CELEX: 31977R0160
Language: en
Date: 1977-01-25 00:00:00
Title: Commission Regulation (EEC) No 160/77 of 25 January 1977 on the issue of an invitation to tender for the supply to Mauritius, for use as food aid, of vitaminized skimmed-milk powder to be bought on the Community market

No L 23 /38                               Official Journal of the European Communities                            27 . 1 . 77
                                       COMMISSION REGULATION ( EEC) No 160/77
                                                         of 25 January 1977
               on the issue of an invitation to tender for the supply to Mauritius, for use as
               food aid, of vitaminized skimmed-milk powder to be bought on the Community
                                                               market
THE COMMISSION OF THE EUROPEAN                                       Whereas Article 5 of Regulation (EEC) No 1298 /76
 COMMUNITIES,                                                         provides that for the purpose of the supply and ship­
                                                                      ment of skimmed-milk powder invitations to tender
 Having regard to the Treaty establishing the European               are to be issued ;
 Economic Community,
                                                                     Whereas the procedure to be adopted for this
 Having regard to Council Regulation (EEC) No                        tendering should in the main be the procedure used
 804/68 of 27 June 1968 on the common organization                    hitherto in similar cases ;
 of the market in milk and milk products ( 1 ), as last
 amended by Regulation (EEC) No 559/76 (2), and in                   Whereas the measures provided for in this Regulation
 particular Article 7 (5) thereof,                                   are in accordance with the opinion of the Manage­
                                                                      ment Committee for Milk and Milk Products,
 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
 certain developing countries and international organi­               HAS ADOPTED THIS REGULATION :
 zations under the 1976 programme (3 ), as amended by
 Regulation (EEC) No 201 7/76 (4), and in particular
 Article 6 thereof,
                                                                                                 Article 1
 Whereas Council Regulation (EEC) No 1299/76 of 1
                                                                      1.    Tenders shall be invited in accordance with the
June 1976 on the supply of skimmed-milk powder as
 food aid to certain developing countries and interna­                provisions of Regulations (EEC) No 1298 /76, (EEC)
 tional organizations under the 1976 programme ^),                    No 1299/76 and (EEC) No 2018 /76, for the costs of
 provides inter alia for 200 tonnes of skimmed-milk                  supplying a lot of 500 tonnes of vitaminized skimmed­
 powder to be made available to Mauritius ;                           milk powder bought on the Community market for
                                                                     Mauritius .
 Whereas Council Regulation (EEC) No 2018/76 of 27
July 1976 on the additional supply of skimmed-milk                    2.    The skimmed-milk powder shall meet :
 powder as food aid to certain developing countries,
 international organizations and non-governmental                    — as to . quality, the requirements set out in the
 organizations under the 1976 programme (6), provides                      Annex to this Regulation ,
 inter alia for 800 tonnes of skimmed-milk powder to                 — as to packaging, the requirements set out in
 be made available to Mauritius ; whereas this country                     Annex 1 to Commission Regulation (EEC) No
 has requested the delivery of 500 tonnes of vitami­                       1108 /68 of 27 July 1968 on detailed rules for
 nized skimmed-milk powder in which 300 tonnes                             public storage of skimmed-milk powder (7), as last
 shall be delivered in accordance with Regulation                          amended by Regulation ( EEC) No 1457/76 (8).
(EEC) No 2018 /76 ;
                                                                     3.     In addition the successful tenderer shall supply
Whereas Regulation (EEC) No 1298 /76 provides in                      5 % empty bags identical to those containing the
Article 2 (2) that, if the amounts of skimmed-milk                   goods.
 powder in public stocks do not have the characteris­
 tics necessary for their particular destination where               4. The packaging of the skimmed-milk powder
 this requires, in particular, the addition of vitamins,             shall bear the following inscription in letters at least
 supply shall be ensured by the buying-in of skimmed­                one centimetre high :
 milk powder on the Community market ;
                                                                     ' Lait écréme en poudre vitaminé/ Don de la Commu­
(')  OJ No  L 148 , 28 . 6 . 1968 , p . I V                          nauté économique européenne à l'île Maurice/À distri­
(2 ) OJ No  L 67, 15 . 3 . 1976 , p . 9 .                            buer gratuitement'.
