CELEX: 51975PC0029
Language: en
Date: 1975-01-27
Title: Proposal for a COUNCIL DECISION concerning the financing by the Community of certain expenditure on food aid for Somalia supplied under the 1974/1975 programme#Proposal for a REGULATION (EEC) OF THE COUNCIL derogating from Regulation (EEC) No 1693/72 in respect of the procedures laid down for the mobilization of food aid to Somalia#Proposal for a REGULATION (EEC) OF THE COUNCIL on the supply of skimmed milk powder as food aid to Somalia under Regulation (EEC) No 1826/74#Proposal for a REGULATION (ESC) OF THE COUNCIL on the supply of butteroil as food aid to Somalia under Regulation (EEC) No 530/74#Proposal for a REGULATION (EEC) OF THE COUNCIL laying down general rules for the supply of skimmed milk powder as food aid to Somalia Proposal for a REGULATION (EEC) OF THE COUNCIL laying down general rules for the supply of milk fats as food aid to Somalia#Proposal for a COUNCIL DECISION on the opening of negotiations with Somalia for the supply of skimmed milk powder and butteroil as emergency food aid and on the advance implementation of the agreement negotiated with that country (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 29
Vol. 1975/0013
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 ---pagebreak---     COMMISSION OF THE EUROPEAN COMMUNITIES
                                                            COM(75 ) 29 final
                                                            Brussels , 27 January 1975
                                   Proposal for a
                                  COUNCIL DECISION
         concerning the financing by the Community of certain expenditure
          on food aid for Somalia supplied under the 1974/1975 programme
                                   Proposal for a
                           REGULATION ( EEC) OF THE COUNCIL
          derogating from Regulation (EEC) Ho 1693/72 in respect of the
         procedures laid down for the mobilization of food aid to Somalia
                                   Proposal for a
                           REGULATION ( EEC) OF THE COUNCIL
               on the supply of skimmed milk powder as food aid to
                    Somalia under Regulation ( EEC) No 1826/74
                                      M
                                   Proposal for a
                           REGULATION ( ESC) OF THE COUNCIL
                 on the supply of butteroil as food aid to Somalia
                          under Regulation ( EEC) No 530/74
                                   Proposal for a
                           REGULATION (EEC) OF THE COUNCIL
               laying down general rules for the supply of skimmed
                         milk powder as food aid to Somalia
                                   Proposal for a
                           REGULATION ( EEC) OF THE COUNCIL
   laying down general rules for the supply of milk fats as food aid to Somalia
                                   Proposal for a
                                  COUNCIL DECISION
          on the opening of negotiations with Somalia for the supply of
          skimmed milk powder and butteroil as emergency food aid and on
     the advance implementation of the agreement negotiated with that country
                     ( submitted to the Council by the Commission)
COM(75) 29 final
 ---pagebreak---                             VIII/40 ( 75) -B-4-E
     Communication from the
Commission to the Council
concerning emergency food
     sid for Somalia
 ---pagebreak---                                                       VIII/40 ( 75 )-B-4-E
  1 . General
  In spite of decisions taken internationally the food, situation in
  Somalia has continued to deteriorate badly in recent weeks .      For this •
  reason the Government of Somalia has renewed its appeal to the
  Community for food aid and the Commission considers that the Community
  should meet this request immediately .
Granted , some decisions have already been taken by the Community
                      1
 regarding food aid .     They include :
     The transfer to emergency aid of 7 000 metric tons of aid in the
     form of cereals included in the 1972 /73 programme ,
     The allocation of 500 metric tons of butteroil and 400 metric tons
                             2
     of skimmed milk powder ,
     The air freight of 72 metric tons of skimmed milk powder and 34
'    metric tons of butteroil .
However , these decisions were taken on the basis of information submitted
at the beginning of November by the Somali Government and the appropriate
international agencies , which gave the number of people requiring food aid
as 50 000 .    The basis for this estimate was the expectation that the
December harvest would not fall too far below the average and the fact
tha.t hundreds of thousands of nomads had been encouraged by the Somali
authorities to go to Ethiopia where there had been rain .
