CELEX: 31976D0969
Language: en
Date: 1976-12-08 00:00:00
Title: Commission Decision of 8 December 1976 on the supply, as a matter of urgency, of butteroil as food aid to UNICEF

31 . 12 . 76                                Official Journal of the European Communities                           No L 364/ 69
                                                      COMMISSION DECISION
                                                          of 8 December 1976
                         on the supply, as a matter of urgency, of butteroil as food aid to UNICEF
                                                   (Only the German text is authentic)
                                                              (76/969/EEC )
THE COMMISSION OF THE EUROPEAN                                         HAS ADOPTED THIS DECISION :
COMMUNITIES ,
Having regard to the Treaty establishing the                                                    Article 1
European Economic Community,
                                                                       A lot of 144 metric tons of butteroil shall be
Having regard to Council Regulation (EEC)                              delivered to UNICEF for the Yemen in accordance
No 804/68 of 27 June 1968 on the common                                with the provisions laid down in Regulations (EEC)
organization of the market in milk and milk                            No -694/76 and (EEC) No 695 /76 .
products (*), as last amended by Regulation (EEC )
No 559/76 (2), and in particular Articles 6 (7) and 28
thereof,                                                                                        Article 2
Whereas in accordance with Council Regulation                          1.     The butter to be used in the manufacture of
 (EEC) No 695 /76 of 25 March 1976 on the supply                       butteroil   shall  be    collected    from the  German
of milk fats under the 1976 food-aid programme to                      intervention agency.
certain developing countries and to certain
international         organizations (3 ),           Commission         2 . The butteroil shall satisfy the requirements as
Regulation (EEC ) No 2585 /76 of 25 October                            regards quality and packing laid down in the Annex
 1976 (4) provided inter alia for an invitation to                     to Commission Regulation (EEC) No 2247/75 of
tender for supplying one lot of 144 metric tons of                     29 August 1975 on the terms of invitations to
butteroil to UNICEF for the Yemen ; whereas this                       tender for the costs of manufacture and delivery of
tendering procedure had to be cancelled ; whereas                      butteroil as food aid to certain developing countries
new arrangements must be made for this supply ;                        and to the World Food Programme (6), as last
                                                                       amended by Regulation (EEC) No 2212/76 (7 ).
Whereas Council Regulation (EEC) No 694/76 of                          It shall be packed exclusively in five kilogramme
25 March 1976 laying down general rules for the                        canisters .
supply or manufacture and delivery of butteroil as
food aid to certain developing countries and to the                    3 . As regards the wording to be stated on the
World Food Programme ( 5 ) stipulates, in its Article 5 ,              packing, the statement specified in Chapter II (2 ) (b )
that the costs of delivery shall be determined by a                    of the Annex stipulated in the preceding paragraph
tendering procedure, or, in the case of an emergency                   shall be the following :
action, by a procedure of mutual agreement ;
                                                                       'Butteroil / Gift of the European              Economic
Whereas, in view of the need to provide immediate                      Community / Action of UNICEF.'
aid, it is apparent that mutual agreement must be
sought in respect of this supply ;
                                                                                                Article 3
Whereas the measures provided for in this Decision
are in accordance with the opinion of the
Management Committee for Milk and Milk                                 1.     Delivery shall be effected to the port of
Products,                                                              unloading of Aden .
I1 ) OJ   No L 148 , 28 . 6 . 1968 , p . 13 .                          2.     Delivery shall take place as soon as possible
(2)  OJ  No  L 67, 15 . 3 . 1976, p . 9 .                              and not later than 15 January 1977.
(3)  OJ   No L 83 , 30. 3 . 1976, p . 6.
(4)  OJ   No L 295, 26. 10. 1976, p . 13,                              (6) OJ No L 229, 30. 8 . 1975, p. 60.
(5)  OJ   No L 83 , 30. 3 . 1976, p . 4 .                              (7 ) OJ No L 249 , 11 . 9 . 1976, p . 5 .
 ---pagebreak--- No L 364/70                       Official Journal of the European Communities                              31 . 12. 76
3 . Delivery to the port of unloading shall be               1 . ensure that the undertaking designated by mutual
considered as completed when the goods are actually              agreement :
deposited on the quayside at the port of unloading
or on lighters where the latter method is used.                  ( a) notifies the organization of destination, as
                                                                       soon as possible after the goods have left the
4.      The organization of destination shall bear all                 port of shipment, of details of the ship, the
costs subsequent to delivery including acceptance                      loading date, and the quantity and quality of
costs .
                                                                       the goods , as recorded on shipment;
                                                                 ( b ) informs the organization of destination of the
5.      Any demurrage costs at the port of unloading                   expected date of arrival at the port of
due to delays for which the recipient organization is                  unloading, at least 10 clear days in advance ;
responsible shall be borne by it.
                                                                 ( c) has included in the terms of the charter­
The rates and conditions of such demurrage, laid                       party a provision stipulating that the ship's
down in the contract between the Community agent                       captain shall, at least 72 hours in advance,
( designated in the private contract specified in                      notify the organization of destination of the
Article 4) and the carrier, must be agreed in advance                  ship's probable date of arrival in port;
between the agent and the receiving agent of the
recipient organization.                                      2. send to the Commission as soon as possible the
                                                                 information stipulated in paragraph 1 ( a) and (b).
6 . On delivery to the port of unloading under
the conditions specified in paragraph 3 , the
organization of destination shall issue an attestation                                 Article 6
certifying that the goods were received .
                                                             No refund or compensatory amount                (whether
                                                             monetary or accession) shall be applied to the
                       Article 4                             butteroil supplied pursuant to this Decision .
1.     The amount to cover the costs of delivery from
the storage depot of the intervention agency until
the stage specified in Article 3 ( 1 ) shall be                                        Article 7
determined by the intervention agency concerned by
means of a mutual agreement procedure on the least           This Decision is addressed to the Federal Republic
onerous terms possible .                                     of Germany.
2. The intervention agency shall forward to the
Commission forthwith a duplicate of the mutual               Done at Brussels, 8 December 1976.
agreement contract or contracts.
                                                                                        For the Commission
                       Article 5
                                                                                           P. J. LARDINOIS
The German Government shall :                                                       Member of the Commission