CELEX: 31977D0174
Language: en
Date: 1977-02-10 00:00:00
Title: Commission Decision of 10 February 1977 on the supply, as a matter of urgency, of butteroil as food aid to the League of Red Cross Societies, for Mauritania

2 . 3 . 77                                  Official Journal of the European Communities                               No L 57/ 11
                                                      COMMISSION DECISION
                                                          of 10 February 1977
              on the supply, as a matter of urgency, of butteroil as food aid to the League of
                                                 Red Cross Societies , for Mauritania
                                                   (Only the German text is authentic)
                                                              (77/ 174/ EEC)
THE COMMISSION OF THE EUROPEAN                                           provisions laid down in Regulations (EEC) No 694/76
COMMUNITIES,                                                             and (EEC) No 695/76.
Having regard to the Treaty establishing the European
Economic Community,
                                                                                                    Article 2
Having regard to Council Regulation (EEC) No
804/68 of 27 June 1968 on the common organization                         1.    The butter to be used in the manufacture of
of the market in milk and milk products ('), as last                     butteroil shall be collected from the German interven­
amended by Regulation ( EEC) No 559 /76 (2), and in                      tion agency.
particular Articles 6 (7) and 28 thereof,
                                                                         2. The butteroil shall satisfy the requirements as
Whereas Council Regulation (EEC) No 695/76 of 25
                                                                         regards quality and packaging laid down in the Annex
March 1976 on the supply of milk fats under the 1976
                                                                         to Commission Regulation (EEC) No 2247/75 of 29
food-aid programme to certain developing countries
                                                                         August 1975 on the terms of invitations to tender for
and to certain international organizations (3), provides
 inter alia for 500 tonnes of butteroil to be made avail­                the costs of manufacture and delivery of butteroil as
                                                                         food aid to certain developing countries and to the
able to the League of Red Cross Societies (RCS
                                                                         World Food Programme (5 ), as last amended by Regu­
League) ; whereas the RCS League has made a request
                                                                         lation (EEC) No 2212/76 (6).
for a delivery of this quantity to Mauritania ;
Whereas Council Regulation ( EEC) No 694/76 of 25                        It shall be packed exclusively in five-kilogram canis­
March 1976 laying down general rules for the supply                      ters .
of milk fats under the 1976 food-aid programme to
certain developing countries and to certain interna­                     3 . The packing referred to in Chapter II (2) (b) of
tional organizations (4), stipulates in Article 5 thereof                the Annex stipulated in the preceding paragraph shall
that the costs of delivery shall be determined by a                      bear in letters at least one centimetre high the
tendering procedure, or, in the case of an emergency                     following wording :
action , by a procedure of mutual agreement ;
                                                                         ' Butter oil/ Don de la Communauté économique euro­
Whereas, in view of the need to provide immediate                        péenne/Action de la Ligue des sociétés de la Croix
aid , it is apparent that mutual agreement must be                       Rouge/À distribuer gratuitement'.
sought in respect of this supply ;
Whereas the measures provided for in this Decision
are in accordance with the opinion of the Manage­                                                   Article 3
ment Committee for Milk and Milk Products ,
                                                                          1.    Delivery shail be effected to the port of
                                                                         unloading of Nouakchott.
HAS ADOPTED THIS DECISION :
                                                                         2.     Loading shall take place as soon as possible and
                                                                         not later than 15 March 1977 .
                              Article 1
A lot of 500 tonnes of butteroil shall be delivered to                   3.     Delivery to the port   of unloading shall be consid­
the RCS League for Mauritania in accordance with the                     ered as completed when        the goods are actually depo­
                                                                         sited on the quayside at      the port of unloading or on
(')  OJ  No L 148 , 28 . 6'. 1968 , p . 13.                              lighters where the latter     method is used .
(')  OJ  No L 67, 15 . 3 . 1976, p . 9 .
(■>) OJ  No L 83 , 30 . 3 . 1976, p . 6 .                                0 ) OJ No L 229 , 30 . 8 . 1975 , p . 60 .
(4 ) OJ  No L 8 .?, 30 . 3 . 1976 , p . 4 .                              (*) OJ No L 249 , 11.9 . 1976, p . 5 .
 ---pagebreak--- No L 57/ 12                          Official Journal of the European Communities                               2 . 3 . 77
4. The recipient organization shall bear all costs                 (a) notifies the recipient organization, as soon as
subsequent to delivery including acceptance costs.                      possible after the goods have been put on
                                                                        board, of details of the ship, the loading date,
5 . Any demurrage costs at the port of unloading                        and the quantity and quality of the goods, as
due to delays for which the recipient organization is                   recorded on shipment ;
responsible shall be borne by it .
                                                                   (b) informs the recipient organization of the
The rates and conditions of such demurrage, laid                        expected date of arrival at the port of
down in the contract between the Community agent                        unloading, at least 10 clear days in advance ;
(designated in the private contract specified in Article           (c) has included in the terms of the charter-party a
4) and the carrier, must be agreed in advance between                   provision stipulating that the ship's captain
the agent and the receiving agent of the recipient                      shall, at least 72 hours in advance, notify the
organization .                                                          recipient organization of the ship's probable
6.     On delivery to the port of unloading under the                   date of arrival in port ;
conditions specified in paragraph 3, the recipient              2. send to the Commission as soon as possible the
organization shall issue an attestation certifying that             information specified in paragraph 1 (a) and (b).
the goods were received .
                                                                                         Article 6
                        Article 4
                                                                No refund or compensatory amount (whether mone­
 1 . The amount to cover the costs of delivery from
                                                                tary or accession) shall be applied to the butteroil
the storage depot of the intervention agency until the          supplied pursuant to this Decision .
stage specified in Article 3 ( 1 ) shall be determined by
the intervention agency concerned by means of a
                                                                                         Article 7
mutual agreement procedure on the least onerous
terms possible .                                               This Decision is addressed to the Federal Republic of
2. The intervention agency shall forward to the                 Germany.
Commission forthwith a duplicate of the mutual agree­
ment contract or contracts .
                                                                Done at Brussels, 10 February 1977.
                        Article 5
                                                                                           For the Commission
The German Government shall :
                                                                                            Finn GUNDELACH
 1 . ensure that the agent designated by mutual agree­
     ment :                                                                                    Vice-President