CELEX: 31976R2573
Language: en
Date: 1976-10-22 00:00:00
Title: Commission Regulation (EEC) No 2573/76 of 22 October 1976 on the invitation to tender for the supply to the Catholic Relief Service and to UNICEF, for use as food aid, of vitaminized skimmed-milk powder to be purchased on the Community Market

No L 293 / 14                             Official Journal of the European Communities                                23 . 10 . 76
                                       COMMISSION REGULATION ( EEC) No 2573/76
                                                          of 22 October 1976
                on the invitation to tender for the supply to the Catholic Relief Service and to
                UNICEF , for use as food aid , of vitaminized skimmed-milk powder to be
                                               purchased on the Community market
 THE COMMISSION OF THE EUROPEAN                                        powder available in public stocks with the characteris­
  COMMUNITIES,                                                         tics necessary for the particular destination where this
                                                                       requires, in particular, the addition of vitamins,
  Having regard to the Treaty establishing the European                supplies shall be obtained by purchase of skimmed­
  Economic Community,                                                  milk powder on the Community market ;
  Having regard to Council Regulation ( EEC) No                        Whereas Article 5 of Regulation (EEC) No 1298/76
  804/68 of 27 June 1968 on the common organization                    provides that for the purposes of the supply and ship­
 of the market in milk and milk products ('), as last                  ment of skimmed-milk powder, invitations to tender
 amended by Regulation (EEC) No 559/76 (2 ), and in                    are to be issued ;
 particular Article 7 (5) thereof,
                                                                       Whereas the procedure to be adopted for this
  Having regard to Council Regulation ( EEC) No                        tendering should in the main be the procedure used
  1298 /76 of 1 June 1976 laying down general rules for                hitherto in similar cases ;
 the supply of skimmed-milk powder under the 1976
 food-aid programme to certain developing countries
 and certain international organizations (3 ), as amended              Whereas the measures provided for in this Regulation
 by Regulation ( EEC) No 2017/76 (4) and in particular                 are in accordance with the opinion of the Manage­
 Article 6 thereof,                                                    ment Committee for Milk and Milk Products,
 Whereas Council Regulation ( EEC) No 1299/76 of 1
 June 1976 on the supply of skimmed-milk powder as
 food aid to certain developing countries and interna­                 HAS ADOPTED THIS REGULATION :
 tional organizations under the 1976 programme (5 ),
 provides for a reserve of 3 630 metric tons of skim­
 med-milk powder ; whereas, according to Council                                                   Article 1
 Regulation ( EEC) No 2025/ 76 of 27 July 1976, on the
 emergency supply of skimmed-milk powder to the                         1.     Tenders shall be invited in accordance with the
 Catholic    Relief  Service      for    distribution  to  certain
                                                                       provisions of Regulations (EEC) No 1298/76 (EEC)
 sections of the population of Chile, as food aid,                     No 2025/76 and ( EEC) No 2018 /76, for the costs of
 pursuant to Regulation ( EEC) No 1 299 /76 (6), 500                   delivery cif to the Catholic Relief Service and to
 metric tons of this reserve shall be to the Catholic
                                                                       UNICEF of respectively 500 metric tons and 4 375
 Relief Service ;
                                                                       metric tons of vitaminized skimmed-milk powder
                                                                       according to the lots and destinations mentioned in
 Whereas Council Regulation ( EEC) No 2018 /76 of 27                   Annex I to this Regulation .
 July 1976 on the additional supply of skimmed-milk
 powder as food aid to certain developing countries,
                                                                       2.      The ports of unloading to which deliveries cif
 international organizations and non-governmental                      shall be effected as well as the dates of embarkation
 organizations under the 1976 programme ( 7), provides                 shall be included in Annex I.
