CELEX: 31976R2713
Language: en
Date: 1976-11-10 00:00:00
Title: Commission Regulation (EEC) No 2713/76 of 9 November 1976 concerning an invitation to tender for the costs of delivery of skimmed-milk powder as food aid to India

No L 308 /8                              Official Journal of the European Communities                           10 . 11 . 76
                                      COMMISSION REGULATION (EEC) No 2713/76
                                                       of 9 November 1976
               concerning an invitation to tender for the costs of delivery of skimmed-milk
                                                   powder as food aid to India
 THE COMMISSION OF THE EUROPEAN                                     — lot A 2 : 1 000 metric tons to be delivered to the
 COMMUNITIES,                                                            port of unloading of Calcutta,
                                                                    — lot B 1 : 1 000 metric tons to be delivered to the
 Having regard to the Treaty establishing the European
 Economic Community,                                                     port of unloading of Bombay,
                                                                    — lot B 2 : 1 000 metric tons to be delivered to the
 Having regard to Council Regulation (EEC) No                            port of unloading of Bombay,
 804/68 of 27 June 1968 on the common organization
 of the market in milk and milk products ( !), as last              — lot B 3 : 1 000 metric tons to be delivered to the
 amended by Regulation (EEC) No 559/76 (2), and in                       port of unloading of Bombay.
 particular Article 7 (5) thereof,
                                                                    2. The skimmed-milk powder shall meet the requir­
 Whereas Council Regulation (EEC) No 1299/76 of 1                   ements for quality and packing set out in the Annex
 June 1976 on the supply of skimmed-milk powder as                  to Commission Regulation (EEC) No 1108/68 of 27
 food aid to certain developing countries and interna­              July 1968 on detailed rules of application for public
 tional organizations under the 1976 programme (3),                 storage of skimmed-milk powder (6), as last amended
 provides inter alia for 5 000 metric tons of skimmed­              by Regulation (EEC) No 1457/75 (7).
 milk powder to be made available to India ; whereas
 this country has made a request of delivery of the
 abovementioned quantity ;                                          3. The skimmed-milk powder shall be taken from
                                                                    the German intervention agency.
 Whereas under Article 5 of Council Regulation (EEC)
 No 1298/76 of 1 June 1976 laying down general rules                4. The intervention agency shall supply 2 % extra
 for the supply of skimmed-milk powder as food aid to               empty bags identical to those containing the goods.
 certain developing countries and international organi­             The tenderer undertakes to have these bags
 zations under the 1 976 programme (4), as last                      mentioned on the bill of lading.
 amended by Regulation (EEC) No 201 7/76 (5), invita­
 tions to tender must be issued for the delivery costs in
 respect of these quantities ;                                       5.    Loading shall take place :
 Whereas the tendering procedure should essentially                 — as regard to lots A 1 and A 2 : not later than 1 5
 be that laid down in similar cases ;                                    January 1977 ;
                                                                    — as regard to lots B 1 , B 2 and B 3 : after 1 and
 Whereas the measures provided for in this Regulation                    before 15 March 1977.
 are in accordance with the opinion of the Manage­
 ment Committee for Milk and Milk Products,
                                                                    6. The packing of the skimmed-milk powder shall
                                                                    bear the following in letters at least one centimetre
 HAS ADOPTED THIS REGULATION :
                                                                    high :
                                                                    'Skimmed-milk powder non-enriched / Gift of the
                             Article 1                              European Economic Community to the Republic of
                                                                    India'.
 1 . In accordance with the provisions of Regulations
(EEC) No 1298/76 and (EEC) No 1299/76, tenders
 shall be invited for the costs of delivery of 5 000
                                                                                              Article 2
 metric tons of skimmed-milk powder for India and
divided into the following lots :
— lot A 1 : 1 000 metric tons to be delivered to the
                                                                     1 . The German intervention agency shall frame a
                                                                    notice of invitation to tender which shall be published
      unloading port of Calcutta,                                   in the Official Journal of the European Communities
                                                                    not less than 10 days before the closing date for the
(')  OJ No  L 148 , 28 . 6 . 1968 , p. 13                           submission of tenders .
(2)  OJ No  L 67, 15 . 3 . 1976, p. 9 .
(3)  OJ No  L 146, 4. 6 . 1976, p. 5.
(4 ) OJ No  L 146, 4 . 6 . 1976, p. 3 .                             (6) OJ No L 184, 29 . 7 . 1968 , p. 24.
(5   OJ No  L 224, 16 . 8 . 1976, p. 1 .                            (7) OJ No L 145, 6 . 6. 1975, p. 17 .
 ---pagebreak---  10. 11 . 76                         Official Journal of the European Communities                          No L 308 /9
 2.     The closing date for the submission of tenders                                  Article 6
 shall be 23 November 1976 at 12 noon .
                                                                1.   A tender shall be refused if the price proposed,
                                                               converted into units of account, is more than the
                          Article 3
                                                               maximum price fixed for the lot in question .
 1 . 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 acknowledgement of receipt or by          converted into units of account, is the lowest. Where
 registered letter addressed to an intervention agency.        two or more valid offers specifying identical amounts
 Intervention agencies may also authorize the use of           are received, the award shall be made by drawing lots.
 telex.
