CELEX: 31976R0422
Language: en
Date: 1976-02-27 00:00:00
Title: Commission Regulation (EEC) No 422/76 of 25 February 1976 on the invitation to tender for the costs of delivery of skimmed-milk powder as food aid to Somalia

No L 52/ 12                           Official Journal of the European Communities                              27. 2. 76
                                   COMMISSION REGULATION (EEC) No 422/76
                                                   of 25 February 1976
              on the invitation to tender for the costs of delivery of skimmed-milk powder as
                                                   food aid to Somalia
THE COMMISSION OF THE EUROPEAN                                  Annex I to Commission Regulation (EEC) No
COMMUNITIES,                                                     1108/68 of 27 July 1968 on detailed rules of applica­
                                                                 tion for public storage of skimmed-milk powder (4), as
Having regard to the Treaty establishing the European            last amended by Regulation (EEC) No 1 457/75 (5).
Economic Community,
                                                                The Belgian intervention agency has the following
Having regard to Council Regulation (EEC) No
                                                                words in letters at least one centimetre high applied
804/68 of 27 June 1968 on the common organization                on the packing :
of the market in milk and milk products ( J), as last
amended by Regulation (EEC) No 740/75 (2), and in                'Skimmed-milk powder — gift of the European
particular Articles 7 (5) and 28 thereof,                        Economic Community to the Somali Democratic
                                                                 Republic — to be distributed free of charge*.
Whereas Council Regulation (EEC) No 713/75 of 18
March 1975 laying down the general rules for the                 3. The intervention agency shall supply a further
supply of skimmed-milk powder as food aid to                     5 % empty bags identical to those containing the
Somalia (3), provides for a reserve of 2 000 metric tons         goods. The successful tenderer undertakes to have
of skimmed-milk powder to be delivered following                 these bags mentioned on the bill of lading.
the evolution of the needs of Somalia ; whereas this
country has applied for the supply cif of 1 000 metric           4. Delivery shall be made cif Mogadishu (Somalia)
tons of skimmed-milk powder ;                                    according to Article 5 ( 1 ).
Whereas Article 5 of Regulation (EEC) No 713/75
provides that for the purposes of the supply and ship­           5.      Loading shall take place :
ment of skimmed-milk powder invitations to tender                for lot A (500 metric tons) : after 1 and before 1 5 April
are to be issued ;                                                1976,
Whereas the procedure to be adopted for this                     for lot B (500 metric tons) : after 1 and before 1 5 May
tendering should in the main be the procedure used                1976 .
hitherto in similar cases ;
Whereas the measures provided for in this Regulation                                       Article 2
are in accordance with the opinion of the Manage­
ment Committee for Milk and Milk Products,                        1.     The Belgian intervention agency shall draw up
                                                                 the notice of invitation to tender, which shall be
                                                                 published in the Official Journal of the European
HAS ADOPTED THIS REGULATION :                                     Communities not less than 10 days before the closing
                                                                 date for the submission of tenders .
                          Article 1                              2.      The closing date for the submission of tenders
                                                                 shall be 16 March 1976 at 12 noon .
1.    Tenders shall be invited in accordance with the
provisions of Regulation (EEC) No 713/75 for the                  3.     The intervention agency shall indicate in its
costs of delivery to Somalia of a lot of 1 000 metric             notice   of   invitation  the   warehouses   where   the
tons of skimmed-milk powder which has been subject               skimmed-milk powder is held.
to the intervention measures specified in Article 7 of
Regulation (EEC) No 804/68 , divided into two lots of
500 metric tons .
                                                                                           Article 3
The skimmed-milk powder shall be taken from the
Belgian intervention agency.                                      1 . Tenders, which shall be in writing, shall be
                                                                  submitted either by delivery by hand to the interven­
2. The skimmed-milk powder shall, as to quality                   tion agency against acknowledgement of receipt or by
and packing, satisfy the provisions laid down in                  registered letter addressed to the intervention agency.
                                                                  Each tender may only relate to one lot.
0) OJ No L 148 , 28 . 6. 1968 , p. 13 .
(2) OJ No L 74, 22. 3 . 1975, p. 1 .                             (4) OJ No L 184, 29 . 7. 1968 , p. 34.
(J) OJ No L 71 , 20 . 3 . 1975, p. 4.                            (5) OJ No L 145, 6. 6. 1975, p . 17.
 ---pagebreak--- 27. 2. 76                            Official Journal of the European Communities                            No L 52/ 13
2.     The tender shall indicate :                                                        Article 6
(a) the name and address of the tenderer ;                      In the light of the tenders received and in accordance
(b) the amount of bid exclusive of tax, expressed in           with the procedure laid down in Article 30 of Regula­
     Belgian francs, for which the tenderer undertakes         tion (EEC) No 804/68 , a maximum amount, expressed
     to deliver the skimmed-milk powder cif under the          in units of account, shall be fixed or alternatively a
                                                               decision shall be taken to make no award.
     conditions laid down in Article 5 including the
     insurance costs covering the value of the goods ;
(c) the port of embarkation which may be any                                              Article 7
     Community port.
