CELEX: 31977D0105
Language: en
Date: 1977-01-18 00:00:00
Title: Commission Decision of 18 January 1977 relating to the urgent supply to UNICEF of vitaminized skimmed-milk powder to be bought on the Community market, for use as food aid for Vietnam

No L 33 / 24                             Official Journai of the European Communities                                 4 . 2 . 77
                                                    COMMISSION DECISION
                                                        of 18 January 1977
               relating to the urgent supply to UNICEF of vitaminized skimmed-milk powder
                  to be bought on the Community market, for use as food aid for Vietnam
                                                 (Only the German text is authentic)
                                                            (77/ 105/ EEC)
THE COMMISSION OF THE EUROPEAN                                          Whereas Article 5 of Regulation (EEC) No 1298 /76
 COMMUNITIES,                                                           provides that, for the purpose of determining the
                                                                        forwarding costs, in case of emergency, a private
                                                                        contract may be concluded ;
 Having regard to the Treaty establishing the European
 Economic Community ,                                                   Whereas, in view of the need to provide immediate
                                                                        aid, it is apparent that mutual agreement must be
                                                                        sought in respect of 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,
 Having regard to 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                      HAS ADOPTED THIS DECISION :
 certain developing countries and international organi­
 zations under the 1976 programme (3 ), as amended by
 Regulation ( EEC) No 201 7/76 (4), and in particular
 Article 6 thereof,                                                                               Article 1
                                                                        1.     In accordance with the provisions of Regulations
Whereas, in pursuance of Council Regulation ( EEC)                     (EEC) No 1298/76 and (EEC) No 1299/76, the
 No 1299/76 of 1 June 1976 on the supply of skim­
                                                                       German intervention agency shall arrange delivery to
 med-milk powder as food aid to certain developing                      UNICEF of one lot of 735 tonnes of vitaminized skim­
 countries and international organizations under the ~
                                                                        med-milk powder bought on the Community market
 1976 programme (5), the Commission Regulation                          for Vietnam .
(EEC) No 2909/76 of 30 November 1 976 (6) provides
 an invitation to tender for the delivery of a lot of 735
 tonnes of vitaminized skimmed-milk powder to                           2.    The skimmed-milk powder shall meet :
 UNICEF , for Vietnam ; whereas this invitation to
 tender has been cancelled ; whereas it is necessary to                — as to quality, the requirements set out in the
 provide for a new measure to ensure this supply ;                           Annex to this Decision ,
                                                                       — as to packaging, the requirements set out in
Whereas Regulation ( EEC) No 1298 /76 provides in                            Annex I to Commission Regulation (EEC) No
Article 2 (2) that, if the amounts of skimmed-milk                           1108 / 68 of 27 July 1968 on detailed rules for
 powder in public stocks do not have the characteris­                        public storage of skimmed-milk powder (7), as last
tics necessary for their particular destination where                        amended by Regulation ( EEC) No 1 457/75 (8).
this requires, in particular, the addition of vitamins,
supply shall be ensured by the buying-in of skimmed­                   3.     In addition the supplier, designated by the
milk powder on the Community market ;                                  private contract referred to in Article 3, shall supply
                                                                       5 % empty bags identical to those containing the
(')  OJ No  L 148 , 28 . 6 . 1968 , p. 13 .                            goods . He shall undertake to have these bags
(2)  OJ No  L 67, 15 . 3 . 1976 , p. 9 .
(3)  OJ No  L 146, 4 . 6 . 1976 , p. 3 .                               mentioned on the bill of lading.
(4 ) OJ No  L 224, 16 . 8 . 1976, p. 1 .
(5)  OJ No  L 146, 4 . 6 . 1976, p . 5 .                               ( 7) OJ No L 184, 29 . 7 . 1968 , p. 34.
(<>) OJ No  L 332, 1.12 . 1976, p . 37 .                               ( 8) OJ No L 145, 6 . 6 . 1975, p. 17 .
