CELEX: 31976R2871
Language: en
Date: 1976-11-26 00:00:00
Title: Commission Regulation (EEC) No 2871/76 of 26 November 1976 concerning the issue of an invitation to tender to the World Food Programme for use as food aid of vitaminized skimmed-milk powder to be purchased on the Community market for Egypt

27. 11 . 76                            Official Journal of the European Communities                        No L 329/47
                                  COMMISSION REGULATION (EEC) No 2871/76
                                                    of 26 November 1976
               concerning the issue of an invitation to tender to the World Food Programme
               for use as food aid of vitaminized skimmed-milk powder to be purchased on the
                                                Community market for Egypt
 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 ProductSi,
 Having regard to the Treaty establishing the European
 Economic Community,
 Having regard to Council Regulation (EEC) No
 804/68 of 27 June 1968 on the common organization                 HAS ADOPTED THIS REGULATION :
 of the market in milk and milk products ('), as last
 amended by Regulation (EEC) No 559/76 (2), and in
 particular Article 7 (5) thereof,
                                                                                           Article 1
 Having regard to Council Regulation (EEC) No
 1298/76 of 1 June 1976 laying down general rules for              1.    Tenders shall be invited, in accordance with
 the supply of skimmed-milk powder as food aid to                  Regulations (EEC) No 1298/76 and (EEC) No
 certain developing countries and international organi­            2018/76, for the costs of supplying to the WFP 4 335
 zations under the 1976 programme (3), as amended by               metric tons of vitaminized skimmed-milk powder to
 Regulation (EEC) No 201 7/76 (4), and in particular               be purchased on the Community market for Egypt
Article 6 thereof,                                                 and divided into the following lots :
Whereas Council Regulation (EEC) No 2018/76 of 27                  —   Lot  A1 : 1 000  metric tons,
July 1976 on the additional supply of skimmed-milk                —    Lot  A2 :  1 000 metric  tons,
powder as food aid to certain developing countries,               —    Lot  A3 :  1 000 metric  tons,
international organizations and non-governmental                  —    Lot  A4 :  1 000 metric  tons,
organizations under the 1976 programme (5), provides              — Lot B : 335 metric tons.
 inter alia that 10 000 metric tons of skimmed-milk
powder should be made available to the WFP ;
                                                                   2.    The skimmed-milk powder shall meet :
Whereas the WFP has requested the delivery of 4 335
metric tons of vitaminized skimmed-milk powder for                — as to quality, the requirements set out in the
Egypt ;                                                                Annex to this Regulation,
                                                                  — as to packing, the requirements set out in Annex I
Whereas Article 2 (2) of Regulation (EEC) No 1298 /76                  to Commission Regulation (EEC) No 1108/68 of
provides that if there is not enough skimmed-milk                      27 July 1968 on detailed rules of application for
powder available in public stocks with the characteris­                intervention for public storage of skimmed-milk
tics necessary for the particular destination where this               powder (6), as last amended by Regulation (EEC)
requires, in particular, the addition of vitamins,                     No 1457/76 (7).
supplies shall be obtained by purchase on the Commu­
nity market ;
                                                                  3. The packing of the skimmed-milk powder shall
Whereas Article 5 of Regulation (EEC) No 1298/76
                                                                  bear in letters at least 1 cm high, the following
                                                                  marking :
provides that for the purposes of the supply and ship­
ment of skimmed-milk powder, invitations to tender
are to be issued ;                                                'Skimmed-milk powder enriched with vitamins A and
                                                                  D / Gift of the European Economic Community /
Whereas the procedure to be adopted for this                      World Food Programme action / Alexandrie .'
tendering should in the main be the procedure used
hitherto in similar cases ;
                                                                  4. In addition the successful tenderer shall supply
                                                                  5 % empty bags indentical to those containing the
(') OJ  No  L 148, 28. 6. 1968, p. 13,                            goods.
(2) OJ  No  L 67, 15. 3. 1976, p. 9.
(*) OJ  No  L 146, 4. 6. 1976, p. 3.
(<) OJ  No  L 224, 16. 8 . 1976, p. 1 .                           (') OJ No L 184, 29 . 7. 1968 , p. 34.
(5) OJ  No  L 224, 16. 8 . 1976, p. 2.                            n OJ No L 145, 6 . 6 . 1975, p. 17 .
