CELEX: 31977D0090
Language: en
Date: 1977-01-14 00:00:00
Title: Commission Decision of 14 January 1977 on the supply, as a matter of urgency, of butteroil as food aid to the International Committee of the Red Cross for Lebanon

28 . 1 . 77                               Official Journal of the European Communities                            No L 24/ 53
                                                     COMMISSION DECISION
                                                         of 14 January 1977
                on the supply, as a matter of urgency, of butteroil as food aid to the Interna­
                                        tional Committee of the Red Cross for Lebanon
                                                  (Only the German text is authentic)
                                                             (77/90/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 ICRC for Lebanon
                                                                      in accordance with the provisions laid down in Regula­
 Having regard to Council Regulation (EEC) No                         tions (EEC) No 694/76 and (EEC) No 695/76.
 804/68 of 27 June 1968 on the common organization
of the market in milk and milk products ('), as last
amended by Regulation (EEC) No 559/76 (2), and in                                                 Article 2
 particular Articles 6 (7) and 28 thereof,
                                                                      1.     The butter to be used in the manufacture of
                                                                      butteroil shall be collected from the German interven­
Whereas Council Regulation (EEC) No 695/76 of 25                      tion agency.
March 1976 on the supply of milk fats under the 1976
food-aid programme to certain developing countries                    2. The butteroil shall satisfy the requirements as
and to certain international organizations (3), provides              regards quality and packing laid down in the Annex
 inter alia for a reserve of 3 640 tonnes of butteroil                to Commission Regulation (EEC) No 2247/75 of 29
obtained from butter kept by the intervention agen­                  August 1975 on the terms of invitations to tender for
cies ; whereas 800 tonnes of this reserve shall be attri­             the costs of manufacture and delivery of butteroil as
buted to the        International Committee of the Red                food aid to certain developing countries and to the
 Cross (ICRC) for Lebanon ; whereas ICRC has made a                  World Food Programme (5), as last amended by Regu­
 request for a delivery of this quantity for Lebanon ;                lation ( EEC) No 221 2/76 (6).
                                                                      It shall be packed exclusively in 5 kg canisters.
Whereas Council Regulation (EEC) No 694/76 of 25
March 1976 laying down general rules for the supply                   3 . The packing referred to in Chapter II (2) (b) of
of milk fats under the 1976 food-aid programme to                     the Annex stipulated in the preceding paragraph shall
certain developing countries and to certain interna­                  bear a red cross of 10 centimetres by 10 centimetres
tional organizations (4), stipulates in its Article 5 that           and in letters at least 1 cm high the following
the costs of delivery shall be determined by a                       wording :
tendering procedure, or, in the case of an emergency
action , by a procedure of mutual agreement ;                          Butteroil/ Don de la Communauté économique euro­
                                                                      péenne/Action du Comité International de la Croix­
                                                                      Rouge/Pour distribution gratuite au Liban '.
Whereas, in view of the need to provide immediate
aid, it is apparent that mutual agreement must be                                                 Article 3
sought in respect of this supply ;
                                                                      1.     Delivery shall be effected to the port of
                                                                     unloading of Beirut notwithstanding the provisions of
Whereas the measures provided for in this Decision                   Article 5 .
are in accordance with the opinion of the Manage­
ment Committee for Milk and Milk Products,
                                                                      2.     Delivery shall take place as soon as possible and
(')  OJ  No  L 148 , 28 . 6 . 1968 , p . 13,                          not later than 14 February 1977 .
(2 ) OJ  No  L 67, 15 . 3 . 1976, p . 9 .
(3)  OJ  No  L 83 , 30 . 3 . 1976, p . 6 .                           ( 5 ) OJ No L 229 , 30 . 8 . 197.5 , p . 60 .
O    OJ   No L 83 , 30 . 3 . 1976, p . 4 .                           (6) OJ No L 249 , 11.9 . 1976 , p . 5 .
 ---pagebreak--- No L 24/ 54                          Official Journal of the European Communities                              28 . 1 . 77
3 . Delivery to the port   of unloading shall be consid­       The intervention agency shall immediately inform the
ered as completed when     the goods are actually depo­        Commission of the new amount agreed upon .
sited on the quayside at   the port of unloading or on
lighters where the latter  method is used.                                               Article 6
4. The organization of destination shall bear all
                                                               The German Government shall :
costs subsequent to delivery including acceptance
costs .
                                                                1 . ensure that the agent designated by mutual agree­
                                                                    ment :
5. Any demurrage costs at the port of unloading
due to delays for which the recipient organization is               (a) notifies the recipient organization, as soon as
responsible shall be borne by it.                                       possible after the goods have been put on
The rates and conditions of such demurrage, laid                        board, of details of the ship, the loading date,
down in the contract between the Community agent                        and the quantity and quality of the goods, as
(designated in the private contract specified in Article                recorded on shipment,
4) and the carrier, must be agreed in advance between               (b) informs the recipient organization of the
the agent and the receiving agent of the recipient                      expected date of arrival at the port of
organization .                                                          unloading, at least 10 clear days in advance,
6 . On delivery to the port of unloading under the                  (c) has included in the terms of the charter-party a
conditions specified in paragraph 3, the organization                   provision stipulating that the ship's captain
of destination shall issue an attestation certifying that               shall, at least 72 hours in advance, notify the
the goods were received.                                                recipient organization of the ship's probable
                                                                        date of arrival in port ;
                        Article 4                              2. send to the Commission as soon as possible the
1 . The amount to cover the costs of delivery from                  information stipulated in paragraph 1 (a) and (b).
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                No refund or compensatory amount (whether mone­
terms possible.                                                tary or accession) shall be applied to the butteroil
                                                               supplied pursuant to this Decision .
2. The intervention agency shall forward to the
Commission forthwith a duplicate of the mutual agree­
                                                                                         Article 8
ment contract or contracts .
                                                               This Decision is addressed to the Federal Republic of
                        Article 5                              Germany.
If events in Lebanon make delivery to the port of
Beirut impossible, the intervention agency in question
shall deliver the goods to the port of Limassol                Done at Brussels, 14 January 1977.
(Cyprus).
                                                                                           For the Commission
In this case, the intervention agency shall, on submis­
sion of supporting documents, come to an agreement                                          Finn GUNDELACH
with the undertaking in charge of the delivery on an
increase of expenses compared with those initially set.                                        Vice-President