31975R1155

No L 114/4 Official Journal of the European Communities 3 . 5 . 75

REGULATION ( EEC) No 1155 / 75 OF THE COMMISSION of 29 April 1975 concerning an invitation to tender for the costs of manufacture and delivery of butteroil as food aid to Senegal and Somalia

THE COMMISSION OF THE EUROPEAN port ; whereas provision should therefore be made for COMMUNITIES , amending, should the need arise, the costs already agreed on ; Having regard to the Treaty establishing the European Whereas the measures provided for in this Regulation Economic Community ; are in accordance with the Opinion of the Manage­ ment Committee for Milk and Milk Products , Having regard to Council Regulation ( EEC) No 804/ 68 (') of 27 June 1968 on the common organiza­ tion of the market in milk and milk products, as last amended by Regulation ( EEC) No 740/75 ( 2), and in HAS ADOPTED THIS REGULATION : particular Articles 6 (7) and 28 thereof ;

Article 1 Whereas Council Regulation ( EEC) No 3235/74 (3 ) of 17 December 1974 on the supply of butteroil as food aid to the countries of the Sahel , Ethiopia and Somalia Tenders are hereby invited , pursuant to Regulation under Regulation ( EEC) No 530 /74 , provides inter ( EEC) No 750 / 75 , for the costs of manufacture and alia for the supply of 300 metric tons of butteroil to delivery of 450 metric tons of butteroil divided into lots as follows : Senegal ; whereas that country has applied for the abovementioned quantity to be delivered ; — lot A : 300 metric tons for Senegal , for delivery cif Dakar, Whereas Council Regulation ( EEC) No 41 1 /75 (4 ) of — lot B : 150 metric tons for Somalia , for delivery cif 17 February 1975 on the supply of butteroil as food Mogadishu . aid to Somalia under Regulation ( EEC) No 530 / 74, makes provision for 1 50 metric tons of butteroil to be made available to Somalia and to be taken from the Article 2 reserve stock of 4 400 metric tons provided for in Council Regulation ( EEC) No 530 /74 (5 ) of 4 March 1 . The butter which is to be manufactured into 1974 laying down general rules for the supply of milk butteroil shall be removed from the premises of the fats as food aid to certain developing countries and French intervention agency. certain international organizations ; whereas Somalia has applied for the abovementioned quantity to be delivered ; 2 . The quality and packaging of the butteroil shall satisfy the requirements laid down in the Annex to Regulation ( EEC) No 750 / 75 . Whereas the costs of these supplies must form the subject of an invitation to tender in accordance with It shall be put up : Commission Regulation ( EEC ) No 750 / 75 (6) of 21 March 1975 concerning invitations to tender for the — in the case of lot A, in 5 kg canisters , costs of manufacture and delivery of butteroil as food — in the case of lot B, in 20 kg canisters . aid to the countries of the Sahel and Ethiopia ; as amended * by Regulation ( EEC) No 1 1 54/ 75 ( 7) ; The wording referred to in point II (3) of the said whereas however for the purpose of Regulation (EEC) Annex shall be , in letters not less than one centimetre No 750 /75 certain items must be specified, such as the time limit for the submission of tenders and the high : terms of delivery of the butteroil ; whereas it may — in the case of lot A : Don de la Communauté prove necessary , owing to congestion at the proposed économique européenne à la République du ports of destination , to divert the butteroil to another Sénégal — à distribuer gratuitement', — in the case of lot B : 'Gift of the European (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . (2 ) OJ No L 74, 22 . 3 . 197.5 , p. 1 . Economic Community to the Somali Democratic (3 ) OJ No L 346, 24 . 12 . 1974, p . 3 . Republic — to be distributed free of charge'. (■») Of No L 47, 21 . 2 . 1975 , p . 5 . (5 ) OJ No L 65, 7 . 3 . 1974, p . 1 . ( b ) OJ No L 74 , 22 . 3 . 1975 , p. 30 . 3 . Loading shall take place as soon as possible and ( 7 ) See page 1 of this Official Journal . not later than 16 June 1975 .

3 . 5 . 75 Official Journal of the European Communities No L 114/ 5

Article 3 board ship, of details of the ship, the loading date, the quantity and quality of the goods as 1 . Tenders are invited to determine costs incurred recorded on shipment and the port of in the manufacture , packaging and delivery of the unloading ; butteroil between removal of the butter from the inter­ vention agency's storage depots and the time when (b) at least 10 clear days in advance, inform the the butteroil is delivered to the stage specified in country of destination of the expected date of Article 1 . arrival at the port of ship's unloading ; (c) have included in the terms of the charter-party As regards lot A, delivery cif Dakar shall be consid­ a provision stipulating that the ship's captain ered as completed when the goods are actually placed shall , at least 72 hours in advance , notify the on the quay at the port of unloading. country of destination of the ship's probable As regards lot B, delivery cif Mogadishu shall be date of arrival in port ; considered as completed when the goods are actually placed on the quay or on a lighter at the port of 2 . send to the Commission as soon as possible the unloading. information specified in paragraph 1 (a) and (b). The country of destination shall bear all costs subsequent to delivery, including reception costs . Article 6 2. Any demurrage costs or dispatch money at the port of unloading shall be paid or received (as the case 1 . At the request of the Commission nominating a may be) by the recipient country. The rates of and port other than those provided for in Article 1 , the rules governing such costs and dispatch money shall French intervention agency may, in agreement with be specified in the contract between the successful the successful tenderer, have the butteroil delivered to tenderer, acting as agent for the Community, and the the new port nominated . shipper and shall be agreed upon in advance between the successful tenderer and the reception agent in the 2 . In such case the French intervention agency is country of destination . to agree with the successful tenderer any cost reduc­ tion or increase against the costs originally agreed . Artie e 4 3 . The intervention agency shall forthwith commu­ The time limit for the submission of tenders is 13 nicate to the Commission the agreed new amounts of May 1975 at 12 noon . costs .

Article 5 Article 7 The French Government shall : 1 . ensure that the successful tenderer shall : This Regulation shall enter into force on the third day (a ) notify the country of destination , as soon as following its publication in the Official Journal of possible after the goods have been loaded on the European Communities.

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

Done at Brussels , 29 April 1975 . For the Commission

P.J. LARDINOIS Aiemher of the Commission