CELEX: 31977D0104
Language: en
Date: 1977-01-18 00:00:00
Title: Commission Decision of 18 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 the Philippines

4 . 2 . 77                                Official Journal of the European Communities                             No L 33 / 21
                                                    COMMISSION DECISION
                                                        of 18 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 the Philippines
                                          (Only the French and Dutch texts are authentic )
                                                           (77/ 104/EEC)
THE COMMISSION OF THE EUROPEAN                                         forwarding costs, in case of emergency, a private
 COMMUNITIES,                                                          contract may be concluded ;
 Having regard to the Treaty establishing the European                 Whereas, in view of the need to provide immediate
 Economic Community,                                                   aid, it is apparent that mutual agreement must be
                                                                       sought in respect of this supply ;
 Having regard to Council Regulation ( EEC) No                        Whereas the measures provided for in this Decision
 804/ 68 of 27 June 1968 on the common organization                   are in accordance with the opinion of the Manage­
of the market in milk and milk products ('), as last                   ment Committee for Milk and Milk Products,
amended by Regulation ( EEC) No 559/ 76 (2), and in
particular Articles 7 ( 5) and 28 thereof,
 Having regard to Council Regulation ( EEC) No                         HAS ADOPTED THIS DECISION :
 1298 /76 of 1 June 1976 laying down general rules for
the supply of skimmed-milk powder as food aid to
certain developing countries and international organi­
zations under the 1976 programme (3 ), as amended by                                               Article 1
Regulation ( EEC) No 2017/76 (4 ), and in particular
Article 6 thereof,                                                     1 . In accordance with the provisions of Regulations
                                                                      ( EEC) No 1298 /76 and (EEC) No 2018/76, the
Whereas Council Regulation ( EEC) No 2018 /76 of 27                   Belgian intervention agency shall arrange delivery to
                                                                      the ICRC of one lot of 150 tonnes of vitaminized
July 1976 on the complementary supply of skimmed­
milk powder to certain developing countries, interna­                 skimmed-milk powder bought on the Community
tional organizations and non-governmental organiza­                   market for the Philippines .
tions under the 1976 food-aid programme ('), provides
inter alia for 1 500 tonnes of skimmed-milk powder                    2.    The skimmed-milk powder shall meet :
to be made available to the International Committee
                                                                      — as to quality, the requirements set out in the
of the Red Cross ; whereas the ICRC has requested                          Annex to this Decision ,
 150 tonnes of vitaminized skimmed-milk powder for
the Philippines ;                                                     — as to packaging, the requirements set out in
                                                                           Annex I to Commission Regulation (EEC) No
                                                                           1108 /68 of 27 July 1968 on detailed rules for
Whereas Regulation ( EEC) No 1298 / 76 provides in                         public storage of skimmed-milk powder (6), as last
Article 2 ( 2) that, if the amounts of skimmed-milk                        amended by Regulation (EEC) No 1457/75 (7).
powder in public stocks do not have the characteris­
tics necessary for their particular destination where
this requires, in particular, the addition of vitamins ,              3.    In addition the supplier, designated by the
supply shall be ensured by the buying-in of skimmed­                  private contract referred to in Article 3 , shall supply
milk powder on the Community market ;                                 5 % empty bags identical to those containing the
                                                                     goods . He shall undertake to have these bags
                                                                      mentioned on the bill of lading.
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
                                                                     following inscription in letters at least one centimetre
 ') OJ  No L  148 , 28 . 6 . 1968 , p. 11
 2) OJ  No L 67 , 15 . 3 . 1976 , p. 9 .                             high :
 ') O)  No L  146, 4 . 6 . 1976 , p. 3 .
4)  OJ  No L 224, 16 . 8 . 1976 . p. 1 .                             (") O J No L 184, 29 . 7 . 1968 , p . 34 .
5) OJ NO L 224, 16 . 8 . 1976, p. 2.                                 ( 7) Oj No L 1 4 S , 6 . 6 . 1975, p . 17.
 ---pagebreak--- No L 33 / 22                         Official Journal of the European Communities                                4 . 2 . 77
'Skimmed-milk powder containing vitamins 'A (5 000             Such an advance may, however, not exceed 80 % of
i.u./ 100 g) and ' D' (500 i.u./ 100 g) / Gift of the Euro­    the sum agreed for the delivery and shall be paid only
pean Economic Community / Action of the Interna­               subject to the undertaking concerned lodging a secu­
tional Committee of the Red Cross / For free distribu­         rity for the skimmed-milk powder shipped in accor­
tion '.                                                        dance with the conditions laid down in Article 1 (2 to
                                                               4) and having left the geographical territory of the
                          Article 2                            Community and if the undertaking furnished a surety
                                                               to the sum of the advance, raised of 10 % .
 1.     Delivery shall be effected to the port of
unloading of Manila.                                                                     Article 4
2.      Embarkation shall take place as soon as possible,      The Belgian Government :
on the 28 February 1977 at the latest.                          1 . shall ensure that the agent designated by the
3.      Delivery cif shall be completed when the goods              mutual agreement contract :
are actually deposited on the quayside at the port of               (a) notifies the recipient organization , as soon as
unloading or on board a lighter as the case may be.                     possible after the goods have been loaded on
4. The recipient country shall bear all costs                           board ship, of details of the ship, the loading
incurred after delivery including the costs of taking                   date, the quantity and quality of the goods as
delivery of the goods .                                                 recorded on shipment,
                                                                    (b) inform the recipient organization , at least 10
Any demurrage costs at the port of unloading attribu­                   clear days before arrival at the port of
table to the recipient agency shall be borne by it . The                unloading of the expected date of arrival,
rates and other details concerning such costs shall be              (c) has included in the terms of the charter-party a
laid dowin in the contract between the Community                        provision stipulating that the ship's captain
agent (designated by the mutual agreement contract                      shall, at least 72 hours in advance, notify the
specified in Article 3) and the carrier and must have                   recipient organization of the ship's probable
been previously agreed upon by that and the recipi­                     date of arrival in port ;
ent's delivery agent.
                                                                2. send to the Commission as soon as possible the
5.      A delivery certificate shall be issued on delivery          information specified in paragraph 1 (a) and (b).
by the receiving agent nominated by the recipient
country .                                                                                Article 5
                          Article 3                             No refund or compensatory amount (whether mone­
                                                               tary or accession) may be granted in respect of skim­
 1 . The amount to cover delivery costs to the port of          med-milk powder supplied pursuant to this Decision .
unloading referred to in Article 2 ( 1 ) including the
insurance costs shall be determined by the interven­                                     Article 6
tion agency concerned by mutual agreement on the
least onerous terms possible .                                 This Decision is addressed to the Kingdom of
                                                                Belgium .
2. The intervention agency shall send immediately
to the Commission a copy of the private contract or
contracts .                                                     Done at Brussels, 18 January 1977.
3.      If, owing to circumstances beyond the control of
                                                                                           For the Commission
the undertaking responsible for the delivery the
submission of the attestation of delivery referred to in                                    Finn GUNDELACH
Article 2 ( 5) is delayed , the competent agency may
grant an advance .                                                                             Vice-President
 ---pagebreak--- 4 . 2 . 77                          Official Journal of the European Communities                           No L 33 / 23
                                                        ANNEX
                                           Skimmed-milk powder requirements
           (a) fat content :                                  1 -5 7o maximum
           (b) water content :                               4-0 % 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 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 i.u . per 100 g minimum
                (bb) vitamin D :                             500 i.u . per 100 g minimum