 for the supply to UNICEF of 1 1 000' metric tons of
 skimmed-milk powder ; whereas the Catholic Relief
 Service and UNICEF have made a request for the                        3.      The skimmed-milk powder shall meet :
 delivery of respectively 500 metric tons and 4 375
 metric tons of vitaminized skimmed-milk powder ;                     — as to quality, the requirements set out in Annex II
                                                                             to this Regulation ,
 Whereas Article 2 ( 2) of Regulation ( EEC) No 1298 / 76             — as to packing, the requirements set out in the
 provides that, if there is not enough skimmed-milk                          Annex to Commission Regulation (EEC) No
                                                                             1 108 /68 of 27 July 1968 on detailed rules on appli­
(') O I No L 148 , 28 . 6 . 1968 , p . 13 .                                  cation for intervention for public storage of skim­
(-) O'J No L 67, 15 . 3 . 1976, p. 9 .                                       med-milk powder (8 ), as last amended by Regula­
(3 ) O'j No L 146, 4 . 6. 1976, p. 3 .                                       tion ( EEC) No 1 457/ 76 (9 ).
(■») O'l No L 224, 16 . 8 . 1976, p . 1 .
( 5 ) 0 | No L 146, 4 . 6 . 1976 , p . 5 .
(«) 0 | No L 224, 16 . 8 . 1976 , p . 10 .                            ( s ) 0 | No L 184, 29 . 7 . 1968 , p . 34 .
( 7) 0 | No L 224, 16 . 8 . 1976, p . 2 .                             O Oj No L 14 5, 6 . 6 . 1975, p. 17 .
 ---pagebreak---  23 . 10 . 76                        Official Journal of the European Communities                            No L 293 / 1.5
 4. The packing of the skimmed-milk powder shall                2.     It shall take the form , at the discretion of the
 bear in letters at least one centimetre high, following        Member State concerned, either of a cheque made out
 the case, the marking mentioned in Annex I.                    in favour of the intervention agency, or of a bank
                                                               guarantee which satisfies the criteria fixed by the
 5. The successful tenderer shall supply a further              Member State .
 5 % of empty bags identical to those containing the
goods. He shall undertake to have these bags
 mentioned on the bill of lading.
                                                                                         Article 5
                          Article 2
                                                                In the light of the tenders received and in accordance
 1 . The intervention agencies shall draw up a notice          with the procedure laid down in Article 30 of Regula­
of invitation to tender which shall be published in the        tion (EEC) No 804/ 68 a maximum price, expressed in
 Official Journal of the European Communities not              units of account, shall be fixed or alternatively a deci­
                                                               sion shall be taken to make no award .
 less than 10 days before the closing date for the
submission of tenders .
 2.     The closing date for the submission of tenders                                   Article 6
shall be 9 November 1976 at 12 noon .
                                                                1.     A tender shall be refused if the price proposed,
                         Article 3                             converted into units of account, is more than the
                                                               maximum price fixed for the lot in question .
 1 . Tenders, which shall be in writing, shall be
submitted either by delivery by hand to an interven­           2.      Subject   as  provided    in    paragraph  1,  the
tion agency against acknowledgement of receipt or by           successful    tenderer shall   be   the  one whose offer,
registered letter addressed to an intervention agency.         converted into units of account, is the lowest . Where
Intervention agencies may also authorize the use of            two or more valid offers specifying identical amounts,
telex .                                                        as converted into units of account, are received by a
                                                               given intervention agency, the award shall be made by
2. A tender shall only be valid if it relates to the           drawing lots . Where such offers are made to different
whole of a lot put up to tender. As regards lots H 1 to        intervention agencies, the award shall be made by the
H 5, the tenderer shall specify for how many lots his          intervention agency selected in accordance with the
tender is valid . As regards the other lots a tender may       procedure referred to in Article .5 .
only relate to one lot .
3.      The tender shall indicate , inter alia :               3.      The   intervention   agency     shall  immediately
                                                               inform each tenderer whether he has been awarded
(a) the name and address of the tenderer ;                     the contract .
(b) the port or ports of loading, chosen from among
     Community ports ;                                         4.      Rights and obligations arising in connection
(c) the price, exclusive of taxes, expressed in the            with the invitation to tender shall not be transferable .
     currency of the Member State in which the tender
     is presented , at which the tenderer undertakes to        5.      The intervention agencies shall immediately
     supply, in accordance with the specifications laid        inform the Commission of the name and address of
     down , the entire quantity being the subject of its       the successful tenderer.
     tender.
