CELEX: 31977D0247
Language: en
Date: 1977-03-18 00:00:00
Title: Commission Decision of 18 March 1977 relating to the urgent supply to the International Committee of the Red Cross of vitaminized skimmed-milk powder to be bought on the Community market, for use as food aid for Thailand

No L 77/ 50                              Official Journal of the European Communities                               25. 3 . 77
                                                     COMMISSION DECISION
                                                          of 18 March 1977
               relating to the urgent supply to the International Committee of the Red Cross of
               vitaminized skimmed-milk powder to be bought on the Community market, for
                                                    use as food aid for Thailand
                                                  (Only the German text is authentic)
                                                             (77/247/ EEC)
 THE COMMISSION OF THE EUROPEAN                                         Whereas the measures provided for in this Decision
 COMMUNITIES,                                                           are in accordance with the opinion of the Manage­
                                                                        ment Committee for Milk and Milk Products,
 Having regard to the Treaty establishing the European
  Economic Community,
 Having regard to Council Regulation (EEC) No
 804/68 of 27 June 1968 on the common organization                      HAS ADOPTED THIS DECISION :
 of the market in milk and milk products ('), as last
 amended by Regulation (EEC) No 559/76 (2), and in
 particular Articles 7 (5) and 28 thereof,
                                                                                                  Article 1
 Having regard to Council Regulation (EEC) No
  1298 /76 of 1 June 1976 laying down general rules for
 the supply of skimmed-milk powder as food aid to                        1.    In accordance with the provisions of Regulations
 certain developing countries and international organi­                 (EEC) No 1298 /76 and (EEC) No 2018/76, the
 zations under the 1976 programme (3), as amended by                    German intervention agency shall arrange delivery to
                                                                        the ICRC of one lot of 50 tonnes of vitaminized skim­
 Regulation (EEC) No 201 7/76 (4), and in particular
 Article 6 thereof,                                                     med-milk powder bought on the Community market
                                                                        for Thailand .
 Whereas Council Regulation (EEC) No 2018 /76 of 27
 July 1976 on the additional supply of skimmed-milk                     2.     The skimmed-milk powder shall meet :
 powder as food aid to certain developing countries,
 international organizations and non-governmental                      — as to quality, the requirements set out in the
 organizations under the 1976 programme (5), provides                        Annex to this Decision,
 inter alia for 1 500 tonnes of skimmed-milk powder
 to be made available to the International Committee                   — as to packaging, the requirements set out in
 of the Red Cross ; whereas the ICRC has requested 50                        Annex I to Commission Regulation (EEC) No
 tonnes of vitaminized skimmed-milk powder for Thai­                         1108/68 of 27 July 1968 on detailed rules for
 land ;                                                                      public storage of skimmed-milk powder (6), as last
                                                                             amended by Regulation (EEC) No 1457/75 (7).
 Whereas Regulation ( EEC) No 1298 /76 provides in
 Article 2 (2) that, if the amounts of skimmed-milk
                                                                        3 . In addition the supplier, designated by the
 powder in public stocks do not have the characteris­                   private contract referred to in Article 3, shall supply
 tics necessary for their particular destination where
 this requires, in particular, the addition of vitamins,
                                                                        5 % empty bags identical to those containing the
                                                                       goods. He shall undertake to have these bags
 supply shall be ensured by the buying-in of skimmed­                   mentioned on the bill of lading.
 milk powder on the Community market ;
 Whereas Article 5 of Regulation (EEC) No 1298/76                      4. The packaging of the skimmed-milk powder
 provides that, for the purpose of determining the                     shall bear a red cross of 10 cm by 10 cm and the
 forwarding costs, in case of emergency, a private                     following inscription in letters at least one centimetre
contract may be concluded ;                                            high :
Whereas, in view of the need to provide immediate                      'Skimmed-milk powder containing vitamins 'A' (5 000
aid, it is apparent that mutual agreement must be                      IU/ 100 g) and 'D' (500 IU/ 100 g) / Gift of the Euro­
sought in respect of this supply ;                                     pean Economic Community / Action of the Interna­
                                                                       tional Committee of the Red Cross / For free distribu­
(') OJ  No  L 148 , 28 . 6 . 1968 , p. 13,                             tion .'
(2) OJ  No  L 67, 15 . 3 . 1976, p. 9 .
(3) OJ  No  L 146, 4. 6 . 1976, p. 3 .
