CELEX: 31976R2359
Language: en
Date: 1976-09-29 00:00:00
Title: Commission Regulation (EEC) No 2359/76 of 29 September 1976 concerning the issue of an invitation to tender for the supply to the Republic of Uruguay for use as food aid of vitaminized skimmed-milk powder to be purchased on the Community market

30 . 9 . 76                               Official Journal of the European Communities                       No L 267/ 29
                                      COMMISSION REGULATION ( EEC) No 2359/76
                                                       of 29 September 1976
                concerning the issue of an invitation to tender for the supply to the Republic of
                Uruguay 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                                       Article 1
 Economic Community,
 Having regard to Council Regulation (EEC) No                         1.     Tenders shall  be  invited in accordance with
 804/68 of 27 June 1968 on the common organization                   Regulations (EEC) No 1298 /76 and (EEC) No
 of the market in milk and milk products ('), as last                2018/76 for the costs of supplying to the Republic of
 amended by Regulation (EEC) No 559/76 (2), and in                   Uruguay a lot of 300 metric tons of vitaminized skim­
 particular Article 7 (5) thereof,                                   med-milk powder.
 Having regard to Council Regulation (EEC) No                        2. The skimmed-milk powder shall meet the
 1298 /76 of 1 June 1976 laying down general rules for               requirements as to quality and packaging set out in
 the supply of skimmed-milk powder, as food aid, to                  the Annex to this Regulation .
 certain developing countries and certain international
 organizations under the 1976 programme (3), as                      3 . The successful tenderer shall deliver, as a supple­
 amended by Regulation (EEC) No 201 7/76 (4), and in                 ment, 5 % empty bags similar to those containing the
 particular Article 6 thereof,                                       goods.
 Whereas Council Regulation (EEC) No 2018/76 of 27
 July 1976 on the additional supply of skimmed-milk                                          Article 2
 powder as food aid to certain developing countries,
 international organizations and non-governmental
 organizations under the 1976 programme (5 ) provides                1 . Delivery shall be effected at a port to be desig­
 inter alia that 300 metric tons of skimmed-milk                     nated in the tender, chosen among Community ports,
 powder shall be made available to the Republic of                   accessible for ocean-going ships and having a regular
 Uruguay ; whereas this country has requested the                    line to the country of destination .
 delivery of 300 metric tons of vitaminized skimmed­
 milk powder ;                                                       2.      Delivery at the port of embarkation shall take
                                                                     place on a date fixed by the intervention agency
 Whereas Article 2 (2) of Regulation (EEC) No 1298 /76               concerned , and which must be after 1 and before 10
 provides that if there is not enough skimmed-milk                   November 1976 .
 powder available in public stocks with the characteris­
 tics necessary for the particular destination where this            3.      The time limit for the submission of tenders
 requires, in particular, the additon of vitamins,                   expires on 12 Ocotber 1976 at 12 noon .
 supplies shall be obtained by purchase on the Commu­
 nity market ;
                                                                                             Article 3
 Whereas Article 5 of Regulation ( EEC) No 1298/76
 provides that for the purpose of the supply and ship­               The intervention agencies shall frame a notice of invi­
 ment of skimmed-milk powder invitations to tender
 are to be issued ;
                                                                     tation to tender which shall be published in the Offi­
                                                                     cial Journal of the European Communities not less
Whereas the procedure to be adopted for this                         than 10 days before the closing date for the submis­
                                                                     sion of tenders .
 tendering should in the main be the procedure used
 hitherto in similar cases ;
Whereas the measures provided for in this Regulation                                         Article 4
are in accordance with the opinion of the Manage­
 ment Committee for Milk and Milk Products ,                         1 . Tenders, which shall be in writing shall be
                                                                     submitted either by delivery by hand to an interven­
(')  OJ  No  L 148 , 28 . 6. 1968 , p. 13.                           tion agency against acknowledgement of receipt or by
(2 ) 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 .