 ---pagebreak---  No L 329/48                       Official Journal of the European Communities                            27. 11 . 76
                        Article 2                             7.    No tender may be withdrawn.
 1 . The port of embarkation to be specified in the
 tender shall be chosen from among Community ports                                     Article 4
 acessible for ocean-going ships having regular lines to
 the country of destination.                                  1 . The tendering and delivery security shall be 20
                                                             units of account per metric ton of skimmed-milk
 A tender may only indicate one port.                         powder.
 2. The delivery at the port of embarkation shall             2.    It shall take the form, at the discretion of the
 take place on a date fixed by the intervention agency       Member State concerned, either of a cheque made out
concerned, which shall be after 15 and before 28              in favour of the intervention agency, or of a bank
 February 1977.                                              guarantee which satisifies the criteria fixed by the
                                                             Member State .
 3.    The time limit for the submission of tenders
shall be 14 December 1976 at 12 noon .
                                                                                       Article 5
                        Article 3
                                                              In the light of the tenders received and in accordance
                                                             with the procedure laid down in Article 30 of Regula­
 1 . The intervention agencies shall frame a notice of       tion (EEC) No 804/68 a maximum amount, expressed
 invitation to tender which shall be published in the        in units of account, shall be fixed or alternatively a
 Official Journal of the European Communities not            decision shall be taken to make no award.
less than 10 days before the closing date for the
submission of tenders.
                                                                                       Article 6
2. Tenders, which shall be in wirting, shall be
submitted either by delivery by hand to an interven­          1.    A tender shall be refused if the price proposed,
tion agency against acknowledgement of receipt or by         converted into units of account, is more than the
registered letter addressed to an intervention agency.       maximum price fixed for the lot in question.
Intervention agencies may also authorize the use of
telex.
                                                             2.     Subject as     provided    in paragraph    1,   the
                                                             successful tenderer shall be the one whose offer,
3. The tender may only be submitted to the inter­            converted into units of account, is the lowest. Where
vention agency of the Member State on whose terri­
                                                             two or more valid offers specifying identical amounts,
tory the manufacture of the vitaminized skimmed­
                                                             as converted into units of account, are received by a
milk powder and its packaging, in accordance with            given intervention agency, the award shall be made by
Article 1 (2), take place.                                   drawing lots. Where such offers are made to different
4. A tender shall only be valid if it relates to the         intervention agencies, the award shall be made by the
whole of a lot put up to tender. As regards Lots A1 to       intervention agency selected in accordance with the
A4 the tenderer shall specify for how many lots his          procedure referred to in Article 5.
tender is valid.
                                                             3.     The   intervention    agency shall    immediately
                                                             inform each tenderer whether he has been awarded
5.     A tender shall indicate in particular :               the contract .
(a) the name and address of the tenderer ;
(b) the port or ports of embarkation, chosen from            4.     Rights and obligations arising in connection
                                                             with the invitation to tender shall not be transferable.
     among ports specified in Article 2 ( 1 );
(c) the price, exclusive of taxes, expressed in the          5.    The intervention agencies shall immediately
     currency of the Member State in which the               communicate       to  the   Commission    the  tenderers'
     tenderer undertakes to supply, in accordance with       names and addresses .
     the specification laid down in the Annex, the
     entire quantity subject to the tender.
    Such price shall be inclusive of transport insur­                                 Article 7
    ance costs to the stage referred to in Article 7 for
    delivery.                                                1 . The tenderer shall, on the date fixed by the
                                                             WFP, deliver at the port specified in the tender a
6. A tender shall be valid only if proof is given            quantity of skimmed-milk powder equal to the quan­
before expiry of the period set for the submission of        tity there specified. Any schedule for instalment deliv­
tenders that the security referred to in Article 4 has       eries shall be agreed between the successful tenderer
been provided.                                               and the agent of the WFP.
 ---pagebreak--- 27. 11 . 76                             Official Journal of the European Communities                         No L 329 /49
2. The goods shall be regarded as delivered when                   — Fornitura di latte scremato in polvere a titolo di
they are deposited at the place of exportation at the                  aiuto alimentare (regolamento (CEE) n . 2871 /76)
point designated by the WFP or its agent.                              destinata ad essere imbarcata nel porto di . .
