31974R0194

No L 21 /38 Official Journal of the European Communities 25 . 1 . 74

REGULATION (EEC) No 194/74 OF THE COMMISSION of 18 January 1974 concerning the issue of an invitation to tender for the supply of skimmed-milk powder as emergency food aid to the International Committee of the Red Cross

THE COMMISSION OF THE EUROPEAN powder bought in pursuant to Article 7 ( 1 ) of Regula­ COMMUNITIES, tion (EEC) No 804/68 and intended for Chile.

Having regard to the Treaty establishing the European 2. The skimmed-milk powder shall, as regards Economic Community ; quality and packing, satisfy the requirements laid Having regard to Council Regulation (EEC) No down in Annex I to Commission Regulation (EEC) 804/68 ( ! ) of 27 June 1968 on the common organiza­ No 1108/68 (6) of 27 July 1968 on detailed rules of tion of . the market in milk and milk products, as last application for public storage of skimmed-milk amended by the Act (2) concerning the Conditions of powder, as last amended by Regulation (EEC) No Accession and the Adjustments to the Treaties, and in 2196/73 ( 7). particular Article 7 (5) and Article 28 thereof ; The packing of the skimmed-milk powder shall bear a Whereas Council Regulation ( EEC) No 2721 /72 (3) of red cross 15 cm by 15 cm and be marked in letters at 19 December 1972 on the supply of skimmed-milk least 1 cm high : powder as food aid, as amended by Regulation (EEC) 'Leche desnatada en polvo / Donacion de las Comuni­ No 2700/73 (4), provides, inter alia, that 6 000 metric dades europeas / Accion del Comite Internacional de tons skimmedmilk powder should be made available la Cruz Roja'. to the International Committee of the Red Cross (ICRC) ; Article 2 Whereas Article 3 ( 1 ) (d) of that Regulation provides for the payment of a sum of money to cover delivery 1 . The German intervention agency shall, in accor­ costs, arrangements for such payment being approved dance with the provisions of Regulation (EEC) No by the Community under the terms of the supply 1885/73 , issue an invitation to tender for the costs of contract ; whereas such sums are to be determined , as delivery cif to Valparaiso. paragraph 2 of that Article provides, by inviting tenders ; 2. Delivery cif shall be completed when the goods Whereas the procedure for inviting tenders should be are actually unloaded on the quayside or onto a based mainly on the provisions of Commission Regu­ lighter. lation ( EEC) No 1885/73 (5) of 12 July 1973 concerning invitations to tender for the costs of delivery, as food aid, of skimmed-milk powdtr held by Article 3 the intervention agencies ; 1 . The recipient shall bear all costs subsequent to Whereas , having regard to the stocks held by the inter­ delivery, including costs of taking delivery . vention agencies and to the situation of the market in skimmed-milk powder, the quantity of 1 500 metric 2. Any demurrage costs at the port of unloading in tons can be supplied by the German intervention respect of delays attributable to the consignee organiza­ agency ; tion shall be for the account of that organization . The Whereas the measures provided for in this Regulation amount of these costs and detailed rules concerning them shall be as fixed in the contract between the are in accordance with the Opinion of the Manage­ ment Committee for Milk and Milk Products , tenderer acting as Community agent and the carrier, subject to prior agreement thereon between such agent and reception agent of the consignee organiza­ HAS ADOPTED THIS REGULATION : tion .

Article 1 Article 4 1 . Tenders shall be invited for the costs of delivery to the ICRC of 1 500 metric tons of skimmed-milk 1 . The German intervention agency shall notify the consignee organization , as soon as possible after the (!) OJ No L 148 , 28 . 6 . 1968 , p. 13 . goods have left the place of shipment, of details of the (2) OJ No L 7.3 , 27 . 3 . 1972, p. 14. (3) OJ No L 291 , 28 . 12. 1972, p. 28 . (4) OJ No L 279 , 5 . 10 . 1973 , p. 1 . (") OJ No L 184, 29 . 7 . 1968 , p. 34 . 5 OJ No L 192, 12 . 7 . 1973 , p. 31 . ( 7) OJ No L 223, 11 . 8 . 1973 , p. 20 .

25 . 1 . 74 Official Journal of the European Communities No L 21 /39

ship, the loading date, the quantity and quality of Article 7 goods as recorded on shipment, the port of unloading and the daily rate of unloading at the port of The German intervention agency shall inform the unloading. Commission of the name and address of the successful tenderer or tenderers . 2. The German intervention agency shall, at least 10 clear days in advance, inform the consignee organi­ zation of the expected date of arrival of the ship at the Article 8 port of unloading. The agency shall have included in the terms of the charter-party a provision stipulating The time limit for the submission of tenders shall be that the ship's captain must, at least 72 hours in 12 February 1974 at 12 noon . advance, inform the consignee organization of the probable date of arrival of the goods in the port of unloading. Article 9 Article 5 No refund, monetary compensatory amount or Loading shall take after 14 and before 31 March 1974. compensatory amount as provided for in the Act annexed to the Treaty of Accession may be granted in Article 6 respect of skimmed-milk powder delivered pursuant to this Regulation . 1 . The Commission shall inform the German inter­ vention agency of the name and address of the recep­ tion agent designated by the consignee organization . Article 10

2. The German intervention agency shall inform the consignee organization in good time of the This Regulation shall enter into force on the third day name and address of the agent mentioned under following its publication in the Official Journal of Article 3 (2). the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 18 January 1974 . For the Commission The President Francois-Xavier ORTOLI