CELEX: 31976R2608
Language: en
Date: 1976-10-28 00:00:00
Title: Commission Regulation (EEC) No 2608/76 of 27 October 1976 concerning an invitation to tender for the costs of delivery of skimmed-milk powder to the Democratic Republic of Somalia

28 . 10 . 76                              Official Journal of the European Communities                          No L 297/ 19
                                     COMMISSION REGULATION (EEC) No 2608/76
                                                        of 27 October 1976
              concerning an invitation to tender for the costs of delivery of skimmed-milk
                                       powder to the Democratic Republic of Somalia
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 . In accordance with the provisions of Regulations
804/68 of 27 June 1968 on the common organization                   (EEC) No 1298/76, (EEC) No 1299/76 and (EEC) No
                                                                     2018 /76, tenders shall be invited for the costs of
of the market in milk and milk products ( ! ), as last
                                                                    delivery of 2 000 metric tons of skimmed-milk
amended by Regulation (EEC) No 559/76 (2), and in
particular Article 7 (5) thereof,                                    powder for the Democratic Republic of Somalia and
                                                                    divided into two lots of 1 000 metric tons .
Whereas Council Regulation (EEC) No 1299/76 of 1
June 1976 on the supply of skimmed-milk powder as                    2. Delivery shall be carried out at the port of
food aid to certain developing countries and interna­                unloading Mogadishu.
tional organizations under the 1976 programme (3)
provides, inter alia, for 850 metric tons of skimmed­                3. The skimmed-milk powder shall meet the requir­
milk powder to be made available to the Democratic                   ements for quality and packing set out in the Annex
Republic of Somalia,                                                 to Commission Regulation (EEC) No 1108/68 of 27
                                                                    July 1968 on detailed rules of application for public
Whereas Council Regulation (EEC) No 2018/76 of 27                    storage of skimmed-milk powder (7), as last amended
July 1976 on the additional supply of skimmed-milk                   by Regulation (EEC) No 1457/75 (8).
powder as food aid to certain developing countries,
international organizations and non-governmental                    4. The skimmed-milk powder shall be taken from
organizations ^) provides, inter alia, for 2 150 metric              the Irish intervention agency.
tons of skimmed-milk powder to be made available to
the Democratic Republic of Somalia ;                                 5. The intervention agency shall supply 2% extra
                                                                     empty bags identical to those containing the goods.
Whereas this country has requested the supply of                    The tenderer undertakes to have these bags
2 000 metric tons of skimmed-milk powder of which                    mentioned on the bill of lading.
 1 150 metric tons are to be supplied under Regulation
(EEC) No 2018/76 ;
                                                                     6.      loading shall take place as soon as possible and
                                                                     not later than 20 December 1976 .
Whereas under Article 5 of 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                 7. The packing of the skimmed-milk powder shall
certain developing countries and international organi­               bear the following in letters at least one centimetre
zations under the 1976 programme ^), as last                         high :
amended by Regulation (EEC) No 201 7/76 (6), invita­
tions to tender must be issued for the delivery costs in            'Skimmed-milk powder non-enriched / Gift of the
respect of these quantities ;                                        European Economic Community / For free distribu­
                                                                     tion .'
Whereas the tendering procedure should essentially
be that laid down in similar cases ;
                                                                                               Article 2
Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Manage­                    1 . The Irish intervention agency shall frame a
ment Committee for Milk and Milk Products ,                          notice of invitation to tender which shall be published
                                                                     in the Official Journal of the European Communities
(')  OJ No  L 148 , 28 . 6 . 1968 , p . 13.                          not less than 10 days before the closing date for the
(2 ) OJ No  L 67, 15. 3 . 1976, p . 9 .                              submission of tenders .
(3)  OJ No  L 146, 4. 6 . 1976 , p . 5.
 4)  OJ No  L 224, 16 . 8 . 1976, p . 2 .
(5)  OJ No  L 146, 4 . 6 . 1976, p . 3 .                            ( 7) OJ No L 184, 29 . 7. 1968 , p . 24.
(b)  OJ No  L 224, 16. 8 . 1976, p . 1 .                            (8) OJ No L 145, 6. 6. 1975, p. 17.
 ---pagebreak--- No L 297/20                        Official Journal of the European Communities                           28 . 10 . 76
2.      The closing date for the submission of tenders       2.    Subject   as  provided    in   paragraph    1,   the
shall be 9 November 1976 at 12 noon .                        successful tenderer shall be the one whose offer,
                                                             converted into units of account, is the lowest. Where
                         Article 3                           two or more valid offers specifying identical amounts
                                                             are received, the award shall be made by drawing lots.
1 . Tenders, which shall be in writing, shall be
submitted either by delivery l?y hand to an interven­        3.    The   intervention    agency shall    immediately
                                                             inform each tenderer whether he has been awarded
tion agency against acknowledgement of receipt or by         the contract.
registered letter addressed to an intervention agency.
