CELEX: 31976D0328
Language: en
Date: 1976-03-15 00:00:00
Title: Commission Decision of 15 March 1976 on the supply of skimmed-milk powder as emergency food aid to the Lebanese Republic for the benefit of those affected by the recent events

25 . 3 . 76                             Official Journal of the European Communities                          No L 78 / 23
                                                  COMMISSION DECISION
                                                        of 15 March 1976
               on the supply of skimmed-milk powder as emergency food aid to the Lebanese
                          Republic for the benefit of those affected by the recent events
                                                (Only the French text is authentic)
                                                           (76/328/EEC)
THE COMMISSION OF THE EUROPEAN                                      Whereas the measures provided for in this Decision
COMMUNITIES,                                                        are in accordance with the opinion of the Manage­
                                                                    ment Committee for Milk and Milk Products,
Having regard to the Treaty establishing the European
Economic Community,
                                                                    HAS ADOPTED THIS DECISION :
Having regard to Council Regulation (EEC) No
804/68 of 27 June 1968 on the common organization                                            Article 1
of the market in milk and milk products (x), as last
amended by Regulation (EEC) No 740/75 (2), and in                    In accordance with the provisions of Regulations
particular Articles 7 (5) and 28 thereof,                           (EEC) No 1347/75, (EEC) No 1348/75 and (EEC) No
                                                                    372/76, a lot of 250 metric tons of skimmed-milk
                                                                    powder shall be delivered to the Lebanese Republic.
Whereas Council Regulation (EEC) No 1348/75 of 26
May 1975 on the supply of skimmed-milk powder as
food aid to certain developing countries and interna­                                        Article 2
tional organizations under the 1975 programme (3),
provides for a reserve stock of 3 800 metric tons of                 1 . The skimmed-milk powder shall be collected
skimmed-milk powder ; whereas, in accordance with                    from the French intervention agency.
Council Regulation (EEC) No 372/76 of 17 February
 1976 on the supply, as a matter of urgency, of skim­               2. The skimmed-milk powder shall meet the
med-milk powder to the Lebanese Republic for the                    requirements as to quality and packing laid down in
benefit of those affected by the recent events, as food             Annex I to Commission Regulation (EEC) No
aid pursuant to Regulation (EEC) No 1 348/75 (4), 250                1108/68 of 27 July 1968 on detailed rules of applica­
metric tons of skimmed-millc powder to be taken                      tion for public storage of skimmed-milk powder (6), as
from this reserve shall be allocated to the Lebanese
                                                                    last amended by Regulation (EEC) No 1457/75 (7).
Republic ; whereas this country has requested the
delivery of the abovementioned quantity ;                           The packing of the skimmed-milk powder shall be
                                                                     marked in letters at least 1 cm high with the words :
Whereas Article 5 of Council Regulation (EEC) No                    ' Lait écreme en poudre — Don de la Communauté
 1347/75 of 26 May 1975 laying down general rules for               économique européenne au Liban — À distribuer grat­
the supply of skimmed-milk powder as food aid to                    uitement.'
certain developing countries and international organi­
zations under the 1975 programme ^), stipulates that
the costs of delivery shall be determined by a                                               Article 3
tendering procedure or, in the case of an emergency
action, by a procedure of mutual agreement ;                         1.    Delivery shall be cif Beirut.
                                                                     2. Shipment shall take place as soon as possible
Whereas in view of the need to provide immediate                    and not later than 10 April 1976.
aid, it is necessary to have recourse to contracts by
mutual agreement ;                                                  3. Delivery cif shall be regarded as completed when
                                                                    the goods are effectively removed from the hold of the
(1) OJ   No L 148, 28 . 6. 1968 , p. 13 .                           ship at the port of unloading.
(2) OJ   No L 74, 22. 3 . 1975, p. 1 .
(3) OJ   No L 138, 29 . 5. 1975, p. 3.
(4) OJ   No L 45, 21 . 2. 1976, p. 6.                               (<>) OJ No L 184, 29. 7. 1968, p. 34.
(5) OJ   No L 138, 29 . 5. 1975, p. 1 .                             (7) OJ No L 145, 6. 6. 1975, p. 17.
 ---pagebreak--- No L 78 /24                       Official Journal of the European Communities                            25. 3 . 76
The country of destination shall bear all costs                 (a) notify the country of destination, as soon as
subsequent to delivery including unloading costs                    possible, after the goods have been loaded on
(such as shifting, hoisting or reception costs) and any             board ship, of details of the ship, the loading
lighterage costs.                                                   date, the quantity and quality of the goods as
                                                                    recorded on shipment ;
Any demurrage costs or dispatch money at the port of
unloading shall be paid or received by the country of           (b) at least 10 clear days in advance, inform the
destination. The rates of and rules governing such                  country of destination of the expected date of
costs and dispatch money shall be specified in the                  arrival at the port of unloading ;
contract between the agent for the Community, desig­            (c) have included in the terms of the charter party
nated in the private contract specified in Article 4,               a provision stipulating that the ship's captain
and the shipper, and shall be agreed upon in advance                shall, at least 72 hours in advance, notify the
between that agent and the reception agent in the                   country of destination of the ship's probable
country of destination.                                             date of arrival in port ;
4. On cif delivery under the terms set out in para­          2. send to the Commission as soon as possible the
graph 3 the country of destination shall hand over to           information specified in paragraph 1 (a) and (b).
the agent for the Community a certificate of taking
over .
                                                                                     Article 6
                        Article 4                            No refund or compensatory amount (whether mone­
                                                             tary or accession) shall be applied to the skimmed­
 1 . The French intervention agency shall determine          milk powder delivered pursuant to this Decision .
the costs of transporting the skimmed-milk powder
by concluding a private contract on the least onerous                                Article 7
 terms possible.
 2. The intervention agency shall forward to the             This Decision is addressed to the French Republic.
 Commission without delay a copy of such private
 contract.
                                                             Done at Brussels, 15 March 1976 .
                        Article 5
                                                                                       For the Commission
The French Government shall :
                                                                                          P.J. LARDINOIS
 1 . ensure that the agent designated in the private
     contract shall :                                                               Member of the Commission