CELEX: 31976R2003
Language: en
Date: 1976-08-13 00:00:00
Title: Commission Regulation (EEC) No 2003/76 of 10 August 1976 on the invitation to tender for the costs of delivery to the Republic of Senegal of skimmed-milk powder as food aid

13 . 8 . 76                                Official Journal of the European Communities                           No L 220/ 19
                                       COMMISSION REGULATION (EEC) No 2003/76
                                                           of 10 August 1976
                 on the invitation to tender for the costs of delivery to the Republic of Senegal of
                                                  skimmed-milk powder as food aid
 THE COMMISSION OF THE EUROPEAN                                         port of unloading Dakar pursuant to Article 5 to the
 COMMUNITIES,                                                           Republic of Senegal of a lot of 200 metric tons of
                                                                        skimmed-milk powder bought in under Article 7 ( 1 )
 Having regard to the Treaty establishing the European                  of Regulation (EEC) No 804/68, and held by the
 Economic Community,                                                    French intervention agency.
 Having regard to Council Regulation (EEC) No                           2.   At the time it is withdrawn from stock, the skim­
 804/68 of 27 June 1968 on the common organization                      med-milk powder shall, as to quality, satisfy the re­
 of the market in milk and milk products ('), as last                   quirements laid down in Annex I to Commission
 amended by Regulation (EEC) No 559/76 (2), and in                      Regulation (EEC) No 1108/68 of 27 July 1968 on
 particular Articles 7 (5) and 28 thereof,                             detailed rules of application for the public storage of
                                                                       skimmed-milk powder (5), as last amended by Regula­
 Whereas Council Regulation (EEC) No 1348/75 of 26                      tion (EEC) No 1457/75 (6).
 May 1975 on the supply of skimmed-milk powder as
 food aid to certain developing countries and interna­                 The conditipns for packing are laid down in the
 tional organizations under the 1975 programme (3),                    Annex to this Regulation .
 makes provisions for a reserve of 3 800 metric tons of
skimmed-milk powder ; whereas 200 metric tons of                       3 . The intervention agency shall supply a further
skimmed-milk powder to be taken out of this reserve                    2 % empty bags identical to those containing the
 shall be made available to the Republic of Senegal ;                  goods. The successful tenderer undertakes to have
whereas this country has requested the supply of the                   these bags mentioned on the bill of lading.
abovementioned quantity ;
                                                                       4. Loading shall take place as soon as possible and
Whereas under Article 5 of Council Regulation (EEC)                    not later than 30 September 1976.
 No 1347/75 of 26 May 1975 laying down general
 rules for the supply of skimmed-milk powder as food
aid to certain developing countries and international                                            Article 2
organizations (4), such supplies are as a rule to be put
out to tender ;
                                                                        1.   The French intervention agency shall draw up
                                                                       the notice of invitation to tender, which shall be
Whereas the tendering procedure should for the main
                                                                       published in the Official Journal of the European
point be retained as the procedure determined at the
                                                                        Communities not less than 10 days before the closing
present time for similar cases ;                                       date for the submission of tenders .
Whereas the measures provided for in this Regulation                   2. The closing date for the submission of tenders
are in accordance with the opinion of the Manage­
ment Committee for Milk and Milk Products,
                                                                       shall be 24 August 1976 at 12 noon .
                                                                       3.    The intervention agency shall indicate in its
                                                                       notice   the   warehouses     where     the skimmed-milk
                                                                       powder is held.
HAS ADOPTED THIS REGULATION :
                                                                                                 Article 3
                               Article 1
 1.     Tenders shall be invited in accordance with the
provisions of Regulations (EEC) No 1347/75, and                        1 . Tenders, which shall be in writing, shall be
(EEC) No 1348/75, for the costs of delivery quayside,                  submitted either by delivery by hand to the interven­
                                                                       tion agency against acknowledgment of receipt or by
(>) OJ    No  L 148 , 28 . 6. 1968 , p. 13 .                           registered letter addressed to the intervention agency.
(2) OJ    No  L 67, 15 . 3 . 1976, p. 9 .
(3) OJ    No  L 138 , 29 . 5 . 1975, p. 3 .                            (?) OJ No L 184, 29 . 7 . 1968 , p. 34.
 4) OJ    No  L 138 , 29 . 5. 1975, p. 1 .                             (') OJ No L 145, 6. 6 . 1975, p. 17.
 ---pagebreak--- No L 220/20                          Official Journal of the European Communities                                13 . 8 . 76
2.     The tender shall indicate :                             tion (EEC) No 804/68 , a maximum amount, expressed
                                                               in units of account, shall be fixed or alternatively a
(a) the name and address of the tenderer ;                     decision shall be taken to make no award .
(b) the amount, expressed in French francs, for which
     the tenderer undertakes to deliver the skimmed­
     milk powder quayside, port of unloading under                                        Article 7
     the conditions laid down in Article 5 including
     the insurance costs covering the value of the              1.     A   tender   shall  be    refused  if the   amount
     goods ;                                                   proposed, converted into units of account, is more
(c) the port of embarkation, which may be any                  than the maximum fixed for the lot in question .
