CELEX: 31977R0710
Language: en
Date: 1977-04-04 00:00:00
Title: Commission Regulation (EEC) No 710/77 of 4 April 1977 concerning the issue of an invitation to tender for the supply to the Republic of Afghanistan, for use as food aid, of vitaminized skimmed-milk powder to be purchased on the Community market

5 . 4 . 77                                  Official Journal of the European Communities                               No L 87/ 5
                                        COMMISSION REGULATION ( EEC) No 710/77
                                                            of 4 April 1977
               concerning the issue of an invitation to tender for the supply to the Republic of
               Afghanistan , for use as food aid , of vitaminized skimmed-milk powder to be
                                               purchased on the Community market
THE COMMISSION OF THE EUROPEAN                                        Whereas the procedure to be adopted for this
COMMUNITIES,                                                          tendering should in the main be the procedure used
                                                                      hitherto in similar cases ;
 Having regard to the Treatv establishing the European
 Economic Community,                                                  Whereas the measures provided for in this Regulation
                                                                      are in accordance with the opinion of the Manage­
 Having regard to Council Regulation ( EEC) No                        ment Committee for Milk and Milk Products ,
 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
particular Article 7 (5) thereof,                                     HAS ADOPTED THIS REGULATION :
 Having regard to Council Regulation ( EEC) No
 1298 /76 of 1 June 1976 laying down general rules for
the supply of skimmed-milk powder as food aid to                                                        Article 1
certain developing countries and international organi­
zations under the 1976 programme ( 3 ), as amended by                  1.       Tenders shall be invited in accordance with the
 Regulation ( EEC) No 201 7/76 (4), and in particular                 provisions of Regulations ( EEC) No 1298 /76, ( EEC)
Article 6 thereof,                                                     No 1299 / 76 and ( EEC ) No 2018 / 76 for the costs of
                                                                      supplying to the Republic of Afghanistan one lot of
Whereas Council Regulation ( EEC) No 1299/76 of 1                     300 tonnes of vitaminized skimmed-milk powder to
June 1976 on the supply of skimmed-milk powder as                     be purchased on the Community market .
food aid to certain developing countries and interna­
tional organizations under the 1976 programme (5 ),                   2.        The skimmed-milk powder shall meet :
 provides inter alia for 200 tonnes of skimmed-milk
 powder to be made available to the Republic of Afgh­                 — as to quality, the requirements set out in the
anistan ; whereas Council Regulation ( EEC) No                               Annex to this Regulation ,
2018 /76 of 27 July 1976 on the additional supply of
skimmed-milk powder as food aid to certain deve­                      — as to packaging, the requirements set out in
loping countries, international organizations and non­                       Annex I to Commission Regulation ( EEC) No
governmental         organizations          under the        1976             1 108 /68 of 27 July 1968 on detailed rules of appli­
programme ( 6), provides inter alia for 100 tonnes of                        cation for public storage of skimmed-milk
skimmed-milk powder to be made available to the                              powder ( 7), as last amended by Regulation ( EEC)
                                                                             No 1 457/ 75 ( s ).
Republic of Afghanistan ; whereas this country has
 requested the delivery of 300 tonnes of vitaminized
skimmed-milk powder ;                                                  3.       In addition the successful tenderer shall supply
                                                                       5 % empty bags identical to those containing the
Whereas Regulation ( EEC) No 1298 /86 provides in                     goods .
Article 2 ( 2) that, if the amounts of skimmed-milk
powder in public stocks do not have the characteris­                  4 . The packaging of the skimmed-milk powder
tics necessary for their particular destination where                 shall bear the following inscription in letters at least
this requires, in particular, the addition of vitamins ,              one centimetre high :
supply shall be ensured by the buying-in of skimmed­
 milk powder on the Community market ;                                'Skimmed-milk powder enriched with vitamins A and
                                                                       D / Gift of the European Economic Community to
Whereas Article 5 of Regulation ( EEC) No 1298 / 76                   Afghanistan / For free distribution .'
provides that for the purpose of the supply and ship­
ment of skimmed-milk powder, invitations to tender
are to be issued ;                                                                                      A i title 2
(')  OJ No L 148 , 28 . 6 . 1968 , p. 1 V                              I.       Delivery shall be effected to the port of Le
(')  OJ No 1. 67 , 1 5 .     1976 , p. 9 .                             Havre .
(3)  OJ  No L 146,   4 . 6 . 1 976 , p. V
(4 ) OJ  No L 224,   16 . 8 . 1 976 , p. I.
