31974R0469

No L 56/ 16 Official Journal of the European Communities 27 . 2 . 74

REGULATION (EEC) No 469/74 OF THE COMMISSION of 26 February 1974 concerning the issue of an invitation to tender for the costs of delivering skimmed-milk powder as food aid

THE COMMISSION OF THE EUROPEAN — lot C : 670 metric tons for Niger, to be delivered COMMUNITIES, cif to Cotonou, — lot D : 600 metric tons for Niger, to be delivered Having regard to the Treaty establishing the European to Diffa via Port Harcourt, Economic Community ; — lot E : 350 metric tons for Niger, to be delivered to Having regard to Council Regulation (EEC) No Maradi via Apapa, 804/68 ( !) of 27 June 1968 on the common organiza­ — lot F : 750 metric tons for Niger, to be delivered to tion of the market in milk and milk products , as last Dosso via Cotonou . amended by the Act (2) concerning the Conditions of Accession and the Adjustments to the Treaties, and in particular Article 7 (5) thereof ; Article 2

Whereas Council Regulation (EEC) No 3582/73 (3) of The skimmed-milk powder shall be removed from the 28 December 1973 laying down general rules for the supply of skimmed-milk powder as food aid to the premises of the intervention agencies as follows : countries of the Sahel and Ethiopia provides for — lot A from the Belgian intervention agency, 14 000 metric tons of skimmed-milk powder to be — lot B from the German intervention agency, supplied to those countries ; — lots C to F from the French intervention agency. Whereas Mali, Upper Volta and Niger have requested the supply, as emergency aid, of 2 100, 1 300 and The intervention agencies shall procure that the 2 370 metric tons of skimmed-milk powder respec­ packing is marked in letters at least 2 cm high : tively, which can be made available to them by the — in the case of lot A : Belgian, German and French intervention agencies ; whereas the costs of delivering these supplies must be 'Lait ecreme en poudre — Don de la Commu­ put out to tender as provided in Commission Regula­ nauté économique européenne au Mali — a distri­ tion (EEC) No 192/74 (4) of 18 January 1974 on the buer gratuitement' ; supply of skimmed-milk powder as food aid to the countries of the Sahel and Ethiopia ; — in the case of lot B : Whereas certain items must be specified in pursuance ' Lait ecremé en poudre — Don de la Commu­ of Regulation (EEC) No 192/74, such as the time limit for the submission of tenders and the terms of nauté économique européenne à la Haute-Volta — a distribuer gratuitement' ; delivery of the skimmed-milk powder ;

Whereas the measures provided for in this Regulation — in the cases of lots C , D, E and F : are in accordance with the Opinion of the Manage­ ment Committee for Milk and Milk Products, ' Lait écrémé en poudre — Don de la Commu­ nauté économique européenne au Niger — a distribuer gratuitement.' HAS ADOPTED THIS REGULATION :

Article1¶

Tenders shall be invited in accordance with Regula­ 1 . In the case of lots A and C, the tenders shall be tion (EEC) No 192/74 for the cost of delivering 5 770 for the delivery costs incurred between removal of the metric tons of skimmed-milk powder, divided up as goods from the storage depots of the relevant interven­ specified below, to the following destinations : tion agencies and the time when the goods are — lot A : 2 100 metric tons for Mali , to be delivered unloaded on the quayside at the port of unloading. cif to Abidjan, — lot B : 1 300 metric tons for Upper Volta, to be 2 . In the case of lots B, D, E and F, the tenders delivered to Ouagadougou via Abidjan, shall be for the delivery costs incurred between removal of the goods from the storage depots of the (!) OJ No L 148 , 28 . 6 . 1968 , p. 13 . relevant intervention agencies and their delivery at the 2 OJ No L 73, 27. 3 . 1972, p. 14. (3) OJ No L 359 , 28 . 12. 1973 , p. 50 . places of destination specified in Article 1 , including (4) OJ No L 21 , 25 . 1 . 1974, p. 33 . unloading costs.

27. 2 . 74 Official Journal of the European Communities No L 56/ 17

Delivery shall be completed when the goods actually — ten days before the goods expected date of arrive at the place of destination . arrival, of the means of transport to be used to carry the goods to the place of destination ; the Article 4 mea"ns of shipment to be used during the inter­ mediary phases, the date of loading and the The intervention agencies supplying the skimmed­ quantity and quality of the goods as recorded milk powder shall be responsible for the invitation to on shipment from the Community ; tender provided for in the previous Articles. — at least two days in advance, of the date of Article 5 arrival of the goods at the place of destination .

1 . The time limit for the submission of tenders Article 7 shall be 12 March 1974 at 12 noon . 2. Loading shall take place as soon as possible and 1 . The intervention agency concerned shall take all measures necessary to ensure that the skimmed-milk be completed on 10 April 1974 at the latest. powder for which a contract is awarded is transported Article 6 rapidly from the port of unloading or place of destina­ tion, as the case may be, to the distribution points. In respect of the supplies for which its intervention agency is responsible, the government concerned shall Private contracts shall be negotiated on the best terms ensure that : possible for the cost of such transport, account being taken of prevailing transport terms and of the urgency 1 . In the case of delivery cif : of delivery. the successful tenderer notifies the country of desti­ 2. The distribution points mentioned in paragraph nation, the representative of the intervention 1 are named by the authorities of the recipient coun­ agency at the port of unloading and the Commis­ sion : tries and communicated by the Commission to the intervention agency concerned. — as soon as possible after the goods have been loaded on board ship, of details of the ship, the Article 8 loading date, the quantity and quality of the goods as recorded on shipment and the port of When the delivery provided for in Article 3 ( 1 ) and (2) unloading ; has been completed the representative of the interven­ — at least ten clear days before arrival at the port tion agency shall issue the successful tenderer with a of unloading, of the expected date of arrival ; certificate to the effect that delivery has been taken of — at least seventy-two hours before the ship's the quantity of goods taken over from the interven­ arrival in port, of the date of arrival ; tion agency .

2. In the case of delivery to the place of destination : Article 9 the successful tenderer notifies the country of desti­ nation, the representative of the intervention This Regulation shall enter into force on the third day agency at the place of destination and the Commis­ following its publication in the Official Journal of sion : the European Communities.

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

Done at Brussels, 26 February 1974.

For the Commission

The President

Francois-Xavier ORTOLI