Intervention agencies may also authorize the use of
telex .                                                      4.    Rights and obligations arising in connection
                                                             with the invitation to tender shall not be transferable .
2. A tender shall be valid only if it relates to the
entire quantity of a lot put out to tender.                   5.   The Irish intervention agency shall immediately
                                                             inform the Commission of the successful tenderers'
The tenderer shall specify in his tender whether it is       name and address .
valid for one or both lots put out to tender.
3.      The tender shall indicate inter alia :                                       Article 7
(a) the name and address of the tenderer ;                    1.   The successful tenderer shall deliver the skim­
(b) the port or ports of loading, chosen from among          med-milk powder satisfying the requirements as to
    Community ports ;                                        quality and packing referred to in Article 1 (3).
(c) the price, exclusive of taxes, expressed in Irish
    pounds, at which the tenderer undertakes to              2. Delivery at the port of unloading shall be consid­
    supply, in accordance with the specifications the        ered as completed when the goods are actually depo­
    entire quantity which is the subject of his tender.      sited on the quayside or on board a lighter at the port
Such price shall be inclusive of transport insurance         of unloading.
costs until the stage fixed for the delivery.
                                                             3 . The country of destination shall bear all expendi­
4. A tender shall be valid only if the proof is given        ture incurred after delivery including acceptance costs.
before expiry of the period set for the submission of
tenders that the security referred to in Article 4 has
been provided.                                                                       Article 8
5.      The tender may not be withdrawn .                    Any demurrage costs at the port of unloading attribu­
                                                             table to the recipient country shall be borne by it. The
                         Article 4                           rates and other details concerning such costs shall be
                                                             laid down     in the contract between     the successful
1 . The tendering and delivery security shall be two         tenderer and the carrier and must have been previ­
units of accdunt per metric ton of skimmed-milk              ously agreed upon by the successful tenderer acting as
powder.                                                      Community agent and the country of destination's
                                                             agent.
2.      It shall take the form, at the discretion of the
Member State concerned, either of a cheque made out
in favour of the intervention agency, or of a bank                                   Article 9
guarantee which satisfies the criteria fixed by the
Member State .                                                1 . The intervention agency concerned shall as soon
                                                             as possible notify the country of destination of the
                                                             name of the vessel, the date of loading, the quantity
                         Article 5                           and the quality of the goods as recorded at the time of
                                                             loading and the port of unloading.
In the light of the tenders received and in accordance
with the procedure laid down in Article 30 of Regula­        2. The successful tenderer shall inform the country
tion (EEC) No 804/68 a maximum price, expressed in           of destination at least 10 clear days in advance of the
units of account, shall be fixed or alternatively a deci­    expected date of arrival of the ship in the port of
sion shall be taken to make no award .
                                                             unloading.
                         Article 6                           3.    The successful tenderer shall have included in
                                                             the terms of the charter-party a provision stipulating
1.      A tender shall be refused if the price proposed ,    that the ship's captain shall inform the country of
converted into units of account, is more than the            destination at least 72 hours in advance of the ship's
maximum price fixed for the lot in question .                probable date of arrival in port.
 ---pagebreak--- 28 . 10. 76                         Official Journal of the European Communities                        No L 297/21
                        Article 10                                                   Article 13
1 . At the time of taking over, the successful
tenderer shall check that the quantity of skimmed­            The amount referred to in Article 3 (3) (c) shall be
milk powder collected satisfies the quantity to be            paid only on production of the certificates provided
supplied.                                                     for in Article 10 (2).
Moreover, he shall check that the packing of the skim­
med-milk powder satisfies the requirements fixed in                                  Article 14
Article 1 (3).
2. On delivery effected within the meaning of                 Except in cases of force majeure, the successful
Article 7 (2), the country of destination shall issue a       tenderer shall accept all financial liability devolving
certificate proving taking delivery of that quantity of       upon the Community by reason of failure to load the
skimmed-milk powder at the stage specified in Article         skimmed-milk powder by the date specified in Article
1 (2)..                                                        1 (6).
                        Article 11                            Costs incurred by reason of failure to deliver the skim­
                                                              med-milk powder as a result of force majeure shall be
1 . Except in cases of force majeure, the tendering           borne by the Irish intervention agency.
and delivery security shall be released only if :
(a) the tender has not been awarded ;
(b) the tenderer :                                                                   Article 15
     — has    not   withdrawn   his  tender    before the
        contract is awarded,                                  No refund or compensatory amount (whether mone­
     — has furnished the certificates provided for in         tary or accession) shall be applicable in respect of
        Article 10 (2).                                       skimmed-milk powder supplied under this Regula­
                                                              tion .
2. Release of the security shall take place immedi­
ately.
                                                                                     Article 16
                        Article 12
In cases of force majeure, the selling intervention           This Regulation shall enter into force on the day
agency shall decide on the measures to be taken               following its publication in the Official Journal of
having regard to the circumstances invoked .                   the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 27 October 1976 .
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                     Member of the Commission