CELEX: 31974R0194
Language: en
Date: 1974-01-18 00:00:00
Title: Regulation (EEC) No 194/74 of the Commission of 18 January 1974 concerning the issue of an invitation to tender for the supply of skimmed-milk powder as emergency food aid to the International Committee of the Red Cross

No L 21 /38                                 Official Journal of the European Communities                               25 . 1 . 74
                                 REGULATION (EEC) No 194/74 OF THE COMMISSION
                                                           of 18 January 1974
                 concerning the issue of an invitation to tender for the supply of skimmed-milk
                  powder as emergency food aid to the International Committee of the Red Cross
 THE COMMISSION OF THE EUROPEAN                                         powder bought in pursuant to Article 7 ( 1 ) of Regula­
 COMMUNITIES,                                                           tion (EEC) No 804/68 and intended for Chile.
 Having regard to the Treaty establishing the European                  2. The skimmed-milk powder shall, as regards
 Economic Community ;                                                   quality and packing, satisfy the requirements laid
 Having regard to Council Regulation (EEC) No                           down in Annex I to Commission Regulation (EEC)
 804/68 ( ! ) of 27 June 1968 on the common organiza­                   No 1108/68 (6) of 27 July 1968 on detailed rules of
 tion of . the market in milk and milk products, as last                application for public storage of skimmed-milk
 amended by the Act (2) concerning the Conditions of                    powder, as last amended by Regulation (EEC) No
 Accession and the Adjustments to the Treaties, and in                  2196/73 (7).
 particular Article 7 (5) and Article 28 thereof ;
                                                                       The packing of the skimmed-milk powder shall bear a
 Whereas Council Regulation (EEC) No 2721 /72 (3) of                    red cross 15 cm by 15 cm and be marked in letters at
 19 December 1972 on the supply of skimmed-milk                         least 1 cm high :
 powder as food aid, as amended by Regulation (EEC)                    'Leche desnatada en polvo / Donacion de las Comuni­
 No 2700/73 (4), provides, inter alia, that 6 000 metric                dades europeas / Accion del Comite Internacional de
 tons skimmedmilk powder should be made available                       la Cruz Roja'.
 to the International Committee of the Red Cross
(ICRC) ;
                                                                                                  Article 2
Whereas Article 3 ( 1 ) (d) of that Regulation provides
 for the payment of a sum of money to cover delivery
 costs, arrangements for such payment being approved                    1 . The German intervention agency shall, in accor­
by the Community under the terms of the supply                          dance with the provisions of Regulation (EEC) No
 contract ; whereas such sums are to be determined , as                 1885/73 , issue an invitation to tender for the costs of
 paragraph 2 of that Article provides, by inviting                     delivery cif to Valparaiso.
 tenders ;
                                                                        2.    Delivery cif shall be completed when the goods
Whereas the procedure for inviting tenders should be                   are actually unloaded on the quayside or onto a
based mainly on the provisions of Commission Regu­                      lighter.
 lation (EEC) No 1885/73 (5) of 12 July 1973
concerning invitations to tender for the costs of
delivery, as food aid, of skimmed-milk powdtr held by                                             Article 3
the intervention agencies ;
                                                                        1 . The recipient shall bear all costs subsequent to
Whereas, having regard to the stocks held by the inter­                delivery, including costs of taking delivery.
vention agencies and to the situation of the market in
skimmed-milk powder, the quantity of 1 500 metric                      2. Any demurrage costs at the port of unloading in
tons can be supplied by the German intervention                         respect of delays attributable to the consignee organiza­
agency ;                                                               tion shall be for the account of that organization . The
Whereas the measures provided for in this Regulation                   amount of these costs and detailed rules concerning
are in accordance with the Opinion of the Manage­                      them shall be as fixed in the contract between the
ment Committee for Milk and Milk Products ,                            tenderer acting as Community agent and the carrier,
                                                                       subject to prior agreement thereon between such
                                                                       agent and reception agent of the consignee organiza­
HAS ADOPTED THIS REGULATION :                                          tion .
                               Article 1
                                                                                                  Article 4
 1.    Tenders shall be invited for the costs of delivery
to the ICRC of 1 500 metric tons of skimmed-milk
                                                                        1 . The German intervention agency shall notify the
                                                                       consignee organization , as soon as possible after the
(!) OJ  No   L  148 , 28 . 6 . 1968 , p. 13 .                          goods have left the place of shipment, of details of the
(2) OJ  No   L 7.3 , 27 . 3 . 1972, p. 14.
(3) OJ  No   L 291 , 28 . 12. 1972, p. 28 .
(4) OJ  No   L  279 , 5 . 10 . 1973 , p. 1 .                           (") OJ No L 184, 29 . 7 . 1968 , p. 34 .
  5 OJ  No   L  192, 12 . 7 . 1973 , p. 31 .                           ( 7) OJ No L 223, 11 . 8 . 1973 , p. 20 .
 ---pagebreak--- 25 . 1 . 74                       Official Journal of the European Communities                          No L 21 /39
ship, the loading date, the quantity and quality of                                    Article 7
goods as recorded on shipment, the port of unloading
and the daily rate of unloading at the port of               The German intervention agency shall inform the
unloading.                                                    Commission of the name and            address   of  the
                                                              successful tenderer or tenderers .
2. The German intervention agency shall, at least
10 clear days in advance, inform the consignee organi­
zation of the expected date of arrival of the ship at the                              Article 8
port of unloading. The agency shall have included in
the terms of the charter-party a provision stipulating
                                                             The time limit for the submission of tenders shall be
that the ship's captain must, at least 72 hours in
advance, inform the consignee organization of the             12 February 1974 at 12 noon .
probable date of arrival of the goods in the port of
unloading.
                                                                                       Article 9
                        Article 5
                                                              No refund, monetary compensatory amount or
Loading shall take after 14 and before 31 March 1974.         compensatory amount as provided for in the Act
                                                              annexed to the Treaty of Accession may be granted in
                        Article 6                             respect of skimmed-milk powder delivered pursuant
                                                              to this Regulation .
1.     The Commission shall inform the German inter­
vention agency of the name and address of the recep­
tion agent designated by the consignee organization .                                 Article 10
2. The German intervention agency shall inform
the consignee organization in good time of the                This Regulation shall enter into force on the third day
name and address of the agent mentioned under                 following its publication in the Official Journal of
Article 3 (2).                                                 the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 18 January 1974.
                                                                        For the Commission
                                                                            The President
                                                                       Francois-Xavier ORTOLI