                                                                1.     A    tender  shall  be   refused  if  the  amount
3.     The tender shall not be valid unless :                   proposed, converted into units of account, is more
                                                               than the maximum amount fixed for the lot in ques­
(a) it relates to the whole of the lot to which the invita­    tion .
     tion to tender relates ;
(b) proof is furnished that before expiry of the time          2.      Without prejudice to the provisions of paragraph
     limit for the submission of tenders, the tenderer          1 , the successful tenderer shall for each lot be the one
     has given the security fixed in Article 4.                making the lowest offer.
4.     The tender may not be withdrawn .                       Where two or more valid offers specify amounts
                                                               which when converted into units of account are iden­
                                                               tical, the award shall be made by drawing lots.
                         Article 4
                                                               3. Each tenderer shall be immediately notified by
 1 . The security required for the invitation to tender        the intervention agency of the result of his participa­
                                                               tion in the invitation to tender. The intervention
shall be two units of account per metric ton of
skimmed-milk powder.
                                                               agency concerned shall immediately inform the
                                                               Commission of the name of the successful tenderer.
2. It shall take the form, at the option of the                4.      Rights and obligations arising in connection
Member State concerned, either of a cheque made out            with the invitation to tender shall not be transferable.
in favour of the country of destination, or of a bank
guarantee which satisfies the criteria laid down by that
Member State .                                                                            Article 8
                                                               When the successful tenderer takes delivery of the
                         Article 5                             skimmed-milk powder, he shall ensure that the quan­
                                                               tity handed over corresponds to the quantity to be
1.     Delivery costs shall be the costs incurred up to        delivered.
the time when the goods are deposited on the quay­
side or on board lighters, if used, all costs subsequent       Furthermore, he shall ensure that the packing of the
to delivery, including costs of taking delivery, to be         skimmed-milk powder satisfies the requirements laid
borne by the country of destination .                          down in Article 1 (2).
2. Any demurrage costs at the port of unloading in                                        Article 9
respect of delays attributable to the country of destina­
tion shall be chargeable to the latter. The rates and          The Belgian Government shall :
other details concerning such costs shall be laid down
in the contract between the successful tenderer and             1.     ensure that the successful tenderer shall :
the carrier and must have been previously agreed               (a) notify the country of destination, as soon as
upon between the former and the delivery agent of                    possible after the goods have been loaded on
the country of destination .                                         board ship, of details of the ship, the loading date,
                                                                     the quantity and quality of the goods as recorded
3. Except in cases of force majeure every successful                 on shipment and the port of unloading ;
tenderer shall accept all financial liability devolving
upon the Community by reason of failure to deliver             (b) at least 10 clear days in advance, inform the
the skimmed-milk powder at the place and by the                      country of destination of the expected date of
time appointed, provided always that the country of                  arrival at the port of ship's unloading ;
destination has made it possible for the skimmed­              (c) have included in the terms of the charter-party a
milk powder to be so delivered. Costs incurred by                    provision stipulating that the ship's captain shall,
reason of failure to deliver the skimmed-milk powder                 at least 72 hours in advance, notify the country of
as a result of force majeure shall be borne by the                   destination of the ship's probable date of arrival in
Belgian intervention agency.                                         port ;
 ---pagebreak---  No L 52/ 14                       Official Journal of the European Communities                             27. 2. 76
2. send to the Commission as soon as possible the            measures to be taken having regard to the circum­
information specified in paragraph 1 (a) and (b).            stances invoked and shall inform the Commission
                                                             thereof.
                        Article 10
 1 . The goods shall be regarded as delivered cif
when they are deposited on the quayside in the port                                 Article 13
of unloading or on board lighters, if used.
2. On cif delivery in accordance with paragraph 1
the country of destination shall issue a certificate         The intervention agency shall pay to the successful
declaring that the skimmed-milk powder has been              tenderer the amount stated in his tender upon produc­
delivered.                                                   tion of the certificate referred to in Article 10 (2).
                        Article 11
 1.   Save in the case of force majeure, the tendering                              Article 14
security shall be released only if :
(a) the tender has not been accepted ;                       No refund or compensatory amount (whether mone­
(b) the tenderer :                                           tary or accession) shall be applied in respect of the
     — has not withdrawn his tender before the deci­         skimmed-milk powder to which this Regulation
        sion awarding the tender,                            applies.
    — has furnished the certificate provided for in
        Article 10 (2).
2.    The security shall be released immediately.                                   Article 15
                        Article 12
                                                             This Regulation shall enter into force on the third day
In cases of force majeure the intervention agency            following its publication in the Official Journal of
selling the skimmed-milk powder shall decide on the          the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 25 February 1976.
                                                                      For the Commission
                                                                        P.J. LARDINOIS
                                                                  Member of the Commission