CELEX: 31977D0088
Language: en
Date: 1977-01-14 00:00:00
Title: Commission Decision of 14 January 1977 relating to the urgent supply to the International Committee of the Red Cross of vitaminized skimmed-milk powder to be bought on the Community market, for use as food aid for Uruguay

No L 24/48                                Official Journal of the European Communities                                28 . 1 . 77
                                                    COMMISSION DECISION
                                                        of 14 January 1977
              relating to the urgent supply to the International Committee of the Red Cross of
              vitaminized skimmed-milk powder to be bought on the Community market, for
                                                   use as food aid for Uruguay
                                                  (Only the Dutch text is authentic)
                                                            (77/88 / EEC)
THE COMMISSION OF THE EUROPEAN                                        Whereas the measures provided for in this Decision
COMMUNITIES,                                                           are in accordance with the opinion of the Manage­
                                                                       ment Committee for Milk and Milk Products,
Having regard to the Treaty establishing the European
Economic Community,
Having regard to Council Regulation (EEC) No
804/68 of 27 June 1968 on the common organization                      HAS ADOPTED THIS DECISION :
of the market in milk and milk products (•), as last
amended by Regulation (EEC) No 559/76 (2), and in
particular Articles 7 (5) and 28 thereof,
                                                                                                Article 1
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                       1.    In accordance with the provisions of Regulations
certain developing countries and international organi­                 (EEC) No 1298 /76 and (EEC) No 2018/76, the Dutch
zations under the 1976 programme (3), as amended by                    intervention agency shall arrange delivery to the
                                                                       ICRC of one lot of 50 tonnes of vitaminized skim­
Regulation (EEC) No 2017/76 (4), and in particular
Article 6 thereof,                                                     med-milk powder bought on the Community market
                                                                       for Uruguay.
Whereas Council Regulation (EEC) No 2018 /76 of 27
July 1976, on the complementary supply pf skimmed­                     2.    The skimmed-milk powder shall meet :
milk powder to certain developing countries, interna­
tional organizations and non-governmental organiza­                    — as to quality, the requirements set out in the
tions under the 1976 food-aid programme ^), provides                        Annex to this Decision ,
inter alia for 1 500 tonnes of skimmed-milk powder
to be made available to the International Committee                    — as to packaging, the requirements set out in
of the Red Cross (ICRC) ; whereas the ICRC has                              Annex I to Commission Regulation (EEC) No
requested 50 tonnes of vitaminized skimmed-milk                             1108 /68 of 27 July 1968 on detailed rules for
powder for Uruguay ;                                                        public storage of skimmed-milk powder (6), as last
                                                                            amended by Regulation (EEC) No 1 457/75 (7).
Whereas Regulation (EEC) No 1298 /76 provides in
Article 2 (2), that, if the amounts of skimmed-milk
                                                                       3.     In addition the supplier, designated by the
powder in 'public stocks do not have the characteris­                  private contract referred to in Article 3, shall supply
tics necessary for their particular destination where
                                                                       5 % empty bags identical to those containing the
this requires, in particular, the addition of vitamins,
                                                                       goods. He shall undertake to indicate those bags on
supply shall be insured by the buying-in of skimmed­                   the bill of lading.
milk powder on the Community market ;
Whereas Article 5 of Regulation (EEC) No 1298 /76                      4. The packaging of the skimmed-milk powder
provides that, for the purpose of determining the                      shall bear a red cross of 10 cm by 10 cm and the
forwarding costs, in case of emergency, a private                      following inscription in letters at least one centimetre
contract may be concluded ;                                            high :
Whereas, in view of the need to provide immediate                        Leche desnatada en polvo con vitaminas A (5000
aid , it is apparent that mutual agreement must be                      UI/ 100 gr) y vitaminas D (500 UI/ 100 gr) / Donación
sought in respect of this supply ;                                     de las Comunidades europeas / Acción del Comité
                                                                        International da la Cruz Roja / Por distribución
(■)  OJ No  L 148 , 28 . 6 . 1968 , p . 13 .                           gratuita en Uruguay'.
