CELEX: 31976D0959
Language: en
Date: 1976-12-06 00:00:00
Title: Commission Decision of 6 December 1976 on the supply, as a matter of urgency, of butteroil as food aid to the Republic of Mali

31 . 12 . 76                                 Official Journal of the European Communities                                No L 364/ 55
                                                       COMMISSION DECISION
                                                           of 6 December 1976
                 on the supply, as a matter of urgency, of butteroil as food aid to the Republic of Mali
                                                    ( Only the Dutch text is authentic)
                                                               ( 76 /959/ EEC )
THE COMMISSION OF THE EUROPEAN                                             HAS ADOPTED THIS DECISION :
COMMUNITIES ,
Having       regard    to      the   Treaty     establishing    the                                 Article I
European Economic Community,
                                                                           A     lot of 100   metric tons      of butteroil shall  be
Having regard to Council Regulation (EEC) No                               delivered to the Republic of Mali in accordance with
804/68 of 27 June 1968 on the common organization                          the provisions laid down in Regulations ( EEC )
of the market in milk and milk products ( 1 ), as last                     No 1541 /75 and (EEC) No 1542/75 .
amended by Regulation (EEC ) No 559/76 (2), and in
particular Articles 6 (7 ) and 28 thereof,
Whereas Council Regulation ( EEC ) No 1542/ 75 oi:                                                  Article 2
 16 June 1975 on the supply of milk fats under the
 1975 food-aid programme to certain developing
countries         and         to        certain      international          1.     The butter to be used in the manufacture of
                                                                           butteroil shall be collected from the Dutch
organizations (3 ) provides for a reserve of 4 550
metric tons of butteroil ; whereas in accordance with                      intervention agency.
Council Regulation (EEC) No 1822/76 of 20 July
1976 on the supply of butteroil, as food aid, to the                       2.      The butteroil shall satisfy the requirements as
Republic of Mali, in accordance with Regulation                            regards quality and packing laid down in the Annex
( EEC) No 1542/75 (4), 100 metric tons from this                           to Commission Regulation ( EEC) No 2247/75 of
reserve shall be allocated to the Republic of Mali ;                       29 August 1975 on the terms of invitations to tender
whereas this country has requested the supply of the                       for the costs of manufacture and delivery of butteroil
abovementioned quantity;                                                   as food aid to certain developing countries and to the
                                                                           World Food Programme (6 ), as last amended by
Whereas Council Regulation (EEC) No 1541 /75 of                            Regulation (EEC) No 2212/76 (7).
 16 June 1975 laying down general rules for the
supply of manufacture and delivery of butteroil as                         It shall be packed exclusively in five kilogramme
food aid to certain developing countries and to the                        canisters .
1975 World Food Programme (5) stipulates, in its
Article 5 , that the costs of delivery shall be                            3 . As regards the wording to be stated on the
determined by a tendering procedure, except in                             packing, the statement specified in Chapter II (2) (b )
exceptional cases when a procedure of mutual                               of the Annex stipulated in the preceding paragraph
agreement may be invoked ;                                                 shall be the following :
Whereas, in view of the urgency of the delivery, it                        ' Butteroil / Don de la Communauté Économique
seems appropriate to invoke a procedure of mutual                          Européenne à la république du Mali / Destiné a
agreement for this supply ;                                                   la vente.'
Whereas the measures provided for in this Decision
are in accordance with the opinion of the
Management Committee for Milk and Milk                                                              Article 3
Products,
(»)  OJ   No  L  148, 28 .  6.   1968, p. 13 .                             1.      Delivery shall be effected 'to destination'
(2 ) OJ   No   L  67, 15.   3.   1976, p . 9 .                             Bamako .
(3 ) OJ   No  L  157,  19 .  6.   1975 , p. 6.
(4)  OJ   No  L  203, 29.   7.    1976, p . 1 .                            («) OJ No L 229, 30 . 8 . 1975 , p . 60 .
(5)  OI   No  L  157,  19.   6.   1975, p. 4.                              ( 7 ) OJ No L 249, 11 . 9. 1976, p. 5 .
 ---pagebreak--- No L 364/56                           Official Journal of the European Communities                             31 . 12 . 76
2.    Delivery shall take place as soon as possible                                     Article 5
and not later than 31 December 1976 .
                                                                 The Dutch Government shall inform the recipient
3.    'Delivery destination' shall be considered as              country as soon as possible of the date of loading,
completed when the butteroil has actually reached its            means of transport used to deliver the goods to their
destination and has been unloaded .                              destination, the quantity and quality of the goods as
                                                                 recorded on shipment, as well as the port of
4.    The country of destination shall bear all costs            unloading.
subsequent to delivery including acceptance and
possibly transhipment costs .                                    The undertaking entrusted with the delivery shall
                                                                 inform the recipient country of the probable date of
5 . Any demurrage costs resulting from delays on                 arrival of the goods at their destination, at least two
the part of the recipient country in taking over the             clear days in advance.
goods shall, on presentation of the necessary proof,
be paid by the intervention agency concerned and
are the responsibility of the Community, without                                        Article 6
prejudice to a subsequent reimbursement by the
recipient country.                                               No refund or compensatory amount (whether
                                                                 monetary or accession) shall be applied to the
6. The agent appointed by the recipient country                  butteroil pursuant to this Decision .
shall issue an attestation certifying that the goods
were taken over.
                                                                                        Article 7
                       Article 4                                 This Decision is addressed to the Kingdom of the
                                                                 Netherlands .
 1.   The amount to cover the costs of delivery from
the storage depot of the intervention agency until the
stage specified in Article 3 ( 1 ) shall be determined by        Done at Brussels, 6 December 1976 .
the intervention agency concerned by means of a
mutual agreement procedure on the least onerous
terms possible.
                                                                                           For the Commission
2.    The intervention agency shall forward to the                                           P. J. LARDINOIS
Commission forthwith a duplicate of the mutual
agreement contract or contracts .                                                     Member of the Commission