It is evident from the latest reports sent by the Government of Somalia ,
the Deputy Controller of the EDF , the UNDRO and the International Committee
of the Red Cross that the situation has deteriorated rapidly .        This
deterioration has been caused in particular by the very small cereal
harvest in December (barely 10 000 metric tons instead of 50 000 metric
tons , the normal figure) and by the gradual return of the nomads from
Ethiopia where the rain was not so plentiful as forecast .       For this reason
the number of people requiring assistance is expected to be 200 000 in
January end could far exceed this figure in the future .     Consequently ,
the problem of feeding these people assumes a different dimension and is
even more acute , at least until the next harvest , in August 1975 *
    Plus financial decisions : payment of a. financial contribution of 240 000 u.a .
     in addition to the 1 000 000 u.a. direot aid from the Community to form part
    of the first tranche of the United Nations Emergency Operation.
2 -r    . ..               '
     Including 50 metric tons through the International Committee of the Red Cross
 ---pagebreak---                                         - 2 -              VITI/40 ( 75)-B-4-E
 2.      Breakdown of recmirements
  ( a.) Cereal requirements
 According to information forwarded by the PAO it seems that 125 000 metric
 tons will he needed in the first eight months of 1975 » of which 10 000 metric
 tons will he covered by local December production . 15 000 metric tons will be
                                                                 1
purchased and 53 500 metric tons will be supplied as food aid • A further
 46 500 metric tons must therefore be found .
 (b) Milk products requirements
They have been assessed as follows by the Somali Government :
- 6 000 metric tons of butteroil ^. To meet these requirements 2 000 metric
     tons are being imported and the Government hopes to obtain a further
     3 000 metric tons . The EEC is being requested to consider whether it could
     supply the remaining 1 000 metric tons .
- 9 600 metric tons of skimmed milk powder^. The Government hopes to receive
     approximately 3 000 metric tons from donors other than the EEC which leaves
     approximately 6 600 metric tons that the EEC is being requested to supply .
 ( c) The assessments set out above give the net requirements of cereals and
milk products as they can be calculated at the present time but it is to be
feared that they will have to be reviewed at regular intervals to take account
of changes in the basic factors , such as the aid actually supplied by other
donors , the number of persons to be fed , the possible extension beyond August
of the period during which relief will be- required , the shipping and distribution
facilities actually available etc .
     WFP                6 300 t ( grain sorghum and maize)
    EEC               12 000 t ( cereals )
     China
     _        _ . .
                       4& 000 t (y 11 ()
     Great Britain     8 000 t ( " )
     Italy            10 000 t ( " )
    GDR                   500 t   (  11     )
    FRG                2 700 t    (  "      )
     Sudan              1 000 t ■    "      )
    Sweden
    USSR
                       45 000 t (
                          000 t (
                                     "
                                     "
                                           ))
    TOTAL             53 500 t
2
     In the estimation of the Somali Government the figure should be 52 000 metric
    tons .
^ To assess the significance of these figures it should be noted that these
    quantities would enable 1 000 000 people to be fed for eight months allowing
    them a daily ration of 25 g of butteroil and 40 g of skimmed milk powder .
 ---pagebreak---                                           - 3 -              VIII/40 ( 75 )-B-4-E
 3.      Commission proposals
                                                      1
The Commission , which agrees with the Resolution       adopted recently "by the
European Parliament , "believes that a decision should be taken quickly as
 evidence of the Community*s determination to give essential aid to an
 associated country which is in serious need while still ensuring that the        '
 operations are carried out in the "best manner possible .
The situation will have to "be closely followed during the coming weeks ,
particularly through the continual contact that the Commission is to maintain
with the Somali Government , the competent international agencies and the
Deputy Controller whose assistance has been requested by the Commission .
For this reason the Commission believes that the Community should decide
 as soon as possible to take the following action :
 ( a ) Allocation and immediate dispatch of the following quantities :
         15 000 metric tons of cerea.ls ,
            710 metric tons' of skimmed milk powder ,
            150 metric tons of butteroil .
The 15 000 metric tons of cereals would replace the 10 000 metric tons already
proposed by the Commission under the 1974/75 programme ; the additional 5 000
metric tons would be taken from the reserve ( of which the proposed volume
amounted to 60 000 metric tons ).