     Community port.
                                                               2.      Without prejudice to the provisions of paragraph
3.     The tender shall not be valid unless :                   1 , the successful tenderer shall for each lot be the one
                                                               making the lowest offer. Where two or more valid
(a) it relates to the whole of the lot to which the invita­    offers specify amounts which when converted into
     tion to tender relates ;                                  units of account are identical, the award shall be made
(b) proof is furnished that before the time limit for          by drawing lots.
     submission of tenders has expired, the tenderer
     has given the security fixed in Article 4.                3 . Each tenderer shall be immediately notified by
                                                               the intervention agency of the result of his participa­
                                                               tion in the invitation to tender. The intervention
4.     The tender may not be withdrawn .
                                                               agency concerned shall immediately inform the
                                                               Commission of the           name     and  address   of     the
                         Article 4                             successful tenderers .
1 . The security required for the invitation to tender         4.      Rights and obligations arising in connection
shall be two units of account per metric ton of skim­          with the invitation to tender shall not be transferable .
med-milk powder.
2.     It shall take the form , at the option of the                                      Article 8
Member State concerned, either of a cheque made out
in favour of the intervention agency, or of a bank             When the successful tenderer takes delivery of the
guarantee which satisfies the criteria laid down by the        skimmed-milk powder, he shall ensure that the quan­
Member State .                                                 tity handed over corresponds to the quantity to be
                                                               delivered .
                         Article 5
                                                               Furthermore, he shall ensure that the packing of the
                                                               skimmed-milk powder satisfies the requirements laid
1 . Delivery costs shall be the costs incurred up to           down in Article 1 (2).
the time when the goods are unloaded on the quay­
side at the port of unloading, all costs subsequent to
delivery, including costs of taking delivery, to be                                       Article 9
borne by the recipient country.
                                                               The French Government shall :
2. Any costs in respect of delays in taking delivery
of the goods which are to be borne by the recipient            1 . ensure that the successful tenderer shall :
country shall be attributable to this country.
                                                                    (a) notify the recipient country as soon as possible
3.     Except in cases of force majeure every successful                after the goods have left the place of embarka­
tenderer shall accept all financial liability devolving                 tion of details of the ship, the loading date, the
upon the Community by reason of failure to deliver                      quantity and quality of the goods as recorded
the skimmed-milk powder at the place and by the                         on shipment ;
time appointed, provided always that the recipient                  (b) at least 10 clear days in advance, inform the
country has made it possible for the skimmed-milk                       recipient country of the expected date of arrival
powder to be so delivered. Costs incurred by reason of                  at the port of ship's unloading ;
failure to deliver the skimmed-milk powder as a result
of force majeure shall be borne by the French inter­                (c) have included in the terms of the charter party
vention agency.                                                         a provision stipulating that the ship's captain
                                                                        shall, at least 72 hours in advance, notify the
                                                                        recipient country of the ship's probable date of
                         Article 6                                      arrival in port ;
In the light of the tenders received and in accordance         2. send to the Commission as soon as possible the
with the procedure laid down in Article 30 of Regula­               information specified in paragraph 1 (a) and (b).
 ---pagebreak---  13 . 8 . 76                         Official Journal of the European Communities                        No L 220 / 21
                          Article 10                           measures to be taken having regard to the circum­
                                                               stances invoked .
1 . Delivery quayside, port of unloading shall be
considered as completed when the goods are actually
deposited on the quayside at the port of unloading.
                                                                                      Article 13
2. On delivery in accordance with paragraph 1 , the
recipient country shall issue a certificate declaring that     The intervention agency shall pay to the successful
the skimmed-milk powder has been delivered.                    tenderer the amount stated in his tender upon produc­
                                                               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, 10 August 1976.
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                    Member of the Commission
 ---pagebreak--- No L 220/22                       Official Journal of the European Communities                              13 . 8 . 76
                                                         ANNEX
                                           CONDITIONS FOR PACKING
          The packing
          containing a net weight of 25 kg and made up in one of the following ways :
            I. 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 ;
                one polyethylene inner bag at least 0 06 mm thick, welded or double bound.
           II . One One Kraft paper bag of a strength representing at least 70 g/m 2 ;
                one Kraft paper bag with a polyethylene layer of a strength representing at least 80 g + 15
                g/ m 2 ;
                three Kraft paper bags of a strength representing at least 70 g/m 2 ;
                one polyethylene inner bag at least 0 06 mm thick, welded or double bound.
          III . One Kraft paper outer bag of a strength representing at least 85 g/m2 ;
                one Kraft paper bag with a polyethylene layer of a strength representing at least 70 g + 15
                g/ m2 ;
                two Kraft paper bags of a strength representing at least 70 g/m 2 ;
                one polyethylene inner bag at least 012 mm thick, welded or double bound.
          IV. The packing shall be marked with the following markings in letters at least 1 cm high :
                ' Lait écrémé en poudre / Don de la Communauté économique européenne a la république du
                Sénégal / Non vitaminé'.