CELEX: 31974R1447
Language: en
Date: 1974-06-11 00:00:00
Title: Regulation (EEC) No 1447/74 of the Commission of 10 June 1974 opening an invitation to tender for the costs of manufacture of butteroil and its delivery to Ethiopia as food aid

No L 154/ 18                           Official Journal of the European Communities                               11 . 6 . 74
                            REGULATION (EEC) No 1447/74 OF THE COMMISSION
                                                       of 10 June 1974
               opening an invitation to tender for the costs of the manufacture of butte>oil and
                                          of its delivery to Ethiopia as food aid
THE COMMISSION OF THE EUROPEAN                                    2. Loading of the butteroil shall take place as soon
COMMUNITIES,                                                      as possible and not later than 25 July 1974.
Having regard to the Treaty establishing thfc European
Economic Community ;
Having regard to Council Regulation (EEC) No                                               Article 3
804/68 (') of 27 June 1968 on the common organiza­
tion of the market in milk and milk products, as last             1.     Tenders are invited to determine the costs of
amended by Regulation (EEC) No 662/74 (2), and in                 manufacture and delivery of the butteroil incurred
particular Articles 6 (7) and 28 thereof ;                        until the time when the presence of the goods in the
Whereas Council Regulation (EEC) No 3583/73 (3) of                hold of the ship at the port of unloading is verified.
28 December 1973 laying down general rules for the               The country of destination shall bear all costs
supply of milk and fats as food aid to the countries of          subsequent to delivery, including unloading costs (for
the Sahel and Ethiopia provides for 6 000 metric tons            example shifting, hoisting or reception costs) and any
of butteroil processed from 7 320 metric tons of butter           lighterage costs.
to be put at the disposal of those countries ; whereas
Ethiopia has requested the supply of 650 metric tons              2. Any demurrage costs or dispatch money at the
of butteroil ; whereas this supply must be put out to             port of unloading shall be paid or received (as the case
tender as provided in Commission Regulation (EEC)                 may be) by the country of destination . The rates of
No 567/74 (4) of 8 March 1974 concerning the supply               and rules governing such costs and dispatch money
of butteroil as food aid to the countries of the Sahel
                                                                 shall be specified in the contract between the
and Ethiopia ;                                                   successful tenderer, acting as agent for the Commu­
Whereas, however, the application of Regulation                   nity, and the shipper, and shall be agreed upon in
(EEC) No 567/74 requires that certain points be speci­           advance between the successful tenderer and the recep­
fied in greater detail, particularly the time limit for          tion agent in the country of destination .
the submission of tenders and the terms of delivery of
the butteroil ; whereas it may prove necessary, owing
to congestion at the proposed port of destination, to
                                                                                           Article 4
divert the butteroil to another port ; whereas provision
should therefore be made for amending, should the
need arise, the costs already agreed on ;                        The closing date for the submission of tenders shall
Whereas the measures provided for in this Regulation             be 25 June 1974 at 12 noon .
are in accordance with the Opinion of the Manage­
ment Committee for Milk and Milk Products,
                                                                                           Article 5
HAS ADOPTED THIS REGULATION :
                           Article 1                             The German Government shall :
Tenders are hereby invited in accordance with Regula­
                                                                  1 . ensure that the successful tenderer shall :
tion (EEC) No 567/74 for the costs of manufacture
and delivery cif of a consignment of 650 metric tons
of butteroil to Ethiopia, made up as follows :                        (a) notify the country of destination, as soon as
                                                                          possible after the goods have been loaded on
— 250 metric tons cif Assab,
                                                                          board ship, of details of the ship, the loading
— 400 metric tons cif Djibouti .                                          date, the quantity and quality of the goods as
                           Article 2                                      recorded on shipment and the port of un­
                                                                          loading ;
1.    The butter for the manufacture of butteroil shall
be removed from the premises of the German inter­                     (b) at least 10 clear days in advance, inform the
vention agency.                                                           country of destination of the expected date of
                                                                          arrival at the port of ship's unloading ;
(') OJ No  L  148, 28. 6. 1968, p. 13.
(2) OJ No  L  85, 29. 3. 1974, p. 51 .                                (c) have included in the terms of the charter-party
(J) OJ No  L  359, 28 . 12. 1973, p. 51                                   provision stipulating that the ship's captain
(4) OJ No  L  69, 12. 3 : 1974, p. 3 .                                    shall, at least 72 hours in advance, notify the
 ---pagebreak--- 11 . 6. 74                         Official Journal of the European Communities                         No L 154/ 19
        country of destination of the ship s probable        2. In such case, the German intervention agency is
        date of arrival in port ;                            to agree with the successful tenderer any cost reduc­
                                                              tion or increase as against the costs originally agreed.
2. send to the Commission as soon as possible the .
    information specified in paragraph 1 (a) and (b).        3 . The intervention agency shall forthwith commu­
                                                              nicate to the Commission the agreed new amounts of
                         Article 6                            costs .
1 . On the request of the Commission nominating                                        Article 7
ports other than those provided for in Article 1 , the
German intervention agency may in agreement with             This Regulation shall enter into force on the third day
the successful tenderer have the butteroil delivered to       following its publication in the Official Journal of
the new nominated ports.                  »                   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