The 710 metric tons of skimmed milk powder and the 15O metric tons of butteroil
represent quantities still available from the reserves of the 1974 programmes
( see Annex on the state of the reserves at 15 January 1975) •
These supplies would be delivered cif and the Somali Government might , as in
the case of the countries of the Sahel and of the direct aid of 350 metric
tons of milk and 500 metric tons of butteroil already allocated to Somalia ,
receive a lump-sum contribution to cover delivery costs to the points of
destination .
(b)      Creation of a reserve for additional supplies , to be used by the Commission
partially or wholly according to need , in agreement with the Somali Government
a.nd in coordination with the appropriate international bodies , consisting of :
      •• 10 000 metric tons of cereals ,
          2 000 metric tons of skimmed milk powder ,
            850 metric tons of butteroil .
    cf OJ Ifo C 155 , 9 December 1974 » P * 20 .
 ---pagebreak---                                                           VIII/40/7 5-B-/I-E
 The edditional 10 000 metric tons of cereals would cover 505» of presently
 estimated net requirements .
Similarly , these 2 000 metric tons of skimmed milk powder plus the 710
metric tons previously mentioned pnd the 400 metric tons already allocated
"by the Community would cover approximately half of the net requirements
communi cat ed .
The 85O metric tons of butteroil would together with the 150 metric tons
mentioned in (?) meet the request of the Somali Government .
These quantities would "be delivered cif as in the c?se of previous supplies
and there would be the possibility of a lump-sum contribution to the internal
transport costs .   They would "he taken :
- in the case of cereals , from the reserve for the 1974/75 programme ;
-   in the esse of skimmed milk powder and butteroil , from the quantities
    allocated to the programmes to be proposed in the near future to the
    Council , fixed under the 1975 budget at 55 000 metric tons of milk
    and 45 000 metric tons of butteroil .
( c) Advance supply of the ? id , i.e. upon conclusion of the negotiations
between the Community and the recipient country.
 ---pagebreak---                                                                                           VÏII/40 ( 75 )-B-4-E
                                                                                          A¥W,X I
                                            FINANCIAL A1KX
                                   Budgetary cost and ai>proDriation
         Products and            Quantity            Unit price        Total value          Budget ary ■
        nature of cost         (metric tons )              u.a./t    (million u.a .)      appropriation
                          I
                          I
    I.   AID FOR IMMEDIATE DELITERY
    Cereals
    raw material                  15 000                  140               2.10           ) 75 Budget
    transport                     15 000                   80                1.20
                                                                                           ) Items 9201 ,
                                                                                           ) 6001 , 6101
                                                I
   Skimmed milk                                 I                  I
                                                                   !     . .
       powder                                                      !
   raw material              I       710                  835-5         . O.59         !■  ) 75 Budget
   transport                         710                  160              0-11        !   < Item 92 104 • I
   Butteroil
   raw material                       150            2 351 3               0.35            ) 75 Budget
   transport                         150        |         190              0.03            < Item 92 104
   Subtotal                                                                4.38
   II . AID IN RESERVE
                                                                  ι
                                                                                     I
   Cereals                                        •   · ·         ι                  I
                                                                                     I
                            I
   raw material             J     10 000      ]           140              1 . 40          ) 75 Budget
   transport                      10 000      !            80              0.80
                                                                                           ) Items 9201
                            l                                                              ) 6001 , 6101
   Skimmed milk
      powder
   raw material                    2 000                  835-5            1.67            ) 75 Budget
                                   2 000            •" 160                 0.32
                                                                                           ) Items 9211 »
   transport
                                                                                           ) 6201
   Butteroil
   raw material                      850            2 351 3                2.00            ) 75 Budget
                                     850                                   0.16            ) Items 9212
   transport                                              190                              ) 6201
   Subtotal                                                                6.35
   TOTAL                                                                 10.73
     Market price ( 136 u.a. /t ) assessed at the average target price for the period from
     January to July 74 plus delivery to the fob stage (4 u.a. /t ).
