CELEX: 31976D0824
Language: en
Date: 1976-10-11 00:00:00
Title: Commission Decision of 11 October 1976 relating to the urgent supply of skimmed-milk powder to the World Food Programme as food aid for India

21 . 10 . 76                             Official Journal of the European Communities                          No L 290/ 19
                                                                 II
                                            (Acts whose publication is not obligatory)
                                                    COMMISSION
                                                   COMMISSION DECISION
                                                       of 11 October 1976
               relating to the urgent supply of skimmed-milk powder to the World Food
                                               Programme as food aid for India
                                   (Only the French , German and English texts are authentic)
                                                           (76/824/ EEC)
THE COMMISSION OF THE EUROPEAN                                       Regulation (EEC) No 201 7/76 (5), stipulates that the
COMMUNITIES,                                                         costs of delivery shall be determined by a tendering
                                                                     procedure or, in the case of an emergency action, by a
                                                                     procedure of mutual agreement ;
Having regard to the Treaty establishing the European
Economic Community,                                                  Whereas, in view of the need to provide immediate
                                                                     aid, it is necessary to have recourse to a procedure by
                                                                     mutual agreement for this supply ;
Having regard to Council Regulation (EEC) No
804/68 of 27 June 1968 on the common organization
of the market in milk and milk products (*), as last                 Whereas the measures provided for in this Decision
amended by Regulation (EEC) No 559/76 (2), and in                    are in accordance with the opinion of the Manage­
particular Articles 7 (5) and 28 thereof,                            ment Committee for Milk and Milk Products,
Whereas Council Regulation (EEC) No 1299/76 of 1
June 1976 on the supply of skimmed-milk powder as
food aid to certain developing countries and interna­                HAS ADOPTED THIS DECISION :
tional organizations under the 1976 programme (3),
provides inter alia for 20 000 metric tons of skim­
med-milk powder to be made available to the World
                                                                                                Article 1
Food Programme (WFP) for India ; whereas the WFP
has requested the delivery of 7 207 metric tons ;
                                                                     1 . In accordance with the provisions of Regulations
                                                                     (EEC) No 1298 /76 and (EEC) No 1299/76, a lot of
Whereas Article 5 of Council Regulation (EEC) No                     7 207 metric tons of skimmed-milk powder shall be
 1298/76 of 1 June 1976 laying down general rules for                delivered to the WFP for India, divided as follows :
the supply of skimmed-milk powder as food aid to
certain developing countries and international organi­               — lot A : 3 207 metric tons,
zations under the 1976 programme ^), as amended by
                                                                     — lot B : 3 000 metric tons,
(') OJ  No   L 148 , 28 . 6. 1968 , p. 13.                           — lot C : 1 000 metric tons ,
(2) OJ  No   L 67, 15. 3 . 1976, p. 9 .
(3) OJ  No   L 146, 4. 6 . 1976, p. 5.
(4  OJ  No   L 146, 4. 6. 1976, p. 3 .                               (5 ) OJ No L 224, 16 . 8 . 1976, p. 1 .
 ---pagebreak---   No L 290/20                          Official Journal of the European Communities                         21 . 10 . 76
 2. The skimmed-milk powder shall be taken from :                the place designated by the WFP or its appointed
 — the Irish intervention agency as regards lot A,               agent.
 — the German intervention agency as regards lot B,
                                                                                        Article 4
 — the Luxembourg intervention agency as regards
      lot C.                                                     1 . The intervention agencies concerned shall
                                                                 determine the costs of forwarding the skimmed-milk
                          Article 2                              powder by concluding a private contract on the least
                                                                 onerous terms possible.
  1 . The skimmed-milk powder shall meet the requir­
 ements as to quality and packing laid down in Annex             2. The intervention agencies shall forward to the
 I to Commission Regulation (EEC) No 1108/68 of 27               Commission without delay a copy of such private
 July 1968 on detailed rules of application for public           contract .
 storage of skimmed-milk powder ('), as last amended             3.     They shall pay to the WFP, within 30 days
 by Regulation (EEC) No 1 457/75 (2).                            maximum     of the date on which      the WFP takes
 2. The intervention agencies concerned shall                    delivery of the skimmed-milk powder, a flat-rate
 supply a further 2 % of empty bags identical to those           contribution of 80 units of account per metric ton of
 containing the goods.                                           skimmed-milk powder supplied towards the cost of
                                                                 forwarding and distributing such skimmed-milk
 3. The intervention agencies concerned shall have               powder.
 the following marking printed in the bags, in letters at
 least one centimetre high :                                                            Article 5
 'Skimmed-milk powder / Gift of the European
 Economic Community / World Food Programme                       No refund or compensatory amount (whether mone­
 action '.                                                       tary or accession) shall be applied in respect of the
                                                                 skimmed-milk powder delivered pursuant to this Deci­
 This marking shall be followed by the name of the               sion .
 port of unloading which shall be communicated by
 the Commission to the intervention agency                                              Article 6
 concerned .
                                                                 This Decision is addressed to the Federal Republic of
                          Article 3                              Germany, Ireland and the Grand-Duchy of Luxem­
                                                                 bourg.
 1 . Delivery shall be effected from a Community
 port accessible for ocean-going ships and having a
 regular line to the recipient country, on a date to be          Done at Brussels,' 11 October 1976 .           !
 fixed by the intervention agency concerned and which
 must be later than 28 October and earlier than 15                                        For the Commission
 November 1 976.
                                                                                             P.J. LARDINOIS
 2.     Delivery shall be considered as completed when
 the goods are deposited at the point of exportation at                               Member of the Commission
(!) OJ No L 184, 29 . 7 . 1968 , p. 34.
(2) OJ No L 145, 6 . 6. 1975, p. 17 .