31975R2035

6 . 8 . 75 No L 207/ 11 Official Journal of the European Communities

REGULATION ( EEC) No 2035 / 75 OF THE COMMISSION of 5 August 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 1 300 metric tons of skimmed-milk powder to Ethi­ COMMUNITIES , opia .

Having regard to the Treaty establishing the European Economic Community ; 2 . The delivery shall be effected cif in the sense of Article 2(1 ): Having regard to Council Regulation (EEC) No 804/ 68 ( 1 ) of 27 June 1968 on the common organiza­ — in the port of Assab for 700 metric tons, tion of the market in milk and milk products, as last — in the port of Djibouti for 600 metric tons . amended by Regulation (EEC) No 740/75 (2), and in particular Article 7 (5) thereof ;

Whereas Council Regulation ( EEC) No 3236/74 (3 ) of Article 2 17 December 1974 laying down general rules for the supply of skimmed-milk powder as food aid to the countries of the Sahel and Ethiopia, provides inter 1 . Tenders are invited to determine delivery costs alia that 1 600 metric tons of skimmed-milk powder incurred between removal of the goods from the inter­ shall be made available to Ethiopia ; vention agency's storage depot and the time when the presence of the goods in the hold of the ship at the Whereas Ethiopia has requested the supply of 1 300 port of unloading is verified . The country of destina­ metric tons of skimmed-milk powder which can be tion shall bear all costs subsequent to delivery, made available to it by the German intervention including unloading costs ( for example shifting, agency ; whereas the costs of delivering this supply hoisting or reception costs) and any lighterage costs . must be put out to tender as provided in Commission Regulation ( EEC) No 597/75 (*) of 6 March 1975 concerning invitations to tender for the costs of 2. Any demurrage costs or dispatch money at the delivery of skimmed-milk powder in public storage as port of unloading shall be paid or received (as the case food aid to the countries of the Sahel and Ethiopia ; may be) by the country of destination . The rates of and rules governing such costs and dispatch money Whereas certain items must be specified in pursuance shall be specified in the contract between the of Regulation (EEC) No 597 /75 , such as the time successful tenderer, acting as agent for the Commu­ limit for the submission of tenders and the terms of nity, and the shipper, and shall be agreed upon in delivery of the skimmed-milk powder ; whereas it may advance between the successful tenderer and the recep­ prove necessary owing to congestion at the proposed tion agent in the country of destination . port of destination , to divert the skimmed-milk powder to another port ; whereas provision should therefore be made for amending, should the need arise , the costs already agreed on ; Article 3

Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ 1 . The skimmed-milk powder shall be removed ment Committee for Milk and Milk Products , from the premises of the German intervention agency .

2 . It shall be packed according to the Annex to HAS ADOPTED THIS REGULATION : Regulation ( EEC) No 597/ 75 . The intervention agency shall procure that the packing is marked in letters at least 1 cm high : A rtic/e 1

1 . Tenders are hereby invited , pursuant to Regula­ ' Skimmed-milk powder — Gift of the European Economic Community to Ethiopia — to be distri­ tion ( EEC) No 597 / 75 , for the delivery of a lot of buted free of charge .' (') O ) No L 148 , 28 . 6 . 1968 , p . 13 . (-') O'l No L 74, 22. 3 . 1975, p. I. ( ; ) O") No L 346, 24. 12. 1974, p. 4. 3 . Loading shall take place as soon as possible and (') O") No L 63 , 8 . 3 . 1975, p. 7. not later than 30 September 1975 .

No L 207 / 12 6 . 8 . 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 26 August 1975 at 12 noon . Article 6 Article 5 1 . On request of the Commission nominating a The German Government shall : port other than those provided for in Article 1 , the German intervention agency may in agreement with 1 . ensure that the successful tenderer shall : the successful tenderer have the skimmed-milk (a ) notify the country of destination , as soon as powder delivered to the new nominated port. possible after the goods have been loaded on 2. In such case the German intervention agency is board ship, of details of the ship, the loading to agree with the successful tenderer any cost reduc­ date, the quantity and quality of the goods as tion or increase against the costs originally agreed . recorded on shipment and the port of 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 Joun al 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, 5 August 1975 .

For the Commission

P.J. LARDINOIS Member of the Commission