2
"5
     74/75 intervention price : 829.5 u.a. /t plus deliveiy to the fob stage (6 u.a./t ).
     Derived intervention price including processing costs :. 2 345 u.a./t plus delivery "to
     the fob stage (6 u.a./t ).
4 Appropriations carried forward from Article 903 of the 1974 budget .
 ---pagebreak---                                                                 vm/40 (75)-B-4-E
                                                                 annex TT
  SITUATION AT 15 JAMTARY 1975 OF THE SKIMMED MILK POWDER AND BUTTER OIL
  RESERVES PROVIDED FOR ITT THE 197A FOOD AID PROGRAMMES
                                                                       metric tons
                                      Skimmed milk
                                                                  Butteroil
                                         powder         !                   _      I
                                I
   A. Quantities in reserve     !I                6 000                     4 400
   B. Allocations decided on       Cyprus           200     Cyprus            200
      by the Council               Honduras          90     Upper Volta       800
                                 ! Upper Volta      700 ι Mali                150
                                 | Mali             900   j Mauritania      1 000   !
I                                \                        I
                                                    800 | Senesi
i                                  Mauritania                                 300
                                 t Niger            750     Chad              300
                                   Sénégal          500 I! Ethiopia         1 000
                                                          ι
                                   Gambia           500     Somalia           500
                                   Ethiopia         500                             i
                              l    Somalia          350
   C. Quantity not taken up                                                          I
      at 15 January 1975                            710 i                     150
                                                         !
 ---pagebreak---                                                              VIII/40 ( 75)-B-4-E
                                                             ANNEX III
                                 Proposal for a
                                COUNCIL DECISION
           concerning the financing "by the Community of .certain
           expenditure on food aid for Somalia supplied under the
           1974/1975 programme
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ;
                                                       A
Having regard to Council Regulation (EEC) NO 1703/72 of 3 August 1972
amending Regulation (EEC ) No 2052/69 as regards the financing by the
Community of expenditure resulting from the implementation of the 19^7
Pood Aid Convention and laying down rules for the financing by the Community
of expenditure arising from the implementation of the 1971 Pood Aid Convention ,
and in particular Article 8(1 ) and Article 10(1 ) thereof ;
Having regard to the proposal from the Commission ;
Whereas , in view of the .crisis still facing Somalia , it seems necessary for
the Community to bear the cost of delivering food aid in the form of cereals
to the cif stage or , where the supply agreement so provides , to the points
of destination ;
HAS DECIDED AS FOLLOWS :
                                  Sole Article
Community financing shall , m the case of Community food aid for Somalia
under the 1974/75 Pood Aid Programme also cover the cost of delivering the
products to the cif stage . Where the supply agreement so provides , such
financing may cover delivery to the points of destination and may in such
case take the form of a lump-sum contribution .
Done at Brussels ,                               For the Council
                                                 The President
 ---pagebreak---                                                               VIII/40( 75)-B-4-R
                                                              ANNEX TV
                                Proposal for a
                   REGULATION (EEC) No           OF THE COUNCIL
                              of               '
          derogating from Regulation (EEC) NO 1693/72 in respect of the
          procedures laid down for the mobilization of food aid to Somalia
THE COUNCIL OP THE EUROPEAN COMVIUNITIES ,
Having regard to the Treaty establishing the European Economic Community ;
Having regard to Council Regulation No 120/67/EEC of 13 June 1967 on the common
organization of the market in cereals , as last amended by Regulation (EEC)
No 1996/74 » 8-nd in particular Article 22a thereof ;
Having regard to Council Regulation No 359/67/EEC^ of 25 July 1967 on the common
organization of the market in rice , as last amended by Regulation (EEC)
No 1129/74^» and in particular Article 23a thereof;
Having regard to the proposal from the Commission ;
Whereas , in view of the difficulties of transport to Somalia , it would be advisable
to adopt a system for forwarding the food aid which is sufficiently flexible to
cope with these difficulties as quickly as possible ;
Whereas recourse to the tendering procedure provided for in Article 4(3) of
Council Regulation (EEC) No 1693/72^ of 3 August 1972 laying down the criteria
for the mobilization of cereals intended as food aid does not always enable the
desired flexibility and speed to be attained in forwarding the products to the
points of destination ; whereas consequently it is advisable to provide for the
possibility of having recourse to another procedure ,
HAS ADOPTED THIS REGULATION :
                                   Article 1
Notwithstanding Article 4(3) of Regulation (EEC) No 1693/72 , recourse may be
had to procedures other than invitation to tender for forwarding cereals end
 ---pagebreak---                                          - 2 -              VIIl/40 ( 75 )-B-4-E
                                                            ANNKX IV
 and rice made available to Somalia as food aid under the 1974/75 programme
 from the Community to the points of destination .
