CELEX: 31977D0287
Language: en
Date: 1977-04-05 00:00:00
Title: Commission Decision of 5 April 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 the Philippines

19 . 4. 77                             Official Journal of the European Communities                            No L 95/29
                                                 COMMISSION DECISION
                                                       of 5 April 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 the Philippines
                                       (Only the French and Dutch texts are authentic)
                                                         (77/287/EEC)
THE COMMISSION OF THE EUROPEAN                                    Whereas, in view of the need to provide immediate
COMMUNITIES,                                                      aid, it is apparent that mutual agreement must be
                                                                  sought in respect of this supply ;
Having regard to the Treaty establishing the European
Economic Community,                                               Whereas the measures provided for in this Decision
                                                                  are in accordance with the opinion of the Manage­
Having regard to Council Regulation (EEC) No                      ment Committee for Milk and Milk Products,
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
particular Articles 7 (5) and 28 thereof,                         HAS ADOPTED THIS DECISION :
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                                            Article 1
certain developing countries and international organi­
zations under the 1976 programme (3), as amended by
Regulation (EEC) No 2017/76 (4), and in particular
Article 6 thereof,                                                 1 . In accordance with the provisions of Regulations
                                                                  (EEC) No 1298/76 and (EEC) No 2018/76, the
                                                                  Belgian intervention agency shall arrange delivery to
Whereas Council Regulation (EEC) No 2018/76 of 27                 the ICRC of one lot of 300 tonnes of vitaminized
July 1976 on the complementary supply of skimmed­                 skimmed-milk powder bought on the Community
milk powder to certain developing countries, interna­             market for the Philippines.
tional organizations and non-governmental organiza­
tions under the 1976 food7aid programme ^), provides
inter alia for 1 500 tonnes of skimmed-milk powder                2.     The skimmed-milk powder shall meet :
to be made available to the International Committee
of the Red Cross ; whereas the ICRC has requested                 — as to quality, the requirements set out in the
                                                                       Annex to this Decision ,
300 tonnes of vitaminized skimmed-milk powder for
the Philippines ;                                                 — as to packaging, the requirements set out in
                                                                       Annex I to Commission Regulation (EEC) No
Whereas Regulation (EEC) No 1298/76 provides in                        1 108 /68 of 27 July 1968 on detailed rules for
Article 2 (2) that, if the amounts of skimmed-milk                     public storage of skimmed-milk powder (6), as last
powder in public stocks do not have the characteris­                   amended by Regulation (EEC) No 1 457/75 (7).
tics necessary for their particular destination where
this requires, in particular, the addition of vitamins,           3 . In addition , the supplier designated by the
supply shall be ensured by the buying-in of skimmed­               private contract referred to in Article 3, shall supply
milk powder on the Community market ;                              5 % empty bags identical to those containing the
                                                                  goods. He shall undertake to have these bags
Whereas Article 5 of Regulation (EEC) No 1298 /76                  mentioned on the bill of lading.
provides that, for the purpose of determining the
forwarding costs, in case of emergency, a private                 4. The packaging of the skimmed-milk powder
contract may be concluded ;                                        shall bear a red cross of 10 cm by 10 cm and the
                                                                   following inscription in letters at least one centimetre
(') OJ  No L 148, 28 . 6. 1968 , p. 13 .                           high :
(') OJ  No L 67, 15. 3 . 1976, p. 9 .
(}) 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--- No L 95/ 30                        Official Journal of the European Communities                                19 . 4. 77
'Skimmed-milk powder containing vitamins A                   Such an advance may, however, not exceed 80 % of
(5 000 i.u . / 100 g) and " D" (500 i.u . / 100 g) / Gift of the sum agreed for the delivery and shall be paid only
the European Economic Community / Action of the              subject to the undertaking concerned lodging a secu­
International Committee of the Red Cross / For free          rity for the skimmed-milk powder shipped in accor­
distribution '.                                              dance with the conditions laid down in Article 1 (2) to
                                                             (4) and having left the geographical territory of the
                         Article 2                           Community and if the undertaking furnished a surety
                                                              to the sum of the advance raised by 10 % .
 1 . Delivery shall be effected to the port of
                                                                                        A rticle 4
 unloading of Manila .
 2. Embarkation shall take place as soon as possible         The Belgian Government :
 on 10 May 1977 at the latest.
                                                               1 . shall ensure that the agent designated by the
 3.    Delivery cif shall be completed when the goods              mutual agreement contract :
 are actually deposited on the quayside at the port of             (a) notifies the recipient organization, as soon as
 unloading, or on board a lighter, as the case may be.
                                                                       possible after the goods have been loaded on
 4. The recipient country shall bear all costs                         board ship, of details of the ship, the loading
 incurred after delivery, including the costs of taking                date, the quantity and quality of the goods as
 delivery of the goods . Any demurrage costs at the port               recorded on shipment ;
 of unloading attributable to the recipient agency shall           (b) informs the recipient organization , at least 10
 be borne by it. The rates and other details concerning                clear days before arrival at the port of
 such costs shall be laid down in the contract between                 unloading, of the expected date of arrival ;
 the Community agent (designated by the mutual agree­              (c) has included in the terms of the charter-party a
 ment contract specified in Article 3) and the carrier                 provision stipulating that the ship's captain
 and must have been previously agreed upon by that                     shall, at least 72 hours in advance, notify the
 and the recipient's delivery agent.                                   recipient organization of the ship's probable
 5. A delivery certificate shall be issued on delivery                 date of arrival in port ;
 by the receiving agent nominated by the recipient             2. send to the Commission as soon as possible the
 country.                                                          information specified in paragraph 1 (a) and (b).
                         Article 3
                                                                                        Article 5
 1 . The amount to cover delivery costs to the port of         No refund or compensatory amount (whether mone­
 unloading referred to in Article 2 ( 1 ) including the        tary or accession) may be granted in respect of skim­
 insurance costs shall be determined by the interven­          med-milk powder supplied pursuant to this Decision .
 tion agency concerned, by mutual agreement, on the
 least onerous terms possible . This shall only result in                               Article 6
 the payment of this amount on presentation of the
 delivery certificate provided for in Article 2 (5).          This Decision is addressed to the Kingdom of
                                                               Belgium .
 2. The intervention agency shall send immediately
 to the Commission a copy of the private contract or
 contracts .                                                   Done at Brussels, 5 April 1977.
 3.    If, owing to circumstances beyond the control of
                                                                                           For the Commission
 the undertaking responsible for the delivery, the
 submission of the attestation of delivery referred to in                                   Finn GUNDELACH
 Article 2 (5) is delayed, the competent agency may
 grant an advance.                                                                              Vice-President
 ---pagebreak--- 19 . 4. 77                          Official Journal of the European Communities                           No L 95/31
                                                        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 content :
                (aa) vitamin A :                             5 000 i.u . per 100 g minimum
                (bb) vitamin D :                             500 i.u. per 100 g minimum