31975R0061

11 . 1 . 75 Official Journal of the European Communities No L 7/23

REGULATION ( EEC) No 61 / 75 OF THE COMMISSION of 9 January 1975 opening an invitation to tender for the costs of delivery of skimmed-milk powder to Somalia as food aid

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES , are in accordance with the Opinion of the Manage­ ment Committee for Milk and Milk Products, Having regard to the Treaty establishing the European Economic Community ;

HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 804/68 ( l ) of 27 June 1968 on the common organiza­ tion of the market in milk and milk products, as last Article 1 amended by Regulation (EEC) No 662/74 (2), and in particular Article 7 (5) thereof ; Tenders are hereby invited, pursuant to Regulation ( EEC) No 2557/74, for the delivery of a lot of 278 Whereas Council Regulation (EEC) No 3234/74 (3) of metric tons of skimmed-milk powder to Somalia cif 17 December 1974 on the supply of skimmed-milk Mogadishu . powder as food aid to the countries of the Sahel, Ethi­ opia and Somalia under Regulation (EEC) No 1826/74 makes provision inter alia for 350 metric tons of Article 2 skimmed-milk powder to be made available to Somalia and to be taken from the 6 000 metric tons to 1 . The skimmed-milk powder shall be removed be kept in reserve pursuant to Council Regulation from the premises of the Luxembourg intervention (EEC) No 1 827/74 (4) of 11 July 1974 concerning the agency . supply of skimmed-milk powder as food aid to certain developing countries and certain international organi­ The said agency shall procure that the packing is zations ; whereas pursuant to Regulation ( EEC) No marked in letters at least 2 cm high : 3234/74 the goods are to be delivered to destination points in the recipient countries ; 'Skimmed-milk powder — Gift of the European Economic Community to Somalia .' Whereas Somalia has applied for the supply of 278 metric tons of skimmed-milk powder which may be 2. Loading shall take place as soon as possible and made available to it by the Luxembourg intervention not later than 1 March 1975 . agency ; whereas the costs of delivering these supplies must form the subject of an invitation to tender in accordance with Commission Regulation ( EEC) No Article 3 2557/74 (5 ) of 4 October 1974 concerning the invita­ tion to tender for the costs of delivery, as food aid, of 1 . Tenders are invited to determine delivery costs skimmed-milk powder to certain developing coun­ incurred between removal of the goods from the inter­ tries ; vention agency's storage depots and the time when the presence of the goods in the hold of the ship at Whereas certain items must be specified in pursuance the port of unloading is verified . The country of desti­ of Regulation ( EEC) No 2557/74, such as the time nation shall bear all costs subsequent to delivery, limit for the submission of tenders and the terms of including unloading costs (for example shifting, delivery of the skimmed-milk powder ; whereas it may hoisting or reception costs) and any lighterage costs. prove necessary owing to congestion at the proposed port of destination , to divert the skimmed-milk 2 . Any demurrage costs or dispatch money at the powder to another port ; whereas provision should port of unloading shall be paid or received (as the case therefore be made for amending, should the need may be) by the recipient country. The rates of and arise, the costs already agreed on ; rules governing such costs and dispatch money shall be specified in the contract between the successful (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . tenderer, acting as agent for the Community, and the (2 ) OJ No L 85, 29 . 3 . 1974, p. 51 . shipper, and shall be agreed upon in advance between (3 ) OJ No L 346, 24. 12 . 1974, p. 2. the successful tenderer and the reception agent in the (4 ) OJ No L 190 , 13 . 7 . 1974, p. 22 . (5 ) OJ No L 274, 9 . 10 . 1974, p. 7. country of destination .

No L 7 / 24 11 . 1 . 75 Official Journal of the European Communities

Article 4 2. send to the Commission as soon as possible the information specified in paragraph 1 (a) and (b). The time limit for the submission of tenders is 28 January 1975 at 12 noon . Article 6

Article 5 1 . On the request of the Commission nominating ports other than those provided for in Article 1 , the The Luxembourg Government shall : Luxembourg intervention agency may in agreement 1 . ensure that the successful tenderer shall : with the successful tenderer have the skimmed-milk powder delivered to the new nominated ports. (a) notify the country of destination , as soon as possible after the goods have been loaded on 2. In such case the Luxembourg intervention board ship, of details of the ship, the loading agency is to agree with the successful tenderer any date, the quantity and quality of the goods as cost reduction or increase against the costs originally recorded on shipment and the port of agreed . unloading ; 3 . The intervention agency shall forthwith commu­ (b) at least 10 clear days in advance, inform the nicate to the Commission the agreed new amounts of country of destination of the expected date of costs . arrival at the port of ship's unloading ; (c) have included in the terms of the charter-party Article 7 a provision stipulating that the ship's captain shall , at least 72 hours in advance, notify the This Regulation shall enter into force on the third day country of destination of the ship's probable following its publication in the Official Journal of date of arrival in port ; the European Communities.

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

Done at Brussels, 9 January 1975 .

For the Commission

The President

Francois-Xavier ORTOLI