CELEX: 31976R1813
Language: en
Date: 1976-07-27 00:00:00
Title: Commission Regulation (EEC) No 1813/76 of 27 July 1976 concerning the issue of an invitation to tender for the supply to the International Committee of the Red Cross, for the benefit of various third countries, for use as food aid, of vitaminized skimmed-milk powder to be purchased on the Community market

No L 202/ 10                              Official Journal of the European Communities                             28 . 7 . 76
                                      COMMISSION REGULATION ( EEC) No 1813/76
                                                           of 27 July 1976
                concerning the issue of an invitation to tender for the supply to the Interna­
                tional Committee of the Red Cross , for the benefit of various third countries , 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                                               i
 804/68 of 27 June 1968 on the common organization                    1.     Tenders  shall   be invited in  accordance   with
of the market in milk and milk products ('), as last                 Regulations (EEC) No 1298 /76 and (EEC) No
amended by Regulation (EEC) No 559/76 (2 ), and in                    1299/76 for the costs of delivery to ICRC of 1 400
 particular Article 7 (5) thereof,                                   metric tons of vitaminized skimmed-milk powder
 Having regard to Council Regulation ( EEC) No                       divided up into the lots and for the following destina­
 1298 /76 of 1 June 1976 laying down the general rules               tions mentioned in the Annex I to this Regulation .
 for the supply of skimmed-milk powder under the
 1976 food-aid programme to certain developing coun­                 2.      Delivery shall be effected at the ports of
tries and certain international organizations (3), and in            unloading mentioned in Annex I. The shipping shall
 particular Article 6 thereof,                                       take place as soon as possible and not later than 15
                                                                     September 1976 .
Whereas Council Regulation ( EEC) No 1299/76 of 1
June 1976 on the supply of skimmed-milk powder
under the 1976 food-aid programme to certain deve­                   3.      The skimmed-milk powder shall meet the
 loping countries and certain international organiza­                requirements as to quality and packaging set out in
tions (4 ) provides, inter alia, for the supply of 2 000             Annex II to this Regulation .
metric tons of skimmed-milk powder to be made avail­
able to the International Committee of the Red Cross
                                                                     4. The successful tenderer shall also supply a
(ICRC) ;                                                             further 5 % of empty bags identical to those
Whereas ICRC has requested the delivery of 1 400                     containing the goods . He undertakes to have these
 metric tons of vitaminized skimmed-milk powder for                  bags mentioned on the bill of . lading.
the benefit of various third countries ;
Whereas Council Regulation ( EEC) No 1298 /76,
Article 2 (2) provides that, if the amounts of skimmed­                                        Article 2
milk powder in public stocks do not have the
characteristics necessary for their particular destina­               1.     The intervention agencies shall frame a notice of
tion where this requires, in particular, the addition of
                                                                     invitation to tender which shall be published in the
vitamins, supplies shall be ensured by the buying-in                  Official Journal of the European Communities not
of skimmed-milk powder on the Community market ;
                                                                     less than 10 days before the closing date for the
Whereas Article 5 of Regulation ( EEC) No 1298 /76                   submission of tenders .
provides that for the purposes of the supply and ship­
ment of skimmed-milk powder invitations to tender                    2 . The closing date for the submission of tenders
are. to be issued ;
                                                                     shall be 10 August 1976, at 12 noon .
Whereas the procedure to be adopted for this
tendering should in the main be the procedure used
hitherto in similar cases ;
                                                                                               Article 3
Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Manage­                     1 . Tenders, which shall be in writing, shall be
ment Committee for Milk and Milk Products ,
                                                                     submitted either by delivery by hand to an interven­
                                                                     tion agency against acknowledgement of receipt or by
(')  OJ No  L  148 , 28 . 6 . 1968 , p. 1.1
(-') OJ No   L 67, 15 . 3 . 1976, p. 9 .                             registered letter addressed to an intervention agency.
(3 ) OJ No  L  146, 4 . 6 . 1976, p. 3 .                             Intervention agencies may also authorize the use of
(4 ) OJ No  L  146, 4 . 6 . 1976, p. 5 .                             telex .
