CELEX: 31976D0329
Language: en
Date: 1976-03-25 00:00:00
Title: Commission Decision of 15 March 1976 on the supply of butteroil as emergency food aid to the Lebanese Republic for the benefit of those affected by the recent events

25. 3 . 76                                  Official Journal of the European Communities                              No L 78 /25
                                                        COMMISSION DECISION
                                                              of 15 March 1976
                on the supply of butteroil as emergency food aid to the Lebanese Republic for
                                        the benefit of those affected by the recent events
                                                      (Only the French text is authentic)
                                                                 (76/329/EEC)
 THE COMMISSION OF THE EUROPEAN                                            HAS ADOPTED THIS DECISION :
 COMMUNITIES,
 Having regard to the Treaty establishing the European                                              Article 1
 Economic Community,
                                                                           In accordance with the provisions of Regulations
 Having regard to Council Regulation (EEC) No                              (EEC) No 1541 /75, (EEC) No 1542/75 and (EEC) No
 804/68 of 27 June 1968 on the common organization                         373/76, a lot of 200 metric tons of butteroil shall be
 of the market in milk and milk products ('), as last                      delivered to the Lebanese Republic.
 amended by Regulation (EEC) No 740/75 (2), and in
 particular Articles 6 (7) and 28 thereof,
                                                                                                    Article 2
 Whereas Council Regulation (EEC) No 1542/75 of 16
 June 1975 on the supply of milk fats as food aid to                       1.    The butter required for the manufacture of the
 certain developing countries and international organi­                    butteroil shall be taken from the French intervention
 zations under the 1975 food-aid programme ^),                             agency.
 provides for a reserve stock of 4 550 metric tons of
 equivalent butteroil ; whereas, according to Council
 Regulation (EEC) No 373/76 of 17 February 1976 on                         2. The butteroil shall meet the requirements as to
 the supply, as a matter of urgency, of butter or butter­                  quality and packing laid down in the Annex to
 oil to the Lebanese Republic for the benefit of those                     Commission Regulation (EEC) No 2247/75 of 29
 affected by the recent events, as food aid pursuant to                   August 1975 on the terms of invitations to tender for
 Regulation (EEC) No 1 542/75 (4), 200 metric tons of                      the costs of manufacture and delivery of butteroil as
 this reserve shall be allocated to the Lebanese Repu­                     food aid to certain developing countries and to the
blic ; whereas this country has requested the supply of                   World Food Programme (6). It shall be exclusively
 the abovementioned quantity of butteroil ;                                packed in 5 kg canisters.
Whereas Article 5 of Council Regulation (EEC) No                           3 . As regards the marking on the packaging, the
 1541 /75 of 16 June 1975 laying down general rules                       wording specified in Chapter II under 2 (b) of the
for the supply of milk fats as food aid to certain deve­                  Annex mentioned in the preceding paragraph shall be
loping countries and international organizations under                    the following :
the 1975 food-aid programme ^), stipulates that the
costs of delivery shall be determined by a tendering                      'Butteroil — Don de la Communauté économique
procedure or, in the case of an emergency action, by a                    européenne au Liban — À distribuer gratuitement.'
procedure of mutual agreement ;
                                                                                                    Article 3
Whereas, in view of the need to provide immediate
aid, it is necessary to have recourse to contracts by
mutual agreement ;                                                         1.    Delivery shall be effected cif Beirut.
Whereas the measures provided for in this Decision                        2. Shipment shall take place as soon as possible
are in accordance with the opinion of the Manage­                         and not later than 20 April 1976.
ment Committee for Milk and Milk Products,
                                                                          3 . Delivery cif shall be regarded as completed when
(!)  OJ  No  L 148 , 28 . 6 . 1968 , p . 13 .                             the goods are effectively removed from the hold of the
( 2) OJ  No  L 74, 22. 3. 1975, p. 1 .                                    ship at the port of unloading.
(})  OJ  No  L 157, 19 . 6. 1975, p. 6.
(4)  OJ  No  L 45, 21 . 2. 1976, p. 7.
(5)  OJ  No  L 157, 19 . 6. 1975, p. 4.                                   (6) OJ No L 229, 30 . 8 . 1975, p. 60.
 ---pagebreak--- No L 78/26                        Official Journal of the European Communities                            25. 3 . 76
The country of destination shall bear all costs                (a) notify the country of destination, as soon as
subsequent to delivery including unloading costs                   possible, after the goods have been loaded on
(such as shifting, hoisting or reception costs) and any            board ship, of details of the ship, the loading
lighterage costs.                                                  date, the quantity and quality of the goods as
                                                                   recorded on shipment ;
Any demurrage costs or dispatch money at the port of
unloading shall be paid by the country of destination.         (b) at least 10 clear days in advance, inform the
The rates of and rules governing such costs and                    country of destination of the expected date of
dispatch money shall be specified in the contract                  arrival at the port of unloading ;
between the agent for the Community, designated in             (c) have included in the terms of the charter party
the private contract specified in Article 4, and the               a provision stipulating that the ship's captain
shipper and shall be agreed upon in advance between                shall, at least 72 hours in advance, notify the
that agent and the reception agent in the country of               country of destination of the ship's probable
destination .                                                      date of arrival in port ;
4. On cif delivery under the terms set out in para­         2. send to the Commission as soon as possible the
graph 3 the country of destination shall hand over to          information specified in paragraph 1 (a) and (b).
the agent for the Community a certificate of taking
over.                                                                               Article 6
                        Article 4                            No refund or compensatory amount (whether mone­
                                                            tary or accession) shall be applied in respect of the
 1 . The French intervention agency shall determine         butteroil delivered pursuant to this Decision.
the costs of processing the butter into butteroil and
packaging and shipment of the butteroil by
concluding a private contract on the least onerous                                  Article 7
terms possible.
                                                            This Decision is addressed to the French Republic.
2. The intervention agency shall forward to the
Commission without delay a copy of such private
contract.
                                                             Done at Brussels, 15 March 1976.
                        Article 5
                                                                                      For the Commission
The French Government shall :
                                                                                         P.J. LARDINOIS
 1 . ensure that the agent designated in the private
     contract shall :                                                              Member of the Commission