     Such price shall be inclusive of transport insur­
     ance costs to the stage referred for delivery .                                     Article 7
4.      A tender shall be valid only if proof is given
before expiry of the period set for the submission of          1 . The successful tenderer shall deliver a quantity
tenders that the security referred to in Article 4 has         of skimmed-milk powder satisfying the requirements
been provided .                                                as to quality and packaging referred to in Article 1 (3).
5.      No tender may be withdrawn .                           2.      Delivery cif shall be completed when the goods
                                                               are actually deposited on the quayside or on board a
                         A rt icle 4                           lighter at the port of unloading.
1 . The tendering and delivery securities shall be 20          3 . The recipient organization shall bear all expendi­
units of account per metric ton of skimmed-milk                ture incurred after delivery, including acceptance
powder.                                                        costs .
 ---pagebreak--- No L 293/ 16                          Official Journal of the European Communities                                  23 . 10 . 76
                           Article 8                            ensuring that they are loaded at the port specified in
                                                                the tender.
Any demurrage costs at the port of unloading attribu­
table to the recipient shall be borne by it. The rates          Proof of loading can be furnished only by production
and other details concerning such costs shall be laid           of the control copy referred to in Article 1 of Commis­
down in the contract between the successful tenderer            sion Regulation (EEC) No 2315/69 of 19 November
and the carrier and must have been previously agreed            1969 on the use of Community transit documents for
upon by the successful tenderer acting as Community             the purpose of applying Community measures for veri­
agent and the recipient's delivery agent.                       fying the use and/or destination of goods ('), as
                                                                amended by Regulation (EEC) No 690/73 (2).
                           Article 9                            Sections 101 , 103 and 104 of the control copy shall be
                                                                completed .
1 . The intervention agency concerned shall as soon             Section 104 shall be completed by deleting as neces­
as possible notify the recipient body of the name of            sary and entering against the second indent one of the
the vessel, the date of loading, the quantity and the           following endorsements :
quality of the goods as recorded at time of loading
and the port of unloading.                                      — ' Delivery of skimmed-milk powder as food aid
                                                                     (Regulation ( EEC) No 2573/76) to be shipped
2. The successful tenderer shall inform the recip­                   from the port of          ';
ient at least 10 clear days in advance of the expected          — ' Livraison de lait écrémé en poudre à titre d aide
date of arrival of the ship in the port of unloading.                alimentaire (règlement (CEE) n° 2573/76 destinée
The successful tenderer shall have included in the
                                                                     à être embarquée au port de                 ';
terms of the charter-party a provision stipulating that
the ship's captain shall inform the recipient at least 72       — ' Lieferung von Magermilchpulver als Nahrungsmit­
hours in advance of the ship's probable date of arrival              telhilfe (Verordnung ( EWG) Nr. 2573/76) zur Vers­
                                                                     chiffung im Hafen von                  bestimmt' ;
in port.
                                                                — Fornitura di latte scremato in polvere a titolo di
                                                                     aiuto alimentare (regolamento (CEE) n . 2573/76)
                           Artide 10                                 destinata ad essere imbarcata nel porto di                 ';
                                                                — Levering van magere-melkpoeder als voedselhulp
1.        The competent agency of the Member State in                (Verordening (EEG) nr. 2573/76) bestemd om te
which the contract is awarded shall check that the                   worden verscheept in de haven van                  ';
skimmed-milk powder in question satisfies require­              — ' Levering af skummmetmælkspulver som fødeva­
ments as to quality and packaging laid down in                       rehjælp (forordning ( EØF) nr. 2573/76) bestemt til
Article 1 ( 1 ).                                                     lastning i havnen i           '.
2.        If the goods are found to satisfy those require­
ments, the agency shall , before completion of the                                        Artica- 12
customs formalities referred to in Article 11 ( 1 ),
provide the successful tenderer with a certificate to            1.     Except in cases of force majeure, the tendering
that effect .                                                   and delivery securities shall be released only if :
                                                                (a) the tender has not been accepted ;
3.        On delivery the recipient organization shall issue
a certificate proving taking delivery of the goods ,            (b) the tenderer :
stating that the delivery of that quantity of skimmed­               — has     not  withdrawn        his    tender  before    the
milk has been taken at the stage specified in Article                    contract is awarded ,
 1 ( 1 ).                                                            — has furnished the certificates specified 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
                                                                                          Article 13
made .
