CELEX: 31977D0195
Language: en
Date: 1977-02-21 00:00:00
Title: Commission Decision of 21 February 1977 relating to the urgent supply of butteroil to the International Committee of the Red Cross, for use as food aid for Lebanon

No L 62/20                               Official Journal of the European Communities                                 8 . 3 . 77
                                                     COMMISSION DECISION
                                                         of 21 February 1977
               relating to the urgent supply of butteroil to the International Committee of the
                                         Red Cross, for use as food aid for Lebanon
                                                   (Only the French text is authentic)
                                                             (77/ 195/ EEC)
 THE COMMISSION OF THE EUROPEAN                                          HAS ADOPTED THIS DECISION :
 COMMUNITIES,
                                                                                                   Article 1
 Having regard to the Treaty establishing the European
 Economic Community,                                                     A lot of 800 tonnes of butteroil divided into two lots
                                                                         of 400 tonnes shall be delivered to the ICRC for
                                                                         Lebanon in accordance with the provisions laid down
 Having regard to Council Regulation (EEC) No                            in Regulations (EEC) No 649/76 and (EEC) No
 804/68 of 27 June 1968 on the common organization                       695/76 .
 of the market in milk and milk products ('), as last
 amended by Regulation (EEC) No 559/76 (2), and in
 particular Articles 6 (7) and 28 thereof,                                                         Article 2
                                                                         1.     The butter to be used in the manufacture of
 Whereas, in accordance with Council Regulation
                                                                         butteroil shall be collected from the French interven­
 (EEC) No 695/76 of 25 March 1976 on the supply of
 milk fats under the 1976 food-aid programme to                          tion agency.
 certain developing countries and to certain interna­
 tional organizations (3), Commission Regulation (EEC)                   2. The butteroil shall satisfy the requirements as
 No 158 /77 of 25 January 1977 (4) provided for an invi­                 regards quality and packing laid down in the Annex
 tation to tender for the supply of 800 tonnes of butter­                to Commission Regulation ( EEC) No 2247/75 of 29
 oil to the International Committee of the Red Cross                     August 1975 on the terms of invitations to tender for
 (ICRC) for Lebanon ; whereas this tendering proce­                      the costs of manufacture and delivery of butteroil as
 dure had to be cancelled ; whereas new steps must be                    food aid to certain developing countries and to the
 taken to enable this supply to be made ;                                World Food Programme (6), as last amended by Regu­
                                                                         lation (EEC) No 2212/76 (7).
Whereas Council Regulation (EEC) No 694/76 of 25                         It shall be packed exclusively in five-kilogram canis­
 March 1976 laying down general rules for the supply                     ters .
 of milk fats under the 1976 food-aid programme to
 certain developing countries and to certain interna­                    3 . The packing referred to in Chapter II (2) (b) of
 tional organizations (5), stipulates in Article 5 thereof               the Annex stipulated in the preceding paragraph shall
 that the costs of delivery shall be determined by a                     bear a red cross 10 centimetres by 10 centimetres and
 tendering procedure or, in the case of an emergency                     the following wording in letters at least one
 action , by a procedure of mutual agreement ;                          centimetre high :
                                                                        ' Butteroil / Don de la Communaute economique euro­
Whereas, in view of the need to provide immediate                        peenne / Action du comite international de la Croix­
aid, it is apparent that mutual agreement must be                        Rouge / Pour distribution gratuite au Liban .'
sought in respect of this supply ;
                                                                                                   A rticle 3
Whereas the measures provided for in this Decision                       1.     Delivery shall be effected to the port of
are in accordance with the opinion of the Manage­                       unloading of Limassol (Cyprus).
ment Committee for Milk and Milk Products,
                                                                        2.      Delivery shall take place after 25 March and
(')  OJ  No L 148 , 28 . 6. 1968 , p. 13 .                              before 5 April 1977.
(2 ) OJ  No L 67, 15 . 3 . 1976, p. 9 .
(3 ) OJ  No L 83, 30 . 3 . 1976, p. 6.
(4 ) OJ  No L 23, 27. 1 . 1977, p. 32.                                  (") OJ No L 229 , 30 . 8 . 1975, p. 60 .
(5)  OJ  No L 83, 30 . 3 . 1976, p. 4.                                  ( 7) OJ No L 249 , 11.9 . 1976, p. 5 .
 ---pagebreak--- 8 . 3 . 77                           Official Journal of the European Communities                            No L 62/21
3. Delivery to the port    of unloading shall be consid­          (a) notifies the recipient organization, as soon as
ered as completed when     the goods are actually depo­                possible after the goods have been put on
sited on the quayside at   the port of unloading or on                 board, of details of the ship, the loading date,
lighters where the latter  method is used .                            and the quantity and quality of the goods, as
                                                                       recorded on shipment,
4. The recipient organization shall bear all costs
subsequent to delivery including acceptance costs.                (b) informs the recipient organization of the
5.      Any demurrage costs at the port of unloading                   expected date of arrival at the port of
due to delays for which the recipient organization is                  unloading, at least 10 clear days in advance,
responsible shall be borne by it.
                                                                  (c) has included in the terms of the charter-party a
The rates and conditions of such demurrage, laid                       provision stipulating that the ship's captain
down in the contract between the Community agent                       shall, at least 72 hours in advance, notify the
(designated in the private contract specified in Article               recipient country of the ship's probable date of
4) and the carrier, must be agreed in advance between                  arrival in port ;
the agent and the receiving agent of the recipient
organization .                                                 2. send to the Commission as soon as possible the
6. On delivery to the port of unloading under the                  information stipulated in paragraph 1 (a) and (b).
conditions specified in paragraph 3, the organization
of destination shall issue an attestation certifying that                                Article 6
the goods were received.
                        Article 4
                                                                No restitution or compensatory amount (whether
                                                                monetary or accession) shall be applied to the butter­
 1 . The amount to cover the costs of delivery from            oil supplied pursuant to this Decision .
the storage depot of the intervention agency until the
stage specified in Article 3 ( 1 ) shall be determined by
                                                                                         Article 7
the intervention agency concerned by means of a
mutual agreement procedure on the least onerous
terms possible .                                               This Decision is addressed to the French Republic .
2. The intervention agency shall forward to the
Commission forthwith a duplicate of the mutual agree­
ment contract or contracts .                                    Done at Brussels, 21 February 1977.
                        Article 5
                                                                                           For the Commission
The French Government shall :
                                                                                            Finn GUNDELACH
 1 . ensure that the agent designated by the mutual
     agreement :                                                                               Vice-President