(4)  OJ  No  L 224, 16. 8 . 1976, p. 1 .                             Intervention agencies may also authorize the use of
(5)  OJ  No  L 224, 16 . 8 . 1976, p. 2.                             telex .
 ---pagebreak--- No L 267/30                            Official Journal of the European Communities                              30 . 9 . 76
2.      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 to the port of shipment referred to in
     Article 2 ( 1 ), in accordance with the specifications                                Article 8
     laid down in the Annexes, the entire quantity of
     the lot put out to tender.                                   1.     The successful tenderer shall , on the date fixed
     Such price shall be inclusive of transport insur­            by the recipient country, deliver at the port designated
     ance costs to the stage for delivery.                        in the tender and the quantity of skimmed-milk
                                                                  powder meeting the requirements as regards quality
 3.     A tender shall be valid only if :                         and packaging laid down in the Annex to this Regula­
                                                                  tion . Any schedule for instalment deliveries shall be
(a) it relates to the entire lot put out to tender ;              fixed by the recipient country's agent in agreement
(b) proof is given before expiry of the period set for            with the successful tenderer.
      the submission of tenders that the security referred
      to in Article 5 has been provided .                         2. The goods shall be regarded as delivered when
                                                                  they are deposited at the place of exportation at the
 4.     No tender may be withdrawn .                              point designated by the recipient country or its agent.
                            Article 5                                                      Article 9
 1 . The tendering security shall be 20 units of                  Upon delivery of the goods at the port of embarka­
 account per metric ton of skimmed-milk powder.                   tion, the recipient country's agent shall hand to the
                                                                  successful tenderer acting as agent for the Community
 2.     It shall take the form , at the discretion of the         a letter of acceptance .
 Member State concerned, either of a cheque made out
 in favour of the intervention agency, or of a bank                                        Article 10
 guarantee which satisfies the criteria fixed by the
 Member State .                                                    1.    The competent agency of the Member State in
                                                                  which the contract is awarded shall check that the
                            Article 6                              skimmed-milk powder in question satisfies the
                                                                   requirements as to quality and packaging laid down in
                                                                   the Annex .
 In the light of the tenders received and in accordance
 with the procedure laid down in Article 30 of Regula­             2. If the goods are found to satisfy those require­
 tion (EEC) No 804/ 68 a maximum amount, expressed                 ments the agency shall, before completition of the
 in units of account, shall be fixed or alternatively a            customs formalities referred to in Article 11 ( 1 ),
 decision shall be taken to make no award .
                                                                   provide the successful tenderer with a certificate to
                                                                   that effect .
                            Article 7
                                                                   3.     On delivery the recipient country shall issue a
  1.    A tender shall be refused if the price proposed,           certificate stating that delivery of that quantity of
 converted into units of account, is more than the                 skimmed milk as well as the empty bags referred to in
 maximum price fixed for the lot in question .                     Article 1 (3) have been taken at the stage specified in
                                                                   Article 2 ( 1 ).
 2.      Subject as      provided   in   paragraph    1,  the
 successful tenderer shall be the one whose offer,                                         Article 11
 converted into units of account, is the lowest . Where
 two or more valid offers specifying identical amounts,             1.    Customs export formalities shall be carried out
 as converted into units of account, are received by a             in the Member State in which the award of contract is
 given intervention agency, the award shall be made by             made .
 drawing lots . Where such offers are made to different
  intervention agencies, the award shall be made by the            2.     If the port of loading specified in the tender is
  intervention agency selected in accordance with the              situated in a Member State other than that in which
  procedure referred to in Article 6 .                             the customs export formalities     are carried out, the
                                                                   goods shall , on completion of     such formalities, be
  3.     The   intervention     agency    shall  immediately       placed under customs control        with the object of
  inform each tenderer whether he has been awarded                 ensuring that they are loaded at   the port specified in
  the contract.                                                    the tender .
