31974R1446

No L 154/ 16 Official Journal of the European Communities 11 . 6 . 74

REGULATION (EEC) No 1446/74 OF THE COMMISSION of 10 June 1974 opening an invitation to tender for the costs of delivery of skimmed-milk powder to Ethiopia as food aid

THE COMMISSION OF THE EUROPEAN — 700 metric tons cif Assab, COMMUNITIES, — 500 metric tons cif Djibouti, — 300 metric tons cif Massawa . Having regard to the Treaty establishing the European Economic Community ; Article 2 Having regard to Council Regulation (EEC) No 804/68 0 of 27 June 1968 on the common organiza­ 1 . The skimmed-milk powder shall be removed tion of the market in milk and milk products, as last from the premises of the German intervention agency. amended by Regulation (EEC) No 662/74 (2), and in particular Article 7 (5) thereof ; The said agency shall procure that the packing is marked in letters at least 2 cm high : Whereas Council Regulation (EEC) No 3582/73 (3) of 28 December 1973 laying down general rules for the ' Lait ecreme en poudre / Don de la Communaute supply of milk fats as food aid to the countries of the economique europeenne a l'fithiopie — a distri­ Sahel and Ethiopia, provides for 14 000 metric tons of buer gratuitement'. skimmed-milk powder to be supplied to those coun­ tries ; 2. Loading shall take place as soon as possible and not later than 25 July 1974. Whereas Ethiopia has requested the supply, as emer­ gency aid, of 1 500 metric tons of skimmed-milk Article 3 powder which can be made available to it by the German intervention agency ; whereas the costs of 1 . Tenders are invited to determine delivery costs delivering these supplies must be put out to tender as . incurred between, removal of the goods from the inter­ provided in Commission Regulation (EEC) No vention agency's storage depot and the time when the 192/74 (4) of 24 January 1974 on the supply of skim­ presence of the goods in the hold of the ship at the med-milk powder as food aid to the countries of the port of unloading is verified. The country of destina­ Sahel and Ethiopia ; tion shall bear all costs subsequent to delivery, Whereas certain items must be specified in pursuance including unloading costs (for example shifting, of Regulation (EEC) No 192/74, such as the time hoisting or reception costs) and any lighterage costs. limit for the submission of tenders and the terms of delivery of the skimmed-milk powder ; whereas it may 2. Any demurrage costs or dispatch money at the prove necessary owing to congestion at the proposed port of unloading shall be paid or received (as the case port of destination , to divert the skimmed-milk may be) by the country of destination . The rates of powder to another port ; whereas provision should and rules governing such costs and dispatch money therefore be made for amending, should be need arise, shall be specified in the contract between the the costs already agreed on ; successful tenderer, acting as agent for the Commu­ nity, and the shipper, and shall be agreed upon in Whereas the measures provided for in this Regulation advance between the successful tenderer and the recep­ are in accordance with the Opinion of the Manage­ tion agent in the country of destination . ment Committee for Milk and Milk Products,

Article 4 HAS ADOPTED THIS REGULATION : The time limit for the submission of tenders is 25 June 1974 at 12 noon . Article 1

Tenders are hereby invited, pursuant to Regulation Article 5 (EEC) No 192/74 for the delivery of a lot of 1 500 metric tons of skimmed-milk powder to Ethiopia The German Government shall : made up as follows : 1 . ensure that the successful tenderer shall : (') OJ No L 148 , 28 . 6. 1968 , p. 13 . (a) notify the country of destination, as soon as (2) OJ No L 85, 29 . 3 . 1974, p. 51 . (J) OJ No L 359, 28 . 12 . 1973, p. 50 . possible after the goods have been loaded on (<) OJ No L 21 , 25. 1 . 1974, p. 33 . board ship, of details of the ship, the loading

11 . 6 . 74 Official Journal of the European Communities No L 154/ 17

date, the quantity and quality of the goods as German intervention agency may in agreement with recorded on shipment and the port of un­ the successful tenderer have the skimmed-milk loading ; powder delivered to the new nominated ports. (b) at least 10 clear days in advance, inform the country of destination of the expected date of 2. In such case the German intervention agency is arrival at the port of ship's unloading ; to agree with the successful tenderer any cost reduc­ (c) have included in the terms of the charter-party tion or increase against the costs originally agreed. a provision stipulating that the ship's captain shall, at least 72 hours in advance, notify the 3. The intervention agency shall forthwith commu­ country of destination of the ship's probable nicate to the Commission the agreed new amounts of date of arrival in port ; costs .

2. send to the Commission as soon as possible the information specified in paragraph 1 (a) and (b). Article 7

Article 6 This Regulation shall enter into force on the third day 1 . On the request of the Commission nominating following its publication in the Official Journal of ports other than those provided for in Article 1 , the the European Communities.

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

Done at Brussels, 10 June 1974.

For the Commission

The President

Francois-Xavier ORTOLI