31974R1447

No L 154/ 18 Official Journal of the European Communities 11 . 6 . 74

REGULATION (EEC) No 1447/74 OF THE COMMISSION of 10 June 1974 opening an invitation to tender for the costs of the manufacture of butte>oil and of its delivery to Ethiopia as food aid

THE COMMISSION OF THE EUROPEAN 2. Loading of the butteroil shall take place as soon COMMUNITIES, as possible and not later than 25 July 1974. Having regard to the Treaty establishing thfc European Economic Community ; Having regard to Council Regulation (EEC) No Article 3 804/68 (') of 27 June 1968 on the common organiza­ tion of the market in milk and milk products, as last 1 . Tenders are invited to determine the costs of amended by Regulation (EEC) No 662/74 (2), and in manufacture and delivery of the butteroil incurred particular Articles 6 (7) and 28 thereof ; until the time when the presence of the goods in the Whereas Council Regulation (EEC) No 3583/73 (3) of hold of the ship at the port of unloading is verified. 28 December 1973 laying down general rules for the The country of destination shall bear all costs supply of milk and fats as food aid to the countries of subsequent to delivery, including unloading costs (for the Sahel and Ethiopia provides for 6 000 metric tons example shifting, hoisting or reception costs) and any of butteroil processed from 7 320 metric tons of butter lighterage costs. to be put at the disposal of those countries ; whereas Ethiopia has requested the supply of 650 metric tons 2. Any demurrage costs or dispatch money at the of butteroil ; whereas this supply must be put out to port of unloading shall be paid or received (as the case tender as provided in Commission Regulation (EEC) may be) by the country of destination . The rates of No 567/74 (4) of 8 March 1974 concerning the supply and rules governing such costs and dispatch money of butteroil as food aid to the countries of the Sahel shall be specified in the contract between the and Ethiopia ; successful tenderer, acting as agent for the Commu­ Whereas, however, the application of Regulation nity, and the shipper, and shall be agreed upon in (EEC) No 567/74 requires that certain points be speci­ advance between the successful tenderer and the recep­ fied in greater detail, particularly the time limit for tion agent in the country of destination . the submission of tenders and the terms of delivery of the butteroil ; whereas it may prove necessary, owing to congestion at the proposed port of destination, to Article 4 divert the butteroil to another port ; whereas provision should therefore be made for amending, should the need arise, the costs already agreed on ; The closing date for the submission of tenders shall Whereas the measures provided for in this Regulation be 25 June 1974 at 12 noon . are in accordance with the Opinion of the Manage­ ment Committee for Milk and Milk Products, Article 5 HAS ADOPTED THIS REGULATION :

Article 1 The German Government shall : Tenders are hereby invited in accordance with Regula­ 1 . ensure that the successful tenderer shall : tion (EEC) No 567/74 for the costs of manufacture and delivery cif of a consignment of 650 metric tons (a) notify the country of destination, as soon as of butteroil to Ethiopia, made up as follows : possible after the goods have been loaded on — 250 metric tons cif Assab, board ship, of details of the ship, the loading — 400 metric tons cif Djibouti . date, the quantity and quality of the goods as Article 2 recorded on shipment and the port of un­ loading ; 1 . The butter for the manufacture of butteroil shall be removed from the premises of the German inter­ (b) at least 10 clear days in advance, inform the vention agency. country of destination of the expected date of arrival at the port of ship's unloading ; (') OJ No L 148 , 28 . 6. 1968, p. 13 . (c) have included in the terms of the charter-party (2) OJ No L 85, 29 . 3 . 1974, p. 51 . (J) OJ No L 359, 28 . 12. 1973, p. 51 provision stipulating that the ship's captain (4) OJ No L 69, 12. 3 : 1974, p. 3 . shall, at least 72 hours in advance, notify the

11 . 6 . 74 Official Journal of the European Communities No L 154/ 19

country of destination of the ship s probable 2. In such case, the German intervention agency is date of arrival in port ; to agree with the successful tenderer any cost reduc­ tion or increase as against the costs originally agreed. 2. send to the Commission as soon as possible the . information specified in paragraph 1 (a) and (b). 3 . The intervention agency shall forthwith commu­ nicate to the Commission the agreed new amounts of Article 6 costs .

1 . On the request of the Commission nominating Article 7 ports other than those provided for in Article 1 , the German intervention agency may in agreement with This Regulation shall enter into force on the third day the successful tenderer have the butteroil delivered to following its publication in the Official Journal of the new nominated ports. » 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