                                                                   — Levering van magere-melkpoeder als voedselhulp
                         Article 8                                     (Verordening (EEG) nr. 2871 /76) bestemd om te
                                                                       worden verscheept in de haven van . .
1.     The competent agency of the Member State in                 — ' Levering af skummetmælkspulver som fødeva­
which the contract is awarded shall check that the                     rehjælp (forordning (EØF) nr. 2871 /76 bestemt til
skimmed-milk powder in question satisfies the                          lastning i havnen i . . .'
requirements as to quality and packaging laid down in
Article 1 (2).
                                                                                          Article 10
2. If the goods are found to satisfy those require­
ments, as mentioned in Article 1 (2), the agency shall             1.     Except in cases of force majeure, the tendering
provide the successful tenderer with a certificate to              and delivery security shall be released only if :
that effect.
                                                                   (a) the tender has not been accepted ;
3.     Upon delivery of the goods at the port of embar­            (b) the tenderer :
kation, the WFP agent shall hand to the successful                     — has     not  withdrawn    his  tender   before  the
tenderer, acting as agent for the Community, a letter                      contract is awarded,
of acceptance. This letter of acceptance shall state that
the quantity of skimmed-milk powder in question as                     — has furnished the certificates provided for in
well as the empty bags specified in Article 1 (4), have                    Article 8 (2) and (3).
been taken at the stage specified in Article 7.
                                                                   2. Release of the security shall take place immedi­
                                                                   ately.
                         Article 9
                                                                                          Article 11
If the port of loading specified in the tender is situ­
ated in a Member State other thin that in which the
tender was submitted, the goods shall , on completion              In cases of force majeure, the intervention agency
of the control specified in Article 8 ( 1 ), be placed             shall decide on the measures to be taken having
under customs control with the object of ensuring                  regard to the circumstances invoked.
that they are delivered at the port specified in the
tender.
                                                                                          Article 12
Proof of loading can be furnished only by production
                                                                   The amount referred to in Article 3 (.5) (c) shall be
of the control copy referred to in Article 1 of Commis­            paid only on production of the certificate provided for
sion Regulation (EEC) No 2315/69 of 19 November                    in Article 8 (2) and (3).
 1969 on the use of Community transit documents for
the purpose of applying Community measures for veri­
fying the use and/or destination of goods ( ! ), as                                       Article 13
amended by Regulation (EEC) No 690/73 (2).
                                                                    Except in cases of force majeure, the successful
Sections 101 , 103 and 104 of the control copy shall be            tenderer shall accept all financial liability devolving
completed. Section 104 shall be completed by dele­                 upon the Community by reason of failure to load the
ting as necessary and entering against the second                  skimmed-milk powder at the place and in due time,
indent one of the following endorsements :                         the WFP having facilitated the delivery at the place
— ' Delivery of skimmed-milk powder as food aid                    and by the time appointed .
     (Regulation (EEC) No 2871 /76) to be shipped
     from the port of . . .'                                        Costs incurred by reason of failure to deliver the skim­
                                                                    med-milk powder as a result of force majeure shall be
— 'Livraison de lait écrémé en poudre à titre d aide               borne by the competent agency of the Member State
     alimentaire (règlement (CEE) n0 2871 /76) destinée             concerned .
     à être embarquée au port de . . .',
— Lieferung von Magermilchpulver als Nahrungsmit­
                                                                                           Article 14
     telhilfe (Verordnung ( EWG) Nr. 2871 /76) zur Ver­
     schiffung im Hafen von . . . bestimmt',
                                                                   The intervention agency concerned shall pay to the
 (') OJ No L 295 , 24. 11 . 1969, p . 14 .                         WFP within 30 days after acceptance of each delivery
  2 OJ No L 66, 13 . 3 . 1973 , p . 23 .                            of skimmed-milk powder, a flat-rate contribution of
 ---pagebreak--- No L 329/ 50                          Official Journal of the European Communities                              27. 11 . 76
80 units of account per metric ton of skimmed-milk               skimmed-milk powder supplied under this Regula­
powder delivered towards the costs of transporting and           tion .
distributing such skimmed-milk powder.
                                                                                           Article 16
                          Article 15
                                                                This Regulation shall enter into force on the day
No refund or compensatory amount (whether mone­                  following its publication in the Official Journal of
tary or accession) shall be applicable in respect of             the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels. 26 November 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 :                 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 % maximum)
              (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