CELEX: 31973D0161
Language: en
Date: 1973-05-18 00:00:00
Title: Commission Decision of 18 May 1973 on the urgent supply of skimmed-milk powder to the Sahel countries as Community aid

No L 182/32                         Official Journal of the European Communities                                   5 . 7. 73
                                               COMMISSION DECISION
                                                    of 18 May 1973
              on the urgent supply of skimmed-|milk powder to the Sahel countries as Community aid
                                 (Only the French, Dutch and German texts are authentic)
                                                      (73 / 161 /EEC)
THE COMMISSION OF THE EUROPEAN                                    organizations and of the particular local conditions
COMMUNITIES,                                                      for delivering the goods to the interior of certain
                                                                  benefiting countries, it is opportune to allow the
                                                                  intervention agencies concerned, for each particular
Having regard to the Treaty establishing the European             case, to conclude contracts covering the whole or
Economic Community ;                                              part of the transport before it has been completed ;
Having regard to Council Regulation (EEC) No                      Whereas for the successful completion of the
804/68 <(*) of 27 June 1968 on the common                         operation it is necessary that the intervention agencies
organization of the market in milk and milk products,             concerned inform the Commission what methods
as last amended by the Act (2) concerning the Con­                of delivery are used, and what amounts are involved
ditions of Accession and the Adjustments to the                   when eventually setting out the voluntary assistance
Treaties, and in particular Articles 7 (5 ) and 28                provided ;
thereof;
Whereas Council Regulation (EEC) No 1264/73 (3)                   Whereas the measures provided for in this Decision
of 15 May 1973 on the supply of skimmed-milk                      are in accordance with the Opinion of the
powder as food aid to the Sahel countries provides                Management Committee for Milk and Milk Products ;
that 13 000 metric tons of skimmed-milk powder
shall be supplied, as a matter of urgency to these
countries ;                                                       HAS ADOPTED THIS DECISION :
Whereas the aforesaid Regulation provides in Article
3 ( 1 ) for the payment of a sum to cover delivery                                         Article 1
costs to the destination ; whereas, following the
provisions of paragraph (2) of the aforesaid Article,             1.     In accordance with Regulation (EEC) No
the amount of these costs is to be determined by                  1264/73, 9 000 metric tons of skimmed-milk powder
means of the tendering procedure or, taking account               bought pursuant to Article 7 of Regulation (EEC) No
of the urgency involved, by calling on a procedure                804/68 and taken from the stocks held by the Belgian,
for the least disadvantageous private contract;                   Luxembourg, German and French intervention
                                                                  agencies shall be delivered to the following
Whereas, taking account of the worsening situation                destinations :
and the necessity to supply help immediately, some
of the skimmed-milk powder must be delivered                      — Niger             2 500 metric tons
immediately by air and whereas another quantity
must be dispatched with the least possible delay,                 — Mauritania        1 800 metric tons
it shall prove necessary even then for these first                — Senegal           2 400 metric tons
supplies to be called on through a procedure for a
                                                                  — Mali                400 metric tons
private contract;
                                                                  — Upper Volta       1 800 metric tons
Whereas, taking account of the stocks at the disposal             — Chad                100 metric tons.
 of the intervention agencies and the market situation
for skimmed-milk powder, the relevant quantities
can be delivered by the Belgian, Luxembourg, German               2.     The skimmed-milk powder shall as regards
and French intervention agencies ;                                quality and packing satisfy the requirements laid
                                                                  down in Annex I of Commission Regulation (EEC)
Whereas, taking account of the voluntary assistance               No 1108/68 (4) of 27 July 1968 concerning the
provided by certain agencies or transport                          methods of public storage of skimmed-milk powder,
                                                                   as last amended by Regulation (EEC) No 2267/72 (5).
 (*) OJ No L 148, 28 . 6. 1968, p. 13 .
 (2) OJ No L 73 , 27. 3 . 1972, p. 14.                             (4) OJ No L 184, 29. 7. 1968, p. 34.
 (3) OJ No L 129, 16. 5. 1973, p. 27.                              (5) OJ No L 244, 27. 10. 1972, p. 22.
 ---pagebreak--- 5 . 7. 73                            Official Journal of the European Communities                            No L 182/33
The packaging of the skknmed-milk powder shall be                                       Article S
marked in letters at least 1 cm high :
                                                               The supply to Mali shall be completed :
    'Don de la Communauté économique européenne'.