                                                                 In cases of force majeure, the intervention agency
2.        If the port of loading specified in the tender is     shall decide on the measures to be taken having
situated in a Member State other than that in which
                                                                 regard to the circumstances invoked .
the customs export formalities are carried out, the
goods shall , on completion of such formalities , be            (') Of No L 295 , 24 . 11 . 1969 , p . 14 .
placed under customs control with the object of                 (-') Oj No L 66, I.?. 3 . 1973, p. 23 .
 ---pagebreak--- 23 . 10 . 76                      Official Journal of the European Communities                      No L 293 / 17
                      Article 14                            borne by the competent agency of the Member State
                                                            in which the award of contract is made .
The amount referred to in Article 3 (3) (c) shall be
paid only on production of the certificates provided
                                                                                  Article 16
for in Article 10 (2) and (3).
                                                            No refund or compensatory amount (whether mone­
                      Article 15
                                                            tary or accession) shall be applicable in respect of
Except in cases of force majeure, the successful            skimmed-milk powder supplied under this Regula­
                                                            tion .
tenderer shall accept all financial liability devolving
upon the Community by reason of failure to load the
skimmed-milk . powder by the date specified in Article                            Artie e 17
1 (2).
                                                            This Regulation shall enter into force on the day
Costs incurred by reason of failure to deliver the skim­    following its publication in the Official Journal of
med-milk powder as a result of force majeure shall be       the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 22 October 1976 .
                                                                     For the Commission
                                                                       P.J. LARDINOIS
                                                                   Member of the Commission
 ---pagebreak--- No L 293 / 18                             Official Journal of the European Communities                                    23 . 10 . 76
                                                                  ANNEX I
                                                                               Date
    Recipient    Designation     Quantity            Port of unloading   of embarkation              Marking on the packing
     agency      of each lot
                                                                           at the latest
                                                                                         Leche en polvo vitaminado/ Donación de
Catholic
Relief
Service
               i
              j(
                   A
                   B
                   C
                             130 metric tons
                             171 metric tons
                             199 metric tons
                                                 Coquimbo (Chile)
                                                 Valparaiso (Chile)
                                                 Talcahuano (Chile)
                                                                       j 23. 12. 1976    la Comunidad Económica ^Europea para
                                                                                         Cathwel Chile / Destinado a la distribu­
                                                                                         ción gratuita
                                                                                         Vitaminized skimmed-milk powder /
UNICEF             D         216 metric tons     Rangoon ( Burma)         15 . 1 . 1977  Gift of the European Economic Com­
                                                                                         munity / Action of UNICEF
                                                                                         Lait écrémé en poudre vitamin.é / Don
UNICEF j           E
                   F
                             500 metric tons
                             524 metric tons
                                                 Haiphong (Vietnam)
                                                 Haiphong (Vietnam)    j 15.1.1977       de la Communauté Économique Euro­
                                                                                         péenne / Action de l'UNICEF
                                                                                         Vitaminized skimmed-milk powder /
UNICEF            G          216 metric tons     Aden (Yemen)             15 . 1 . 1977  Gift of the European Economic Com­
                                                                                         munity / Action of UNICEF
UNICEF j                                                               j15. 1 . 197
                   H 1       500 metric tons     Luanda (Angola)
                   H 2       500 metric   tons                                           Leite desnatato em pó com vitaminas A
                   H 3       500 metric   tons                                           y D / Dom da Comunidade económica
                   H 4       500 metric   tons   Luanda (Angola)                         Europeia / Acção do UNICEF
                   H 5       500 metric   tons   Luanda (Angola)
                                                                                         Vitaminized skimmed-milk powder /
UNICEF             I         419 metric tons     Port Sudan (Sudan )     15 . 1 . 1977   Gift of the European Economic Com­
                                                                                         munity / Action of UNICEF
 ---pagebreak--- 23 . 10 . 76                          Official Journal of the European Communities                          No L 293 / 19
                                                         ANNEX II
             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 ( 1 .5*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
                  (bb) Vitamin D :                            500 i.u . per 100 g