31974R0801

5 . 4 . 74 Official Journal of the European Communities No L 95/35

REGULATION (EEC) No 801 /74 OF THE COMMISSION of 3 April 1974 on the issue of an invitation to tender for the costs of delivering skimmed-milk powder as food aid

THE COMMISSION OF THE EUROPEAN skimmed-milk powder, it appears that the abovemen­ COMMUNITIES, tioned quantities of skimmed-milk powder could be supplied by the French intervention agency ; whereas, Having regard to the Treaty establishing the European furthermore, in view of the small quantity to be deliv­ ered to the ICRC and of the fact that it is also Economic Community ; intended for Niger, a single invitation to tender should be issued for the costs of delivering to the Having regard to Council Regulation (EEC) No ICRC and to Niger ; 804/68 (') of 27 June 1968 on the common organiza­ tion of the market in milk and milk products, as last amended by Regulation (EEC) No 662/74 (2), and in Whereas the terms of delivery and of taking over the particular Articles 7 (5) and Article 28 thereof ; skimmed-milk powder should, however, be specified ;

Whereas Council Regulation (EEC) No 3582/73 (3) of Whereas the measures provided for in this Regulation 28 December 1973 laying down general rules for the are in accordance with the Opinion of the Manage­ ment Committee for Milk and Milk Products, supply of skimmed-milk powder as food aid to the countries of the Sahel and Ethiopia, provides for 14 000 metric tons of skimmed-milk powder to be supplied to those countries ; HAS ADOPTED THIS REGULATION : Whereas, Niger has requested the supply, as emer­ gency aid, of 330 metric tons of skimmed-milk powder ; whereas the costs of delivering this supply Article 1 must be put out to tender as provided in Commission Regulation (EEC) No 1 92/74 (4) of 18 January 1974 on the supply of skimmed-milk powder as food aid to Tenders shall be invited in accordance with Regula­ the countries of the Sahel and Ethiopia ; tion (EEC) No 192/74 for the cost of delivering 1 lot of 350 metric tons of skimmed-milk powder for Niger, to be delivered to Zinder via Apapa, including Whereas Council Regulation (EEC) No 2721 /72 (5) of 20 metric tons for the ICRC . 19 December 1972 on the supply of skimmed-milk powder as food aid, as amended by Regulation (EEC) No 2700/73 (6), provides inter alia for 6 000 metric tons of skimmed-milk powder to be made available to Article 2 the International Committee of the Red Cross (ICRC) ; The skimmed-mjlk powder shall be removed from the French intervention agency. Whereas the ICRC has requested the supply, as emer­ gency aid, of 20 metric tons of skimmed-milk powder The intervention agency shall procure that the for Niger ; whereas the corresponding costs of delivery packing is marked in letters at least 2 cm high : must be put out to tender in accordance with Commis­ sion Regulation (EEC) No 1885/73 (7) of 12 July 1973 on 330 metric tons : concerning invitations to tender for the costs of delivery, as food aid, of skimmed-milk powder held by Lait ecreme en poudre the intervention agencies ; Don de la Communauté économique européenne au Niger Whereas, having regard to the stocks held by the inter­ vention agencies and to the situation of the market in A distribuer gratuitement' ; on 20 metric tons for the ICRC : (•) OJ No L 148 , 28 . 6. 1968 , p . 13 . (2) OJ No L 85 , 29 . 3 . 1974 , p . 51 . a red cross 1 5 cm by 1 5 cm and the words : (3) OJ No L 359, 28 . 12. 1973 , p . 50 . (4) OJ No L 21 , 25 . 1 . 1974, p . 33 . ' Lait ecreme en poudre (5) OJ No L 291 , 28 . 12. 1972, p . 28 . (0) OJ No L 279 , 5 . 10 . 1973 , p. 1 . Don de la Communauté économique européenne (7) OJ No L 192, 12 . 7. 1973 , p . 31 . Action du Comité International de la Croix-Rouge'.

No L 95/36 Official Journal of the European Communities 5 . 4 . 74

Article 3 — at least two days in advance, of the date of arrival of the goods at the place of destination ; The tenders shall be for the delivery costs incurred — has separate bill of loading made out for ICRC between removal of the goods from the storage depots supplies and for Sahel country supplies. of the relevant intervention agencies and their delivery at the places of destination specified in Article 1 , Article 7 including unloading costs. Delivery shall be completed when the goods actually 1 . The intervention agency shall take all measures arrive at the place of destination . necessary to ensure that the 330 metric tons for Niger for which contracts are awarded, are transported Article 4 rapidly from the place of destination to the distribu­ tion points . The French intervention agency is responsible for the invitation to tender provided for in the previous It shall negotiate private contracts for the costs of Articles . such transport on the best terms possible, account being taken of prevailing transport terms and of the Article 5 urgency of delivery.

1 . The time limit for the submission of tenders 2. The distribution points provided for in para­ graph 1 shall be designated by the authorities of the shall be 16 April 1974 at 12 noon . recipient countries and shall be communicated by the 2. Loading shall take place as soon as possible and Commission to the intervention agency concerned . be completed on 20 May 1974 at the latest. Article 8 Article 6 When the delivery provided for in Article 3 has been The French Government shall ensure that the completed, the certificate to the effect that delivery successful tenderer : has been taken of the quantity of goods taken over — notifies the Commission , the country of destina­ from the intervention agency shall be issued : tion , the representative of the intervention agency — in the case of ICRC supplies by the ICRC recep­ at the place of destination and the ICRC represen­ tion agent ; tative, as regards the respective quantities with — in the case of the other supplies : by the represen­ which they are concerned : tative of the intervention agency at the place of — 10 days before the goods' expected date of destination . arrival, of the means of transport to be used to carry the goods to the place of destination , the Article 9 means of shipment to be used during the inter­ mediary phases, the date of loading and the This Regulation shall enter into force on the third day quantity and quality of the goods as recorded following its publication in the Official Journal of on shipment from the Community ; the European Communities.

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

Done at Brussels , 3 April 1974.

For the Commission The President

Francois-Xavier ORTOLI