                                       Article 2
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,
                                                   Por the Council
                                                   The President
   OJ No 117, 19 June 1967 , p . 2269/67
2 OJ No L 209 , 31 July 1974 , P. 1
 3 OJ No 174, 31 July 1967 , p. 1
4 OJ ÎTo L 128 , 10 May 1974, p. 20
5 OJ No L 178 , 5 August 1972 , p. 3
 ---pagebreak---                                                                VIII/40 ( 75 )-B-4-E
                                                               ANNEX v
                                Proposal for a
                   REGULATION (EEC) No          OF THE COUNCIL
                              of
        on the supply of skimmed milk powder as food aid to Somalia under
        Regulation (EEC) No 1826/74
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ;
                                                      1
Having regard to Council Regulation (EEC ) NO 1826/74 of 11 July 1974 laying
down general rules for the supply of skimmed milk powder as food aid to certain
developing countries and international organizations , and in particular Articles
 3 and 8 thereof ;
Having regard to the proposal from the Commission ;
                                            2
Whereas Council Regulation (EEC ) NO 1827/74 " of 11 July 1974 on the supply of
skimmed milk powder as food aid to certain developing countries and international
organizations provided , in pursuance of Regulation (EEC ) NO 1826/74j for a
reserve stock of 6 000 metric tons of skimmed milk powder ;   whereas part of that
stock should be allocated to drought-stricken Somalia.;
Whereas in view of the financial difficulties confronting that country , the
Community should make itself responsible for financing delivery of the food aid
to the cif stage or , where the supply agreement so provides , to the points of
destination ;
HAS ADOPTED THIS REGULATION :
                                  Article 1
There shall be made available as food aid to Somalia 7 '0 metric tons of skimmed
milk powder from the reserve stock provided for in Regulation (EEC ) NO 1827/74 *
 ---pagebreak---                                      - 2 -                    VIIT/40/75-B-A-E
                                                              AÏÏÏTRX V
                                   Article 2
For the purposes referred to in Article 1 , Community financing shall extend
to the costs incurred in delivery of the product to the cif stage or , tvhere
the supply agreement so provides , to the points of destination .
                                   Article 3
Where the supply agreement provides for Community financing of the costs
incurred in delivery of the product from the cif stage to the points of
destination , such financing' may take the form of a lump–sum contribution . The
Commission shall pay such contribution directly to the country of destination.
The Commission may in such cases make partial advance payments .
                                   Article 4
This Regulation shall enter into force on the third day following its publication
in the Official Journal of the European Communities .
This Regulation shall be beinding in its entirety and directly applicable in
all Member States .
Done at Brussels ,
                                                     Por the Council
                                                     The President
  OJ No L 190 , 13 July 1974 , P. 20
2 OJ No L 190, 13 July 1974 , P. 22
 ---pagebreak---                                                                                                                 *' 'VI11/40 ( 75) -B-4-E
                                                                                                                    ANNEX VI .