C)   OJ  No L 146 ,  4 . 6 . 1976 , p. S.                             (') ()| No I. 1X4 , 1 K> 7 . IW>8 , |>. 14 .
(b)  OJ  No L 224 ,  16 . 8 . 1976 , p. 2 .                           ( s ) () I No I   14S , (, I ,. I           I 7.
 ---pagebreak--- No L 87/ 6                         Official Journal of the European Communities                              5 . 4 . 77
2. Delivery at the port of loading shall take place                                    Article 5
on a date fixed by the intervention agency concerned
which must be after 15 and before 31 May 1977 .              In the light of the tenders received and in accordance
                                                             with the procedure laid down in Article 30 of Regula­
3.     The time limit for the submission of tenders          tion ( EEC) No 804/68 a maximum amount, expressed
shall be 19 April 1977 at 12 noon .                          in units of account, shall be fixed or alternatively a
                                                             decision shall be taken to make no award .
                         Article 3
                                                                                       Article 6
1 . The intervention agencies shall draw up a notice
of invitation to tender which shall be published in the       1.    A tender shall be refused if the price proposed,
Official Journal of the European Communities not             converted into units of account, is more than the
less than 10 days before the closing date for the            maximum price fixed for the lot in question .
submission of tenders .
                                                             2.     Subject     as  provided   in paragraph    1,    the
2. Tenders, which shall be in writing, shall be              successful tenderer shall be the one whose offer,
submitted either by delivery by hand to an interven­         converted into units of account, is the lowest . Where
tion agency against acknowledgment of receipt or by          two or more valid offers specifying identical amounts,
registered letter to an intervention agency . Interven­      as converted into units of account, are received by a
tion agencies may also authorize the use of telex .          given intervention agency, the award shall be made by
                                                             drawing lots . Where such offers are made to different
3 . The tender may only be submitted to the inter­            intervention agencies, the amount shall be made by
vention agency of the Member State on whose terri­            the intervention agency selected in accordance with
tory the manufacture of the vitaminized skimmed­              the procedure referred to in Article 5 .
milk powder and its packaging, in accordance with
Article 1 (2), take place .                                   3.    The     intervention   agency shall  immediately
                                                              inform each tenderer whether he has been awarded
4.     A tender shall be valid only if it relates to the      the contract .
whole of the lot put up for tender.
5.     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 ;
                                                              5.    The intervention agencies shall immediately
(b) the port of loading mentioned in Article 2 ( 1 );         communicate to the Commission the tenderer's name
(c) the price , exclusive of taxes, expressed in the          and address .
     currency of the Member State in which the tender
     is presented , at which the tenderer undertakes to
     supply, under the stipulated conditions, the entire                                Article 7
     quantity to which his tender relates .
     Such price shall be inclusive of transport insur­         1 . The successful tenderer shall deliver at the port
     ance costs to the stage for delivery .                   of Le Havre and on the date fixed by the recipient
                                                              country the quantity of skimmcd-milk powder
6.     A tender shall be valid only if the proof is given     meeting the requirements as regards quality and pack­
before expiry of the period set for the submission of         aging laid down in Article 1 (2). Any schedule for
tenders that the security referred to in Article 4 has        instalment deliveries shall be fixed by the recipient
been provided .                                               country 's agent in agreement with the successful
                                                              tenderer .
7.     No tender may be withdrawn .
                                                              2 . The goods shall be regarded as delivered when
                                                              they are deposited at the place of exportation at the
                         Article 4                            point designated by the recipient country or its agent .
 1.    The tendering and delivery security shall be 20
 units of account per tonne of skimmcd-milk powder .                                    Article S
 2.    It shall take the form , at the discretion of the        I.   The competent agencv of the Member State in
 Member State concerned , either of a cheque made out         which the contract is awarded shall check that the
 in favour of the intervention agency, or of ;i bank          skimmcd-milk powder in question satisfies the
guarantee which satisfies the criteria fixed by the            requirements as to qualitv and packaging laid down in
 Member State .                                                Article I ( 2 ).
 ---pagebreak---   5 . 4 . 77                              Official Journal of the European Communities                            No L 87/7
  2.      If the goods are found to satisfy those require­          — Skummetmælkspulver              som       fødevarehjælp
  ments, as mentioned in Article 1 (2), the agency shall                 (forordning (E0F) nr. 710/77) bestemt til levering i
  provide the successful tenderer with a certificate to                  havnen i       '.
  that effect .