 ---pagebreak---  30 . 9. 76                            Official Journal of the European Communities                         No L 267/31
 Proof of loading can be furnished only by production                — has furnished the certificates provided for in
 of the control copy referred to in Article 1 of Commis­                 Article 10 (2) and (3).
 sion Regulation (EEC) No 2315/69 of 19 November
 1969 on the use of Community transit documents for              2. Release of the security shall take place immedi­
 the purpose of applying Community measures for veri­            ately.
 fying the use and/or destination of goods ('), as
 amended by Regulation (EEC) No 690/73 (2).                                             Article 13
 Sections 101 , 103 and 104 of the control copy shall be         In cases of force majeure, the intervention agency
 completed.                                                      shall decide on the measures to be taken having
                                                                 regard to the circumstances invoked.
 Section 104 shall be completed by deleting as neces­
 sary and entering against the second indent one of the                                 Article 14
 following endorsements :
 — 'Delivery of skimmed-milk powder as food aid                  The amount referred to in Article 4 (2) (b) shall be
      (Regulation (EEC) No 23 59/76 to be shipped from           paid only on production of the certificate provided for
      the port of                                                in Article 10 (2) and (3).
 — 'Livraison de lait écrémé en poudre à titre d aide
      alimentaire (règlement (CEE) n0 2359/76) destinée                                 Article 15
      à être embarquée au port de —' ;
                                                                 Except in cases of force majeure, the successful
 — 'Lieferung von Magermilchpulver als Nahrungsmit­
      telhilfe (Verordnung (EWG) Nr. 2359/76) zur Vers­          tenderer shall accept all financial liability developing
                                                                 upon the Community by reason of failure to load the
      chiffung im Hafen von . . . bestimmt' ;                    skimmed-milk powder at the place and in due time,
 — 'Fornitura di latte scremato in polvere a titolo di           the recipient country having effected the delivery at
      aiuto alimentare (regolamento (CEE) n . 2359/76)           the place and by the time appointed.
      destinata ad essere imbarcata nel porto di . . .' ;
 — 'Levering van magere-melkpoeder als voedselhulp               Costs incurred by reason of failure to deliver the skim­
     Verordening (EEG) nr. 2359/76) bestemd om te                med-milk powder as a result of force majeure shall be
      worden verscheept in de haven . . .' ;                     borne by the competent agency of the Member State
                                                                 concerned .
 — ' Levering af skummetmælkspulver som fødeva­
      rehjælp (forodning (EØF) nr. 2359/76) bestemt til
      lastning i havnen i                                                               Article 16
                                                                 No refund or compensatory amount (whether mone­
                         Article 12
                                                                 tary or accession) shall be applicable in respect of
 1 . Except in cases of force majeure, the tendering             skimmed-milk powder supplied under this Regula­
                                                                 tion .
 security shall be released only if :
                                                                                        Article 17
(a) the tender has not been accepted ;
(b) the tenderer :                                               This Regulation shall enter into force on the -day
     — has      not  withdrawn     his     tender before the     following its publication in the Official Journal of
          contract is awarded,                                   the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in      all Member
                States .
                Done at Brussels, 29 September 1976.
                                                                          For the Commission
                                                                             P.J. LARDINOIS
                                                                        Member of the Commission
(>) OJ No L 295, 24 . 11 . 1969 , p . 14 .
I2) OJ No L 66, 13. 3. 1973, p. 23.
 ---pagebreak--- No L 267/32                         Official Journal of the European Communities                               30 . 9 . 76
                                                         ANNEX
           I. 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° Domic)
               (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 maximum)
               (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 l.u . per 100 g
                   (bb) vitamin D :                               500 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/m2 ;
                   — 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, in letters at least 1 cm high the
                   following inscription :
                   'Lait ecreme en poudre enrichi en vitamines A et D — Don de la Communauté économique
                   européenne à la république d'Uruguay — À distribuer gratuitement.'