(2 ) OJ No  L 67, 15 . 3 . 1976, p . 9 .
(3 ) OJ No  L 146, 4 . 6 . 1976, p . 3 .
(«)  OJ No  L 224, 16 . 8 . 1976, p . 1 .                              (6) OJ No L 184, 29 . 7 . 1968 , p. 34.
(5 ) OJ No  L 224, 16 . 8 . 1976, p . 2 .                              O OJ No L 145, 6. 6. 1975, p . 17.
 ---pagebreak--- 28 . 1 . 77                         Official Journal of the European Communities                            No L 24/49
                          Article 2                           rity for the skimmed-milk powder shipped, in accor­
                                                              dance with the conditions laid down in Article 1 (2),
1 . Delivery shall be effected to the port of                 (3) and (4) and having left the geographical territory of
unloading of Montevideo .                                     the Community and if the undertaking furnished a
2.     Embarkation shall take place as soon as possible       security for the sum of the advance, raised by 10 % .
on the 28 February 1977 at the latest.
                                                                                         Article 4
3.     Delivery cif shall be completed when the goods
are actually deposited on the quayside at the port of         The Dutch Government :
unloading or on board a lighter as the case may be .
                                                               1 . shall ensure that the agent designated by the
4. The recipient country shall bear all costs                      mutual agreement contract :
incurred after delivery including the costs of taking              (a) notifies the recipient organization , as soon as
delivery of the goods.                                                 possible after the goods have been loaded on
Any demurrage costs at the port of unloading attribu­                  board ship, of details of the ship, the loading
table to the recipient agency shall be borne by it. The                date, the quantity and quality of the goods as
rates and other details concerning such costs shall be                 recorded on shipment,
laid down in the contract between the Community                    (b) informs the recipient organization, at least 10
agent (designated by the mutual agreement contract                     clear days before arrival at the port of
specified in Article 3) and the carrier and must have                  unloading of the expected date of arrival,
been previously agreed upon by that and the recipi­                (c) has included in the terms of the charter-party a
ent's delivery agent.                                                  provision stipulating that the ship's captain
                                                                       shall , at least 72 hours in advance, notify the
5. A delivery certificate shall be issued on delivery                  country of destination of the ship's probable
by the receiving agent nominated by the recipient                      date of arrival in port ;
organization .
                                                               2. send to the Commission as soon as possible the
                          Article 3                                information specified in paragraph 1 (a) and (b).
1 . The amount to cover delivery costs to the port of                                    Article 5
unloading as referred to in Article 2 ( 1 ), including the
costs of insurances, shall be determined by the inter­         No refund or compensatory amount (whether mone­
vention agency concerned by mutual agreement on                tary or accession) may be granted in respect of skim­
the least onerous terms possible .                             med-milk powder supplied pursuant to this Decision .
2.     The intervention agency shall send immediately                                    Article 6
to the Commission a copy of the private contract.
                                                               This Decision is addressed to the Kingdom of the
3.      If, owing to circumstances beyond the control of       Netherlands .
the undertaking responsible for the delivery, the
submission of the attestation of delivery referred to in
Article 2 ( 5) is delayed, the competent agency may, on        Done at Brussels, 14 January 1977.
production of the supporting documents, grant an
advance .                                                                                  For the Commission
Such an advance may, however, not exceed 80 % of                                            Finn GUNDELACH
the sum agreed for the delivery and shall be paid only
subject to the undertaking concerned lodging a secu­                                           Vice-President
 ---pagebreak--- No L 24/ 50                          Official Journal of the European Communities                           28 . 1 . 77
                                                         ANNEX
                                            Skimmed-milk powder requirements
            (a) fat content :                                 1-5% maximum
            (b) water content :                               4 0 % maximum
            (c) total acidity in lactic acid :                015% 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