CELEX: 31977D0175
Language: en
Date: 1977-02-10 00:00:00
Title: Commission Decision of 10 February 1977 relating to the urgent supply to the League of Red Cross Societies of vitaminized skimmed-milk powder to be bought on the Community market, for use as food aid for Mauritania

2. 3 . 77                              Official Journal of the European Communities                            No L 57 / 13
                                                  COMMISSION DECISION
                                                      of 10 February 1977
             relating to the urgent supply to the League of Red Cross Societies of vitaminized
             skimmed-milk powder to be bought on the Community market, for use as food
                                                       aid for Mauritania
                                               (Only the German text is authentic)
                                                          (77/ 175/ EEC)
THE COMMISSION OF THE EUROPEAN                                       Whereas in view of the need to provide immediate
COMMUNITIES,                                                         aid, it is apparent that mutual agreement must be
                                                                     sought in respect of this supply ;
Having regard to the Treaty establishing the European
Economic Community,                                                  Whereas the measures provided for in this Decision
                                                                     are in accordance with the opinion of the Manage­
                                                                     ment Committee for Milk and Milk Products,
Having regard to Council Regulation (EEC) No
804/68 of 27 June 1968 on the common organization
of the market in milk and milk products ('), as last
amended by Regulation (EEC) No 559/76 (2), and in                    HAS ADOPTED THIS DECISION :
particular Articles 7 (5) and 28 thereof,
Having regard to Council Regulation ( EEC) No                                                  Article 1
1298 /76 of 1 June 1976 laying down general rules for
the supply of skimmed-milk powder as food aid to                      1 . In accordance with the provisions of Regulations
certain developing countries and international organi­               (EEC) No 1298/76 and (EEC) No 1299/76, the
zations under the 1976 programme (3), as amended by                  German intervention agency shall arrange delivery to
Regulation (EEC) No 201 7/76 (4), and in particular                  the RCS League of one lot of 500 tonnes of vitami­
Article 6 thereof,
                                                                     nized skimmed-milk powder bought on the Commu­
                                                                     nity market, for Mauritania.
Whereas Council Regulation (EEC) No 1299/76 of 1
June 1976 on the supply of skimmed-milk powder to                    2.     The skimmed-milk powder shall meet :
certain developing countries and international organi­
zations under the 1976 food-aid programme (5),                       — as to quality, the requirements set out in the
provides inter alia for 1 000 tonnes of skimmed-milk                      Annex to this Decision,
powder to be made available to the League of Red                     — as to packaging, the requirements set out in
Cross Societies (RCS League) ; whereas the RCS                            Annex I to Commission Regulation ( EEC) No
League has requested 500 tonnes of vitaminized skim­                       1108 /68 of 27 July 1968 on detailed rules for
med-milk powder for Mauritania ;                                          public storage of skimmed-milk powder (6), as last
                                                                          amended by Regulation ( EEC) No 1457/75 (7).
Whereas Regulation ( EEC) No 1298 /76 provides in
Article 2 (2) that, if the amounts of skimmed-milk                   3 . In addition , the supplier designated by the
powder in public stocks do not have the characteris­                 private contract referred to in Article 3, shall supply
tics necessary for their particular destination where                5 % empty bags identical to those containing the
this requires, in particular, the addition of vitamins,              goods . He shall undertake to have these bags
supply shall be ensured by the buying in of skimmed­                 mentioned on the bill of lading.
milk powder on the Community market ;
                                                                     4. The packaging of the skimmed-milk powder
Whereas Article 5 of Regulation ( EEC) No 1298/76                    shall bear a red cross and the following inscription in
provides that, for the purpose of determining the for­               letters at least one centimetre high :
warding costs in case of emergency, a private contract               ' Lait écrémé en poudre vitaminé / Don de la Commu­
may be concluded ;
                                                                     nauté économique européenne / Action de la Ligue
(')  OJ No L 148 , 28 . 6 . 1968 , p. 13.
                                                                     des sociétés de la Croix Rouge / À distribuer gratuite­
                                                                     ment'.
(2)  OJ No L 67, 1.5. 3 . 1976, p. 9 .
(3 ) OJ No L 146, 4. 6 . 1976 , p. 3 .
