31975R2316

11 . 9 . 75 No L 239/ 11 Official Journal of the European Communities

REGULATION ( EEC) No 2316/75 OF THE COMMISSION of 9 September 1975 concerning an invitation to tender for the supply of butteroil as food aid to Somalia

THE COMMISSION OF THE EUROPEAN 2. As ■ regards the tendering procedure and the COMMUNITIES, conditions governing the manufacture and delivery of the butteroil, the provisions of Regulation (EEC) No Having regard to the Treaty establishing the European 2247/75 shall apply by analogy, without prejudice to Economic Community ; the special ^provisions below.

Having regard to Council Regulation (EEC) No 804/68 (') of 27 June 1968 on the common organiza­ Article 2 ^ tion of the market in milk and milk products, as last , amended by Regulation (EEC) No 740/75 (2), and in 1 . The butter for the manufacture of the butteroil particular Articles 6 (7) and 28 thereof ; referred to in Article 1 ( 1 ) shall be obtained from^the Whereas Council Regulation (EEC) No 714/75 (3) of French intervention agency. • 18 March 1975 laying down general rules for the supply of milk fats as food aid to Somalia, provides for 2. The butteroil shall comply, as regards quality a reserve stock of 850 metric tons of butteroil to be and packaging, with the conditions laid down in the supplied to that country according to its needs ; Annex to Regulation«(EEC) No 224.7/75 and shall be whereas Somalia has made a request for the supply of put up in 5 kg canisters only. the said quantity ;

3 . The words to be printed on the packaging, as Whereas Article 4 of Regulation (EEC) No 714/75 provided in Chapter II 2 (b) of the abovementioned lays down that the processing of the butter into butter­ Annex, shall be the following : oil , packaging and shipment shall in principle be the subject of a tendering procedure ; 'GIFT OF THE EUROPEAN ECONOMIC COMMU­ NITY TO THE SOMALI DEMOCRATIC REPU­ Whereas the tendering procedure should essentially BLIC TO BE DISTRIBUTED 4?REE OF CHARGE'. be that laid down by Commission Regulation (EEC) No 2247/75 (4) of 29 August 1975 on the conditions governing invitations to tender to determine the cost of manufacture and delivery of butteroil as food aid to Article 3 certain developing countries and the World Food Programme ; whereas it is necessary, however, to 1 . Delivery shall be made cif Mogadishu, Somalia . specify certain points, in particular the closing date for the submission of tenders and the conditions Delivery cif shall be deemed to take place when the governing delivery of the butteroil ; goods are actually set down on the quayside at the Whereas the measures provided for in this Regulation port of unloading or on lighters where the latter method is used . are in accordance with the Opinion of the Manage­ ment Committee for Milk and Milk Products, 2. The country of destination shall be responsible for all expenditure incurred after delivery, including acceptance costs . HAS ADOPTED THIS REGULATION :

Any demurrage costs at the port of unloading due to Article 1 delays for which the country of destination is respon­ sible shall be borne by that country . The rates and 1 . Tenders shall be invited , in accordance with the conditions of such demurrage to be laid down in the provisions of Regulation (EEC) No 714/75 , for the contract between the successful tenderer and the manufacture and delivery to Somalia of 850 metric carrier must be agreed in advance between the tons of butteroil . successful tenderer acting as agent for the Community and»the receiving agent of the country of destination . (') OJ No L 1 48 , 28 . 6 . 1968 , p. 13 . (-) OJ No L 74, 22 . .3 . 1975, p. 1 . (J ) OJ No L 71 , 20 . 3 . 1975, p. 6 . 3 . Loading shall take place as soon as possible and not later than 20 October 1975 . C ) OJ No L 229 , 30 . 8 . 1975, p. 60 .

No L 239 / 12 11 . 9 . 75 Official Journal of the European Communities

Article 4 2. communicate to the Commission as soon as The French Government shall : possible the information referred to in ( 1 ) (a) and (b) above. 1 . ensure that the supplier : (a) notifies the country of destination as soon as possible after the goods have been loaded of Article 5 the name of the vessel, the date of loading, the quantity and quality of the goods as recorded at The closing date for the submission of tenders shall the time of loading, the port of unloading and be 23 September 1975 at 12 noon . the daily rate of unloading at that port ; (b) informs the country of destination of the antici­ pated date of arrival at the port of unloading at Article 6 least 1 0 days before thit date ; (c) has a clause inserted in the charter-party obliging the captain to give the country of desti­ This Regulation shall enter into force on the day nation at least 72 hours' notice of the probable following its publication in the Official Journal of date of arrival of the vessel in port ; the European Communities.

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

Done at Brussels, 9 September 1975.

For the Commission P.J. LARDINOIS Member of the Commission