CELEX: 31975D0209
Language: en
Date: 1975-03-18 00:00:00
Title: Commission Decision of 18 March 1975 concerning the supply of skimmed-milk powder to the International Committee of the Red Cross as emergency food aid for Rwanda

11 . 4. 75                                  Official Journal of the European Communities                                  No L 90 /47
                                                      COMMISSION DECISION
                                                           of 18 March 1975
                concerning the supply of skimmed-milk powder to the International
                            Committee of the Red Cross as emergency food aid for Rwanda
                                                    (Only the Dutch text is authentic)
                                                              (75/209/ 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 ;
                                                                         HAS ADOPTED THIS DECISION :
Having regard to Council Regulation (EEC) No
804/68 (') of 27 June 1968 on the common organiza­
tion of the market in milk and milk products, as last
                                                                                                    Article 1
amended by Regulation (EEC) No 465/75 (-), and in
particular Article 7 (5) and Article 28 thereof ;
                                                                         1.     In accordance with Regulation ( EEC) No
                                                                         2721 / 72, 100 metric tons of skimmed-milk powder
Whereas Council Regulation ( EEC) No 2721 /72 (3) of                    bought in pursuant to Article 7 of Regulation ( EEC)
 19 December 1973 on the supply of skimmed-milk                          No     804/ 68  shall  be   delivered     to the  ICRC    for
powder as food aid , as amended by Regulation ( EEC)                     Rwanda .
No 2700 /73 (4 ), provides, inter alia , that ' 6 000 metric
tons of skimmed-milk powder should be made avail­
able    to  the    International       Committee      of the  Red        2 . The skimmed-milk powder shall , as regards
Cross ;                                                                 quality and packaging, satisfy the requirements laid
                                                                        down in Annex I to Commission Regulation ( EEC)
                                                                         No 1 1 08 /68 (5) of 27 July 1968 concerning the
Whereas Article 3 ( 1 ) (d) of that Regulation provides                  methods of public storage of skimmed-milk powder,
for the payment of a sum of money to cover delivery                     as last amended by Regulation ( EEC) No 1 636/74 (6).
costs, arrangements for such payment being approved
by the Community under the terms of the supply                          The packing of the skimmed-milk powder shall bear a
contract ; whereas such sums arc to be determined , as                   red cross 15 cm x 15 cm and be marked in letters at
paragraph 2 of that Article provides, by inviting                        least 1 cm high :
tenders or, having regard to the urgency of the situa­
tion , by mutual agreement, on the least onerous terms
possible ;                                                              ' Lait écrémé en poudre / Don de la Communauté
                                                                        économique européenne / Action du Comité interna­
                                                                         tional de la Croix-Rouge'.
Whereas , in view of the deterioration of the situation
in Rwanda and of the need for immediate aid , a
certain quantity of skimmed-milk powder should be                                                   Artide 2
delivered immediately by air, and a further quantity
should be shipped as soon as possible ; whereas it is
apparent that mutual agreement must be sought in                         1 . The skimmed-milk powder shall be collected
respect of the deliveries in question ;                                  from the Dutch intervention agency .
                                                                         2.     Delivery shall be made to Rwanda :
Whereas having regard to the stocks held by the inter­
vention agencies and to the situation of the market in                  (a ) free airport of Maastricht, on 20 March 1975 , for
skimmed-milk powder, it appears that the quantity in                          37 metric tons ,
question could be supplied by the Dutch intervention
agency ;
                                                                        (b) by sea , cif Mombasa , for 63 metric tons . The ship­
                                                                              ping shall take place as soon as possible and not
(')  OJ  No  L  14 «, 28 . 6 . 1968 , p. 13 .                                 later than 3 April 1975 .
(: ) O)  No  L  52, 28 . 2 . 1975, p. 8 .
(■') OJ  No  L 291 , 28 . 12 . 1972, p. 28                              (5 ) 0 ( No L 184, 29 . 7. 1968 , p. 34.
O    Ol  No  L 279 , 5 . 10 . 1973 , p. 1 .                             (<>) OJ No L 173 , 28 . 6 . 1974, p . 60 .
 ---pagebreak--- No L 90/48                             Official Journal of the European Communities                            11 . 4 . 75
                            Article 3                             Any costs in respect of delays in taking delivery at­
                                                                  tributable to the ICRC shall be for the account of the
1 . For the transport specified in Article 2 (2) (b), the         ICRC .
Dutch intervention agency shall notify the ICRC, as
soon as possible after the goods have left the port of
shipment, of details of the ship or the loading date,                                     Article 5
the quantity and quality of goods as recorded on ship­
ment, the date of unloading and the daily rate of                 The amounts to cover delivery costs to the stages speci­
unloading at the port.                                            fied in Article 2 (2) shall be determined by the Dutch
                                                                  intervention agency by mutual agreement on the least,
2. The Dutch intervention agency shall, at least 10               onerous terms possible.
clear days in advance, inform the ICRC of the
expected date of arrival of the ship at the port of
unloading and shall have included in the terms of the                                     Article 6
charter party a provision stipulating that the ship's
captain must, at least 72 hours in advance, inform the            The intervention agency shall immediately inform the
ICRC of the probable date of arrival of the ship in               Commission of the costs incurred .
port.
                                                                                          Article 7
                            Article 4
1.    The ICRC shall bear all costs subsequent to                 No refund or compensatory amount (whether mone­
delivery, including costs of taking delivery.                     tary or accession) shall be applied in respect of the
                                                                  skimmed-milk powder delivered pursuant to this Deci­
2.    Concerning carriage by sea :                                sion .
(a) delivery cif shall be completed when the goods are
    actually unloaded on the quayside or on to a                                          Article 8
    lighter if this method is used ;
(b) any demurrage costs, at the port of unloading in              This Decision is addressed to the Kingdom of the
    respect of delays attributable to the ICRC, shall be          Netherlands .
    for the account of the ICRC . The amount of these
    costs and detailed rules concerning them shall be
    as fixed in the contract between the Community
                                                                  Done at Brussels , 18 March 1975 .
    agent and the carrier, subject to prior agreement
    thereon between such agent and the ICRC recep­
    tion agent.                                                                              For the Commission
3 . Concerning carriage by air delivery shall be                                               P.J. LARDINOIS
completed when the goods are actually placed in the
warehouses of the airport of Maastricht.                                                 Member of the Commission
                                                         CORRIGENDA
               Corrigendum to Commission Regulation (EEC) No 913/75 of 8 April 1975 amending the
                               amounts applicable as compensatory amounts for cereals and rice
                            (Official Journal of the European Communities No L 88 of 9 April 1975)
              Page 12, Annex C, CCT heading No 11.06 B II, column IRL :
              for :   '0-352'
               read : ' 2-352 '.