CELEX: 31977R0578
Language: en
Date: 1977-03-18 00:00:00
Title: Commission Regulation (EEC) No 578/77 of 18 March 1977 on the issue of an invitation to tender for the supply to the Republic of El Salvador as food aid, of vitaminized skimmed-milk powder to be bought on the Community market

No L 74/8                               Official Journal of the European Communities                                22 . 3 . 77
                                     COMMISSION REGULATION ( EEC) No 578 /77
                                                       of 18 March 1977
             on the issue of an invitation to tender for the supply to the Republic of El
              Salvador 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
                                                                    HAS ADOPTED THIS REGULATION :
amended by Regulation (EEC) No 559/76 (2), and in
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                1.      Tenders shall be invited in accordance with the
the supply of skimmed-milk powder as food aid to                    provisions of Regulations (EEC) No 1298/76 and
certain developing countries and international organi­             ( EEC) No 2018 /76 for the costs of supplying one lot
zations under the 1976 programme (3), as amended by                 of 700 tonnes of vitaminized skimmed-milk powder,
Regulation (EEC) No 2017/76 (4), and in particular                  bought on the Community market, to the Republic of
Article 6 thereof,                                                  El Salvador.
                                                                    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 700 tonnes of skimmed-milk                      Annex I to Commission Regulation (EEC) No
powder to be made available to the Republic of El                         1 108 / 68 of 27 July 1968 on detailed rules for
Salvador ; whereas this country has requested the                         public storage of skimmed-milk powder (6), as last
delivery of the abovementioned quantity of vitami­                        amended by Regulation (EEC) No 1457/75 (7).
nized skimmed-milk 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               4 . The packaging of the skimmed-milk powder
tics necessary for their particular destination where              shall bear the following inscription in letters at least
this requires, in particular, the addition of vitamins,            one centimetre high :
supply shall be ensured by the buying-in of skimmed­
milk powder on the Community market ;                                Leche en polvo descremada y vitaminada/Donativo
                                                                   de la CEE a la Republica E1 Salvador/ Para distribución
                                                                   gratuita'.
Whereas Article 5 of Regulation ( EEC) No 1 298 /76
provides that for the purpose of the supply and ship­
ment of skimmed-milk powder invitations to tender                                               Article 2
are to be issued ;
                                                                    1.      Delivery shall be effected to the port of loading
(')  OJ No L 148 , 28 . 6 . 1968 , p. 13 .                         of Amsterdam /Rotterdam , at the tenderer's choice .
(-') OJ No L 67, 15. 3 . 1976, p. 9.
(3 ) OJ No L 146, 4. 6 . 1976, p. 3 .
(4)  OJ No L 224, 16 . 8 . 1976, p. 1 .                            ( b) OJ No L 184, 29 . 7 . 1968 , p . 34.
(5)  OJ No L 224, 16 . 8 . 1976, p. 2 .                            ( 7 ) OJ No L 145 , 6 . 6 . 1975 , p . 17 .
 ---pagebreak--- 22. 3 . 77                         Official Journal of the European Communities                            No L 74/9
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 10 and before 25 May 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 12 April 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 draw 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 it 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
     0 );                                                     communicate to the Commission the tenderer's name
                                                              and address .
(c) the price, exclusive of taxes, expressed in the
     currency of the Member State in which the tender
     is presented, at which the tenderer undertakes to
                                                                                      Article 7
     supply, under the stipulated conditions, the entire
     quantity to which his tender relates.
                                                               1 . The successful tenderer shall deliver at the port
     Such price shall be inclusive of transport insur­        of loading referred to in Article 1 (2), and on the date
     ance costs to the stage for delivery.                    fixed by the recipient country, the quantity of skim­
                                                              med-milk powder meeting the requirements as
6. A tender shall be valid only if the proof is given         regards quality and packaging laid down in Article 1
before expiry of the period set for the submission of         (2). Any schedule for instalment deliveries shall be
 tenders that the security referred to in Article 4 has       fixed by the recipient country's agent in agreement
 been provided .                                              with the successful 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 requir­
guarantee which satisfies the criteria fixed by the           ements as to quality and packaging referred to in
 Member State .                                               Article 1 (2).
 ---pagebreak--- No L 74/ 10                            Official Journal of the European Communities                              22 . 3 . 77
2. If the goods are found to satisfy those require­                                      Article 10
ments the agency shall, as referred to in Article 1 (2),
provide the successful tenderer with a certificate to              1.    Except in cases of force majeure, the tendering
that effect.                                                      security and delivery shall be released only if :
3 . Upon delivery of the goods at the port of embar­              (a) the tender has not been accepted ;
kation, the recipient country's agent shall hand to the
successful tenderer acting as agent for the Community             (b) the tenderer :
a letter of acceptance .
                                                                      — has     not  withdrawn   his  tender   before     the
This letter shall state that delivery of that quantity of                 contract is awarded,
skimmed-milk powder as well as the empty bags                         — has furnished the certificates provided for in
referred to in Article 1 (3) have been taken at the stage                 Article 8 (2) and (3).
specified in Article 2 ( 1 ).
                                                                  2. Release of the security shall take place immedi­
                         Article 9                                ately.
If the tender has been submitted to the intervention
agency of another Member State than that in which                                        Article 11
the port of loading is situated the goods shall, on
completion of the control referred to in Article 8 ( 1 ),         In cases of force majeure, the intervention agency
be placed under customs control with the object of                shall decide on the measures to be taken having
ensuring that they are delivered at the port specified            regard to the circumstances invoked.
in Article 2 ( 1 ).
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
Section 104 shall be completed by deleting as neces­              tenderer shall accept all financial liability devolving
sary and entering against the second indent one of the            upon the Community by reason of failure to load the
following endorsements :                                          skimmed-milk powder at the place and in due time,
                                                                  the recipient country having enabled the delivery at
— 'Skimmed-milk powder as food aid (Regulation                    the place and by the time appointed.
    (EEC) No 578 /77), to be delivered at the port
     of . .
                                                                  Costs incurred by reason of failure to deliver the skim­
— ' Lait écrémé en poudre à titre d aide alimentaire              med-milk powder as a result of force majeure shall be
    (règlement (CEE) n0 578/77) destiné à être livré au           borne by the competent agency of the Member State
     port de . . .',                                              concerned .
— 'Magermilchpulver             als     Nahrungsmittelhilfe
    (Verordnung ( EWG) Nr. 578 /77) zur Lieferung
     zum Hafen von             bestimmt',                                                Article 14
— ' Latte scremato in polvere a titolo di aiuto aimen­
     tare (regolamento (CEE) n . 578 /77) destinato ad            No refund or compensatory amount (whether mone­
     essere consegnato nel porto di . . . .',                     tary or accession) shall be applicable in respect of the
— 'Magere-melkpoeder als voedselhulp (Verordening                 skimmed-milk powder supplied under this Regula­
                                                                  tion .
    (EEG) nr. 578 /77) bestemd om te worden geleverd
     in de haven van          ',
— 'Skummetmælkspulver               som         fødevarehjælp                            Article 15
    (forordning (EØF) nr. 578 /77) bestemt til levering i
    havnen i ....'.
                                                                  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
(2) OJ No L 66, 13 . 3. 1973, p . 23 .                            the European Communities.
 ---pagebreak--- 22 . 3 . 77                           Official Journal of the European Communities                           No L 74/ 11
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 18 March 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 01 g
            ( I ) 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