 ---pagebreak--- 28 . 7 . 76                         Official Journal of the European .Communities                         No L 202/ 11
2.     Each tender shall bear only one lot.                   given intervention agency, the award shall be made by
                                                              drawing lots. Where such offers are made to different
3.     The tender shall indicate inter alia :                  intervention agencies, the award shall be made by the
                                                               intervention agency selected in accordance with the
(a) the name and address of the tenderer ;                     procedure referred to in Article 5 .
(b) the port or ports of - loading chosen from among
     Community ports ;                                         3.     The     intervention   agency shall   immediately
                                                               inform each tenderer whether he has been awarded
(c) the price, exclusive of taxes, expressed in the            the contract .
     currency of the Member State in which the tender
     is presented, at which the tenderer undertakes to
     supply, in accordance with the specifications laid        4.     Rights and obligations arising in connection
                                                               with the invitation to tender shall not be transferable .
 v down in the Annexes, the entire quantity of a lot
     put out to tender.
                                                               5.     The intervention agencies shall immediately
                                                               inform the Commission of the successful tenderer's
     Such price shall be inclusive of transport insur­
                                                               name and address .
     ance costs to the stage referred to in Article 1 (2)
     for delivery.
                                                                                          Article 7
4.      A tender shall be valid only if :
(a) it relates to the entire quantity of a lot put out to       1 . The successful tenderer shall deliver a quantity
     tender ;                                                  of skimmed-milk powder satisfying the requirements
(b) proof is given before expiry of the period set for         as to quality and packaging laid down in Annex II to
     the submission of tenders that the security referred       this Regulation .
     to in Article 4 has been provided .
                                                                2.    Delivery ' port of unloading' shall be completed
 5.     No tender may be withdrawn .                           when the goods are actually deposited on the quayside
                                                                or on board a, lighter at the port of unloading.
                         Article 4                              3 . The recipient organization shall be responsible
                                                                for all expenditure incurred after delivery including
 1 . The tendering security shall be 20 units of                acceptance costs .
 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 shall be borne by it. The rates
 Member State .                                                 and other details concerning such costs shall be laid
                                                                down in the contract between the successful tenderer
                                                                and the carrier and must have been previously agreed
                         Article 5                              upon by the successful tenderer acting as Community
                                                                agent and the recipient's delivery agent.
 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 body of the name of
                                                                 the vessel , the date of loading, the quantity and the
                          Article 6                              quality of the goods as recorded at 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 lot in question .                  ient at least 10 clear days in advance of 'he expected
                                                                 date of arrival of the ship in the port of unloading.
  2.    Subject to the provisions of paragraph 1 , the           The successful tenderer shall have included in the
 successful tenderer shall be the one whose offer,               terms of the charter-party a provision stioulating that
  converted into units of account, is the lowest . Where         the ship's captain shall inform the recinient at least 72
  two or more valid .offers specifying identical amounts,        hours in advance of the ship's probable date of arrival
  as converted into units of account, are received by a          in port.
 ---pagebreak---   No L 202/ 12                              Official Journal of the European Communities                              28 . 7 . 76
                            Article 10                                — ' Levering van magere-melkpoeder als voedselhulp
                                                                           (Verordening (EEG) nr. 1813/76) bestemt 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 require­                   — Levering af skummetmælkspulver som fødeva­
 ments as to quality and packaging laid down in                            rehjælp (forordning (EØF) nr. 1813/76) bestemt til
 Annex II .                                                                lastning i havnen i . . .'.
 2.      If the goods are found to satisfy those require­
 ments, the agency shall , before completion of the                                            Article 12
 customs formalities referred to in Article 11 ( 1 ),
 provide the successful tenderer with a certificate to                 1.     Except in cases of force majeure, the tendering
 that effect .                                                        security shall be released only if :
 3.      On delivery, the recipient organization shall                (a) the tender has not been accepted ;
 issue a certificate proving the taking over of the goods             (b) the tenderer :
 stating that delivery of that quantity of skimmed-milk                    — has      not  withdrawn    his tender  before     the
 powder has been taken at the stage specified in Article                        contract is awarded ,
  1 (2).
                                                                           — has furnished the certificates provided for in
                                                                                Article 10 (2) and (3).
