CELEX: 31974R1446
Language: en
Date: 1974-06-11 00:00:00
Title: Regulation (EEC) No 1446/74 of the Commission of 10 June 1974 opening an invitation to tender for the costs of delivery of skimmed-milk powder to Ethiopia as food aid

No L 154/ 16                           Official Journal of the European Communities                                11 . 6 . 74
                             REGULATION (EEC) No 1446/74 OF THE COMMISSION
                                                        of 10 June 1974
               opening an invitation to tender for the costs of delivery of skimmed-milk
                                               powder to Ethiopia as food aid
THE COMMISSION OF THE EUROPEAN                                      — 700 metric tons cif Assab,
 COMMUNITIES,                                                       — 500 metric tons cif Djibouti,
                                                                    — 300 metric tons cif Massawa.
 Having regard to the Treaty establishing the European
 Economic Community ;
                                                                                              Article 2
 Having regard to Council Regulation (EEC) No
804/68 0 of 27 June 1968 on the common organiza­                    1 . The skimmed-milk powder shall be removed
tion of the market in milk and milk products, as last               from the premises of the German intervention agency.
amended by Regulation (EEC) No 662/74 (2), and in
particular Article 7 (5) thereof ;                                  The said agency shall procure that the packing is
                                                                    marked in letters at least 2 cm high :
Whereas Council Regulation (EEC) No 3582/73 (3) of
28 December 1973 laying down general rules for the                       ' Lait ecreme en poudre / Don de la Communaute
supply of milk fats as food aid to the countries of the                  economique europeenne a l'fithiopie — a distri­
Sahel and Ethiopia, provides for 14 000 metric tons of                   buer gratuitement'.
skimmed-milk powder to be supplied to those coun­
tries ;                                                             2. Loading shall take place as soon as possible and
                                                                    not later than 25 July 1974.
Whereas Ethiopia has requested the supply, as emer­
gency aid, of 1 500 metric tons of skimmed-milk
                                                                                              Article 3
powder which can be made available to it by the
German intervention agency ; whereas the costs of
delivering these supplies must be put out to tender as              1 . Tenders are invited to determine delivery costs
provided in Commission Regulation (EEC) No                        . incurred between, removal of the goods from the inter­
 192/74 (4) of 24 January 1974 on the supply of skim­               vention agency's storage depot and the time when the
med-milk powder as food aid to the countries of the                 presence of the goods in the hold of the ship at the
Sahel and Ethiopia ;                                                port of unloading is verified. The country of destina­
                                                                    tion shall bear all costs subsequent to delivery,
Whereas certain items must be specified in pursuance                including unloading costs (for example shifting,
of Regulation (EEC) No 192/74, such as the time                     hoisting or reception costs) and any lighterage costs.
limit for the submission of tenders and the terms of
delivery of the skimmed-milk powder ; whereas it may                2. Any demurrage costs or dispatch money at the
prove necessary owing to congestion at the proposed                 port of unloading shall be paid or received (as the case
port of destination , to divert the skimmed-milk                    may be) by the country of destination . The rates of
powder to another port ; whereas provision should                   and rules governing such costs and dispatch money
therefore be made for amending, should be need arise,               shall be specified in the contract between the
the costs already agreed on ;                                       successful tenderer, acting as agent for the Commu­
                                                                    nity, and the shipper, and shall be agreed upon in
Whereas the measures provided for in this Regulation                advance between the successful tenderer and the recep­
are in accordance with the Opinion of the Manage­                   tion agent in the country of destination .
ment Committee for Milk and Milk Products,
                                                                                              Article 4
HAS ADOPTED THIS REGULATION :
                                                                    The time limit for the submission of tenders is 25
                                                                    June 1974 at 12 noon .
                            Article 1
Tenders are hereby invited, pursuant to Regulation                                            Article 5
(EEC) No 192/74 for the delivery of a lot of 1 500
metric tons of skimmed-milk powder to Ethiopia                      The German Government shall :
made up as follows :
                                                                    1 . ensure that the successful tenderer shall :
(') OJ  No  L 148, 28 . 6. 1968 , p. 13.
(2) OJ  No  L 85, 29. 3. 1974, p. 51 .                                  (a) notify the country of destination, as soon as
(J) OJ  No  L 359, 28 . 12 . 1973, p. 50 .                                   possible after the goods have been loaded on
(<) OJ  No  L 21 , 25. 1 . 1974, p. 33.                                      board ship, of details of the ship, the loading
 ---pagebreak--- 11 . 6. 74                         Official Journal of the European Communities                         No L 154/ 17
        date, the quantity and quality of the goods as        German intervention agency may in agreement with
        recorded on shipment and the port of un­              the     successful   tenderer   have the skimmed-milk
        loading ;                                             powder delivered to the new nominated ports.
    (b) at least 10 clear days in advance, inform the
        country of destination of the expected date of        2. In such case the German intervention agency is
        arrival at the port of ship's unloading ;             to agree with the successful tenderer any cost reduc­
    (c) have included in the terms of the charter-party       tion or increase against the costs originally agreed.
        a provision stipulating that the ship's captain
        shall, at least 72 hours in advance, notify the       3. The intervention agency shall forthwith commu­
        country of destination of the ship's probable         nicate to the Commission the agreed new amounts of
        date of arrival in port ;                             costs .
2. send to the Commission as soon as possible the
    information specified in paragraph 1 (a) and (b).                                    Article 7
                         Article 6
                                                              This Regulation shall enter into force on the third day
1 . On the request of the Commission nominating               following its publication in the Official Journal of
ports other than those provided for in Article 1 , the        the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 10 June 1974.
                                                                          For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOLI