31975R3318

. No L 328 / 28 Official Journal of the European Communities 20 . 12 . 75

REGULATION ( EEC) No 3318 /75 OF THE COMMISSION of 19 December 1975 opening an invitation to tender for the costs of delivery of skimmed-milk powder to Niger as food aid

THE COMMISSION OF THE EUROPEAN sense of Article 2, of a lot of 500 metric tons of COMMUNITIES, skimmed-milk powder to Niger.

Having regard to the Treaty establishing the European Economic Community ; Article 2

Having regard to Council Regulation (EEC) No 1 . Tenders are invited to determine delivery costs 804/68 (') of 27 June 1968 on the common organiza­ incurred between removal of the goods from the inter­ tion of the market in milk and milk products, as last vention agency's storage depot and the time when the amended by Regulation (EEC) No 740/75 (2), and in presence of the goods is effectively deposited on the particular Articles 7 (5) and 28 thereof ; quay at the port of unloading. Whereas Council Regulation ( EEC) No 3236/74 (3) of 17 December 1974 laying down general rules for the 2 . The time limit for the submission of tenders is 6 supply of skimmed-milk powder as food aid to the January 1976 at 12 noon . countries of the Sahel and Ethiopia, provides inter alia that 1 250 metric tons of skimmed-milk powder which forwarding shall be ensured by the Community Article 3 to the place of destination , shall be made available to Niger ; 1 . The skimmed-milk powder shall be removed from the premises of the French intervention agency . Whereas Niger has requested the supply, as emer­ gency aid, of 500 metric tons of skimmed-milk 2. It shall be packed following the requirements of powder ; whereas the costs of delivering these supplies the Annex to Regulation ( EEC) No 597/75 . must be put out to tender as provided in Commission Regulation ( EEC) No 597/75 (4 ) of 6 March 1975 The intervention agency shall procure that the concerning invitations to tender for the costs of packing is marked in letters at least 1 cm high : delivery of skimmed-milk powder in public storage as food aid to the countries of the Sahel and Ethiopia ; 'Lait ecremé en poudre — Don de la Communauté économique européenne à la république du Niger — Whereas certain items must be specified in pursuance À distribuer gratuitement.' of Regulation ( EEC) No 597/75 , such as the time limit for the submission of tenders and the terms of delivery of the skimmed-milk powder ; whereas it may 3 . Loading shall be effected on a date to be fixed prove necessary owing to congestion at the proposed by the intervention agency concerned which must be port of destination , to divert the skimmed-milk after 1 and before 18 February 1976. powder to another ; whereas provision should there­ fore be made for amending, should the need arise, the Article 4 costs already agreed on ;

Whereas the measures provided for in this Regulation In respect of the supplies for which its intervention arc in accordance with the Opinion of the Manage­ agency is responsible, the French Government shall ment Committee for Milk and Milk Products, ensure that the tenderer informs the country of desti­ nation , the representative of the intervention agency at the port of unloading and the Commission : HAS ADOPTED THIS REGULATION : — as soon as possible after the goods have been loaded on board ship, of details of the ship, the Article 1 loading date , the quantity and quality of the goods are recorded on shipment and the port of Tenders are hereby invited , pursuant to Regulation unloading ; ( EEC) No 597/ 75 for the delivery cif Lome, in the — at least 10 clear days before arrival at the port of (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . unloading, of the expected date of arrival ; (-') OJ No L 74, 22 . 3 . 1975, p. 1 . (3 ) OJ No L 346, 24 . 12 . 1974, p. 4 . — at least 72 hours before the ship's arrival in port, (■*) OJ No L 63 , 8 . 3 . 1975, p. 7. of the date of arrival .

20 . 12 . 75 Official Journal of the European Communities No L 328 / 29

Article 5 Article 7 When the delivery provided for 'in Article 2 ( 1 ) has 1 . The intervention agency concerned shall take all been completed the representative of the intervention measures necessary to ensure that the skimmed-milk agency shall issue the successful tenderer with a certifi­ powder for which a contract is awarded is transported cate to the effect that delivery has been taken of the rapidly from the port of unloading to the destination quantity of goods taken over from the intervention points mentioned by the authorities of the recipient agency. countries and communicated by the Commission to the intervention agency concerned. Article 6 2. Private contracts shall be negotiated on the best terms possible by the intervention agency for the cost 1 . On request of the Commission nominating a of transport mentioned in paragraph 1 account being port other than that provided for in Article 1 , the taken of prevailing transport terms and of the urgency French intervention agency may, in agreement with of delivery. the successful tenderer, have the skimmed-milk powder delivered to the new nominated port. 3 . The intervention agency shall communicate immediately to the Commission a copy of the private 2. In such case the French intervention agency is contract . to agree with the successful tenderer any cost reduc­ tion or increase against the costs originally agreed. Article 8

3. The intervention agency shall forthwith commu­ This Regulation shall enter into force on the third day nicate to the Commission the agreed new amount of following its publication in the Official Journal of costs . the European Communities.

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

Done at Brussels, 19 December 1975 .

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