                            Article 11
 1.      Customs export formalities shall be carried out              2.      Release of the security shall take place immedi­
 in the Member State in which the award of contract is                ately.
 made .
                                                                      3.      In cases of force majeure, the intervention
 2.      If the port of loading specified in the tender is            agency shall decide on the measures to be taken
 situated in a Member State other than that in which                  having regard to the circumstances invoked .
 the customs export formalities             are carried out, the
 goods shall , on . completion of           such formalities, be
                                                                                               Article 13
 placed under customs control                with the object of
 ensuring that they are loaded at           the port specified in
 the tender.                                                          The amount referred to in Article 3 (3) (c) shall be
                                                                      paid only on production of the certificates provided
 Proof of loading can be furnished only by production                 for in Article 10 (2) and (3).
 of the control copy referred to in Article 1 of Commis­
 sion Regulation ( EEC) No 2315/ 69 of 19 November
 1969 on the use of Community transit documents for                                            Art ice 14
 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 devolving
                                                                      upon the Community by reason of failure to load the
 Sections 101 , 103 and 104 of the control copy shall be              skimmed-milk powder by the date specified in Article
 completed .                                                           1 (2)-
 Section 104 shall be completed by deleting as neces­                 Costs incurred by reason of failure to deliver the skim­
 sary and entering against the second indent one of the               med-milk powder as a result of force majeure shall be
 following endorsements :                                             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 1813 /76) to be shipped
       from the port of . . .' ;
                                                                                               Article 15
— ' Livraison de lait écrémé en poudre à titre d aide
       alimentaire (règlement (CEE) n 0 1813 / 76) destinée           No refund or compensatory amount (whether mone­
       à être embarquée au port de . . .' ;                           tary or accession) shall be applicable in respect of
— Lieferung von Magermilchpulver als Nahrungsmit­                     skimmed-milk powder supplied under this Regula­
       telhilfe (Verordnung ( EWG) Nr. 1813/76) zur Ver­              tion .
       schiffung im Hafen von . . . bestimmt' ;
— ' Fornitura di latte scremato in polvere a titolo di
       aiuto alimentare (regolamento (CEE) n . 1813 / 76)                                      Article 16
       destinato ad essere imbarcato 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--- 28 . 7. 76                    Official Journal of the European Communities                      No L 202/ 13
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 27 July 1976.
                                                                  For the Commission
                                                                    P.J. LARDINOIS
                       ■.                                     Member of the Commission
 ---pagebreak--- No L 202/ 14                              Official Journal of the European Communities                                   28 . 7 . 76
                                                                     ANNEX I
                       Designation                Quantity of the lot         Recipient country       Port of unloading
                         of the lot                (in metric tons)
                              A                          250             Cisjordan                Ashdod
                                                                         Gaza-Sinaï'
                       -      B                          200             Jordan                   Aqaba
                              C                          150             Philippines              Manila
                              D                          300             Chile                    Valparaiso
                               E                         500             Panama                   Panama
                                                                    ANNEX II
            I. Skimmed-milk powder requirements
                (a) fat content :                                           1-5% maximum
                (b) water content :                                        4 0 % maximum
                (c ) total acidity in lactic acid :                        0 1 5 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
           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 -' ;
                      — one interposed tar-lined paper bag, of a strength representing at least 140 g/ m 2 or one
                             Kraft paper bag with polyethylene layer, of a strength representing at least 70 g + 15
                            g/ m 2 ;
                      — one polyethylene inner bag at least 0-08 mm thick double bound
           (c) The packaging of the skimmed-milk powder shall bear a Red Cross, 10 cm / 10 cm and in letters
           at least 1 cm high the following inscription :
                      — as regards lots A-C :
                            'Skimmed-milk powder containing vitamins "A" (5 000 i.u/ 100 g) — Gift of the European
                             Economic Community — Action of the International Committee of the Red Cross — For
                             free distribution '.
                      — as regards lots D-E :
                            ' Leche desnatada en polvo con vitaminas " A" (5 000 u.i./ l()0 g) — Donacion de las Comu­
                             nidades Europeas — Accion del Comite International de la Cruz Roja — Por distribution
                           gratuita '.