CELEX: 31973R2130
Language: en
Date: 1973-07-31 00:00:00
Title: Regulation (EEC) No 2130/73 of the Commission of 31 July 1973 on the supply of skimmed-milk powder to Bangladesh as Community aid

3 . 8 . 73                               Official Journal of the European Communities                          No L 215/35
                            REGULATION (EEC) No 2130/73 OF THE COMMISSION
                                                         of 31 July 1973
                 on the supply of skimmed-milk powder to Bangladesh as Community aid
THE COMMISSION OF THE EUROPEAN                                      (Bangladesh) 2 000 metric tons of skimmed-milk
COMMUNITIES,                                                        powder bought in pursuant to Article 7 of Regulation
                                                                    (EEC) No 804/68 . Such milk powder shall be taken
Having regard to the Treaty establishing the European               from the stocks held by the French intervention
Economic Community ;                                                agency.
Having regard to Council Regulation (EEC) No                        2. The skimmed-milk powder shall, as regards
804/68 (! ) of 27 June 1968 on the common organiza­                 quality and packing, satisfy the requirements laid
tion of the market in milk and milk products, as last               down in Annex I of Commission Regulation (EEC)
amended by the Act (2) on the Conditions of Acces­                  No 1108/68 (4) of 27 July 1968 concerning the
sion and the Adjustments to the Treaties, and in parti­             methods of public storage of skimmed-milk powder,
cular Articles 7 (5) and 28 thereof ;                               as last amended by Regulation (EEC) No 1 252/73 (5).
Whereas Council Regulation (EEC) No 2721 /72 (3) of                 The packing of the skimmed-milk powder shall be
19 December 1972 on the supply of skimmed-milk                      marked in letters at least 1 cm high :
powder as food aid provides that there shall be made
available inter alia 19 450 metric tons of skimmed­                 'Skimmed-milk powder — Gift of the European
milk powder for shipment to the People's Republic of                Economic Community to the People's Republic of
Bangladesh ;                                                        Bangaldesh'.
Whereas subparagraph (b) of Article 3 ( 1 ) of the said
Regulation provides for payment of a sum to cover                                             Article 2
delivery costs up to the point of delivery cif ; whereas
the amount of this sum is to be determined by means
of a tender procedure ; whereas the intervention                    1.    The skimmed-milk powder shall be delivered
                                                                    after 10 October 1973 and before 26 October 1973 .
agency responsible for supplying the milk powder
should be called upon to organize such tender proce­
dure ;                                                              2. The skimmed-milk powder shall be taken from
                                                                    the storage depots listed in the Annex hereto.
Whereas, having regard to the stocks held by the inter­
vention agencies and to the situation of the market in
skimmed-milk powder, it would seem that the quan­                                             Article 3
tity in question might be supplied to the People's
Republic of Bangladesh by the French intervention                    1.   Tenders shall be invited to determine delivery
agency ;                                                            costs incurred between removal of the goods from the
                                                                    intervention agency's storage depot and the time
Whereas it is necessary to designate the storage depots             when the presence of the goods in the hold of the
from which the quantity in question is to be taken ;                ship at port of unloading is verified, such costs not to
                                                                    include unloading costs (for example shifting,
Whereas the measures provided for in this Regulation                hoisting, reception costs) or lighterage costs.
are in accordance with the Opinion of the Manage­
ment Committee for Milk and Milk Products ;
                                                                    2. The French intervention agency shall carry out
                                                                    the procedure provided for in paragraph 1 .
HAS ADOPTED THIS REGULATION :                                       3 . The rates of, and rules governing, any demurrage
                                                                    costs at the port of destination and any dispatch
                                                                    money which shall be paid to, or by, the country of
                           Article 1                                destination , shall be specified in the contract between
                                                                    the successful tenderer and the shipper, and shall be
1.      In accordance with Regulation (EEC) No                      agreed upon in advance between the successful
2721 /72, there shall be delivered cif at Chittagong                tenderer and the reception agent in the country of
                                                                    destination .
(!) OJ No L 148 , 28 . 6 . 1968 , p . 13 .
(2) OJ No L 73 , 27 . 3 . 1972, p . 14 .                            (4) OJ No L 184, 29 . 7 . 1968 , p . 34 .
(3) OJ No L 291 , 28 . 12 . 1972, p . 28 .                           5) OJ No L 176, 30 . 6 . 1973 , p . 70 .
 ---pagebreak--- No L 215/ 36                        Official Journal of the European Communities                               3 . 8 . 73
                          Article 4                           3 . Have included in the terms of the charter-party a
1.     The French Government shall see that there are
                                                                  provision stipulating that the ship's captain shall, at
effective checks to ensure that the skimmed-milk
                                                                  least 72 hours in advance, notify the probable date
                                                                  of arrival of the ship in port ;
powder supplied is actually delivered at the destina­
tion .
                                                              4. Send to the Commission as soon as possible the
2.     It shall notify to the Commission as soon as               information specified at points 1 and 2 above.
possible the name, registered business name and
address of the firm to which the contract is awarded
and the amount of the sum referred to in Article 3 .
                                                                                       Article 6
                          Article 5
                                                              No refund or compensatory amount may be granted
The Republic of France shall :                                in respect of skimmed-milk powder delivered
1 . Notify to the recipient country, as soon as possible      pursuant to this Regulation .
    after the goods have been loaded on board ship,
    details of the ship, the loading date, the quantity
    and the quality of the goods as recorded on ship­                                  Article 7
    ment and the port of destination ;
2. At least 10 clear days in advance, inform the recip­       This Regulation shall enter into force on the day
    ient country of the expecteed date of arrival of the      following its publication in the Official Journal of
    ship at the port of destination ;                         the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 31 July 1973 .
                                                                        For the Commission
                                                                            The President
                                                                       François-Xavier ORTOLI
                                                       ANNEX
               Maison Perrigault 32, rue de Colmar                                            1 200 000 kg
               76 000   Le Havre
               Maison Jules Roy 6, place Jules-Ferry                                            400 000 kg
               76 000   Le Havre
               CGEF chez Union frigorifique havraise                                            400 000 kg
               76 000   Le Havre