CELEX: 31976D0469
Language: en
Date: 1976-05-04 00:00:00
Title: Commission Decision of 4 May 1976 relating to the urgent supply of skimmed-milk powder as food aid to the Republic of Guinea Bissau

19 . 5 . 76                                  Official Journal of the European Communities                           No L 130/41
                                                       COMMISSION DECISION
                                                              of 4 May 1976
                relating to the urgent supply of skimmed-milk powder as food aid to the Repu­
                                                          blic of Guinea Bissau
                                                     (Only the Dutch text is authentic)
                                                               (76/469/ EEC)
THE COMMISSION OF THE EUROPEAN                                           Article 7 of Regulation ( EEC) No 804/68 , shall be
COMMUNITIES,                                                             delivered to the Republic of Guinea Bissau .
 Having regard to the Treaty establishing the European                   2. The skimmed-milk powder shall be collected
 Economic Community,                                                     from the Dutch intervention agency.
 Having regard to Council Regulation ( EEC) No                           3.      The skimmed-milk powder shall meet the re­
 804/68 of 27 June 1968 on the common organization                       quirements as to quality and packing laid down in
of the market in milk and milk products ('), as last                     Annex I to Commission Regulation ( EEC) No
amended by Regulation ( EEC) No 559/76 (2), and in                        1 108 /68 of 27 July 1968 on detailed rules of applica­
 particular Articles 7 (5) and 28 thereof,                               tion for public storage of skimmed-milk powder (5), as
Whereas Council Regulation (EEC) No 2149/75 of 14                        last amended by Regulation (EEC) No 1457/75 (6).
August 1975 on the supply of skimmed-milk powder                         The packing of the skimmed-milk powder shall be
as food aid to Guinea Bissau and the Cape Verde                          marked in letters at least one centimetre high with the
 Islands under Regulation " ( EEC) No 3236/74 (3),                       words :
 provides for 250 metric tons of skimmed-milk
 powder, to be set aside from the reserve stock speci­                     Lait ecreme en poudre — Don de la Communauté
 fied in Council Regulation (EEC) No 3236/74 of 17                       économique européenne à la République de Guinée­
 December 1974 laying down general rules for the                          Bissau — A distribuer gratuitement.'
supply of skimmed-milk powder as food aid to the
countries of the Sahel and Ethiopia (4 ), to be made
available to the Republic of Guinea Bissau ; whereas                                                 Article 2
 this country has requested the supply of the above­
 mentioned quantity ;                                                     Delivery shall be cif Bissau . The shipping shall take
                                                                         place as soon as possible and not later than 20 May
Whereas Article 5 of Council Regulation ( EEC) No                         1976 .
3236/74 stipulates that the forwarding costs may be
determined by other procedures than a tendering
                                                                                                     Articlc 3
 procedure ;
Whereas, in view of the need to provide quick aid, it                     1.     Delivery cif shall be completed when the goods
is necessary for this supply to have recourse to a                       are actually taken from the hold of the ship at the
contract by mutual agreement ;                                           port of unloading.
Whereas the measures provided for in this Decision                       2.      The country of destination shall bear all costs
are in accordance with the opinion of the Manage­                        incurred after delivery including the unloading costs
ment Committee for Milk and Milk Products,                               (such as unstowing, hoisting, acceptance) and any
                                                                         lighter costs .
 HAS ADOPTED THIS DECISION :                                             3.      Any demurrage costs or dispatch money at the
                                                                         port or unloading shall be borne by or for the benefit
                              Article 1
                                                                         of the recipient country .
 1.     In accordance with the provisions of Regulations                 The rates and other details concerning such costs shall
(EEC) No 3236/74 and (EEC) No 2149/75, 250 metric                        be laid down in the contract between the Community
tons of skimmed-milk powder having been the                              agent (designated by the mutual agreement pursuant
subject of the intervention measures laid down in                        to Article 5) and the carrier and must have been previ­
                                                                         ously agreed upon by that agent and the country of
                                                                         destination .
(')  OJ  No  L 148 , 28 . 6 . 1968 , p . 13 .
(2 ) OJ  No  L 67, 15 . 3 . 1976, p . 9 .
(3 ) OJ  No  L 219 , 19 . 8 . 1975 , p . 2 .                             (5 ) OJ No L 184, 29 . 7 . 1968 , p . 34 .
(4   OJ  No  L 346, 24 . 12 . 1974, p . 4 .                              ( b) OJ No L 145 , 6 . 6 . 1975, p . 17 .
 ---pagebreak--- No L 130/42                        Official Journal of the European Communities                             19 . 5 . 76
4.     The country of destination shall issue a certifi­     referred to in Article 2 shall be determined by the
cate certifying acceptance of the goods on cif delivery      intervention agency concerned by mutual agreement
under the terms set out in paragraph 1 .                     on the least onerous terms possible .
                         Article 4
                                                             2. The intervention agency shall send immediately
                                                             to the Commission a copy of the private contract or
The Dutch Government shall :                                 contracts .
1 . ensure that the undertaking designated by the             In addition , it shall provide the Commission with full
mutual agreement shall :                                      information as to rates of dispatch and quantities
(a) notify the recipient, as soon as possible after the      dispatched .
     goods have been loaded on board ship, of details
     of the ship, the loading date, the quantity and                                   Article 6
     quality of the goods as recorded on shipment and
                                                              No refund or compensatory amount (whether mone­
     the port of unloading,
                                                              tary or accession) may be granted in respect of skim­
(b) at least 10 clear days in advance, inform the recip­      med-milk powder supplied pursuant to this Decision .
     ient of the expected date of arrival at the port of
     ship's unloading,                                                                 Article 7
(c) have included in the terms of the charter-party a
     provision stipulating that the ship's captain shall,     This Decision is addressed to the Kingdom of the
     at least 72 hours in advance, notify the recipient of    Netherlands .
     the ship's probable date of arrival in port ;
2. send to the Commission as soon as possible the             Done at Brussels, 4 May 1976.
 information specified in paragraph 1 (a) and (b).
                                                                                          For the Commission
                         Article 5
                                                                                            P.J. LARDINOIS
 1 . The amount to cover delivery costs from the
 storage depot of the intervention agency to the stage                                Member of the Commission