(«)  OJ No L 224, 16 . 8 . 1976 , 1 .                                (6) OJ No L 184, 29 . 7 . 1968 , p. 34.
(5)  OJ No L 146, 4. 6 . 1976, p. .5 .                               (7) OJ No L 145, 6. 6. 1975, p. 17.
 ---pagebreak--- No L 57/ 14                       Official Journal of the European Communities                                2 . 3 . 77
                        Article 2                            rity for the skimmed-milk powder shipped in accor­
                                                            dance with the conditions laid down in Article 1 (2) to
1.    Delivery shall be effected to the port of
                                                            (4) and having left the geographical territory of the
unloading of Nouakchott.
                                                             Community and if the undertaking furnished a surety
2.    Embarkation shall take place as soon as possible       to the sum of the advance, raised by 10 % .
and on 15 March 1977 at the latest.
                                                                                      Article 4
3. Delivery cif shall be completed when the goods
are actually deposited on the quayside at the port of       The German Government :
unloading or on board a lighter as the case may be.
                                                             1 . shall ensure that the agent designated by the
4. The recipient shall bear all costs incurred after             mutual agreement contract :
delivery including the costs of taking delivery of the           (a) notifies the recipient organization , as soon as
goods.                                                               possible after the goods have been loaded on
Any demurrage costs at the port of unloading attribu­                board ship, of details of the ship, the loading
table to the recipient agency shall be borne by it. The              date, the quantity and quality of the goods as
rates and other details concerning such costs shall be               recorded on shipment,
laid down in the contract between the Community                  (b) informs the recipient organization , at least 10
agent (designated by the mutual agreement contract                   clear days before arrival at the port of
specified in Article 3) and the carrier and must have                unloading of the expected date of arrival,
been previously agreed upon by the former and the                (c) has included in the terms of the charter-party a
recipient's delivery agent.                                          provision stipulating that the ship's captain
5. On delivery at the port of unloading under the                    shall, at least 72 hours in advance, notify the
conditions laid down in paragraph 3 , the recipient                  recipient organization of the ship's probable
shall issue an attestation certifying receipt of the                 date of arrival in port ;
goods.                                                      2. send to the Commission as soon as possible the
                                                                 information specified in 1 (a) and (b).
                        Article 3
                                                                                      Article 5
1 . The amount to cover delivery costs to the port of
unloading referred to in Article 2 ( 1 ) including the      No refund or compensatory amount (whether mone­
insurance costs shall be determined by the interven­        tary or accession) may be granted in respect of skim­
tion agency concerned by mutual agreement on the            med-milk powder supplied pursuant to this Decision .
least onerous terms possible.
2. The intervention agency shall send immediately                                     Article 6
to the Commission a copy of the private contract or
contracts .                                                 This Decision is addressed to the Federal Republic of
                                                            Germany.
3.    If, owing to circumstances beyond the control of
the undertaking responsible for the delivery, the
submission of the attestation of delivery referred to in    Done at Brussels, 10 February 1977.
Article 2 (5) is delayed, the competent agency may
grant an advance.                                                                       For the Commission
Such an advance may, however, not exceed 80 % of                                         Finn GUNDELACH
the sum agreed for the delivery and shall be paid only
subject to the undertaking concerned lodging a secu­                                        Vice-President
 ---pagebreak--- 2 . 3 . 77                          Official Journal of the European Communities                           No L 57/ 15
                                                        ANNEX
                                           Skimmed-milk powder requirements
           (a) fat content :                                 1 -5 /o maximum
           (b) water content :                               4 0 % maximum
           (c) total acidity in lactic acid :                015% maximum ( 18° Dornic)
           (d) test for neutralization agents                negative
           (e) authorized additives :                        none
           (f) phosphatase test :                            negative
           (g) solubility :                                  0-5 ml maximum (99 % minimum )
           (h) degree of purity :                            disc B ( 15 0 mg minimum )
           ( i) germ content :                               50 000 per g maximum
           ( k) colon bacillus titer :                       negative in 01 g
           (1) taste and smell :                             clean
           (m ) appearance :                                 white or slightly yellowish colour, free from
                                                             impurities or coloured particles
           (n ) vitamin content :
                (aa) vitamin A :                             5 000 i.u . per 100 g minimum
                (bb) vitamin D :                             500 i.u . per 100 g minimum