CELEX: 31976D0886
Language: en
Date: 1976-11-17 00:00:00
Title: Commission Decision of 17 November 1976 relating to the urgent spply of skimmed-milk powder to the Republic of Senegal as food aid

25. 11 . 76                               Official Journal of the European Communities                            No L 326/ 27
                                                    COMMISSION DECISION
                                                       of 17 November 1976
               relating to the urgent supply of skimmed-milk powder to the Republic of
                                                        Senegal as food aid
                                                  (Only the French text is authentic)
                                                            (76/886/ EEC)
THE COMMISSION OF THE EUROPEAN                                         tons of skimmed-milk powder shall be delivered to
COMMUNITIES,                                                           the Republic of Senegal .
Having regard to the Treaty establishing the European                  2. The skimmed-milk powder shall be collected
Economic Community,                                                    from the French intervention agency.
Having regard to Council Regulation (EEC) No
804/68 of 27 June 1968 on the common organization                      3 . The skimmed-milk powder shall meet the requir­
of the market in milk and milk products ('), as last                  ements as to quality and packing laid down in Annex
amended by Regulation (EEC) No 559/76 (2), and in                      I to Commission Regulation (EEC) No 1108^68 of 27
particular Articles 7 (5) and 28 thereof,                             July 1968 on detailed rules of application for public
                                                                      storage of skimmed-milk powder (6), as last amended
Whereas Council Regulation (EEC) No 1299/76 of 1                      by Regulation (EEC) No 1457/75 (7).
June 1976 on the supply of skimmed-milk powder as
food aid to certain developing countries and interna­                 The French intervention agency shall have marked
tional organizations under the 1976 programme (3),                    on the packing, in letters at least 1 cm high , the
provides inter alia that 350 metric tons of skimmed­                   following :
milk powder shall be made available to the Republic
of Senegal ; whereas this country has requested 200                     Lait ecreme en poudre non vitaminé / Don de la
metric tons as emergency supply ;                                      Communauté économique européenne / À distribuer
                                                                      gratuitement'.
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                                                  Article 2
certain developing countries and international organi­
zations under the 1976 programme ^), as amended by                     1.    Delivery shall take place at the port of unloading
Regulation (EEC) No 20 1 7/76 (5), stipulates that the                of Dakar.
delivery costs should normally be determined by a
tendering procedure, or in exceptional cases, by a                    2. Delivery shall take place as soon as possible, at
procedure of mutual agreement ;                                       the latest on 15 January 19 77.
Whereas, due to the emergency of the situation on the
one hand and of the small quantity involved on the                    3.     Delivery at the port of unloading shall be
other, a private contract should be negotiated ;                      completed when the goods are actually deposited on
                                                                      the quayside at the port of unloading or on board a
Whereas the measures provided for in this Decision                    lighter as the case may be .
are in accordance with the opinion of the Manage­
ment Committee for Milk and Milk Products,                            4. The recipient country shall bear all costs
                                                                      incurred after delivery including the cost of taking
                                                                      delivery of the goods.
HAS ADOPTED THIS DECISION :
                                                                      Any demurrage costs at the port of unloading attribu­
                                                                      table to the recipient agency shall be borne by it. The
                            Article 1                                 rates and other details concerning such costs shall be
                                                                      laid down in the contract between the Community
1.      In accordance with Regulations ( EEC) No                      agent (designated by the mutual agreement contract
1298/76 and (EEC) No 1299/76, one lot of 200 metric                   specified in Article 3 ) and the carrier must have been
                                                                      previously agreed upon by that and the recipient coun­
(')  OJ  No L 148 , 28 . 6. 1968, p. 13.                              try's delivery agent.
(2)  OJ  No L 67, 15 . 3 . 1976 , p . 9 .
(J ) OJ  No L 146, 4. 6. 1976, p . 5 .
C)   OJ  No L 146, 4 . 6 . 1976 , p. 3 .                              (6) OJ No L 184, 29 . 7 . 1968 , p . 34 .
(5)  OJ  No L 224, 16. 8 . 1976 , p . 1 .                             ( 7) OJ No L 145 , 6 . 6 . 197.5 , p . 17 .
 ---pagebreak--- No L 326/ 28                         Official Journal of the European Communities                           25 . 11 . 76
5. An acceptance certificate shall be issued on                (c) has included in the terms of the charter-party a
delivery by the receiving agent nominated by the                   provision stipulating that the ship's captain shall,
recipient country.                                                 at least 72 hours in advance, notify the country of
                                                                   destination of the ship's probable date of arrival in
                         Article 3                                 port ;
 1 . The amount to cover delivery costs from the               2. shall send to the Commission as soon as possible
storage depot of the intervention agency to the stage          the information specified in paragraph 1 (a) and (b).
referred to in Article 2 ( 1 ) shall be determined by the
intervention agency concerned by mutual agreement
                                                                                       Article 5
on the least onerous terms possible .
2. The intervention agency shall send immediately              No refund or compensatory amount (whether mone­
to the Commission a copy of the private contract or            tary or accession) may be granted in respect of skim­
contracts .                                                    med-milk powder supplied pursuant to this Decision .
                         Article 4
                                                                                       Article 6
The French Government :
                                                               This Decision is addressed to the Republic of France.
1 . shall ensure that the agent designated by the
mutual agreement contract :
(a) notifies the recipient country as soon as possible         Done at Brussels, 17 November 1976 .
     after the goods have been loaded on board ship, of
     details of the ship, the loading date, the quantity
     and quality of the goods as recorded on shipment,                                   For the Commission
(b) informs the recipient country, at least 10 clear
     days before arrival at the port of unloading of the                          |         P. J. LARDINOIS
     expected date of arrival,                                                    \ Member of the Commission