31975R0987

No L 95/ 14 Official Journal of the European Communities 17 . 4 . 75

REGULATION ( EEC) No 987 /75 OF THE COMMISSION

of 16 April 1975

opening an invitation to tender for the costs of delivery of skimmed-milk powder as food aid to Ethiopia

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES,

Having regard to the Treaty establishing the European Article 1 Economic Community ;

1 . Tenders are hereby invited, pursuant to Regula­ Having regard to Council Regulation (EEC) No tion (EEC) No 597/75, for the delivery of a lot of 800 804/68 (^ of 27 June 1968 on the common organiza­ metric tons of skimmed-milk powder to Ethiopia tion of the market in milk and milk products, as last made up of 500 metric tons pursuant to Regulation amended by Regulation (EEC) No 740/75 (2), and in (EEC) No 3234/74 and 300 metric tons pursuant to particular Article 7 (5) thereof ; Regulation (EEC) No 3236/74. Whereas Council Regulation (EEC) No 3234/74 (3) of 17 December 1974 on the supply of skimmed-milk 2 . The delivery shall be effected : powder as food aid to the countries of the Sahel, Ethi­ — cif Assab for 400 metric tons, opia and Somalia, under Regulation (EEC) No 1826/74, provides more particularly for the supply to — cif Massawa for 400 metric tons . Ethiopia of 500 metric tons of skimmed-milk powder ; • Article 2 Whereas Council Regulation (EEC) No 3236/74 (4) of 17 December 1974 laying down general rules for the 1 . The skimmed-milk powder shall be removed supply of skimmed-milk powder as food aid to the from the premises of the German intervention agency. countries of the Sahel and Ethiopia, provides inter alia that 1 600 metric tons of skimmed-milk powder 2. It shall be packed according to the Annex to shall be made available to Ethiopia ; Regulation ( EEC) No 597/75 . The intervention agency shall procure that the packing is marked in letters at Whereas Ethiopia has requested the supply, as emer­ least 1 cm high : gency aid, of 800 metric tons of skimmed-milk powder which can be made available to it by the 'Skimmed-milk powder — gift of the European German intervention agency ; whereas the costs of Economic Community to Ethiopia — to be distri­ delivering this supply must be put out to tender as buted free of charge.' provided in Commission Regulation (EEC) No 597/75 (5) of 6 March 1975 concerning invitations to 3 . Loading shall take place as soon as possible and tender for the costs of delivery of skimmed-milk not later than 16 June 1975 . powder in public storage as food aid to the countries of the Sahel and Ethiopia ;

Article 3 Whereas certain items must be specified in pursuance of Regulation (EEC) No 597/75, such as the time limit for the submission of tenders and the terms of 1 . Tenders are invited to determine delivery costs delivery of the skimmed-milk powder ; whereas it may incurred between removal of the goods from the inter­ prove necessary owing to congestion at the proposed vention agency's storage depot and the time when the port of destination , to divert the skimmed-milk presence of the goods in the hold of the ship at the powder to another port ; whereas provision should port of unloading is verified . The country of destina­ therefore be made for amending, should the need tion shall bear all costs subsequent to delivery, arise, the costs already agreed on ; including unloading costs (for example shifting, hoisting or reception costs) and any lighterage costs. Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ 2. Any demurrage costs or dispatch money at the ment Committee for Milk and Milk Products, port of unloading shall be paid or received (as the case may be) by the country of destination . The rates of (') OJ No L 148 , 28 . 6. 1968 , p. 13 . and rules governing such costs and dispatch money (2) OJ No L 74, 22 . 3 . 1975, p. 1 . shall be specified in the contract between the (3 ) OJ N9 L 346, 24. 12. 1974, p. 2. (4 ) OJ No L 346, 24. 12. 1974, p. 4. successful tenderer, acting as agent for the Commu­ (s) OJ No L 63 , 8 . 3 . 1975, p. 7. nity, and the shipper, and shall be agreed upon in

17 . 4 . 75 No L 95/ 15 Official Journal of the European Communities

advance between the successful tenderer and the recep­ country of destination of the ship s probable tion agent in the country of destination. date of arrival in port ;

2. send to the Commission as soon as possible the Article 4 information specified in paragraph 1 (a) and (b). The time limit for the submission of tenders is 13 May 1975 at 12 noon . Article 6

1 . On request of the Commission nominating a Article 5 port other than those provided for in Article 1 , the The German Government shall : German intervention agency may in agreement with the successful tenderer have the skimmed-milk 1 . ensure that the successful tenderer shall : powder delivered to the new nominated port. (a) notify the country of destination, as soon as 2. In such case the German intervention agency is possible after the goods have been loaded on to agree with the successful tenderer any cost reduc­ board ship, of details of the ship, the loading tion or increase against the costs originally agreed. date, the quantity and quality of the goods as recorded on shipment and the port of 3 . The intervention agency shall forthwith commu­ unloading, nicate to the Commission the agreed new amount of costs . (b) at least 10 clear days in advance, inform the country of destination of the expected date of Article 7 arrival at the port of ship's unloading,

(c) have included in the terms of the charter-party This Regulation shall enter into force on the third day a provision stipulating that the ship's captain following its publication in the Official Journal of shall, at least 72 hours in advance, notify the the European Communities.

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

Done at Brussels, 16 April 1975.

For the Commission

P.J. LARDINOIS

Member of the Commission