P)   OJ No  L 146 , 4 . 6 . 1976 , p . 3 .
(4)  OJ No  L 224, 16 . 8 . 1976. p . 1 .
(5)  OJ No  L 146, 4 . 6 . 1976, p . 5 .                             ( 7) OJ No L 184, 29 . 7 . 1968 , p . 34 .
(*)  OJ No  L 224, 16 . 8 . 1976, p . 2 .                            ( 8) OJ No L 145 , 6 . 6 . 1975, p . 17 .
 ---pagebreak--- 27 . 1 . 77                           Official Journal of the European Communities                           No L 23 /39
                            Article 2                           2.     It shall take the form , at the discretion of the
                                                                Member State concerned, either of a cheque made out
1.     Delivery shall be effected to a French port desig­       in favour of the intervention agency, or of a bank
nated in the tender accessible for ocean-going ships            guarantee which satisfies the criteria fixed by the
having a regular service with the recipient country.            Member State .
2. Delivery at the port of loading shall take place
on a date fixed by the intervention agency concerned,                                     Article 5
which must be after 1 and before 15 March 1977 .
3.     The time limit for the submission of tenders              In the light of the tenders received and in accordance
shall be 8 February 1977 at 12 noon .                           with the procedure laid down in Article 30 of Regula­
                                                                tion (EEC) No 804/68 a maximum amount, expressed
                                                                in units of account, shall be fixed or alternatively a
                            Article 3                           decision shall be taken to make no award .
1 . The intervention agencies shall draw up a notice
of invitation to tender which shall be published in the                                   Article 6
Official Journal of the European Communities not
less than 10 days before the closing date for the
submission of tenders .                                          1.    A tender shall be refused if the price proposed,
                                                                converted into units of account, is more than the
2. Tenders, which shall be in writing, shall be                  maximum price fixed for the lot in question .
submitted either by delivery by hand to an interven­
tion agency against acknowledgment of receipt or by              2.    Subject    as   provided   in  paragraph   1, the
registered letter to an intervention agency. Interven­          successful tenderer shall be the one whose offer,
tion agencies may also authorize the use of telex .             converted into units of account , is the lowest . Where
                                                                 two or more valid offers specifying identical amounts,
3. The tender may only be submitted to the inter­               as converted into units of account, are received by a
vention agency of the Member State on whose terri­              given intervention agency, the award shall be made by
tory the manufacture of the vitaminized skimmed­                drawing lots. Where such offers are made to different
milk powder and its packaging, in accordance with                intervention agencies, the award shall be made by the
Article 1 (2), take place.                                       intervention agency selected in accordance with the
                                                                 procedure referred to in Article 5 .
4.     A tender shall be valid only if it relates to the
whole of the lot put up for tender.                              3.    The    intervention    agency  shall  immediately
                                                                 inform each tenderer whether he has been awarded
5.     The tender shall indicate inter alia :
                                                                 the contract .
(a) the name and address of the tenderer ;
(b) the port of embarkation chosen in accordance                4.     Rights and obligations arising in connection
                                                                with the invitation to tender shall not be transferable .
     with Article 2 ( 1 ) ;
(c) the price, exclusive of taxes, expressed in the
     currency of the Member State in which the tender            5.    The intervention agencies shall immediately
                                                                communicate to the Commission the tenderer's name
     is presented, at which the tenderer undertakes to           and address .
     supply, under the stipulated conditions, the entire
     quantity to which his tender relates .
     Such price shall be inclusive of transport insur­                                    Article 7
     ance costs to the stage for delivery.
                                                                 1 . The successful tenderer shall deliver at the port
6 . A tender shall be valid only if the proof is given           designated in Article 2 ( 1 ) and on the date fixed by
before expiry of the period set for the submission of            the recipient country the quantity of skimmed-milk
tenders that the security referred to in Article 4 has           powder meeting the requirements as regards quality
been provided .                                                  and packaging laid down in Article 1 (2). Any sche­
                                                                 dule for instalment deliveries shall be fixed by the
7.      No tender may be withdrawn .
                                                                 recipient country's agent in agreement with the
                                                                 successful tenderer .
