CELEX: 31976R0717
Language: en
Date: 1976-03-29 00:00:00
Title: Commission Regulation (EEC) No 717/76 of 29 March 1976 concerning the issue of an invitation to tender for the supply to the World Food Programme for use as food aid of vitaminized skimmed-milk powder to be purchased on the Community market, for the benefit of the Islamic Republic of Pakistan

31 . 3 . 76                            Official Journal of the European Communities                          No L 84/21
                                    COMMISSION REGULATION (EEC) No 717/76
                                                      of 29 March 1976
                concerning the issue of an invitation to tender for the supply to the World Food
                Programme for use as food aid of vitaminized skimmed-milk powder to be
                purchased on the Community market, for the benefit of the Islamic Republic of
                                                            Pakistan
 THE COMMISSION OF THE EUROPEAN                                     HAS ADOPTED THIS REGULATION :
 COMMUNITIES,
 Having regard to the Treaty establishing the European
 Economic Community,                                                                       Article 1
 Having regard to Council Regulation (EEC) No
 804/68 of 27 June 1968 on the common organization                  1.    Tenders shall be invited, in accordance with
 of the market in milk and milk products (!), as last               Regulations (EEC) No 1347/75 and (EEC) No
 amended by Regulation (EEC) No 559/76 (2), and in                  1348/75, for the costs of supplying to the WFP 3 744
 particular Article 7 (5) thereof,                                 metric tons of vitaminized skimmed-milk powder for
                                                                   the Islamic Republic of Pakistan, divided into three
 Having regard to Council Regulation (EEC) No                      lots of 1 248 metric tons each .
 1347/75 of 26 May 1975 laying down the general
 rules for the supply of skimmed-milk powder under                 2. The skimmed-milk powder shall meet the requir­
 the 1975 food-aid programme to certain developing                 ements as to quality and packaging set out in the
 countries and certain international organizations (3),            Annex to this Regulation.
 and in particular Article 6 thereof,
 Whereas Council Regulation (EEC) No 1348/75 of 26
 May 1975 on the supply of skimmed-milk powder                                             Article 2
 under the 1975 food-aid programme to certain deve­
 loping countries and certain international organiza­
 tions (4), provides inter alia for 20 000 metric tons of           1 . The port of embarkation to be specified in the
 skimmed-milk powder to be made available to the                   tender shall be chosen from among Community ports
 World Food Programme (WFP) ; whereas the WFP                      accessible for ocean-going ships having regular lines
 has requested the supply of 3 744 metric tons of vita­            to the country of destination .
 minized skimmed-milk powder for the Islamic Repu­
 blic of Pakistan ;                                                2. The delivery at the port of embarkation shall
 Whereas Article 2 (2) of Regulation (EEC) No 1347/75              take place on a date fixed by the intervention agency
                                                                   concerned and which shall be after 15 and before 30
 provides that if there is not enough skimmed-milk
 powder available in public stocks with the characteris­           May 1976.
 tics necessary for the particular destination where this
 requires, in particular, the addition of vitamins,                3.     The time limit for the submission of tenders
 supplies shall be obtained by purchase on the Commu­              expires on 13 April 1976 at 12 noon.
 nity market ;
Whereas Article 5 of Regulation (EEC) No 1348/75
 provides that for the purposes of the supply and ship­                                    Article 3
 ment of skimmed-milk powder invitations to tender
are to be issued ;
                                                                   1 . The intervention agencies shall frame a notice of
Whereas the procedure to be adopted for this                       invitation to tender which shall be published in the
tendering should in the main be the procedure used                 Official Journal of the European Communities not
hitherto in similar cases ;                                        less than 10 days before the closing date for the
                                                                   submission of tenders.
Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Manage­                  2. Tenders, which shall be in writing, shall be
ment Committee for Milk and Milk Products,
                                                                   submitted either by delivery by hand to an interven­
                                                                   tion agency against acknowledgement of receipt or by
(i) OJ   No  L 148, 28. 6. 1968, p. 13.                            registered letter addressed to an intervention agency.
(*) OJ   No  L 67, 15. 3 . 1976, p. 9.
P)  OJ   No  L 138, 29. 5. 1975, p. 1 .                            Intervention agencies may also authorize the use of
(♦) OJ   No  L 138, 29. 5. 1975, p. 3.                             telex.
 ---pagebreak--- No L 84/22                          Official Journal of the European Communities                              31 . 3 . 76
3.     The tenderer shall specify for how many lots his       two or more valid offers specifying identical amounts,
tender is valid .                                             as converted into units of account, are received by a
                                                              given intervention agency, the award shall be made by
4.     The tender shall indicate inter alia :                 drawing lots. Where such offers are made to different
                                                              intervention agencies, the award shall be made by the
(a) the name and address of the tenderer ;                    intervention agency selected in accordance with the
(b) the port or ports of loading, chosen from among            procedure referred to in Article 5.
     ports specified in Article 2 ( 1 );
                                                               3.     The   intervention agency shall       immediately
(c) the price, exclusive of taxes, expressed in the            inform each tenderer whether he has been awarded
     currency of the Member State in which the tender          the contract.
     is presented, at which the tenderer undertakes to
     supply, in accordance with the specification laid
     down in the Annex, the lot or lots subject to the         4.     Rights and obligations arising in connection
     tender.                                                  with the invitation to tender shall not be transferable .
