CELEX: 31977R0365
Language: en
Date: 1977-02-22 00:00:00
Title: Commission Regulation (EEC) No 365/77 of 22 February 1977 concerning the invitation to tender for the supply to Indonesia, for use as food aid, of vitaminized skimmed-milk powder to be bought on the Community market

24. 2. 77                              Official Journal of the European Communities                           No L 52/ 11
                                  COMMISSION REGULATION (EEC) No 365/77
                                                    of 22 February 1977
             concerning the invitation to tender for the supply to Indonesia, for use as food
             aid, of vitaminized skimmed-milk powder to be bought 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 Treaty establishing the European            Whereas the measures provided for in this Regulation
Economic Community,
                                                                 are in accordance with the opinion of the Manage­
                                                                 ment Committee for Milk and Milk Products,
Having regard to Council Regulation (EEC) No
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                 HAS ADOPTED THIS REGULATION :
particular Article 7 (5) thereof,
                                                                                          Article 1
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                  1.    Tenders shall be invited in accordance with the
certain developing countries and international organi­            provisions of Regulations (EEC) No 1298/76 and
zations under the 1976 programme (3), as amended by              (EEC) No 2018/76 for the costs of supplying one lot
Regulation (EEC) No 201 7/76 (4), and in particular               of 500 tonnes of vitaminized skimmed-milk powder,
Article 6 thereof,                                                bought on the Community market, to Indonesia.
                                                                  2.    The skimmed-milk powder shall meet :
Whereas Council Regulation (EEC) No 2018/76 of 27
July 1976 on the additional supply of skimmed-milk               — as to quality, the requirements set out in the
powder as food aid to certain developing countries,                   Annex to this Regulation,
international organizations and non-governmental
organizations under the 1976 food-aid programme (5),             — as to packaging, the requirements set out in
provides inter alia for 500 tonnes of skimmed-milk                    Annex I to Commission Regulation (EEC) No
powder to be made available to Indonesia ; whereas                    1108/68 of 27 July 1968 on detailed rules for
this country has requested the delivery of the above­                 public storage of skimmed-milk powder (6), as last
mentioned quantity of vitaminized skimmed-milk                        amended by Regulation (EEC) No 1 457/75 (7).
powder ;
                                                                  3 . In addition the successful tenderer shall supply
                                                                  5 % empty bags identical to those containing the
Whereas Regulation (EEC) No 1298/76 provides in                  goods.
Article 2 (2) that, if the amounts of skimmed-milk
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 ;
                                                                 'Skimmed-milk powder enriched with vitamins A and
                                                                  D / Gift of the European Economic Community to
                                                                  Indonesia.'
Whereas Article 5 of Regulation (EEC) No 1298/76
provides that for the purpose of the supply and ship­
ment of skimmed-milk powder invitations to tender
are to be issued :                                                                        Article 2
(») OJ No  L 148, 28 . 6. 1968, p. 13.
(2) OJ No  L 67, 15. 3. 1976, p. 9.                               1.    Delivery shall be effected to the port of Antwerp.
(J) OJ No  L 146, 4. 6. 1976, p. 3 .
C)  OJ No  L 224, 16. 8 . 1976, p. 1 .                           (') OJ No L 184, 29. 7. 1968, p. 34.
Is) OJ No L 224, 16. 8. 1976, p. 2.                              (7) OJ No L 145, 6. 6. 1975, p. 17.
 ---pagebreak--- No L 52/ 12                         Official Journal of the European Communities                            24. 2. 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 30 April 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 8 March 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 driaw up a notice
of invitation to tender which shall be published in the
 Official Journal of the European Communities not              1.   A tender shall be refused if the price proposed,
less than 10 days before the closing date for the             converted into units of account, is more than the
submission of tenders.                                        maximum price fixed for the lot in question.
2. 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 acknowledgment 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
3. The tender may only be submitted to the inter­             drawing lots. Where such offers are made to different
vention agency of the Member State on whose terri­            intervention agencies, the amount shall be made by
tory the manufacture of the vitaminized skimmed­              the intervention agency selected in accordance with
milk powder and its packaging, in accordance with             the procedure referred to in Article 5.
Article 1 (2), take place.
                                                              3.    The   intervention   agency shall    immediately
4. A tender shall be valid only if relates to the             inform each tenderer whether he has been awarded
whole of the lot put up for tender.                           the contract.
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 ;
(b) the port of loading chosen according to Article 2         5.    The intervention agencies shall immediately
     ( i );                                                   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.
                                                              1 . The successful tenderer shall deliver at the port
     Such price shall be inclusive of transport insur­        of Antwerp and on the date fixed by the recipient
     ance costs to the stage for delivery.                    country the quantity of skimmed-milk powder
                                                              meeting the requirements as regards quality and pack­
6. A tender shall be valid only if the proof is given         aging laid down in Article 1 (2). Any schedule for
before expiry of the period set for the submission of         instalment deliveries shall be fixed by the recipient
tenders that the security referred to in Article 4 has        country's agent in agreement with the successful
been provided.                                                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 skimmed-milk powder.                                   Article 8
2.       It shall take the form, at the discretion of the     1.    The competent agency 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 a bank            skimmed-milk powder in question satisfies the
guarantee which satisfies the criteria fixed by the           requirements as to quality and packaging referred to
Member State.                                                 in Article 1 (2).
 ---pagebreak--- 24. 2. 77                           Official Journal of the European Communities                          No L 52/ 13
2. If the goods are found to satisfy those require­           — 'Skummetmælkspulver             som      fødevarehjælp
ments the agency shall, as referred to in Article 1 (2),           (forordning (EØF) nr. 365/77) 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 Community          1 . Except in cases of force majeure, the tendering
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 (2).
                                                                                      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 having enabled the delivery at
                                                               the place and by the time appointed.
— 'Skimmed-milk powder as food aid (Regulation
     (EEC) No 365/77) 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 à titre d aide alimentaire           borne by the competent agency of the Member State
                                                               concerned.
     (règlement (CEE) n0 365/77) destiné à être livré au
      port de       ',
 — Magermilchpulver            als    Nahrungsmittelhilfe                             Article 14
     (Verordnung (EWG) Nr. 365/77) zur Lieferung
      zum Hafen von           bestimmt',                       No refund or compensatory amount (whether mone­
 — Latte scremato in polvere a titolo di aiuto aimen­          tary or accession) shall be applicable in respect of the
      tare (regolamento (CEE) n . 365/77) destinato ad         skimmed-milk powder supplied under this Regula­
                                                               tion .
      essere consegnato nel porto di         ',
 — Magere-melkpoeder als voedselhulp (Verordening
      (EEG) nr. 365/77) bestemd om te worden geleverd                                  Article 15
      in de haven van        ',
                                                               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
 (*) OJ No L 66, 13. 3. 1973, p. 23.                            the European Communities.
 ---pagebreak--- No L 52/ 14                          Official Journal of the European Communities                           24. 2. 77
            This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 22 February 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° Dornic)
           (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 0-1 g
           (1) taste and smell :                              clean
           (m) appearance :                                   white or slightly yellowish colour, free from
                                                              impurities or coloured particles
           (n) vitamin content :
                (aa) vitamin A :                              5 000 i.u. per 100 g minimum
                (bb) vitamin D :                              500 i.u. per 100 g minimum