Official Journal of the European Communities                           14. 12. 76
           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
                                           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 ( 15-0 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