                                                               3.    The    intervention   agency shall    immediately
2. A tender shall be valid only if it relates to the           inform each tenderer whether he has been awarded
entire quantity of a lot put out to tender.                    the contract.
A tender shall relate only to the lots designated by the
same capital letter. The tenderer shall make precise in        4.    Rights and obligations arising in connection
                                                               with the invitation to tender shall not be transferable .
his tender for how many lots — under these condi­
tions — it is valid .
                                                               5. The German intervention agency shall immedi­
3.      The tender shall indicate inter alia :                 ately inform the Commission of the successful
                                                               tenderer's name and address.
(a) the name and address of the tenderer ;
(b) the port or ports of loading, chosen from among
     Community ports ;                                                                  Article 7
(c) the price, exclusive of taxes, expressed in German
                                                               1.    The successful tenderer shall deliver the skim­
     marks, at which the tenderer undertakes to supply,
     in accordance with the specifications, the entire         med-milk powder satisfying the requirements as to
     quantity which is the subject of his tender.              quality and packing referred to in Article 1 (2).
     Such price shall be inclusive of transport insur­         2. Delivery at the port of unloading shall be consid­
     ance costs until the stage fixed for the delivery.        ered as completed when the goods are actually depo­
                                                               sited in the hold of the ship at the port of unloading.
4. . A tender shall be valid only if the proof is given
before expiry of the period set for the submission of          3 . The country of destination shall bear all expendi­
tenders that the security referred to in Article 4 has         ture incurred after delivery including unloading costs
been provided .                                                (as unstowing, hoisting, acceptance) as well as eventual
                                                               lighterage.
5.     The tender may not be withdrawn .
                                                                                        Article 8
                         Article 4
1 . The tendering and delivery security shall be two           Any demurrage costs or dispatch money at the     port of
units of account per metric ton of skimmed-milk                unloading shall be borne or at the benefice       of the
powder.                                                        recipient country. The rates and other            details
                                                               concerning such costs shall be laid down         in the
                                                               contract between     the  successful  tenderer and   the
2.      It shall take the form , at the discretion of the
Member State concerned, either of a cheque made out            carrier and must have been previously agreed upon by
in favour of the intervention agency, or of a bank             the successful tenderer acting as Community agent
guarantee which satisfies the criteria fixed by the            and the country of destination's agent.
Member State .
                                                                                        Article 9
                         Article 5
                                                               1 . The intervention agency concerned shall as soon
In the light of the tenders received and in accordance         as possible after the putting on board of the goods,
with the procedure laid down in Article 30 of Regula­          notify the country of destination of the name of the
tion (EEC) No 804/68 a maximum price, expressed in             vessel, the date of loading, the quantity and the
units of account, shall be fixed or alternatively a deci­      quality of the goods as recorded at the time of loading
sion shall be taken to make no award .                         and the port of unloading.
 ---pagebreak--- No L 308/ 10                          Official Journal of the European Communities                            10. 11 . 76
2. The successful tenderer shall inform the country             2. Release of the security shall take place immedi­
of destination at least 10 clear days in advance of the         ately.
expected date of arrival of the ship in the port of
unloading.                                                                             Article 12
3.       The successful tenderer shall have included in
                                                                In cases of force majeure, the selling intervention
the terms of the charter-party a provision stipulating          agency shall decide on the measures to be taken
that the ship's captain shall inform the country of             having regard to the circumstances invoked.
destination at least 72 hours in advance of the ship's
probable date of arrival in port.                                                      Article 13
                          Article 10                            The amount referred to in Article 3 (3) (c) shall be
                                                                paid only on production of the certificates provided
1 . At the time of taking over, the successful                  for in Article 10 (2).
tenderer shall check that the quantity of skimmed­
milk powder collected satisfies the quantity to be                                     Article 14
supplied.
                                                                Except in cases for force majeure, the successful
Moreover, he shall check that the packing of the skim­          tenderer shall accept all financial liability devolving
med-milk powder satisfies the requirements fixed in             upon the Community by reason of failure to load the
Article 1 (2).                                                  skimmed-milk powder by the date specified in Article
2. On delivery effected within the meaning of                    1 (5).
Article 7 (2), the country of destination shall issue a         Costs incurred by reason of failure to deliver the skim­
certificate proving taking delivery of that quantity of         med-milk powder as a result of force majeure shall be
skimmed-milk powder at the stage specified in Article           borne by the German intervention agency.
1 ( 1 ).
                                                                                       Article 15
                          Article 11
                                                                No refund or compensatory amount (whether mone­
1 . Except in cases of force majeure, the tendering             tary or accession) shall be applicable in respect of
and delivery security shall be released only if :               skimmed-milk powder supplied under this Regula­
(a) the tender has not been awarded ;                           tion .
(b) the tenderer :
     — has      not   withdrawn   his   tender   before the                            Article 16
          contract is awarded,                                  This Regulation shall enter into force on the day
     — has furnished the certificates provided for in           following its publication in the Official Journal of
          Article 10 (2).                                        the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 9 November 1976 .
                                                                         For the Commission
                                                                            P.J. LARDINOIS
                                                                       Member of the Commission