CELEX: 31976D0817
Language: en
Date: 1976-10-07 00:00:00
Title: Commission Decision of 7 October 1976 on the supply, as a matter of urgency, of butteroil as food aid to the Republic of the Cape Verde Islands

No L 287/ 12                             Official Journal of the European Communities                              19 . 10 . 76
                                                   COMMISSION DECISION
                                                        of 7 October 1976
             on the supply, as a matter of urgency, of butteroil as food aid to the Republic of
                                                     the Cape Verde Islands
                                                (Only the German text is authentic)
                                                           (76/817/ EEC)
THE COMMISSION OF THE EUROPEAN                                       dance with the provisions laid down in Regulations
COMMUNITIES,                                                         (EEC) No 694/76 and (EEC) No 695/76.
Having regard to the Treaty establishing the European
Economic Community,                                                                              Article 2
Having regard to Council Regulation (EEC) No
                                                                     1.      The butter to be used in the manufacture of
804/68 of 27 June 1968 on the common organization
                                                                     butteroil shall be collected from the German interven­
of the market in milk and milk products ('), as last
amended by Regulation (EEC) No 559/76 (2), and in                    tion agency.
particular Article 6 (7) and Article 28 thereof,
                                                                     2. The butteroil shall satisfy the requirements as
Whereas Council Regulation (EEC) No 695/76 of 25                     regards quality and packing 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             the costs of manufacture and delivery of butteroil as
inter alia for the supply to the Republic of the Cape                food aid to certain developing countries and to the
Verde Islands of 100 metric tons of butteroil obtained               World Food Programme (5), as last amended by Regu­
from butter held by the intervention agencies ;                      lation (EEC) No 2212/76 (6).
whereas this country has requested the supply of the
quantity abovementioned ;                                            It shall be packed exclusively in five-kilogramme
                                                                     canisters .
Whereas Council Regulation (EEC) No 694/76 of 25
March 1976 laying down general rules for the supply
or manufacture and delivery of buttejroil as food aid to             3 . As regards the wording to be stated on the
certain developing countries and to'# the World Food                 packing, the statement specified in Chapter II (2) (b)
                                                                     of the Annex stipulated in the preceding paragraph
Programme (4) stipulates in its Article 5 that the costs
                                                                     shall be the following :
of delivery shall be determined by a tendering proce­
dure or, in the case of an emergency action, by a                    'Butteroil/Dom da Comunidade Economica Europeia
procedure of mutual agreement ;                                      a Republica de Caboverde .'
Whereas, in view of the need to provide immediate
aid, it is apparent that mutual agreement must be
                                                                                                  Article 3
sought in respect of this supply ;
Whereas the measures provided for in this Decision                    1.     Delivery shall be effected cif Sao Vincente.
are in accordance with the opinion of the Manage­
ment Committee for Milk and Milk Products,                            2.     Delivery shall take place as soon as possible and
                                                                      not later than 28 October 1976 .
 HAS ADOPTED THIS DECISION :                                          3.     Delivery cif shall be considered as completed
                                                                      when the foods are effectively removed from the hold
                                                                      of the ship at the port of unloading.
                            Article 1
A lot of 100 metric tons of butteroil shall be delivered              4. The country of destination shall bear all costs
                                                                      subsequent to delivery including unloading costs
to the Republic of the Cape Verde Islands in accor­
                                                                      (such as shifting, hoisting or reception costs) and any
(>) OJ No L 148 , 28 . 6 . 1968 , p. 13.
                                                                      lighterage costs.
(2) OJ No L 67, 15 . 3 . 1976, p. 9 .
(3 ) OJ No L 83 , 30 . 3 . 1976, p . 6 .                              (5 ) OJ No L 229 , 30 . 8 . 1975 , p. 60 .
h) OJ No L 83, 30. 3. 1976, p. 4.                                     (6 OJ No L 249 , 11 . 9 . 1976, p. 5 .
 ---pagebreak---    19 . 10 . 76                        Official Journal of the European Communities                         No L 287/ 13
  5. Any demurrage costs or dispatch money at the                        shipment, of details of the ship, the loading
  port of unloading shall be borne by or for the benefit                 date, and the quantity and quality of the goods,
  of the recipient country. The rates and other details                  as recorded on shipment ;
  concerning such costs shall be laid down in the                    (b) inform the country of destination of the
  contract between       the  successful  tenderer and   the
                                                                         expected date of arrival at the port of
  carrier and must have been previously agreed upon by                   unloading, at least 10 clear days in advance ;
  the successful tenderer acting as agent for the Commu­             (c) have included in the terms of the charter-party
  nity and the recipient agent in the country of destina­                a provision stipulating that the ship's captain
tion .
                                                                         shall, at least 72 hours in advance, notify the
  6. On cif delivery under the conditions specified in                   country of destination of the ship's probable
  paragraph 3, the country of destination shall issue an                 date of arrival in port ;
  attestation certifying that the goods were received.
                                                                 2. send to the Commission as soon as possible the
                                                                     information stipulated in paragraph 1 (a) and (b).
                             Article 4
  1 . The amount to cover the costs of delivery from                                      Article 6
  the storage depot of the intervention agency until the
  stage specified in Article 3 ( 1 ) shall be determined by      No restitution or compensatory amount (whether
  the intervention agency concerned by means of a                monetary or accession) shall be applied to the butter­
  mutual agreement procedure on the least onerous                oil supplied pursuant to this Decision .
  terms possible.
                                                                                          Article 7
  2. The intervention agency shall forward to the
  Commission forthwith a duplicate of the mutual agree­          This Decision is addressed to the Federal Republic of
  ment contract or contracts .                                   Germany.
                            Article 5
                                                                 Done at Brussels, 7 October 1976 .
  The German Government shall :
  1 . ensure that the undertaking designated by mutual                                      For the Commission
       agreement :
                                                                                               P. J. LARDINOIS
       (a) notifies the country of destination, as soon as
           possible after the goods have left the port of                                Member of the Commission