CELEX: 31976D0397
Language: en
Date: 1976-04-06 00:00:00
Title: Commission Decision of 6 April 1976 concerning the supply of skimmed-milk powder to the International Committee of the Red Cross as emergency food aid

21 . 4. 76                            Official Journal of the European Communities                         No L 104/23
                                                COMMISSION DECISION
                                                      of 6 April 1976
              concerning        the supply of skimmed-milk powder to the International
                                Committee of the Red Cross as emergency food aid
                                      (Only the French and Dutch texts are authentic)
                                                        (76/397/EEC)
THE COMMISSION OF THE EUROPEAN                                    No 804/68 shall be delivered cif Luanda to the ICRC
COMMUNITIES,                                                      for Angola.
Having regard to the Treaty establishing the European             2. The skimmed-milk powder shall be collected
Economic Community,                                               from the Belgian intervention agency. The latter shall
                                                                 supply 2 % empty bags.
Having regard to Council Regulation (EEC) No
804/68 of 27 June 1968 on the common organization                 3 . The skimmed-milk powder shall, as regards
of the market in milk and milk products (*), as last             quality and packing, satisfy the requirements laid
amended by Regulation (EEC) No 559/76 (2), and in                down in Annex I to Commission Regulation (EEC)
particular Articles 7 (5) and 28 thereof,                         No 1108 /68 of 27 July 1968 concerning the methods
                                                                 of public storage of skimmed-milk powder (5), as last
Whereas Council Regulation (EEC) No 1827/74 of 11                amended by Regulation (EEC) No 1457/75 (6).
July 1974 on the supply of skimmed-milk powder as
food aid to certain developing countries and interna­            The packing of the skimmed-milk powder shall bear a
tional organizations (3), provides inter alia for 3 000          red cross 10 cm by 10 cm and, in letters at least 1 cm
metric tons of skimmed-milk powder to be made avail­              high, the following words :
able to the International Committee of the Red Cross
(ICRC) ; whereas the ICRC has requested the supply                Lait écrémé en poudre destiné à 1 Angola — Don de
of 170 metric tons of skimmed-milk powder for                    la Communauté économique européenne — Action
Angola ;                                                         du Comité international de la Croix-Rouge — À distri­
                                                                 buer gratuitement).'
Whereas Article 5 of Council Regulation (EEC) No
 1826/74 of 11 July 1974 laying down the general
rules for the supply of skimmed-milk powder as food                                        Article 2
aid to certain developing countries and international
organizations (4), stipulates that in the case of emer­           1 . Delivery cif shall be completed when the goods
gency actions the forwarding costs may be determined             are actually deposited on the quayside at the port of
by a procedure of mutual agreement ;                             unloading or on board a lighter as the case may be.
Whereas, in view of the need for quick aid, it is
apparent that mutual agreement must be sought in                 2. The recipient country shall bear all costs
respect of those deliveries ;                                    incurred after delivery including the costs of taking
                                                                 delivery of the goods.
Whereas the measures provided for in this Decision
are in accordance with the opinion of the Manage­                Any demurrage costs at the port of unloading attribu­
ment Committee for Milk and Milk Products,                       table to the recipient agency shall be borne by it. The
                                                                 rates and other details concerning such costs shall be
                                                                 laid down in the contract between the Community
                                                                 agent (designated by the mutual agreement contract
HAS ADOPTED THIS DECISION :                                      specified in Article 3) and the carrier and must have
                                                                 been previously agreed upon by that and the recipi­
                          Article 1
                                                                 ent's delivery agent.
1 . In accordance with Regulation (EEC) No                       3 . A delivery certificate shall be issued on delivery
1827/74, 170 metric tons of skimmed-milk powder                  by the receiving agent nominated by the recipient
                                                                 country.
bought in pursuant to Article 7 of Regulation (EEC)
(!) OJ No L 148 , 28 . 6. 1968 , p. 13 .
                                                                 4.     Embarkation shall take place as soon as possible.
I2) OJ No L 67, 15. 3. 1976, p. 9.
(3) OJ No L 190, 13. 7. 1974, p. 22.                             (5 ) OJ No L 184, 29 . 7. 1968 , p. 34.
(«) OJ No L 190, 13 . 7. 1974, p. 20 .                           (") OJ No L 145, 6. 6. 1975, p. 17.
 ---pagebreak--- No L 104/24                          Official Journal of the European Communities                             21 . 4. 76
                        Article 3                                       shall, at least 72 hours in advance, notify the
                                                                        country of destination of the ship's probable
1 . The amount to cover delivery costs from the
                                                                        date of arrival in port ;
storage depot of the intervention agency to the stage
referred to in Article 1 ( 1 ) shall be determined by the       2. send to the Commission as soon as possible the
intervention agency concerned by mutual agreement                   information specified in paragraph 1 (a) and (b).
the least onerous terms possible.
2. The intervention agency shall send immediately                                        Article 5
to the Commission a copy of the private contract or
contracts .                                                     No refund or compensatory amount (whether mone­
                                                                tary or accession) may be granted in respect of skim­
                        Article 4                               med-milk powder supplied pursuant to this Decision .
The Belgian Government :
                                                                                         Article 6
1 . shall ensure that the agent designated by the
    mutual agreement contract :                                This Decision is addressed to the Kingdom of
    (a) notify the country of destination, as soon as           Belgium .
        possible after the goods have been loaded on
        board ship, of details of the ship, the loading
        date, the quantity and quality of the goods as          Done at Brussels, 6 April 1976.
        recorded on shipment,
    (b) inform the country of destination, at least 10
        clear days before arrival at the port of                                           For the Commission
        unloading of the expected date of arrival,                                            P. J. LARDINOIS
    (c) have included in the terms of the charter-party
        a provision stipulating that the ship's captain                                 Member of the Commission