CELEX: 31975D0312
Language: en
Date: 1975-05-06 00:00:00
Title: Commission Decision of 6 May 1975 relating to the emergency supply of skimmed-milk powder to UNICEF by way of food aid to Vietnam

5 . 6 . 75                            Official Journal of the European Communities                             No L 144/23
                                                 COMMISSION DECISION
                                                        of 6 May 1975
               relating to the emergency supply of skimmed-milk powder to UNICEF by way of food
                                                        aid to Vietnam
                                               (Only the German text is authentic)
                                                         (75/312/EEC)
 THE COMMISSION OF THE EUROPEAN                                    2. "With regard to quality and packing, the
 COMMUNITIES ,                                                     skimmed-milk powder shall meet the requirements
                                                                   laid down in Annex I to Commission Regulation
 Having regard to the Treaty establishing the                      (EEC) No 1108/68 (4) of 27 July 1968 on detailed
 European Economic Community;                                      rules of application for public storage of skimmed­
                                                                   milk powder, as last amended by Regulation (EEC)
 Having regard to Council Regulation (EEC) No 804/                 No 1093 /75 (*).
 68 (*) of 27 June 1968 on the common organization of
 the market in milk and milk products, as last                     The intervention agency concerned shall attach a
 amended by Regulation (EEC) No 740/75 (2), and in                 label to the packaging with the following words in
 particular Articles 7 (5 ) and 28 thereof;                        letters of a height of not less than 1 cm :
 Whereas Council Regulation (EEC) No 1035/75 (3)
 of 21 April 1975 laying down general rules for the                'Lait écrémé en poudre — Don de la Communauté
 supply of skimmed-milk powder under the 1975                      économique européenne — Distribution gratuité'.
 food- aid programme to the United Nations
 Children's Fund (UNICEF) for those affected by the                                             Article 2
 events in South Vietnam lays down that 590 metric
 tons of skimmed-milk powder should be supplied to                  1.        The skimmed-milk powder shall be removed
 UNICEF from the stocks held by the intervention                   from the German intervention agency.
  agencies ; whereas UNICEF has requested an
 emergency supply of 500 metric tons of skimmed­
 milk powder which may be made available by the                    2.        Delivery shall be effected :
 German intervention agency;
                                                                    ( a) free at an airport within the Community, to be
  Whereas Article 3 of Regulation (EEC) No 1035/75                          designated by the Commission, to the amount of
  lays down that the costs of transporting the                              100 metric tons ;
  skimmed-milk powder should be borne by the                        ( b) cif Singapore, to the amount of 100 metric tons ;
  Community; whereas, furthermore, it is laid down in
  Article 4 that, in view of the urgency of the                     (c) cif Haiphong, to the amount of 300 metric tons.
  situation, private contracts may be used;
  Whereas the measures provided for in this Decision                Shipment shall take place as soon as possible and at
  are in accordance with the Opinion of the                         the latest on 20 May 1975 .
  Management       Committee       for    Milk   and     Milk
  Products,                                                                                      Article 3
   HAS ADOPTED THIS DECISION :                                       1 . In respect of the transportation referred to in
                                                                    Article 2 (2) (b) and (c), the German intervention
                             Article 1                              agency shall send to UNICEF, as soon as possible
                                                                    after the goods have left the loading port, a note
   1 . In accordance with Regulation (EEC) No 1035/                 indicating the name of the vessel and the date of
  75, 500 metric tons of skimmed-milk powder which                  loading, the quantity and quality of the goods
   has been subject to intervention as laid down in                 recorded at the time of loading and the unloading
   Article 7 of Regulation (EEC) No 804/68 and is                   port.
   intended for those affected by the events in Vietnam
   shall be delivered to UNICEF.                                    2.        The German intervention agency shall inform
                                                                     UNICEF of the presumed date of arrival of the vessel
    (!) OJ No L 148, 28. 6. 1968, p. 13 .
    (2) OJ No L 74, 22. 3 . 1975, p. 1 .                              ( 4 ) OJ No L 184, 29 . 7. 1968 , p. 34.
    (») OJ No L 103, 23. 4. 1975, p. 1 .                              (5 ) OJ No L 109, 29. 4. 1975, p. 5 .
 ---pagebreak--- No L 144/24                          Official Journal of the European Communities                              5 . 6. 75
at the unloading port not less than 10 full days               2 . The intervention agency shall communicate
before that date and shall include in the charter­             immediately to the Commission a copy of the private
party a provision under which the captain must                 contract .
inform UNICEF not less than 72 hours in advance of
the probable date of arrival of the vessel in port.                                     Article 6
                           Article 4                            1.    Upon a request from the Commission
                                                               designating a port other than those named in Article
1 . UNICEF shall bear all costs subsequent to                  2 ( b ) and ( c), the German intervention agency may,
delivery, including costs of taking delivery.                  with the agreement of the designated transport
                                                               undertaking deliver the skimmed-milk powder to the
2.       In respect of transport by sea :                      new designated port.
( a) cif delivery shall be completed when the goods            2 . In such a case, the German intervention agency
       are actually placed on the quay or on the lighter,      shall agree with the transport undertaking upon the
      where use is made of that method ;                       reduction or increase in the costs in relation to those
                                                               originally agreed upon.
( b ) any demurrage costs in respect of delays at the
      unloading port attributable to UNICEF shall be           3.     The intervention agency shall inform the
      for the account of UNICEF. The amounts of                Commission immediately of the agreed new amount
      such costs and the rules relating thereto laid           of costs .
      down in the contract between the Community
      agent and the transport undertaking must have                                     Article 7
      been previously agreed upon by that agent and
      the UNICEF consignee.                                    No refund or compensatory amount (whether
                                                               monetary or accession) shall be granted in respect of
3 . In respect of transport by air, delivery shall be          the skimmed-milk powder delivered pursuant to this
                                                               Decision .
completed when the goods are actually placed at the
airport referred to in Article 2 (2) ( a).
                                                                                        Article 8
Any costs in respect of delays in taking delivery              This Decision is addressed to the Federal Republic of
attributable to UNICEF shall be for the account of
                                                               Germany.
UNICEF.
                           Article 5                           Done at Brussels, 6 May 1975 .
1 . The amount to cover delivery costs up to the                                         For the Commission
stages referred to in Article 2 (2) shall be determined
                                                                                           P.J. LARDINOIS
by the German intervention agency by mutual
agreement on the least onerous terms possible.                                        Member of the Commission