CELEX: 31977D0200
Language: en
Date: 1977-02-28 00:00:00
Title: Commission Decision of 28 February 1977 relating to the urgent supply to the World Food Programme of vitaminized skimmed-milk powder to be bought on the Community market, for use as food aid for the Philippines

8 . 3 . 77                              Official Journal of the European Communities                            No L 62/27
                                                    COMMISSION DECISION
                                                        of 28 February 1977
                relating to the urgent supply to the World Food Programme of vitaminized
                skimmed-milk powder to be bought on the Community market, for use as food
                                                      aid for the Philippines
                                                 (Only the German text is authentic)
                                                            (77/200/ 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
                                                                      ment Committee for Milk and Milk Products,
 particular Articles 7 (5) and 28 thereof,
 Having regard to Council Regulation (EEC) No
  1298/76 of 1 June 1976 laying down general rules for                 HAS ADOPTED THIS DECISION :
 the supply of skimmed-milk powder as food aid to
 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 1
 Article 6 thereof,
                                                                       1.     In accordance with the provisions of Regulations
Whereas Council Regulation (EEC) No 2018/76 of 27                     (EEC) No 1298/76 and (EEC) No 2018/76, the
July 1976, on the complementary supply of skimmed­                    German intervention agency shall arrange delivery to
 milk powder to certain developing countries, interna­                the WFP of one lot of 432 tonnes of vitaminized skim­
 tional organizations and non-governmental organiza­                  med-milk powder bought on the Community market
 tions under the 1976 food-aid programme ^), provides                 for the Philippines.
 inter alia for 10 000 tonnes of skimmed-milk powder
 to be made available to the World Food Programme                     2.      The skimmed-milk powder shall meet :
(WFP) ; whereas the WFP has requested delivery of
432 tonnes of vitaminized skimmed-milk powder for
 the Philippines ;                                                    — as to quality, the requirements set out in the
                                                                            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                          1 108 /68 of 27 July 1968 on detailed rules for
 powder in public stocks do not have the characteris­                       public storage of skimmed-milk powder (6), as last
 tics necessary for their particular destination where                      amended by Regulation (EEC) No 1457/75 (7).
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. l.V                            goods.
(2)   OJ  No L 67, 15. *. 1976, p. 9 .
(3 )  OJ  No L 146, 4. 6. 1976, p.
(■»)  OJ  No L 224, 16. 8 . 1976, p. 1 .                              (b) OJ No L 184, 29 . 7. 1968 , p. 34.
(5 )  OJ  No L 224, 16. 8 . 1976, p. 2 .                              ( 7) OJ No L 145, 6 . 6. 1975, p. 17.
 ---pagebreak--- No L 62/28                             Official Journal of the European Communities                               8 . 3 . 77
4. The packaging of the skimmed-milk powder                        2. The intervention agency shall forward to the
shall bear the following wording in letters at least one           Commission without delay a copy of such contract.
centimetre high :
                                                                   3 . The intervention agency shall pay to the WFP
'Skimmed-milk powder enriched with vitamins A and                  within 30 days maximum from the day .on which he
D / Gift of the European Economic Commu­                           takes delivery of the skimmed-milk powder a flat-rate
nity / World Food Programme Action / Manila.'                      contribution of 80 units of account per tonne of vitam­
                                                                   inized skimmed-milk powder supplied .
                          Article 2
                                                                                           Article 4
1.    Delivery shall be made to a port to be designated
in the tender, chosen from among ports in the                      No refund or compensatory amount (whether mone­
Community accessible for ocean-going ships having a                tary or accession) shall be granted in respect of the
regular service with the recipient country.                        vitaminized skimmed-milk powder delivered pursuant
                                                                   to this Decision .
2. Delivery at the port of embarkation shall take
place on a date to be fixed by the German interven­
tion agency and which must be later than 25 March                                          Article 5
and earlier than 10 April 1977.
                                                                   This Decision is addressed to the Federal Republic of
3 . The goods shall be considered as delivered when                Germany.
they are actually deposited at the place of export at a
point designated by the WFP or its agent.
                                                                   Done at Brussels, 28 February 1977.
                          Article 3
                                                                                              For the Commission
1 . The German intervention agency shall
determine the forwarding costs of the vitaminized                                              Finn GUNDELACH
skimmed-milk powder by concluding a private
contract on the least onerous terms possible .                                                    Vice-President
                                                           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° Domic)
             (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
             (I) 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