CELEX: 31977D0085
Language: en
Date: 1977-01-13 00:00:00
Title: Commission Decision of 13 January 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 Lebanon

28 . 1 . 77                                 Official Journal of the European Communities                           No L 24/41
                                                       COMMISSION DECISION
                                                           of 13 January 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 Lebanon
                                             (Only the French and Dutch texts are authentic)
                                                                77/85/ 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                     Belgian intervention agency shall arrange delivery to
                                                                         the ICRC of 400 tonnes of vitaminized skimmed-milk
 Regulation (EEC) No 201 7/76 (4), and in particular
 Article 6 thereof,                                                      powder bought on the Community market for
                                                                         Lebanon .
 Whereas Council Regulation ( EEC) No 2018/76 of 27
July 1976, on the complementary supply of skimmed­                       2.      The skimmed-milk powder shall meet :
 milk powder to certain developing countries, interna­
 tional organizations and non-governmental organiza­                    — as to quality, the requirements set out in the
 tions under the 1976 food-aid 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 ( ICRC) ; whereas the ICRC has                               Annex I to Commission Regulation ( EEC) No
 requested 400 tonnes of vitaminized skimmed-milk                              1 108 /68 of 27 July 1968 on detailed rules for
 powder for Lebanon ;                                                          public storage of skimmed-milk powder (6), as last
                                                                               amended by Regulation (EEC) No 1 457/75 (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                   5 % empty bags identical to those containing the
this requires, in particular, the addition of vitamins,                 goods. He shall undertake to indicate those bags on
supply shall be ensured by the buying-in of skimmed­                    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 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                       ' Lait écrémé en poudre avec vitamines A (5 000
aid, it is apparent that mutual agreement must be                       UI / 100 g) et D (500 UI / 100 g) / Don de la Commu­
sought in respect of this supply ;                                      nauté économique européenne / Action du Comité
                                                                        international de la Croix-Rouge / Pour distribution
(■)  OJ  No  L 148 , 28 . 6 . 1968 , p . 13.                            gratuite au Liban '.
(2 ) OJ  No  L 67, 1 5 . 3 . 1 976 , p . 9 .
{} ) OJ  No  L 146, 4 . 6 . 1976 , p . 3 .
(«)  OJ  No  L 224, 16 . 8 . 1976, p . 1 .                              (o) 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--- No L 24/42                          Official Journal of the European Communities                              28 . 1 . 77
                         Article 2                            shall deliver the goods to the port of Limassol
                                                              (Cyprus).
1 . Delivery shall be effected to the port of
unloading of Beirut, notwithstanding the provisions of        In this case, the intervention agency may, on submis­
Article 4.
                                                              sion of supporting documents, come to an agreement
2.     Embarkation shall take place as soon as possible,      with the organization in charge of the delivery on an
on 14 February 1977 at the latest.                            increase in expenses, in comparison with those
                                                              initially set.
3 . Delivery cif shall be completed when the goods
are actually deposited on the quayside at the port of         The intervention agency shall immediately inform the
unloading or on board a lighter as the case may be.           Commission of the new amount agreed upon.
4. The recipient country shall bear all costs
incurred after delivery including the costs of taking                                   Article 5
delivery of the goods.
                                                              The Belgian Government :
Any demurrage costs at the port of unloading attribu­
table to the recipient agency shall be borne by it. The        1 . shall ensure that the agent designated by the
rates and other details concerning such costs shall be             mutual agreement contract :
laid down in the contract between the Community
agent (designated by the mutual agreement contract                 (a) notifies the recipient organization, as soon as
specified in Article 3) and the carrier and must have                  possible after the goods have been loaded on
been previously agreed upon by the former and the                      board ship, of details of the ship, the loading
agent of the recipient organization .                                  date, the quantity and quality of the goods
                                                                       recorded on shipment,
5. A delivery certificate shall be issued on delivery
                                                                   (b) informs the recipient organization, at least 10
by the receiving agent nominated by the recipient
                                                                       clear days before arrival at the port of
organization .
                                                                       unloading of the expected date of arrival,
                         Article 3                                 (c) has included in the terms of the charter-party a
                                                                       provision stipulating that the ship's captain
1 . The amount to cover delivery costs to the port of                  shall, at least 72 hours in advance, notify the
unloading as referred to in Article 2 ( 1 ), including the             country of destination of the ship's probable
costs of insurances, shall be determined by the inter­                 date of arrival in port ;
vention agency concerned by mutual agreement on
the least onerous terms possible .                             2. shall send to the Commission as soon as possible
                                                                   the information specified in paragraph 1 (a) and (b).
2. The intervention agency shall send immediately
to the Commission a copy of the private contract.
                                                                                        Article 6
3.     If, owing to circumstances beyond the control of
the undertaking responsible for the delivery, the              No refund or compensatory amount (whether mone­
submission of the attestation of delivery referred to in       tary or accession) may be granted in respect of skim­
Article 2 ( 5) is delayed, the competent agency may, on        med-milk powder supplied pursuant to this Decision .
production of the supporting documents, grant an
advance .
                                                                                        Article 7
Such an advance may, however, not exceed 80 % of
the sum agreed for the delivery and shall be paid only         This Decision is addressed to the Kingdom of
subject to the undertaking concerned lodging a secu­           Belgium .
 rity for the skimmed-milk powder shipped, in accor­
dance with the conditions laid down in Article 1 (2)
and (4), and having left the geographical territory of
the Community and if the undertaking furnished a               Done at Brussels, 13 January 1977.
security for the sum of the advance, raised by 10 % .
                                                                                          For the Commission
                          Article 4
                                                                                           Finn GUNDELACH
 If events in Lebanon make impossible delivery to the
 port of Beirut, the intervention agency in question                                          Vice-President
 ---pagebreak--- 28 . 1 . 77                          Official Journal of the European Communities                           No L 24/43
                                                         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 ( 15 0 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 enrichment :
                 (aa) vitamin A :                             5 000 l.u . per 100 g minimum
                 (bb) vitamin D :                             500 i.u . per 100 g minimum