                            Article 4
                                                                 2. The goods shall be regarded as delivered when
 1.    The tendering and delivery security shall be 20           they are deposited at the place of exportation at the
units of account per tonne of skimmed-milk powder.               point designated by the recipient country or its agent.
 ---pagebreak--- No L 23 /40                                 Official Journal of the European Communities                              27 . 1 . 77
                            Article 8                                 — Magere-melkpoeder als voedselhulp (Verordening
                                                                           (EEG) nr. 160/77) bestemd om te worden geleverd
1.       The competent agency of the Member State in                       in de haven van . .
which the contract is awarded shall check that the
skimmed-milk powder in question satisfies the requir­                 — 'Skummetmælkspulver             som      fødevarehjælp
ements as to quality and packaging referred to in                          (forordning (EØF) nr. 160/77) bestemt til levering i
                                                                           havnen i
Article 1 (2).
2.       If the goods are found to satisfy those require­                                     Article 10
ments the agency shall , as referred to in Article 1 (2),
provide the successful tenderer with a certificate to                  1.     Except in cases of force majeure, the tendering
that effect .                                                         security and delivery shall be released only if :
3 . Upon delivery of the goods at the port of embar­                  (a) the tender has not been accepted ;
kation, the recipient country's agent shall hand to the               (b) the tenderer :
successful tenderer acting as agent for the Community
                                                                           — has     not  withdrawn    his tender   before     the
a letter of acceptance .
                                                                               contract is awarded ,
This letter shall state that delivery of that quantity of                  — has furnished the certificates provided for in
skimmed-milk powder as well as the empty bags                                  Article 8 (2) and (3).
referred to in Article 1 (3) have been taken at the stage
specified in Article 2 ( 1 ).                                          2 . Release of the security shall take place immedi­
                                                                       ately.
                            Article 9
                                                                                              Article 11
If the tender has been submitted to the intervention
agency of another Member State than that in which                      In cases of force majeure, the intervention agency
the port of loading is situated the goods shall , on                   shall decide on the measures to be taken having
completion of the control referred to in Article 8 ( 1 ),              regard to the circumstances invoked.
be placed under customs control with the object of
ensuring that they are delivered at the port specified
                                                                                              Article 12
in Article 2 ( 1 ).
Proof of delivery to the port of loading can be                        The amount referred to in Article 3 (5) (c) shall be
furnished only by production of the control copy                       paid only on production of the certificate provided for
referred to in Article 1 of Commission Regulation                      in Article 8 (2) and (3).
(EEC) No 2315/ 69 of 19 November 1969 on the use
of Community transit documents for the purpose of                                             Article 13
applying Community measures for verifying the use
and/or destination of goods ('), as amended by Regula­                 Except in cases of force majeure, the successful
 tion ( 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 at the place and in due time,
completed .                                                            the recipient country having enabled 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
— 'Skimmed-milk powder as food aid (Regulation                         borne by the competent agency of the Member State
       (EEC) No 160/77) to be delivered at the port                    concerned .
       of . .
— ' Lait écrémé en poudre à titre d aide alimentaire                                           Article 14
       (règlement (CEE) n0 160/77) destiné a être livré au
       port de . . .',                                                 No refund or compensatory amount (whether mone­
— 'Magermilchpulver               als        Nahrungsmittelhilfe       tary or accession) shall be applicable in respect of the
       (Verordnung ( EWG) Nr. 160/77) zur Lieferung                    skimmed-milk powder supplied under this Regula­
       zum Hafen von . . . bestimmt',                                  tion .
 — ' Latte scremato in polvere a titolo di aiuto aimen­
       tare (regolamento (CEE) n . 160/77) destinato ad                                        Article /5
       essere consegnato 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 Eurobean Communities.
 ---pagebreak--- 27 . 1 . 77                          Official Journal of the European Communities                           No L 23/41
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
             Done at Brussels, 25 January 1977.
                                                                           For the Commission
                                                                            Finn GUNDELACH
                                                                               Vice-President
                                                         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° 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 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 minimum
                  (bb) vitamin D :                            500 i.u . per 100 g minimum