31975R1017

19 . 4 . 75 No L 98 / 19 Official Journal of the European Communities

REGULATION ( EEC) No 1017 /75 OF THE COMMISSION of 17 April 1975 opening an invitation to tender for the costs of delivery of skimmed-milk powder as food aid to Senegal

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

Having regard to the Treaty establishing the European Article I Economic Community ; Tenders are hereby invited, pursuant to Regulation Having regard to Council Regulation ( EEC) No (EEC) No 597/75 for the delivery cif Dakar of a lot of 804/68 (') of 27 June 1968 on the common organiza­ 1 000 metric tons of skimmed-milk powder to tion of the market in milk and milk products, as last Senegal made up of 500 metric tons pursuant to Regu­ amended by Regulation ( EEC) No 740/75 (2), and in lation (EEC) No 3234/74 and 500 metric tons particular Article 7 (5) and Article 28 thereof ; pursuant to Regulation (EEC) No 3236/74.

"Whereas Council Regulation (EEC) No 3234/74 (3) of 17 December 1974 on the supply of skimmed-milk Article 2 powder as food aid to the countries of the Sahel , Ethi­ opia and Somalia under Regulation (EEC) No 1 . The skimmed-milk powder shall be removed 1826/74, provides more particularly for the supply to from the premises of the French intervention agency. Senegal of 500 metric tons of skimmed-milk powder ; 2. It shall be packed according to point (a) of the Whereas Council Regulation (EEC) No 3236/74 (4) of Annex to Regulation ( EEC) No 597/75. The interven­ 17 December 1974 laying down general rules for the tion agency shall procure that the packing is marked supply of skimmed-milk powder as food aid to the in letters at least 1 cm high : ' Lait écrémé en poudre countries of the Sahel and Ethiopia, provides, inter — Don de la Communauté économique européenne alia, that 500 metric tons of skimmed-milk powder à la République du Sénégal — à distribuer gratuite­ shall be made available to Senegal ; ment'. Whereas Senegal has requested the supply, as emer­ 3 . Loading shall take place as soon as possible and gency aid, of 1 000 metric tons of skimmed-milk not later than 9 June 1975 . powder which can be made available to it by the French intervention agency ; whereas the costs of delivering these supplies must be put out to tender as Article 3 provided in Commission Regulation (EEC) No 597/75 (5) of 6 March 1975 concerning invitations to tender for the costs of delivery of skimmed-milk 1 . Tenders are invited to determine delivery costs powder in public storage as food aid to the countries incurred between removal of the goods from the inter­ of the Sahel and Ethiopia ; vention agency's storage depot and the time when the goods are unloaded on the quayside at the port of Whereas certain items must be specified in pursuance unloading. The country of destination shall bear all of Regulation (EEC) No 597/75, such as the time costs subsequent to delivery . 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 the need shall be specified in the contract between the arise, 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 wit ' the Opinion of the Manage­ tion agent in the country of destination . ment Committee for Milk and Milk Products ,

(■) OJ No L 148 , 28 . 6. 1968 , p. 13 . Article 4 (2 ) OJ No L 74, 22 . 3 . 1975 , p. 1 . (3 ) OJ No L 346, 24. 12 . 1974, p. 2 . The time limit for the submission of tenders is 13 (4) OJ No L 346 , 24. 12 . 1974, p. 4 . 5) OJ No L 63 , 8 . 3 . 1975, p. 7 . May 1975 at 12 noon .

No L 98 / 20 19 . 4 . 75 Official Journal of the European Communities

Article5¶

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

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

Done at Brussels, 17 April 1975.

For the Commission

P.J. LARDINOIS Member of the Commission