                      REGULATION ( EEC ) Ho                                        OF THE COUNCIL
                            4 ' *    οίί·                      .· »*}-.        ■ / I    *«    V .···   ' * Μ ·" 1   |· ι.» . . (
                              . r '•■U -  fll'-im..'  ' •> ' " i •'  • '■ 1  ' 'I' / '   •« • ' •      -  . - ;
          on the supply of butteroil as food aid to Somalia under Regulation
           (EEC ) No 530/74
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economio Community ;
Having regard to Council Regulation ( EEC ; NO 804/68 1 of 27 June 1968 on the common
organization of the market in milk and milk products , as last amended by
Regulation (EEC ) NO 662/74 » P-nd in particular Article 6(6) thereof ;
Having regard to the proposal from the Commission ;
Whereas Council Regulation (EEC) NO 530/74^ of 4 March 1974 laying down general
rules for the supply of milk fats as food aid to certain developing countries and
certain international organizations provided for a reserve stock of 4 400 metric
tons of milk fats ; whereas part of that stock should be allocated to drought-
stricken Somalia ;
Whereas , in view of the financial difficulties confronting that country , the
Community should make itself responsible for financing delivery of the food aid
to the cif stage or , where the supply agreement so provides , to the points of
destination ;
HAS ADOPTED THIS REGULATION :
                                                       . i   ,              ; 1 ' '    '1 '          4' .         ■
                                                     Article 1
There shall be made available as food aid to Somalia 150 metric tons of butteroil
from the reserve stock provided for in Regulation (EEC) NO 530/74 *
                                                                                                     .*
                                                                                                      1
 ---pagebreak---                                    . -2 -                         ,, ; ,     VIII/40 ( 75)-B-4-E
                                       • •    •        u   i->      - • (
                               .    ....                       : .;■■■% ,    ATOX VI
                                     Article 2
For the purposes referred to in Article 1 , Community financing shell extend
to the costs incurred in deliveriJjg ^he' -product to "%h'e» ci*£' st^ge-or , where, the
supply agreement so provides , to the . points of destination .
                                     -     •£' if* . • «jV
                                      Art 5x1 e 3
Where the supply agreement provides for Community financing of the costs incurred
in delivery of the product from the cif stage to the points of destination , such
financing may take the form of a lump-sum contribution .                   The Commission shall pay
such contribution directly to the country of destination .                   The Commission may in
such cases make partial advance payments .
                                     Article 4
This Regulation shall enter into force on the third day following its publication
in the Official Journal of the European Communities .
This Regulation Bhall be binding in its entirety and directly applicable in sll
Member States .
Done at Brussels ,
                                                                  Por the Council
                                                                  The President
  OJ No L 148 , 28 June 1968 , p. 13
2 OJ No L 85 , 29 M?rch 1974, p. 5
5 OJ No L 65 , 7 March 1974 , p. 1
 ---pagebreak---                                                                   VIII/40 ( 75 )-B-4-E
                                                                  A1TO VIT
                                  Pronosal for a
                     REGULATION (KEC ) No          OF THE COUNCIL
                               of
         laying down general rules for the supply of skimmed milk powder
         as food aid to Somalia      ■*      »
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and in
particular Article 43 thereof :
                                                       Λ
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 amended by
                            2
Regulation (EEC ) NO 662/74 > and in particular Article 7(4) thereof :
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament ;
Whereas Somalia has indicated its requirements as regards high-protein milk .
products ;   whereas these high-protein products may be supplied in the form of
skimmed milk powder produced within the Community and meeting certain quality
standards ;
Whereas the supply of skimmed milk powder must take into account the amounts of
skimmed milk powder available in the Community and the need to avoid disturbing
the market ;                                                             ,             '
Whereas the amounts at present available enable 2 000 metric tons of skimmed
milk powder to be supplied ;   whereas , moreover , there is some mobility in
distribution as between public stocks and market availabilities ;
Whereas , in view of the situation on the Community market in skimmed milk powder ,
the urgency of some of the deliveries and the need to ensure regular supplies ,
arrangements should be made for the skimmed milk powder supplied as food aid to
be obtained , depending on availabilities , either from the stocks held by the
intervention agencies or by purchase on the Community market ;
 ---pagebreak---                                              - 2 -            VIII/40 ( 75 )-B-4-E
                                                              ANNEX VIT
                                                                    \
 whereas the quantities thus obtained should form a. reserve stock for Somalia , to
be supplied to that country according to its need ;
Whereas , to enable the aid to be used effectively , arrangements should be made to
finance delivery to the cif stag6 or , where' the supply agreement so provides , to
the points of destination :
                                    ..fi;       -   '­
                                          ■A  ■   t
Whereas the supplies must be delivered at the lowest possible price ;      whereas in
order to achieve that aim , a tendering procedure should be provided for ;     whereas ,
however , it may be desirable , in the interests of flexibility and speed , to have
recourse to a different procedure ;
Whereas detailed rules for the application of the measures to be taken \fhen
skimmed milk powder is purchased on the market should be adopted in accordance
with the procedure laid down in Article 30 of Regulation (EEC) No 804/68 , as in
the case of the rules to be applied where public stocks are used ;
HAS ADOPTED THIS REGULATION :
                                        Article 1
There shall be formed a reserve stock of 2 000 metrio tons of skimmed milk
powder as food aid for Somalia , to be supplied to that country according to its
needs .
