31975R2394

20 . 9 . 75 No L 246/ 13 Official Journal of the European Communities

REGULATION ( EEC) No 2394/ 75 OF THE COMMISSION of 19 September 1975 opening an invitation to tender for the costs of delivery of skimmed-milk powder to Mali as food aid

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES, are in accordance with the Opinion of the Manage­ ment Committee for Milk and Milk Products, Having regard to the Treaty establishing the European Economic Community ;

HAS ADOPTED THIS REGULATION : 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 1 amended by Regulation (EEC) No 740/75 (2), and in particular Articles 7 (5) and 28 thereof ; Tenders are hereby invited, pursuant to Regulation (EEC) No 597/75 for the delivery cif Abidjan, Whereas Council Regulatiqn (EEC) No 3234/74 (3) of according to Article 2, of a lot of 2 400 metric tons of 17 December 1974 on the supply of skimmed-milk skimmed-milk powder to Mali made up of 900 metric powder as food aid to the countries of the Sahel , Ethi­ tons pursuant to Regulation (EEC) No 3234/74 and opia and Somalia under Regulation (EEC) No 1 500 metric tons pursuant to Regulation (EEC) No 3236/ 74 . 1826/74, provides more particularly for the supply to Mali of 900 metric tons of skimmed-milk powder ;

Article 2 Whereas Council Regulation ( EEC) No 3236/74 (4) of 17 December 1974 laying down general rules for the 1 . Tenders are invited to determine delivery costs supply of skimmed-milk powder as food aid to the incurred between removal of the goods from the inter­ countries of the Sahel and Ethiopia, provides, inter vention agency's storage depot and the time when the alia, that 1 500 metric tons of skimmed-milk powder presence of the goods in the hold of the ship at the shall be made available to Mali ; port of unloading is verified . The country of destina­ tion shall bear all costs subsequent to delivery, Whereas Mali has requested the supply, as emergency including unloading costs (for example shifting, aid, of 2 400 metric tons of skimmed-milk powder hoisting or reception costs) and any lighterage costs. which can be made available to it by the Dutch inter­ vention agency ; whereas the costs of delivering these 2. Any demurrage costs or dispatch money at the supplies must be put out to tender as provided in port of unloading shall be paid or received (as the case Commission Regulation (EEC) No 597/75 (5) of 6 may be) by the country of destination . The rates of March 1975 concerning invitations to tender for the and rules governing such costs and dispatch money costs of delivery of skimmed-milk powder in public shall be specified in the contract between the storage as food aid to the countries of the Sahel and successful tenderer and the shipper and shall be Ethiopia ; agreed upon in advance between the successful tenderer acting as agent for the Community and the reception agent in the country of destination . Whereas certain items must be specified in pursuance of Regulation ( EEC) No 597/75 , such as the time limit for the submission of tenders and the terms of Article 3 delivery of the skimmed-milk powder ; whereas it may prove necessary owing to congestion at the proposed port of destination , to divert the skimmed-milk 1 . The skimmed-milk powder shall be removed powder to another port ; whereas provision should from the premises of the Dutch intervention agency. therefore be made for amending, should the need arise, the costs already agreed on ; 2. It shall be packed according to the Annex of Regulation ( EEC) No 597/75 . (>) OJ No L 148 , 28 . 6. 1968 , p. 13 . (-') OJ No L 74, 22. 3 . 1975, p. 1 . The intervention agency shall procure that the (3) OJ No L 346, 24. 12. 1974, p. 2. (4) OJ No L 346, 24. 12. 1974, p. 4. packing is marked in letters at least one centimetre (5) OJ No L 63, 8 . 3 . 1975, p. 7. high :

No L 246/ 14 Official Journal of the European Communities 20 . 9 . 75

'Lait ecreme en poudre — Don de la Communauté shall , at least 72 hours in advance, notify the économique européenne — À distribuer gratuite­ country of destination of the ship's probable ment'. date of arrival in port ;

3. Loading shall take place as soon as possible and 2. send to the Commission as soon as possible the not later than 25 November 1975 . information specified in paragraph 1 (a) and (b).

Article 4 Article 6 The time limit for the submission of tenders is 14 October 1975 at 12 noon . 1 . On request of the Commission nominating a port other than that provided for in Article 1 , the Dutch intervention agency may in agreement with the Article 5 successful tenderer have the skimmed-milk powder The Dutch Government shall : delivered to the new nominated port.

1 . ensure that the successful tenderer shall : 2. In such case the Dutch intervention agency is to agree with the successful tenderer any cost reduction (a) notify the country of destination, as soon as or increase against the costs Originally agreed . possible after the goods have been loaded on board ship, of details of the ship, the loading 3 . The intervention agency shall forthwith commu­ date, the quantity and quality of the goods as nicate to the Commission the agreed new amount of recorded on shipment and the port of costs . unloading ; (b) at least 10 clear days in advance, inform the Article 7 country of destination of the expected date of arrival at the port of ship's unloading ; This Regulation shall enter into force on the third day (c) have included in the terms of the charter-party following its publication in the Official Journal of a provision stipulating that the ship's captain the European Communities.

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

Done at Brussels, 19 September 1975 .

For the Commission

P.J. LARDINOIS Member of the Commission