CELEX: 31977D0171
Language: en
Date: 1977-02-09 00:00:00
Title: Commission Decision of 9 February 1977 relating to the urgent supply to the Republic of Cape Verde Islands of vitaminized skimmed-milk powder to be bought on the Community market for use as food aid

No L 52/42                                  Official Journal of the European Communities                                   24. 2 . 77
                                                      COMMISSION DECISION
                                                          of 9 February 1977
                relating to the urgent supply to the Republic of Cape Verde Islands of vitami­
                nized skimmed-milk powder to be bought on the Community market for use as
                                                                food aid
                                            (Only the French and Dutch texts are authentic)
                                                              (77/ 171 / 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,
Having regard to Council Regulation ( EEC) No
804/ 68 of 27 June 1968 on the common organization                        HAS ADOPTED THIS DECISION :
of the market in milk and milk products ('), as last
amended by Regulation ( EEC) No 559 /76 ('), and in
particular Articles 7 (5) and 28 thereof,                                                                Article 1
Having regard to Council Regulation ( EEC) No
1298 /76 of 1 June 1976 laying down general rules for                      1.      In accordance with the provisions of Regulations
the supply of skimmed-milk powder as food aid to                          ( EEC) No 1298 /76 and ( EEC) No 1299/76, the
certain developing countries and international organi­                    Belgian intervention agency shall arrange delivery to
zations under the 1976 programme ^), as amended by                        the Republic of the Cape Verde Islands of one lot of
Regulation ( EEC) No 201 7/76 (4 ), and in particular                     450 tonnes of vitaminized skimmed-milk powder
Article 6 thereof,                                                        bought on the Community market, divided into the
                                                                          following :
Whereas Council Regulation ( EEC) No 1299/ 76 of 1
June 1976 on the supply of skimmed-milk powder to                         — Lot A : 225 tonnes,
certain developing countries and international organi­                    — Lot B : 225 tonnes .
zations under the 1976 food-aid programme (5 ),
provides inter alia for 450 tonnes of skimmed-milk
                                                                          2.       The skimmed-milk powder shall meet :
powder to be made available to the Republic of the
Cape Verde Islands ; whereas this country has                             — as to quality, the requirements set out in the
requested the abovementioned quantity of vitaminized                             Annex to this Decision ,
skimmed-milk powder ;                                                     — as to packaging, the requirements set out in
Whereas Regulation ( EEC) No 1298 / 76 provides in                               Annex I to Commission Regulation ( EEC) No
Article 2 ( 2) that, if the amounts of skimmed-milk                              1108 / 68 of 27 July 1968 on detailed rules for
powder in public stocks do not have the characteris­                             public storage of skimmed-milk powder (b), as last
tics necessary for their particular destination where                            amended by Regulation ( EEC) No 1 457/ 75 ( 7).
this requires, in particular, the addition of vitamins,
supply shall be ensured by the buying in of skimmed­                      3.       In addition , the supplier, designated by the
milk powder on the Community market ;                                     private contract referred to in Article 3, shall supply
                                                                          5 % empty bags identical to those containing the
Whereas Article 5 of Regulation ( EEC) No 1298 / 76                       goods . He shall undertake to have these bags
provides that, for the purpose of determining the                         mentioned on the bill of lading.
forwarding costs, in case of emergency, a private
contract may be concluded ;                                               4.       The packaging of the skimmed-milk powder
                                                                          shall bear the following inscription in letters at least
Whereas , in view of the need to provide immediate
                                                                          one centimetre high :
aid , it is apparent that mutual agreement must be
sought in respect of this supply ;                                        ' Leite desnatado em po com vitaminas A y D/ Dom da
                                                                          Conumidade economica europeia a Republica de
 ') ()| No 1 . 1 4K , 2K . 6 . I 968 , p. I V                             Cabo Verde .'
   ) O') No 1 . 67, I S. V 1976, p. 9 .
 s ) O ) No 1 . 146 , 4 . 6 . 1476 , p.
 ') OJ No 1 . 224 , 16 . X. 1976, p. I.                                   ( h ) 0 | No I. 1X4 , 29 . 7 . 1968 , p . . 14 .
 ^) OJ No I. 146, 4 . 6 . 1976, p. S.                                     (') Oj No I. I4S . 6. 6 . 1975 , p . 17 .
 ---pagebreak--- 24 . 2 . 77                         Official Journal of the European Communities                            No L 52/43
                         Article 2                            subject to the undertaking concerned lodging a secu­
                                                               rity for the skimmed-milk powder shipped in accor­
1.     Delivery shall be effected :
                                                              dance with the conditions laid down in Article 1 (2) to
— as regards Lot A : to the port of unloading of Sao          (4) and having left the geographical territory of the
     Vicente ,                                                 Community and if the undertaking furnished a surety
— as regards Lot B : to the port of unloading of Praia .      to the sum of the advance, raised by 10 % .
2.     Embarkation shall take place as soon as possible                                  Article 4
and not later than 15 March 1977.
                                                              The Belgian Government :
3.     Delivery shall be completed when the goods are
actually seized in the hold of the ship at the port of         1 . shall ensure that the agent designated by the
unloading.                                                         mutual agreement contract :
4. The recipient country shall bear all costs                      (a) notifies the recipient country as soon as
incurred after delivery including the costs of                         possible after the goods have been loaded on
unloading (e.g. unstowing, hoisting and acceptance                     board ship, of details of the ship, the loading
costs) as well as any lighter costs. Any demurrage costs               date, the quantity and quality of the goods as
or dispatch money at the port of unloading shall be                    recorded on shipment,
payable by or to the recipient country. The rates and              (b) informs the recipient country, at least 10 clear
other details concerning such costs shall be laid down                 days before arrival at the port of unloading, of
in the contract between the Community agent (desig­                    the expected date of arrival,
nated by the mutual agreement contract specified in                (c) has included in the terms of the charter-party a
Article 3) and the carrier and must have been previ­                   provision stipulating that the ship's captain
ously agreed upon by the former and the recipient                      shall , at least 72 hours in advance, notify the
country's delivery agent.                                              recipient country of the ship's probable date of
5 . A delivery certificate shall be issued on delivery                 arrival in port ;
by the receiving agent nominated by the recipient              2. shall send to the Commission as soon as possible
country .                                                          the information specified in paragraph 1 (a) and (b).
                         Article 3                                                       Article 5
1 . The amount to cover delivery costs to the port of          No refund or compensatory amount (whether mone­
unloading referred to in Article 2 ( 1 ) including the        tary or accession) may be granted in respect of skim­
insurance costs shall be determined by the interven­           med-milk powder supplied pursuant to this Decision .
tion agency concerned by mutual agreement on the
least onerous terms possible .
                                                                                         Article 6
2 . The intervention agency shall send immediately
to the Commission a copy of the private contract or           This Decision is addressed to the Kingdom of
contracts .                                                    Belgium .
3.     If, owing to circumstances beyond the control of
the undertaking responsible for the delivery the               Done at Brussels, 9 February 1977.
submission of the attestation of delivery referred to in
Article 2 ( 5) is delayed, the competent agency may                                        For the Commission
grant an advance .
                                                                                            Finn GUNDELACH
Such an advance may, however, not exceed 80 % of
the sum agreed for the delivery and shall be paid only                                         Vice-President
 ---pagebreak--- No L 52/44                          Official Journal of the European Communities                           24 . 2 . 77
                                                        ANNEX
                                           Skimmed-milk powder requirements
           (a) fat content :                                 1 -5 % 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