                                                               (a) by air, before 15 June 1973
                           Article 2                                — for 10 metric tons from the stocks of the
                                                                       French intervention agency to an airport in
The supply to Niger shall be completed :                               Mali envisaged in Article 8 ;
(a) by air, before 1 June 1973                                 ( b) by sea, before 15 June 1973
     — for 27 metric tons provided from the stocks                  — for 390 metric tons from the stocks of the
          of the Luxembourg intervention agency                        French intervention agency to one or more of
                                                                       the ports envisaged in Artidle 8 .
     — for 58 metric tons provided from the stocks
          of the Belgian intervention agency                                            Article 6
          at the stage of delivery to airports in Niger
          envisaged in Article 8                               The supply to Upper Volta shall be completed:
     — for 115 metric tons provided from the stocks            ( a) by air, before 1 June 1973
          of the French intervention agency                         — for 12 metric tons from the stocks of the
          at the stage of delivery to airports in Niger                German intervention agency
          envisaged in Article 8 ;                                  — for 38 metric tons from the stocks of the
(b) by sea, before 1 July 1973                                         French intervention agency at the stage of
                                                                       delivery to an airport envisaged in Article 8 ;
     — for 2 300 metric tons provided from the stocks
          of the German intervention agency to one or          (b) by sea, before 1 July 1973
          more of the ports envisaged in Article 8 .                — for 1 750 metric tons from the stocks of the
                                                                       Belgian intervention agency to one or more
                           Article 3                                   of the ports envisaged in Article 8 .
The supply to Mauritania shall be completed :                                            Article 7
(a) by air, before 1 June 1973                                 The supply to Chad shall be completed :
     — for 50 metric tons provided from the stocks             (a ) by air, before 15 June 1973
          of the French intervention agency
                                                                    — for 12 metric tons from the stocks of the
          at the stage of delivery to airports in                      German intervention agency
          Mauritania envisaged in Article 8 ;
                                                               ( b) by sea, before 1 July 1973
( b) by sea, before 1 July 1973
                                                                    — for 90 metric tons from the stocks of the
     — for 1 250 metric tons from the stocks of the
                                                                       French intervention agency.
          Belgian intervention agency
     — for 500 metric tons from the stocks of the                                       Article 8
          Luxembourg intervention agency to one or
          more of the ports envisaged in Article 8 .           When reference is made to ports, airports or to
                                                               places of destination in this Decision, they refer to
                          Article 4                            ports, airports or places of destination nominated by
                                                               the authorities of the countries concerned and which
                                                               will be notified to the interested intervention agency
The supply to Senegal shall be completed:
                                                               by the Commission.
(a) by air, before 1 June 1973
                                                                                        Article 9
     — for 50 metric tons from the stocks of the
          French intervention agency to an airport in
          Senegal envisaged in Article 8 ;                     1 . The intervention agency concerned must ensure
                                                               the transportation of the goods up to the destination
(b) by sea, before 1 July 1973                                 envisaged in Article 8 .
     — for 2 350 metric tons from the stocks of the            2.    It must also take all necessary steps to ensure
          French intervention agency to one or more of         that the skimmed-milk powder supplied is effectively
          the ports envisaged in Article 8 .                   delivered to its destination .
 ---pagebreak--- No L 182/34                      Official Journal of the European Communities                           5 . 7. 73
                      Article 10                            methods of transport used, indicating eventually the
                                                           voluntary assistance.
The amount envisaged in Article 3 ( 1 ) of Regulation
(EEC) No 1264/73 shall be determined by the                                        Article 12
intervention agency concerned by the least
disadvantageous private contract procedure. This
amount may result from several contracts signed by          No refund or compensatory amount may be granted
the intervention agencies and the organizations             in respect of skimmed-milk powder supplied pursuant
                                                            to this Decision .
undertaking part of the contract.
                                                                                   Article 13
                      Article 11
                                                            This Decision is addressed to the Kingdom of
                                                            Belgium, the Federal Republic of Germany, the
The intervention agencies shall immediately notify          French Republic and the Grand Duchy of
the Commission of the costs incurred as well as the         Luxembourg.
            Done at Brussels, 18 May 1973 .
                                                                            For the Commission
                                                                               The President
                                                                          Francois-Xavier ORTOLI