                                        Article 2
1.  The skimmed milk powder referred to in Article 1 shall be purchased m
accordance with Article 70 ) OF Regulation (EEC) NO 804/68 .
2.  If the amounts of skimmed milk powder in public stocks are insufficient to
supply the quantities provided for in Article 1 or if they do not have the
characteristics necessary for their particular destination where this requires ,
in particular , other forms of packing or the addition of vitamins or other
additives , supplies shall be obtained by the purchase of skimmed milk powder on
the Community market . Such purchase must be made in such a way as to avoid
disturbing the normal trend of market prices .
 ---pagebreak---                                         - 3 -              VIII/40 ( 75)-B-4-E
                                                           AWJC vix
                                       Article 3                                  '
For the purposes referred to in Article 1 , the cost of the skimmed milk         •'
powder , its labelling and delivery to the oif stage or , where the supply
 agreement bo provides , to the points of destination and the supply of eny
vitamins to be added to the milk shall be financed by the Community .
                                                                                    ι
                                                                                    !
                                                                                    I
                                       Article 4
                                                                                    i
Where the supply agreement provides for Community financing of the costs
incurred in delivery of the product from the cif stage to the points of
destination , such financing ma.y take the form of a lump-sum contribution.           !
The Commission shall pay such contribution directly to the country of
destination . The Commission may in such cases make partial advance payments .
                                       Article 5
The expenditure referred to in Article 3 , excluding the lump-sum contribution ,
shall in principle be determined by tendering procedure . However , in respect
of forwarding a different procedure may be adopted .
                                       Article 6
The decision to apply Article 2(2 ) shall be taken and the arrangements for
implementing Article 2(2 ) and Article 5 shall be p.dopted in accordance with
the procedure laid down in Article 30 of Regulation (EEC ) No 804/68 .
                                       Article 7
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety e,nd directly applicable in
all Member States . ■
Bone at Brussels ,
                                                 For the Council
                                                 The President
 J2 OJ No L 1A8 , 28 June 1968 , p. 13
    OJ No L 85 , ?9 M.-rch 1974 , p. 5
 ---pagebreak---                                                                 VIII/4O ( 75 )-B-4-E
                                                                ATWWX VTTI
                               Proposal for a.
                 REGULATION ( EEC ) No           OF THE COUNCIL
                           of
        laying down general rules for the supply of milk fats as food
        aid to Somalia
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ;
                                                        Λ
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 amended by
                                     2
Council Regulation (EEC ; No 662 /74 " » e-nd in particular Article 6(6 ) thereof ;
Having regard to the proposal from the Commission ;
Whereas Somalia, has indicated its requirements as regards milk fats ;
Whereas it will not be possible to dispose of the quantities of butter held by
intervention agencies on normal terms during the 1974/75 milk year ; whereas it
is possible to supply food aid in the form of butter or butteroil , equal to
85O metric tons of butteroil ;
Wherea.s this quantity should form a reserve stock for Somalia., to be supplied
according to the needs in that country ;
Whereas , to enable the aid to be used effectively , arrangements should be made
to finance forwarding to the cif stage or , where the supply agreement so
provides , to the points of destination ;
Whereas the amount to be paid to the undertakings manufacturing the butteroil
and the costs of transporting the butter and butteroil should be determined
by competition among interested undertakings established iji the Community ;
whereas the inviting of tenders is a suitable means of achieving this a.im , but
for the sake of speed and flexibility it may be desirable to have recourse
to other procedures ;
 ---pagebreak---                                      - 2 -                  VIII/40 ( 75)-B-4-E
                                                            ANTTCX VITI
HAS ADOPTED THIS REGULATION :
                                    Article 1
There shall be formed a reserve stock of 85O metric tons of butteroil as food
aid for Somalia , to be supplied to that country , according to its needs .
