CELEX: 31976D0958
Language: en
Date: 1976-12-03 00:00:00
Title: Commission Decision of 3 December 1976 relating to the urgent supply of skimmed-milk powder to the World Food Programme as food aid for India

31 . 12 . 76                              Official Journal of the European Communities                         No L 364/ 53
                                                    COMMISSION DECISION
                                                       of 3 December 1976
               relating to the urgent supply of skimmed-milk powder to the World Food Programme
                                                       as food aid for India
                                                 (Only the Dutch text is authentic)
                                                           (76/958/EEC)
 THE COMMISSION OF THE EUROPEAN                                      determined by a tendering procedure or, in the case
 COMMUNITIES ,                                                       of an emergency action, by a procedure of mutual
                                                                     agreement ;
Having regard to the Treaty establishing the
 European Economic Community,                                        Whereas, in view of the need to provide rapid aid
                                                                     and because of the fact that the recipient agency has
 Having regard to Council Regulation (EEC )                          already made arrangements for the delivery to take
 No 804/68 of 27 June 1968 on the common organi­                     place, it is necessary to have recourse to a procedure
 zation of the market in milk and milk products (*),                 of mutual agreement for this supply ;
 as last amended by Regulation (EEC) No 559/76 (2 ),
 and in particular Articles 7 (5 ) and 28 thereof,                   Whereas the measures provided for in this Decision
                                                                     are in accordance with the opinion of the
Whereas Council Regulation (EEC) No 1299/76 of                       Management Committee for Milk and Milk
 1 June 1976 on the supply of skimmed-milk powder                    Products,
 as food aid to certain developing countries and
international      organizations under the               1976        HAS ADOPTED THIS DECISION :
programme (3) provides inter alia for 20 000 metric
tons of skimmed-milk powder to be made available
to the World Food Programme (WFP);
                                                                                              Article 1
Whereas, at the request of the WFP, an invitation to
 tender has been made for inter alia delivery of 1 000               1.   In accordance with the provisions of
metric tons of skimmed-milk powder, intended for                     Regulations (EEC) No 1298 /76 and (EEC)
various third countries, provided for in Commission                  No 1299/76, a lot of 1 000 metric tons of skimmed­
Regulation ( EEC) No 2480/76 of 12 October 1976                      milk powder shall be delivered to the WFP for India.
concerning an invitation to tender for the costs of
delivery of skimmed-milk powder as food aid to the                  2.    The skimmed-milk powder shall be taken from
World Food Programme for various third                              the Dutch intervention agency.
countries (4); whereas it was not possible for this
quantity of skimmed-milk powder to be delivered,
due to default by the tenderer ; whereas it shall be
                                                                                              Article 2
necessary to provide new measures for this supply ;
Whereas Article 5 of Council Regulation (EEC) No                     1.   The skimmed-milk powder shall meet the
1298/76 of 1 June 1976 laying down general rules                    requirements as to quality and packing laid down in
for the supply of skimmed-milk powder as food aid                    Annex I to Commission Regulation (EEC)
to certain developing countries and international                   No 1108/68 of 27 July 1968 on detailed rules of
organizations under the 1976 programme (5), as                       application for public storage of skimmed-milk
amended by Regulation (EEC) No 2017/76 (6),                         powder (7), as last amended by Regulation (EEC)
stipulates that the costs of delivery shall be                       No 1457/75 (8).
(!)  OJ  No L 148 , 28 . 6. 1968 , p . 13,                          2.    The intervention agency concerned shall supply
  2) OJ   No L 67, 15 . 3 . 1976, p . 9.                            a further 2 % of empty bags identical to those
 8)  OJ  No L 146, 4 . 6. 1976, p. 5 .                              containing the goods.
 4)  OJ  No L 282, 13 . 10 . 1976, p . 22 .
 3)  OJ  No L 146, 4. 6. 1976, p. 3 .                               (7) OJ No L 184, 29 . 7. 1968 , p. 34.
 6)  OJ  No L 224, 16. 8. 1976, p. 1 .                              (8) OJ No L 145, 6. 6. 1975, p . 17.
 ---pagebreak--- No L 364/54                         Official Journal of the European Communities                           31 . 12 . 76
3.    The intervention agency concerned shall have             2. The intervention agency shall forward to the
the following marking printed on the bags, in letters          Commission without delay a copy of such private
at least 1 cm high :                                           contract .
 'Skimmed-milk powder / Gift of the European                   3.    It shall pay to the WFP, within 30 days
Economic Community I World Food Programme                      maximum of the date on which the WFP takes
action / Bombay.'                                              delivery of the skimmed-milk powder, a flat-rate
                                                               contribution of 80 units of account per metric ton of
                                                               skimmed-milk powder supplied towards the cost of
                                                               forwarding and distributing such skimmed-milk
                                                               powder.
                        Article 3
                                                                                      Article 5
1.    Delivery shall be effected from a Community
port accessible for ocean-going ships and having a             No refund or compensatory amount ( whether
regular line to the recipient country, on a date to be         monetary or accession ) shall be applied in respect of
fixed by the intervention agency concerned and                 the skimmed-milk powder delivered pursuant to this
which must be later        than   2  and    earlier than       Decision .
 15 December 1976 .
2.    Delivery shall be considered as completed when                                  Article 6
the goods are deposited at the point of exportation
at the place designated by the WFP or its appointed            This Decision is addressed to the Kingdom of the
agent .                                                        Netherlands .
                                                               Done at Brussels , 3 December 1976.
                        Article 4
 1.   The Dutch intervention agency shall determine                                     For the Commission
the costs of forwarding the skimmed-milk powder by                                        P. J. LARDINOIS
concluding a private contract on the least onerous
terms possible.                                                                     Member of the Commission