CELEX: 31976R2357
Language: en
Date: 1976-09-29 00:00:00
Title: Commission Regulation (EEC) No 2357/76 of 29 September 1976 concerning the issue of an invitation to tender for the supply to certain third countries 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/ 19
                                       COMMISSION REGULATION (EEC) No 2357/76
                                                       of 29 September 1976
                 concerning the issue of an invitation to tender for the supply to certain third
                 countries for use as food aid of vitaminized skimmed-milk powder to be
                                              purchased on the Community market
 THE COMMISSION OF THE EUROPEAN                                       whereas Regulation (EEC) No 1298/76 provides in
  COMMUNITIES,                                                       Article 2 (2) that, if the amounts of skimmed-milk
                                                                     powder in public stocks do not have the characteris­
  Having regard to the Treaty establishing the European              tics necessary for their particular destination where
  Economic Community,                                                this requires, in particular, the addition of vitamins,
  Having regard to Council Regulation (EEC) No                       supply shall be ensured by the buying-in of skimmed­
                                                                     milk powder on the Community market ;
  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                   Whereas Article 5 of Regulation (EEC) No 1298/76
 particular Article 7 (5) thereof,                                   provides that for the purpose of the supply and ship­
                                                                     ment of skimmed-milk powder invitations to tender
 Having regard to Council Regulation (EEC) No                        are to be issued ;
  1298/76 of 1 June 1976 laying down general rules for
 the supply of skimmed-milk powder as food aid to                    Whereas the measures provided for in this Regulation
 certain developing countries and international organi­
 zations under the 1976 programme (3), as amended by
                                                                     are in accordance with the opinion of the Manage­
                                                                     ment Committee for Milk and Milk Products,
 Regulation (EEC) No 201 7/76 (4), and in particular
 Article 6 thereof,
 Whereas Council Regulation (EEC) No 1299/76 of 1
 June 1976 on the supply of skimmed-milk powder as                   HAS ADOPTED THIS REGULATION :
 food aid to certain developing countries and interna­
 tional organizations under the 1976 programme (5)
 provides, respectively, for 800 metric tons of skimmed­
 milk powder to be made available to the Arab Repu­                                         Article 1
 blic of Egypt and for 600 metric tons of skimmed­
 milk powder to be made available to the Hashemite
                                                                      1.   Tenders shall be invited in accordance with the
 Kingdom of Jordan ;
                                                                     provisions of Regulations (EEC) No 1298/76, (EEC)
 Whereas Council Regulation (EEC) No 2018/76 of 27                   No 1299/76 and (EEC) No 2018/76, for the costs of
 July 1976 on the additional supply of skimmed-milk                  supplying :
 powder as food aid to certain developing countries,
 international organizations and non-governmental                    — 1 500 metric tons of vitaminized skimmed-milk
 organizations under the 1976 programme (6) provides,                    powder to the Arab Republic of Egypt and divided
 respectively, for 5 200 metric tons of skimmed-milk                     up into the following lots :
 powder to be made available to the Arab Republic of                     — Lot A1 : 500 metric tons,
 Egypt and for 500 metric tons of skimmed-milk                           — Lot A2 : 500 metric tons,
 powder to be made available to the Hashemite                            — Lot A3 : 500 metric tons.
 Kingdom of Jordan ;
                                                                     — 1 100 metric tons of vitaminized skimmed-milk
 Whereas the Arab Republic of Egypt has requested
 the delivery of 1 500 metric tons of vitaminized                        powder to the Hashemite Kingdom of Jordan and
 skimmed-milk powder, 800 metric tons of which                           divided up into the following lots :
 represent the quantity provided for by Regulation                       — Lot B1 : 550 metric tons,
(EEC) No 1299/76 ; whereas the Hashemite Kingdom                         — Lot B2 : 550 metric tons.
of Jordan has requested the delivery of the entire
quantity of 1 100 metric tons of vitaminized skimmed­
 milk powder ;                                                       2. The skimmed-milk powder shall meet the
                                                                     requirements as to quality and packaging set out in
(')  OJ   No  L 148, 28 . 6 . 1968 , p. 13                           the Annex to this Regulation .
(2 ) OJ   No  L 67, 15 . 3 . 1976, p. 9 .
(3)  OJ   No  L 146, 4. 6. 1976, p . 3 .                             3.    The successful tenderer shall deliver, as a supple­
(")  OJ   No  L 224, 16. 8 . 1976, p . 1 .
(s)  OJ   No  L 146, 4. 6. 1976, p . 5.                              ment, 5 % empty bags similar to those containing the
(')  OJ   No  L 224, 16. 8 . 1976, p . 2.                            goods.
