CELEX: 31975D0571
Language: en
Date: 1975-09-08 00:00:00
Title: Commission Decision of 8 September 1975 on the supply of skimmed-milk powder as emergency food aid to Somalia

25. 9 . 75                              Official Journal of the European Communities                           No L 249/31
                                                   COMMISSION DECISION
                                                       of 8 September 1975
                 on the supply of skimmed-milk powder as emergency food aid to Somalia
                                                 (Only the French text is authentic)
                                                           (75/571 /EEC)
 THE COMMISSION OF THE EUROPEAN                                       Regulation (EEC) No 804/68 shall be supplied to
 COMMUNITIES,                                                         Somalia as a matter of urgency.
 Having regard to the Treaty establishing the European                2. The skimmed-milk powder shall be obtained
 Economic Community ;                                                 from the French intervention agency.
 Having regard to Council Regulation (EEC) No                         3 . The skimmed-milk powder shall comply, as
 804/68 (') of 27 June 1968 on the common organiza­                   regards quality and packaging, with the conditions
 tion of the market in milk and milk products, as last                laid down in Annex I to Commission Regulation
amended by Regulation (EEC) No 740/75 (2), and in                    (EEC) No 1 108/68 (4) of 27 July 1968 on detailed
 particular Articles 7 (5) and 28 thereof ;                           rules of application for public storage of skimmed­
                                                                      milk powder, as last amended by Regulation (EEC)
Whereas Council Regulation (EEC) No 713/75 (3) of                     No 1457/75 (5).
 18 March 1975 laying down general rules for the
supply of skimmed-milk powder as food aid to                         The packaging of the skimmed-milk powder shall
Somalia provides for a reserve stock of 2 000 metric                 bear the following words in letters at least i cm high :
tons of skimmed-milk powder to be supplied to that                   'Skimmed-milk powder/Gift of the European
country according to its needs ; whereas Somalia has                  Economic Community to the Somali Democratic
requested that 500 metric tons of skimmed-milk                       Republic/to be distributed free of charge.'
powder be supplied as a matter of urgency ;
Whereas Article 5 of Regulation (EEC) No 713/75
                                                                                               Article 2
lays down that procedures other than the tendering
procedure may be adopted to determine the transport
costs ;                                                               1.    Delivery shall be made cif Mogadishu, Somalia.
Whereas, in view of the need to supply aid rapidly, it                Delivery cif shall be deemed to take place when the
is necessary in this case to use a mutual agreement                  goods are actually set down on the quayside in the
procedure ;                                                          port of unloading or on lighters where the latter
                                                                     method is used .
Whereas the measures provided for in this Decision
are in accordance with the Opinion of the Manage­                    2. The country of destination shall bear all costs
ment Committee for Milk and Milk Products,
                                                                     after delivery, including acceptance costs .
                                                                     Any demurrage at the port of unloading due to delays
                                                                     for which the country of destination is responsible
HAS ADOPTED THIS DECISION :
                                                                     shall be on charge to that country. The rates and
                                                                     conditions of such demurrage to be laid down in the
                                                                     contract between the Community's agent (designated
                           Article 1                                 in the mutual agreement contract referred to in
                                                                     Article 3) and the carrier must be agreed in advance
                                                                     between the said agent and the receiving agent of the
 1 . In accordance with the provisions of Regulation                 country of destination .
(EEC) No 713/75, a quantity of 500 metric tons of
skimmed-milk powder which has been the subject of
the intervention measures referred to in Article 7 of                3 . Shipment shall take place as soon as possible
                                                                     and not later than 20 September 1975.
(>) OJ No L 148 , 28 . 6 . 1968 , p. 13.
(2) OJ No L 74, 22. 3 . 1975, p. 1 .                                 (4) OJ No L 184, 29 . 7. 1968 , p . 34 .
P ) OJ No L 71 , 20 . 3 . 1975, p. 4.                                 5 ) OJ No L 145, 6. 6 . 1975, p . 17 .
 ---pagebreak---  No L 249/32                        Official Journal of the European Communities                            25. 9 . 75
                         Article 3                            (c) has inserted in the charter-party a clause obliging
                                                                  the captain to give the country of destination at
 1 . The amount to cover the costs of delivery from               least 72 hours' notice of the probable date of
 the warehouse of the intervention agency to the stage            arrival of the vessel in port ;
 referred to in Article 2(1 ) shall be determined by the
 intervention agency concerned by means of a mutual           2.    shall communicate to the Commission as soon
 agreement procedure on the least onerous terms               as possible the information referred to in ( l)(a)
 possible .                                                   and (b).
 2. The intervention agency shall forward to the
 Commission forthwith a duplicate of the mutual agree­                                Article 5
 ment contract or contracts .
                                                               No refund or compensatory amount (monetary or
                         Article 4                            accession) shall be paid in respect of the skimmed­
                                                              milk powder referred to in this Decision.
 The French Government :
 1.     shall ensure that the firm awarded the mutual                                 Article 6
.agreement contract :
                                                              This Decision is addressed to the French Republic.
 (a) notifies the country of destination as soon as
     possible after the goods have been loaded of the
     name of the vessel, the date of loading, the quan­        Done at Brussels, 8 September 1975.
     tity and quality of the goods as recorded at the
     time of loading, the port of unloading and the
     daily rate of unloading in that port ;                                              For the Commission
 (b) informs the country of destination of the antici­                                     P.J. LARDINOIS
     pated date of arrival in the port of unloading at
     least 10 days before that date ;                                               Member of the Commission