(4) OJ  No  L 224, 16 . 8 . 1976, p. 1 .                               (*) OJ No L 184, 29 . 7. 1968 , p. 34.
(5) OJ  No  L 224, 16 . 8 . 1976, p. 2 .                               ( 7) OJ No L 145, 6 . 6 . 1975, p. 17 .
 ---pagebreak---  25. 3 . 77                         Official Journal of the European Communities                            No L 77/ 51
                         Article 2                            rity for the skimmed-milk powder shipped in accor­
                                                              dance with the conditions laid down in Article 1 (2) to
 1.    Delivery shall be effected to the port of              (4) and having left the geographical territory of the
 unloading of Bangkok.                                        Community and if the undertaking furnished a surety
2. Embarkation shall take place as soon as possible           to the sum of the advance, raised by 10 % .
on 15 April 1977 at the latest.
                                                                                         Article 4
3 . Delivery cif shall be completed when the goods
are actually deposited on the quayside at the port of         The German Government :
unloading, or on board a lighter, as the case may be .         1 . shall ensure that the agent designated by the
4. The recipient organization shall bear all costs                 mutual agreement contract :
incurred after delivery including the costs of taking              (a) notifies the recipient organization, as soon as
delivery of the goods.                                                 possible after the goods have been loaded on
                                                                       board ship, of details of the ship, the loading
Any demurrage costs at the port of unloading attribu­                  date, the quantity and quality of the goods as
table to the recipient organization shall be borne by it.              recorded on shipment,
The rates and other details concerning such costs shall
be laid down in the contract between the Community                 (b) inform the recipient organization , at least 10
agent (designated by the mutual agreement contract                     clear days before arrival at the port of
specified in Article 3) and the carrier and must have                  unloading of the expected date of arrival,
been previously agreed upon by the former and the                  (c) has included in the terms of the charter-party a
recipient organization's delivery agent.                               provision stipulating that the ship's captain
                                                                       shall , at least 72 hours in advance, notify the
5. A delivery certificate shall be issued on delivery                  recipient organization of the ship's probable
by the receiving agent nominated by the recipient                      date of arrival in port ;
organization .
                                                              2. send to the Commission as soon as possible the
                         A rticle 3                                information specified in paragraph 1 (a) and (b).
 1 . The amount to cover delivery costs to the port of                                   Article 5
unloading referred to in Article 2 ( 1 ) including the
insurance costs shall be determined by the interven­          No refund or compensatory amount (whether mone­
tion agency concerned by mutual agreement on the              tary or accession) may be granted in respect of skim­
least onerous terms possible . This shall only result in      med-milk powder supplied pursuant to this Decision .
the payment of this amount on presentation of the
delivery certificate provided for in Article 2 (5).                                      Article 6
2. The intervention agency shall send immediately             This Decision is addressed to the Federal Republic of
to the Commission a copy of the private contract or           Germany .
contracts .
3 . If, owing to circumstances beyond the control of          Done at Brussels , 18 March 1977 .
the undertaking responsible for the delivery the
submission of the attestation of delivery referred to in
in Article 2 (5) is delayed, the competent agency may
grant an advance .                                                                         For the Commission
Such an advance may, however, not exceed 80 % of                                            Finn GUNDELACH
the sum agreed for the delivery and shall be paid only
subject to the undertaking concerned lodging a secu­                                           Vice-President
 ---pagebreak--- No L 77/ 52                            Official Journal of the European Communities                           25 . 3 . 77
                                                           ANNEX
                                              Skimmed-milk powder requirements
            (a)   fat content :                                 1.5 % maximum
            (b)   water content :                               4 0 % maximum
            (c)   total acidity in lactic acid :                015% maximum ( 18° Dornic )
            (d )  test for neutralization agents :              negative
            (e)   authorized additives :                        none
            ( f)  phosphatase test :                            negative
            (g)   solubility :                                  0-5 ml maximum (99 % minimum )
            (h)   degree of purity :                            disc B ( 150 mg minimum )
            (i)   germ content :                                50 000 per g maximum
            ( k)  colon bacillus titer :                        negative in 01 g
            (1 )  taste and smell :                             clean
            ( m ) appearance :                                  white or slightly yellowish colour, free from
                                                                impurities or coloured particles
            ( n ) vitamin content :
                  (aa) vitamin A :                              5 000 i.u . per 100 g minimum
                  (bb) vitamin D :                              500 i.u . per 100 g minimum