 ---pagebreak--- No L 267/20                        Official Journal of the European Communities                             30 . 9 . 76
4. The packaging of the skimmed-milk powder                  tender for how many lots — under these conditions
shall bear the following inscription in letters at least 1   — it is valid .
cm high :
                                                             3.     The tender shall indicate inter alia :
— as regards Lots Al to A3 :
    'Skimmed-milk powder, enriched with vitamins A           (a) the name and address of the tenderer ;
    and D — Gift of the European Economic Commu­             (b) the price, exclusive of taxes, expressed in the
    nity to Egypt — For free distribution' ;                      currency of the Member State in which the tender
                                                                  is presented, at which the tenderer undertakes to
— as regards Lots B1 and B2 :
                                                                  supply, under the stipulated conditions, the total
    'Skimmed-milk powder, enriched with vitamins A                quantity to which his tender relates.
    and D — Gift of the European Economic Commu­
    nity to the Hashemite Kingdom of Jordan — For                 Such price shall be inclusive of transport insur­
    free distribution .'                                          ance costs to the stage for delivery.
                                                             4. A tender shall be valid only if the proof is given
                         Article 2                           before expiry of the period set for the submission of
                                                             tenders that the security referred to in Article 5 has
1.    Delivery shall be effected :                           been provided.
— as regards Lots Al to A3, from a port to be desig­         5.     No tender may be withdrawn .
    nated in the tender, chosen from among Commu­
    nity ports accessible for ocean-going ships and
    having a regular line to Alexandria,                                             Article ">
— as regards Lots B1 and B2, from a port to be desig­
    nated in the tender, chosen from among Commu­             1 . The tendering security shall be 20 units of
    nity ports accessible for ocean-going ships and          account per metric ton of skimmed-milk powder.
    having a regular line to the country of destination .
                                                             2.     It shall take the form, at the discretion of the
2. Delivery at the port of shipment shall take place         Member State concerned, either of a cheque made out
on a date fixed by the intervention agency concerned         in favour of the intervention agency, or of a bank
and which must be after 10 and before 30 November            guarantee which satisfies the criteria fixed by the
1976.                                                        Member State .
3.    The time limit for the submission of tenders
                                                                                     Article 6
expires on 12 October 1976 at 12 noon .
                                                             In the light of the tenders received and in accordance
                         Article 3                           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
The intervention agencies shall frame a notice of invi­      decision shall be taken to make no award .
tation to tender which shall be published in the Offi­
cial Journal of the European Communities not less
than 10 days before the closing date for the submis­                                 Article 7
sion of tenders.
                                                              1.    A tender shall be refused if the price proposed,
                                                             converted into units of account, is more than the
                         Article 4
                                                             maximum price fixed for the lot in question.
1 . Tenders, which shall be in writing shall be              2.     Subject as    provided   in   paragraph    1 , the
submitted either by delivery by hand to an interven­         successful tenderer shall be the one whose offer,
tion agency against acknowledgement of receipt or by         converted into units of account, is the lowest. Where
registered letter to an intervention agency. Interven­       two or more valid offers specifying identical amounts,
tion agencies may also authorize the use of telex.           as converted into units of account, are received by a
                                                             given intervention agency, the award shall be made by
2. A tender shall be valid only if it relates to the         drawing lots. Where such offers are made to different
entire quantity of a lot put out to tender. Moreover, a      intervention agencies, the award shall be made by the
tender shall relate only on lots designated by the same      intervention agency selected in accordance with the
capital letter. The tenderer shall make precise in his        procedure referred to in Article 6.
 ---pagebreak---     30 . 9. 76                         Official Journal of the European Communities                            No L 267/21
   3.     The    intervention   agency shall     immediately      2.    If the port of loading specified in the tender is
    inform each tenderer whether he has been awarded              situated in a Member State other than that in which
   the contract.                                                  the customs export formalities        are carried out, the
                                                                 goods shall, on completion of          such formalities, be
   4.     Rights and obligations arising in connection            placed under customs control          with the object of
   with the invitation to tender shall not be transferable .      ensuring that they are loaded at      the port specified in
                                                                  the tender.