                                    Article 2
For the purposes referred to in Article 1 , the cost of the butter , of processing
it into butteroil , of packaging and shipment from the factory to the cif stage
or , where the supply agreement so provides , to the points of destination , shall
be financed by the Community .
                                    Article 3
Where the supply agreement provides for Community financing of the costs incurred
in delivery of the product from the cif stage to the points of destination , such
financing may take the form of a lump-sum contribution. The Commission shall pay
such contribution directly to the country of destination . The Commission may in
such cases make partial advance payment 8 .
                                    Article A.
The expenditure referred to in Article 2 , excluding lump-sum contributions , shall
in principle be determined by tendering procedure . However , in respect of
 forwarding a different procedure may be adopted .
                                    Article 5
The sums to be paid to the undertaking chosen shall be due only if :
 (a) the undertaking satisfies the conditions laid down in the invitation to tender
        l. -                  M '
      or by contract ; and
 (b ) the quality and packing of the delivered product are found on inspection to
      comply with the relevant Community provisions .
Provision may be made for partial advance payment of such sums .
 ---pagebreak---                                - 3 -                     VIIl/40 (7 5 ) -B-4-E
                                                         AOTEX VIII
                              Article 6
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall "be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,
                                                    For the Council
                                                    The President
 ---pagebreak---                                                               VIII/40 (75 )-B-4-E
                                                              ANNEX IX
 Proposal for a Council Decision on the opening of negotiations with Somalia for
 the supply of skimmed milk powder and butteroil as emergency food aid and on the
 advance implementation of the agreement negotiated with that country .
 THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and in
 particular Articles 113 , 114 and 228 thereof ;
Having regard to the proposal from the Commission ;
Whereas supplies of 710 metric tons of skimmed milk powder and 150 metric tons of
"butteroil are already needed "by Somalia and a further 2 000 metric tons of skimmed
milk powder and850 metric tons of "butteroil may well "be needed in the future ;
whereas the Commission should therefore be authorized to open negotiations with
that country ;
Whereas , in the interests of speed , the Commission should be authorized to begin
the supply of skimmed milk powder and butteroil upon conclusion of the negotiations ;
HAS DECIDED AS FOLLOWS :
                                 Article 1
The Commission is authorized to open negotiations for the conclusion of an agreement
between the European Economic Community and the Somali Democratic Republic relating
to the supply of skimmed milk powder and butteroil as food aid ,
The negotiations shall be conducted on the basis of the quantities set out in the
Annex and in accordance with the following Regulations :
 (i )   skimmed milk powder :
        Council Regulation (EEC ) No 1826/74 of 11 July 1974
        Council Regulation (EEC ) No         of
        Council Regulation (EEC ) No         of
 ---pagebreak---                                                                    VIII/40 ( 75 )-B-4-E
                                   - 2 -
                                                                    AMEX IX
(ii )  butteroil :
       Council Regulation (EEC ) NO 530/ 74 of 4 March 1974 ;
       Council Regulation (EEC ) No .       of
       Council Regulation (EEC ) NO         of
                                Article 2
The Commission is authorized to begin the supply of skimmed milk powder and
butteroil upon conclusion of the negotiations .
Done at Brussels .              19                        For the Council
                                                            The President
 ---pagebreak---                                                               MIT EX IXa
1*   Skimmed milk powder
(1 )   Quantity available for immediate delivery
        ( 1974 programme )                                  710 t
(2 )   Quantity in reserve for delivery according to need
        ( 1975 programme )                                2 000 t
                                                          2 710 t
2.   Butteroil
(l )   Quantity available for immediate delivery
       ( 1974 programme )                                   150' t
(2)    Quantity in reserve for delivery according to need
       ( 1975 programme )                                   85O t
                                                 Total    1 000 t