31975R1855

No L 188 /20 19 . 7 . 75 Official Journal of the European Communities

REGULATION ( EEC) No 1855 / 75 OF THE COMMISSION of 16 July 1975 on the issue of an invitation to tender for the costs of delivering skimmed-milk powder as food aid to Mali and Upper Volta

THE COMMISSION OF THE EUROPEAN Article 3 ( 1 ) of a lot of 400 metric tons of skimmed­ COMMUNITIES , milk powder from the port of Abidjan, of which :

Having regard to the Treaty establishing the European — 200 metric tons to Mali , and Economic Community ; — 200 metric tons to Upper Volta. 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 Article 2 amended by Regulation ( EEC) No 740/75 (2), and in particular Articles 7 (5) and 28 thereof ; 1 . The skimmed-milk powder shall be removed from the premises of the French intervention agency. Whereas Council Regulation ( EEC) No 3582/73 (3) of 28 December 1973 laying down general rules for the supply of skimmed-milk powder as food aid to the 2 . It shall be packed according to Annex I to countries of the Sahel and Ethiopia, provides for Commission Regulation (EEC) No 1 108/68 (5) of 27 14 000 metric tons of skimmed-milk powder to be July 1968 on detailed rules of application for public supplied to those countries ; storage of skimmed-milk powder, as last amended by Regulation (EEC) No 1 093/75 (6). Whereas Mali and Upper Volta have requested the supply, as emergency aid, of 200 metric tons of skim­ The intervention agency shall procure that the med-milk powder ; whereas the costs of delivering this packing is marked in letters at least 1 cm high : supply must be put out to tender as provided in Commission Regulation ( EEC) No 1 92/74 (4 ) of 18 — for the 200 metric tons to Mali : January 1974 on the supply of skimmed-milk powder as food aid to the countries of the Sahel and Ethiopia ; ' Lait écréme en poudre — Don de la Commu­ nauté économique européenne à la République du Whereas certain items must be specified in pursuance Mali — A distribuer gratuitement' ; of Regulation ( EEC) No 192/ 74, such as the time limit for the submission of tenders and the terms of — for the 200 metric tons to Upper Volta : delivery of the skimmed-milk powder ; whereas it may prove necessary, owing to congestion at the proposed ' Lait écréme en poudre — Don de la Commu­ port of destination , to divert the skimmed-milk nauté économique européenne à la République de powder to another ; whereas provision should there­ Haute Volta — A distribuer gratuitement'. fore be made for amending, should the need arise, the costs already agreed on ; 3 . Loading shall take place as soon as possible and Whereas the measures provided for in this Regulation not later than 25 August 1975 . are in accordance with the Opinion of the Manage­ ment Committee for Milk and Milk Products,

Article3¶

HAS ADOPTED THIS REGULATION : 1 . Tenders are invited to determine delivery costs incurred between removal of the goods from the inter­ vention agency's storage depot and the time when the Article 1 presence of the goods is effectively deposed on the quay at the port of unloading. Tenders are hereby invited , pursuant to Regulation ( EEC) No 192/74, for the delivery cif in the sense of 2 . The time limit for the submission of tenders is 29 July 1975 at 12 noon . (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . (2 ) OJ No L 74, 22. 3 . 1975, p. 1 . (3) OJ No L 359, 28 . 12. 1973 , p. 50 . (5 ) OJ No 184, 29 . 7 . 1968 , p . 34 . H OJ No L 21 , 25 . 1 . 1974, p . 33 . (6) OJ No 109 , 29 . 4. 1975 , p. 5.

19 . 7 . 75 Official Journal of the European Communities No L 188 /21

Article 4 2. In such case the French intervention agency is to agree with the successful tenderer any cost reduc­ The French Government shall ensure that the tion or increase against the costs originally agreed. successful tenderer inform the recipient country, the representative of the intervention agency at the port of 3 . The intervention agency shall forthwith commu­ unloading, and the Commission : nicate to the Commission the agreed new amount of costs . — as soon as possible after the goods have been loaded on board ship, of details of the ship, the Article 7 loading date, the quantity and quality of the goods as recorded on shipment and the port of 1 . The intervention agency shall take all measures unloading, necessary to ensure that the skimmed-milk powder for — at least 10 clear days before arrival at the port of which a contract is awarded is transported rapidly unloading, of the expected date of arrival, from the port of unloading to the destination points — at least 72 hours before the ship's arrival in port, mentioned by the authorities of the recipient coun­ of the date of arrival . tries and communicated by the Commission to the intervention agency concerned . Article 5 2. Private contracts shall be negotiated on the best When the delivery provided for in Article 3 ( 1 ) has terms possible by the intervention agency for the cost been completed the representative of the intervention of transport mentioned in paragraph 1 , account being agency shall issue the successful tenderer with a certifi­ taken of prevailing transport terms and of the urgency cate to the effect that delivery has been taken of the of delivery. quantity of goods taken over from the intervention agency . 3 . The intervention agency shall communicate immediately to the Commission a copy of the private contract . Article 6

1 . On request of the Commission nominating a Article 8 port other than that provided for in Article 1 , the French intervention agency may in agreement with This Regulation shall enter into force on the third day the successful tenderer ]have the skimmed-milk following its publication in the Official Journal of powder delivered to the new nominated port. the European Communities.

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

Done at Brussels, 16 July 1975. For the Commission

P.J. LARDINOIS Member of the Commission