CELEX: 31976D0968
Language: en
Date: 1976-12-07 00:00:00
Title: Commission Decision of 7 December 1976 relating to the urgent supply to Tanzania of vitaminized skimmed-milk powder to be bought on the Community market, for use as food aid

31 . 12. 76                           Official Journal of the European Communities                            No L 364/ 67
                                                 COMMISSION DECISION
                                                      of 7 December 1976
              relating to the urgent supply to Tanzania of vitaminized skimmed-milk powder to be
                                  bought on the Community market, for use as food aid
                                         (Only the French and Dutch texts are authentic)
                                                          (76/968 /EEC )
THE COMMISSION OF THE EUROPEAN                                      powder in public stocks do not have the
COMMUNITIES ,                                                       characteristics necessary for their particular
                                                                    destination where this requires, in particular, the
Having regard to the Treaty establishing the                        addition of vitamins, supply shall be ensured by the
European Economic Community,                                        buying-in of skimmed-milk powder on the
                                                                    Community market ;
Having regard to Council Regulation (EEC) No
804/68 of 27 June 1968 on the common organization                   Whereas Article 5 of Regulation (EEC) No 1298/76
of the market in milk and milk products (*), as last                provides that, for the purpose of determining the
amended by Regulation (EEC) No 559/76 ( 2 ), and in                 forwarding costs, in case of emergency, a private
particular Articles 7 (5 ) and 28 thereof,                          contract may be concluded ;
Having regard to Council Regulation (EEC) No                        Whereas, in view of the need to provide immediate
 1298/76 of 1 June 1976 laying down general rules for               aid, it is apparent that mutual agreement must be
the supply of skimmed-milk powder as food aid to                    sought in respect of this supply ;
certain developing countries and international
organizations under the 1976 programme (3), as
amended by Regulation (EEC) No 2017/76 (4 ), and                    Whereas the measures provided for in this Decision
in particular Article 6 thereof,                                    are in accordance with the opinion of the
                                                                    Management Committee for Milk and Milk Products,
Whereas Council Regulation (EEC) No 1299/76 of
 1 June 1976 on the supply of skimmed-milk powder                   HAS ADOPTED THIS DECISION :
 as food aid to certain developing countries and
 international organizations under the                   1976
programme (5) provides inter alia for 350 metric tons                                      Article 1
of skimmed-milk powder to be made available to
Tanzania ; whereas Council Regulation (EEC) No
 2018/76 of 27 July 1976 on the complementary                       1.     In accordance with the provisions of Regulations
 supply of skimmed-milk powder to certain                           ( EEC) No 1298 /76, ( EEC) No 1299/76 and (EEC)
 developing countries, international organizations and              No 2018 /76, the Belgian intervention agency shall
 non-governmental organizations under the 1976                      arrange delivery of one lot of 400 metric tons of
 food-aid programme (6) provides inter alia for 1 000               vitaminized skimmed-milk powder bought on the
 metric tons of skimmed-milk powder to be made                      Community market for Tanzania .
 available to Tanzania ; whereas this country has
 requested 400 metric tons of vitaminized skimmed­                  2.     The skimmed-milk powder shall meet :
 milk powder of which 50 metric tons shall be
 delivered in accordance with Regulation (EEC) No
                                                                    — as to quality, the requirements set out in the
 2018 /76 ;
                                                                         Annex to this Decision,
 Whereas Regulation ( EEC) No 1298 /76 provides in
 Article 2 (2) that, if the amounts of skimmed-milk                 — as to packaging, the requirements set out in
                                                                         Annex I to Commission Regulation (EEC) No
 H    OJ No L 148, 28 . 6. 1968, p. 13 .                                 1108/68 of 27 July 1968 on detailed rules for
 (2)  OJ No L 67, 15 .  3 . 1976, p . 9 .                                public storage of skimmed-milk powder (7), as
 (3 ) OJ No L 146, 4.   6. 1976, p . 3 .                                 last amended by Regulation (EEC) No 1457/75 (8).
 (4)  OJ No L 224, 16.   8. 1976, p. 1 .
 (5)  OJ No L 146, 4.   6. 1976, p. 5 .                              H OJ No L 184, 29. 7. 1968, p . 34.
 (6)  OJ No L 224, 16.   8. 1976, p. 2.                              H OJ No L 145 , 6. 6. 1975, p. 17.
 ---pagebreak--- No L 364/68                              Official Journal of the European Communities                              31 . 12 . 76
3 . In addition the supplier, designated by the                                               Article 3
private contract referred to in Article 3 , shall supply
5 °/o empty bags identical to those containing the                    1.    The Belgian intervention agency shall determine
goods .                                                               the forwarding costs of the vitaminized skimmed-milk
                                                                      powder by concluding a private contract on the least
4. The packaging of the skimmed-milk powder                           onerous terms possible.
shall bear the following inscription in letters at least
1 cm high :                                                           2 . The intervention agency shall forward to the
                                                                      Commission without delay a copy of such contract .
'Skimmed-milk powder enriched with vitamins A
and D / Gift of the European Economic Community
to Tanzania / For free distribution .'                                                        Article 4
                                                                      No refund or compensatory amount (whether
                                                                      monetary or accession) shall be granted in respect of
                             Article 2                                the skimmed-milk powder delivered pursuant to this
                                                                      Decision .
 1 . Delivery shall be made to a port to be
designated in the tender, chosen from among ports
in the Community accessible for ocean-going ships                                             Article 5
having a regular service with the recipient country.
                                                                      This Decision is addressed to the Kingdom of Belgium .
2.    Delivery at the port of embarkation shall take
place on a date to be fixed by the Belgian intervention
agency and which must be later than 16 and earlier                    Done at Brussels, 7 December 1976 .
than 31 January 1977.
3 . The goods shall be considered as delivered when                                             For the Commission
they are actually deposited at the place of export at                                              P. J. LARDINOIS
a point designated by the recipient country or its
agent.                                                                                     Member of the Commission
                                                             ANNEX
                                                Skimmed-milk powder requirements
              ( a) fat content:                                   1-5 °/o maximum
             (b ) water content:                                 4-0 °/o maximum
             (c) total acidity in lactic acid:                   0-15 %> maximum ( 18° Dornic)
              (d) test for neutralization agents :               negative
              (e) authorized additives :                          none
             (f) phosphatase test:                               negative
              (g) solubility:                                    0-5 °/o ml maximum (99 °/o 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 0-1 g
              (1 ) taste and smell :                             clean
             ( m) appearance :                                   white or slightly yellowish colour, free from
                                                                  impurities or coloured particles
              (n) vitamin enrichment:
                   ( aa) vitamin A :                             5 000 l.u . per 100 g
                    (bb ) vitamin D :                             500 i.u . per 100 g.