CELEX: 31976D0867
Language: en
Date: 1976-11-08 00:00:00
Title: Commission Decision of 8 November 1976 concerning the supply of skimmed-milk powder to the World Food Programme for the repatriates from Angola in Portugal as emergency food aid

No L 316/22                              Official Journal of the European Communities                           16. 11 . 76
                                                   COMMISSION DECISION
                                                      of 8 November 1976
              concerning the supply of skimmed-milk powder to the World Food Programme
                       for the repatriates from Angola in Portugal as emergency food aid
                                         (Only the French and Dutch texts are authentic)
                                                           (76/867/EEC)
THE COMMISSION OF THE EUROPEAN                                      HAS ADOPTED THIS DECISION :
COMMUNITIES,
Having regard to the Treaty establishing the European                                        Article 1
Economic Community,
                                                                    1 . In accordance with Regulations (EEC) No
Having regard to Council Regulation (EEC) No                        1298 /76, (EEC) No 1299/76 and (EEC) No 1846/76,
804/68 of 27 June 1968 on the common organization                   500 metric tons of skimmed-milk powder shall be
of the market in milk and milk products ( J), as last               supplied to the WFP for the repatriates from Angola
amended by Regulation (EEC) No 559/76 (2), and in                   in Portugal, divided into the following lots :
particular Articles 7 (5) and 28 thereof,
                                                                    — Lot A : 250 metric tons,
Whereas Council Regulation (EEC) No 1299/76 of 1                    — Lot B : 250 metric tons .
June 1976 on the supply of skimmed-milk powder as
food aid to certain developing and international organ­
izations under the 1976 programme (3) provides for a                2. Delivery is to be carried out at the port of
reserve   of   3 630      metric     tons  of    skimmed-milk       unloading Lisbon .
powder ; whereas, according to Council Regulation
(EEC) No 1846/76 of 22 July 1976 on the emergency                   3 . The skimmed-milk powder shall be taken from
supply of skimmed-milk powder to the World Food                     the Belgian intervention agency. The latter shall
Programme as food aid for the repatriates from                      supply 2 % extra empty bags.
Angola in Portugal pursuant to Regulation (EEC) No
1 299/76 (4), 500 metric tons of this reserve shall be
allocated to the World Food Programme (WFP) for                     4. The skimmed-milk powder shall, as regards
the repatriates from Angola in Portugal ; whereas the               quality and packing, satisfy the requirements laid
WFP has requested the supply of the abovementioned                  down in Annex I to Commission Regulation (EEC)
quantity for that destination ;                                     No 1108/68 of 27 July 1968 concerning the methods
                                                                    of public storage of skimmed-milk powder (6), as last
                                                                    amended by Regulation (EEC) No 1457/75 (7).
Whereas Article 5 of 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                    5. The Belgian intervention agency shall have the
certain developing countries and international organi­              following statement applied on the bags, in letters at
zations under the 1976 programme (5) stipulates that                least one centimetre high :
in the case )f emergency actions the forwarding costs
may be determined by a procedure of mutual agree­                    Leite magro em po / Dom das Comumdades Euro­
ment ;
                                                                    peias para o Programa Alimentar Mundiaf.
Whereas, in view of the need to provide quick aid, it
is necessary that mutual agreement be sought in                                               Article 2
respect of this delivery ;
                                                                    1.    Loading shall take place :
Whereas the measures provided for in this Decision
are in accordance with the opinion of the Manage­                   — as regards Lot A : at the latest on 1 0 December
ment Committee for Milk and Milk Products,                               1976,
                                                                    — as regards Lot B : after 10 and before 20 January
(')  OJ No  L 148 , 28 . 6 . 1968 , p. 13,                               1977 .
(2)  OJ No  L 67, 15 . 3 . 1976, p. 9 .
(3)  OJ No  L 146, 4 . 6 . 1976, p. 5 .
(4 ) OJ No  L 204, 30 . 7 . 1976, p. 3 .                            (o) OJ No L 184, 29 . 7. 1968 , p . 34.
(5 ) OJ No  L 146, 4 . 6 . 1976, p. 3 .                             (7) OJ No L 145, 6 . 6 . 1975, p . 17.
 ---pagebreak---  16 . 11 . 76                          Official Journal of the European Communities                        No L 316/23
2. Delivery at the port of unloading shall be                            tity and quality of the goods as recorded on
completed when the goods are actually deposited on                       shipment,
the quayside at the port of unloading or on board a                  (b) informs the recipient agency, at least 10 clear
lighter as the case may be.                                              days before arrival at the port of unloading of
3. The recipient country shall bear all costs                            the expected date of arrival,
incurred after delivery including the cost of taking                 (c) has included in the terms of the charter party a
delivery of the goods.                                                   provision stipulating that the ship's captain
                                                                         shall, at least 72 hours in advance, notify the
Any demurrage costs at the port of unloading attribu­                    agency of destination of the ship's probable
table to the recipient agency shall be borne by it. The                  date of arrival in port ;
rates and other details concerning such costs shall be            2. send to the Commission as soon as possible the
laid down in the contract between the Community                      information specified in paragraph 1 (a) and (b).
agent (designated by the mutual agreement contract
specified in Article 3) and the carrier and must have                                     Article 5
been previously agreed upon by that and the recipi­
ent's delivery agent.                                            The Belgian intervention agency shall pay to the WFP
                                                                 within 30 days maximum from the day on which he
4. An acceptance certificate shall be issued on                  takes delivery of the skimmed-milk powder a flat-rate
delivery by the receiving agent nominated by the                 contribution of 20 units of account per metric ton of
recipient organization.                                          skimmed-milk powder supplied towards the land
                                                                 transport, handling and storage on the spot of the
                           Article 3                             skimmed-milk powder.
1 . The amount to cover delivery costs from the
                                                                                          Article 6
storage depot of the intervention agency to the stage
referred to in Article 1 (2) shall be determined by the          No refund or compensatory amount (whether mone­
intervention agency concerned by mutual agreement                tary or accession) may be granted in respect of skim­
on the least onerous terms possible.                             med-milk powder supplied pursuant to this Decision.
2. The intervention agency shall send immediately
                                                                                          Article 7
to the Commission a copy of the private contract or
contracts .
                                                                 This Decision is addressed to the Kingdom of
                                                                 Belgium .
                           Article 4
The Belgian Government shall :                                   Done at Brussels, 8 November 1976 .
1 . ensure that the agent designated by the mutual
     agreement contract :                                                                   For the Commission
     (a) notifies the recipient agency, as soon as possible                                    P.J. LARDINOIS
         after the goods have been loaded on board ship,
         of details of the ship, the loading date, the quan­                             Member of the Commission