    5.    The intervention agencies shall immediately
   communicate to the Commission the tenderer's name              Proof of loading can be furnished only by production
   and address.                                                  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
                            Article 8                             the purpose of applying Community measures for veri­
                                                                 fying the use and/or destination of goods ('), as
    1.    The successful tenderer shall deliver at the port      amended by Regulation (EEC) No 690/73 (2).
   designated in the tender and on the date fixed by the
   recipient country the quantity of skimmed-milk                Sections 101 , 103 and 104 of the control copy shall be
   powder meeting the requirements as regards quality            completed.
   and packaging laid down in the Annex to this Regula­
   tion . Any schedule for instalment deliveries shall be        Section 104 shall be completed by deleting as neces­
   fixed by the recipient country's agent in agreement           sary and entering against the second indent one of the
   with the successful tenderer.                                 following endorsements :
   2. The goods shall be regarded as delivered when              — 'Delivery of skimmed-milk powder as food aid
                                                                      (Regulation (EEC) No 2357/76) to be shipped
   they are deposited at the place of exportation at the              from the port of . . .' ;
   point designated by the recipient country or its agent.
                                                                 — ' Livraison de lait écrémé en poudre à titre d aide
                                                                      alimentaire (règlement (CEE) n0 2357/76) destinée
                            Article 9                                 a être embarquée au port de . . .' ;
                                                                 — ' Lieferung von Magermilchpulver als Nahrungsmit­
   Upon delivery of the goods at the port of embarka­                 telhilfe (Verordnung (EWG) Nr. 2357/76) zur Vers­
   tion, the recipient country's agent shall hand to the              chiffung im Hafen von . . . bestimmt' ;
   successful tenderer acting as agent for the Community
   a letter of acceptance.                                       — Fornitura di latte scremato in polvere a titolo di
                                                                      aiuto alimentare (regolamento (CEE) n . 2357/76)
                                                                      destinata ad essere imbarcata nel porto di . . .' ;
                            Article 10                           — ' Levering van magere-melkpoeder als voedselhulp
                                                                      Verordening (EEG) nr. 2357/76) bestemd 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
                                                                 — ' Levering af skummetmælkspulver som fødeva­
   skimmed-milk powder in question satisfies the requir­              rehjælp (forordning (EØF) nr. 2357/76) bestemt til
   ements as to quality and packaging laid down in the                lastning i havnen i
   Annex.
   2. If the goods are found to satisfy those require­                                    Article 12
   ments the agency shall, before completion of the
   customs formalities referred to in Article 11 ( 1 ),           1 . Except in cases of force majeure, the tendering
   provide the successful tenderer with a certificate to         security shall be released only if :
   that effect.
                                                                 (a) the tender has not been accepted ;
   3 . On delivery the recipient country shall issue a
                                                                 (b) the tenderer :
   certificate stating that delivery of that quantity of
   skimmed milk as well as the empty bags referred to in              — has     not  withdrawn     his   tender   before  the
   Article 1 (3) have been taken at the stage specified in                contract is awarded,
•» Article 2 ( 1 ).                                                   — has furnished the certificates provided for in
                                                                          Article 10 (2) and (3).
                            Article 11                           2. Release of the security shall take place immedi­
                                                                 ately.
   1.     Customs export formalities shall be carried out
   in the Member State in which the award of contract is         (') OJ No L 295, 24. 11 . 1969, p. 14.
   made .                                                        (2) OJ No L 66, 13 . 3 . 1973, p. 23 .
 ---pagebreak--- No L 267/22                       Official Journal of the European Communities                           30 . 9. 76
                      Article 13                            shall be borne by the competent agency of the
                                                            Member State concerned.
In cases of force majeure, the intervention agency
shall decide on the measures to be taken having
regard to the circumstances invoked.
                      Article 14                                                   Article 16
The amount referred to in Article 4 (3) (b) shall be
paid only on production of the certificate provided for      No refund or compensatory amount (whether mone­
in Article 10 (2) and (3).                                  tary or accession) shall be applicable in respect of
                                                            skimmed-milk powder supplied under this Regula­
                      Article 15                            tion .
Except in cases of force majeure, the successful
tenderer shall accept all financial liability developing
upon the Community by reason of failure to load the
                                                                                   Article 17
skimmed-milk powder at the place and in due time,
the recipient country having effected the delivery at
the place and by the time appointed.
                                                            This Regulation shall enter into force on the day
Costs incurred by reason of failure to deliver the           following its publication in the Official Journal of
skimmed-milk powder as a result of force majeure             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
 ---pagebreak--- 30 . 9 . 76                           Official Journal of the European Communities                              No L 267/23
                                                           ANNEX
             I. Skimmed-milk powder requirements
                 (a) fat content :                                  1-5 /o 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     4
                 (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/m2 or one
                          Kraft paper bag with polyethylene layer, of a strength representing at least 70 g 4- 15
                         g/m 2 ;
                     — one polyethylene inner bag at least 0 08 mm thick double bound.