Such price shall be inclusive of transport insurance           5.     The intervention agencies shall immediately
costs to the stage referred to in Article 7 for delivery.      communicate       to  the   Commission    the  tenderers'
                                                               names and addresses .
5.     A tender shall be valid only if :
(a) it relates to an entire lot or several of the lots put                               Article 7
     out to tender ;
(b) proof is given before expiry of the period set for         The successful tenderer shall, on the date fixed by the
     the submission of tenders that the security referred      WFP, deliver at the port specified in the tender a
     to in Article 4 has been provided.                        quantity of skimmed-milk powder equal to the quan­
                                                               tity there specified. Any schedule for instalment deliv­
6.     No tender may be withdrawn.                             eries shall be agreed between the successful tenderer
                                                               and the agent of the WFP.
                         Article 4                             The goods shall be regarded as delivered when they
                                                               are deposited at the place of exportation at the point
 1 . The tendering security shall be 20 units of               designated by the WFP or its agent.
account per metric ton of skimmed-milk powder.
2.     It shall take the form, at the discretion of the                                  Article 8
Member State concerned, either of a cheque made out
 in favour of the intervention agency, or of a bank
guarantee which satisfies the criteria fixed by the            Upon delivery of the goods at the port of embarka­
Member State .                                                 tion, the WFP agent shall hand to the successful
                                                               tenderer acting as agent for the Community a letter of
                                                               acceptance.
                         Article 5
                                                                                         Article 9
 In the light of the tenders received and in accordance
with the procedure laid down in Article 30 of Regula­
 tion (EEC) No 804/68 a maximum amount, expressed               1.    The competent agency of the Member State in
 in units of account, shall be fixed or alternatively a        which the contract is awarded shall check that the
 decision shall be taken to make no award .                    skimmed-milk powder in question satisfies the re­
                                                               quirements as to quality and packaging laid down in
                                                               the Annex .
                         Article 6
                                                                2. If the goods are found to satisfy those require­
 1.    A tender shall be refused if the price proposed,         ments, the agency shall provide the successful
 converted into units of account, is more than the              tenderer with a certificate to that effect.
 maximum price fixed for the lot in question .
                                                                3 . On delivery the recipient shall issue a certificate
 2.    Subject    as  provided   in    paragraph   1,  the      stating that delivery of that quantity of skimmed-milk
 successful tenderer shall be the one whose offer,              powder has been taken at the stage specified in Article
 converted into units of account, is the lowest. Where          7.
 ---pagebreak--- 31 . 3 . 76                         Official Journal of the European Communities                          No L 84/23
                        Article 10                                                  Article 12
1 . Except in cases of force majeure, the tendering           Except in cases of force majeure, the successful
security shall be released only if :                          tenderer shall accept all financial liability devolving
                                                              upon the Community by reason of failure to load the
(a) the tender has not been accepted ;                        skimmed-milk powder at the place and in due time,
(b) the tenderer :                                            the WFP having enabled the delivery at the place and
     — has     not  withdrawn   his  tender    before the     by the time appointed.
         contract is awarded,                                 Costs incurred by reason of failure to deliver the skim­
     — has furnished the certificates provided for in         med-milk powder as a result of force majeure shall be
         Article 9 (2) and (3).                               borne by the competent agency of the Member State
                                                              concerned.
2. Release of the security shall take place immedi­
ately.                                                                              Article 13
3. In cases of force majeure, the intervention                No refund or compensatory amount (whether mone­
agency shall decide on the measures to be taken               tary or accession) shall be applicable in respect of
having regard to the circumstances invoked.                   skimmed-milk powder supplied under this Regula­
                                                              tion .
                        Article 11                                                  Article 14
The amount referred to in Article 3 (4) (c) shall be          This Regulation shall enter into force on the day
paid only on production of the certificate provided for       following its publication in the Official Journal of
in Article 9 (2) and (3).                                      the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in aU Member
               States.
               Done at Brussels, 29 March 1976 .
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                     Member of the Commission
 ---pagebreak--- No L 84/24                           Official Journal of the European Communities                                  31 . 3 . 76
                                                          ANNEX
           I. Skimmed-milk powder requirements
                (a) fat content :                              1*5 % maximum
                (b) water content :                            4-0 % maximum
                (c) total acidity in lactic acid :             0-15% ( 18° Domic)
                (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 0-1 g
                (1) taste and smell :                          clean
                (m) appearance :                               white or slightly yellowish colour, free from impu­
                                                               rities 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.
           II . Packing
                (a) New bags of a net weight content of 25 kg.
                (b) Composition :
                     — 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 or one
                          Kraft paper bag with polyethylene layer, of a strength representing at least 70 g + 15
                          g/m 2 ;
                     — one polyethylene inner bag at least 0 08 mm thick double bound.
                 (c) The following marking to appear on the packaging in letters at least 1 cm high :
                     'Fortified skimmed-milk powder — Gift of the European Economic Community — World
                     Food Programme', followed by the name of the port of unloading 'Karachi' and the code iden­
                     tification of the manufacturing undertaking.