 ---pagebreak---   4 . 2 . 77                           Official Journal of the European Communities                               No L 33 / 25
  4. The packaging of the skimmed-milk powder                    Such an advance may, however, not exceed 80 % of
  shall bear the following inscription in letters at least       the sum agreed for the delivery and shall be paid only
  one centimetre high :                                          subject to the undertaking concerned lodging a secu­
  ' Lait écrémé en poudre vitamine / Don de la Commu­             rity for the skimmed-milk powder shipped in accor­
  nauté économique européenne à l'UNICEF en faveur                dance with the conditions laid down in Article 1 (2) to
  du peuple du Vietnam '.                                        (4) and having left the geographical territory of the
                                                                  Community and if the undertaking furnished a surety
                                                                  to the sum of the advance , raised of 10 % .
                            Article 2
   1.     Delivery shall take place at the port of unloading                                  Article 4
   of Haiphong.
                                                                  The German Government :
   2.     Delivery shall take place as soon as possible, at
   the latest on 15 February 1977 .                               1 . shall ensure that the agent designated by the
                                                                       mutual agreement contract :
   3 . . Delivery at the port of unloading shall be
   completed when the goods are actually deposited on                  (a) notifies the recipient organization as soon as
   the quayside at the port of unloading or on board a                      possible after the goods have been loaded on
   lighter as the case may be .                                            board ship, of details of the ship, the loading
                                                                           date, the quantity and quality of the goods as
   4. The recipient organization shall bear all costs                       recorded on shipment,
   incurred after delivery including the cost of taking                (b) informs the recipient organization , at least 10
   delivery of the goods .                                                  clear days before arrival at the port of
   Any demurrage costs at the port of unloading attribu­                    unloading of the expected date of arrival,
   table to the recipient agency shall be borne by it. The             (c) has included in the terms of the charter-party a
    rates and other details concerning such costs shall be                  provision stipulating that the ship's captain
    laid down in the contract between the Community                         shall , at least 72 hours in advance, notify the
    agent (designated by the mutual agreement contract                      recipient organization of the ship's probable
   specified in Article 3) and the carrier must have been                   date of arrival in port ;
    previously agreed upon by that and the recipient
    organization 's delivery agent.                                2 . shall send to the Commission as soon as possible
                                                                        the information specified in paragraph 1 (a) and (b).
    5 . An acceptance certificate shall be issued on
    delivery by the receiving agent nominated by the                                          Article 5
    recipient organization .
                                                                   No refund or compensatory amount (whether mone­
                             Article 3                             tary or accession) may be granted in respect of skim­
                                                                   med-milk powder supplied pursuant to this Decision .
     1.   The amount to cover delivery costs to the port of
    unloading referred to in Article 2 ( 1 ) including insur­
                                                                                              Article 6
    ance costs, shall be determined by the intervention
    agency concerned by mutual agreement on the least              This Decision is addressed to the Federal Republic of
    onerous terms possible .                                       Germany .
    2. The intervention agency shall send immediately
    to the Commission a copy of the private contract or
i   contracts .                                                    Done at Brussels, 18 January 1977.
     3 . If, owing to circumstances beyond the control of                                        For the Commission
?    the undertaking responsible for the delivery the
i    submission of the attestation of delivery referred to in                                     Finn GUNDELACH
i    Article 2 (5) is delayed , the competent agency may
;   grant an advance .                                                                               Vice-President
 ---pagebreak--- No L 33 / 26                          Official Journal of the European Communities                           4 . 2 . 77
                                                          ANNEX
                                             Skimmed-milk powder requirements
             (a) fat content :                                 1-5% maximum
             (b) water content :                               4-0 % maximum
             (c) total acidity in lactic acid :                0-15% maximum ( 18° Dornic)
             (d) test for neutralization agents                negative
             (e) authorized additives :                        none
             (f) phosphatase test :                            negative
             (g) solubility :                                  0-5 ml maximum (99 % minimum)
             (h) degree of purity :                            disc B ( 15-0 mg minimum )
             (i) germ content :                                50 000 per g maximum
             (k) colon bacillus titer :                        negative in 01 g
             (1) taste and smell :                             clean
             (m) appearance :                                  white or slightly yellowish colour, free from
                                                               impurities or coloured particles
             (n) vitamin enrichment :
                 (aa) vitamin A :                              5 000 i.u . per 100 g minimum
                 (bb) vitamin D :                              500 i.u . per 100 g minimum