CELEX: 31975R2035
Language: en
Date: 1975-08-06 00:00:00
Title: Regulation (EEC) No 2035/75 of the Commission of 5 August 1975 opening an invitation to tender for the costs of delivery of skimmed-milk powder as food aid to Ethiopia

6 . 8 . 75                               Official Journal of the European Communities                          No L 207/ 11
                             REGULATION ( EEC) No 2035/ 75 OF THE COMMISSION
                                                        of 5 August 1975
                  opening an invitation to tender for the costs of delivery of skimmed-milk
                                                powder as food aid to Ethiopia
 THE COMMISSION OF THE EUROPEAN                                     1 300 metric tons of skimmed-milk powder to Ethi­
 COMMUNITIES,                                                      opia .
 Having regard to the Treaty establishing the European
 Economic Community ;                                              2.     The delivery shall be effected cif in the sense of
                                                                   Article 2(1 ):
 Having regard to Council Regulation (EEC) No
 804/ 68 ( 1 ) of 27 June 1968 on the common organiza­             — in the port of Assab for 700 metric tons,
 tion of the market in milk and milk products, as last
 amended by Regulation (EEC) No 740/75 (2), and in                 — in the port of Djibouti for 600 metric tons.
 particular Article 7 (5) thereof ;
 Whereas Council Regulation ( EEC) No 3236/74 (3 ) of
                                                                                           Article 2
 17 December 1974 laying down general rules for the
 supply of skimmed-milk powder as food aid to the
 countries of the Sahel and Ethiopia, provides inter                1.    Tenders are invited to determine delivery costs
 alia that 1 600 metric tons of skimmed-milk powder                incurred between removal of the goods from the inter­
 shall be made available to Ethiopia ;                             vention agency's storage depot and the time when the
                                                                   presence of the goods in the hold of the ship at the
 Whereas Ethiopia has requested the supply of 1 300
                                                                   port of unloading is verified . The country of destina­
 metric tons of skimmed-milk powder which can be
                                                                   tion shall bear all costs subsequent to delivery,
 made available to it by the German intervention
                                                                   including unloading costs (for example shifting,
agency ; whereas the costs of delivering this supply
                                                                   hoisting or reception costs) and any lighterage costs.
 must be put out to tender as provided in Commission
 Regulation ( EEC) No 597/75 (*) of 6 March 1975
concerning invitations to tender for the costs of                  2. Any demurrage costs or dispatch money at the
delivery of skimmed-milk powder in public storage as                port of unloading shall be paid or received (as the case
 food aid to the countries of the Sahel and Ethiopia ;              may be) by the country of destination . The rates of
                                                                   and rules governing such costs and dispatch money
Whereas certain items must be specified in pursuance               shall be specified in the contract between the
of Regulation (EEC) No 597/75, such as the time                    successful tenderer, acting as agent for the Commu­
 limit for the submission of tenders and the terms of
                                                                   nity, and the shipper, and shall be agreed upon in
delivery of the skimmed-milk powder ; whereas it may               advance between the successful tenderer and the recep­
 prove necessary owing to congestion at the proposed               tion agent in the country of destination .
 port of destination , to divert the skimmed-milk
 powder to another port ; whereas provision should
 therefore be made for amending, should the need
arise, the costs already agreed on ;                                                        Article 3
Whereas the measures provided for in this Regulation
are in accordance with the Opinion of the Manage­                   1.    The skimmed-milk powder shall be removed
 ment Committee for Milk and Milk Products ,                       from the premises of the German intervention agency.
                                                                   2.     It shall be packed according to the Annex to
 HAS ADOPTED THIS REGULATION :
                                                                   Regulation ( EEC) No 597/75 . The intervention agency
                                                                   shall procure that the packing is marked in letters at
                            A rtic/e 1                             least 1 cm high :
 1.      Tenders are hereby invited , pursuant to Regula­          'Skimmed-milk powder — Gift of the European
tion ( EEC) No 597/ 75, for the delivery of a lot of                Economic Community to Ethiopia — to be distri­
                                                                   buted free of charge .'
(') O ) No L 148 , 28 . 6 . 1968 , p . 13 .
(-') O'l No L 74, 22. 3 . 1975, p. I.
( ; ) O") No L 346, 24. 12. 1974, p. 4.                            3.     Loading shall take place as soon as possible and
(') O") No L 63 , 8 . 3 . 1975, p. 7.                              not later than 30 September 1975 .
 ---pagebreak--- No L 207/ 12                        Official Journal of the European Communities                               6 . 8 . 75
                          Article 4                            2. send to the Commission as soon as possible the
The time limit for the submission of tenders is 26
                                                                   information specified in paragraph 1 (a) and (b).
August 1975 at 12 noon .
                                                                                        Article 6
                          Article 5
                                                               1 . On request of the Commission nominating a
The German Government shall :                                  port other than those provided for in Article 1 , the
                                                               German intervention agency may in agreement with
1 . ensure that the successful tenderer shall :                the     successful  tenderer  have  the  skimmed-milk
    (a) notify the country of destination , as soon as         powder delivered to the new nominated port.
        possible after the goods have been loaded on
                                                               2. In such case the German intervention agency is
        board ship, of details of the ship, the loading
                                                               to agree with the successful tenderer any cost reduc­
        date, the quantity and quality of the goods as
        recorded on shipment and the port of                   tion or increase against the costs originally agreed .
        unloading ;                                            3 . The intervention agency shall forthwith commu­
    (b) at least 10 clear days in advance, inform the          nicate to the Commission the agreed new amounts of
        country of destination of the expected date of         costs .
        arrival at the port of ship's unloading ;
    (c) have included in the terms of the charter-party                                 Article 7
        a provision stipulating that the ship's captain
        shall , at least 72 hours in advance, notify the       This Regulation shall enter into force on the third day
        country of destination of the ship's probable          following its publication in the Official Joun al of
        date of arrival in port ;                              the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 5 August 1975 .
                                                                           For the Commission
                                                                             P.J. LARDINOIS
                                                                       Member of the Commission