                                                                                             Article 10
  3.      Upon delivery of the goods at the port of embar­
  kation, the recipient country's agent shall hand to the
  successful tenderer, acting as agent for the Commu­                1.    Except in cases of force majeure, the tendering
  nity, a letter of acceptance .                                     and delivery security shall be released only if :
                                                                    (a) the tender has not been accepted ;
 This letter shall state that delivery of that quantity of          (b) the tenderer :
 skimmed-milk powder as well as the empty bags
  referred to in Article 1 (3) have been taken at the stage              — has     not  withdrawn    his  tender  before   the
 specified in Article 2 ( 1 ).                                               contract is awarded ,
                                                                         — has furnished the certificates provided for in
                                                                             Article 8 (2) and (3).
                             Article 9
                                                                     2.    Release of the security shall take place immedi­
 If the tender has been submitted to the intervention               ately.
 agency of another Member State than that in which
 the port of loading is situated the goods shall , on
 completion of the control referred to in Article 8 ( 1 ),                                   Article 11
 be placed under customs control with the object of
 ensuring that they are delivered at the port specified              In cases of force majeure, the intervention agency
 in Article 2 ( 1 ).                                                shall decide on the measures to be taken having
                                                                    regard to the circumstances invoked .
 Proof of delivery to the port of loading can be
 furnished only by production of the control copy                                            Article 12
 referred to in Article 1 of Commission Regulation
 ( EEC) No 2315/ 69 of 19 November 1969 on the use                  The amount referred to in Article 3 (5) (c) shall be
 of Community transit documents for the purpose of                  paid only on production of the certificate provided for
 applying Community measures for verifying the use                  in Article 8 (2) and (3).
 and/or destination of goods ('), as amended by Regula­
 tion ( EEC) No 690 / 73 (-').
                                                                                             Article 13
 Sections 101 , 103 and 104 of the control copy shall be
 completed .                                                        Except in cases of force majeure, the successful
                                                                    tenderer shall accept all financial liability devolving
 Section 104 shall be completed by deleting as neces­               upon the Community by reason of failure to load the
 sary and entering against the second indent one of the             skimmed-milk powder at the place and in due time,
 following endorsements :                                           the recipient country haying facilitated the delivery at
                                                                    the place and by the time appointed .
 — 'Skimmed-milk powder as food aid ( Regulation
       ( EEC) No 710 / 77) to be delivered at the port              Costs incurred by reason of failure to deliver the skim­
       of       ',                                                  med-milk powder as a result of force majeure shall be
— ' Lait écrémé en poudre a titre d'aide alimentaire                borne by the competent agency of the Member State
                                                                    concerned .
      (règlement (CEE) n° 710/77) destine a être au port
      de           \
— 'Magermilchpulver                als       Nahrungsmittelhilfe                             Article 14
      (Verordnung ( EWG ) Nr. 710/ 77) zur Lieferung
       zum Hafen von             bestimmt ',                        No refund or compensatory amount (whether mone­
                                                                    tary or accession ) shall be applicable in respect of the
— ' Latte scremato in polvere a titolo di aiuto aimen­
      tare ( regolamento (CEE ) n . 710/77) destinato ad
                                                                    skimmed-milk powder supplied under this Regula­
                                                                    tion .
      essere consegnato nel porto di              ',
— ' Magere-melkpoeder als voedselhulp (Verordening
      ( EEG ) nr. 710 / 77) bestemd om te worden geleverd                                   Article 15
      in de haven van           ',
                                                                    This Regulation shall enter into force on the day
(') Ol No L. 29 S , 24 . II . 1969 , p. 14 .                        following its publication in the Official Journal of
(-) OJ No I. 66. 13 . 3 . 197 .*. p. 23 .                           tin European Communities.
 ---pagebreak--- No L 87 / 8                             Official Journal of the European Communities                           5 . 4 . 77
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
             Done at Brussels, 4 April 1977 .
                                                                              For the Commission
                                                                               Finn GUNDELACH
                                                                                  Vice - President
                                                             ANNEX
                                               Skimmed-milk powder requirements
            ( a ) tat content :                                  1-5 % maximum
            ( b ) water content :                                4-0 % maximum
            (c)   total acidity in lactic acid :                 0-1 S % maximum ( IK       Dornic )
            (d)    test tor 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 (1 5.0 mg minimum )
            ( i ) germ content :                                 SO 000 per g maximum
            ( k ) colon bacillus titer :                         negative in 01 g
            ( 1 ) taste and smell :                              clean
            ( m ) appearance :                                   white or slightly yellowish colour, tree from
                                                                 impurities or coloured particles
            ( n ) vitamin content :
                  ( aa ) vitamin A :                             S 000 i.u . per 100 g minimum
                  ( bb ) vitamin D :                             500 i.u . per 100 g minimum