CELEX: 
Language: en
Date: 1976-05-13 00:00:00
Title: Commission Decision of 29 April 1976 on the supply, as a matter of urgency, of skimmed-milk powder to the United Nations High Commissioner for Refugees for the benefit of Angolan refugees in Zaire, as food aid

13 . 5 . 76                               Official Journal of the European Communities                          No L 125/ 17
                                                     COMMISSION DECISION
                                                          of 29 April 1976
               on the supply, as a matter of urgency, of skimmed-milk powder to the United
                Nations High Commissioner for Refugees for the benefit of Angolan refugees in
                                                         Zaire , as food aid
                                           (Only the French and Dutch texts are authentic)
                                                            (76/457/EEC)
THE COMMISSION OF THE EUROPEAN                                        respect of this delivery for the forwarding of 50 metric
COMMUNITIES,                                                          tons of skimmed-milk powder by air to the airport of
                                                                      destination, and for the shipment of 100 metric tons
                                                                      to the port of unloading ;
Having regard to the Treaty establishing the European
Economic Community,                                                   Whereas the measures provided for in this Decision
                                                                      are in accordance with the opinion of the Manage­
                                                                      ment Committee for Milk and Milk Products,
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 Regulation (EEC) No 559/76 (2), and in
particular Articles 7 (5) and 28 thereof,                             HAS ADOPTED THIS DECISION :
Whereas Council Regulation (EEC) No 1348/75 of 26
                                                                                               Article 1
May 1975 on the supply of skimmed-milk powder as
food aid to certain developing countries and interna­
tional organizations under the 1975 programme (3),                     1 . In accordance with Regulations (EEC) No
provides for a reserve stock of 3 800 metric tons of                   1347/75, (EEC) No 1348/75 and (EEC) No 691 /76,
skimmed-milk powder ; whereas, according to                            150 metric tons of skimmed-milk powder having
Council Regulation (EEC) No 691 /76 of 25 March                       formed the subject of the intervention measures speci­
 1976 on the supply, as a matter of urgency, of skim­                 fied in Article 7 of Regulation (EEC) No 804/68, shall
med-milk powder to the United Nations High                            be supplied to the United Nations High Commis­
Commissioner for Refugees for the benefit of Angolan                  sioner for Refugees from Angola to Zaire.
refugees in Zaire, as food aid pursuant to Regulation
(EEC) No 1 348/75 (4), 150 metric tons from this                      50 metric tons shall be delivered airport of destination
reserve shall be allocated to the United Nations High                 (Kinshasa) and 100 metric tons cif Matadi.
Commissioner for Refugees from Angola in Zaire ;
whereas this organization has requested the delivery of
the abovementioned quantity for this destination ;                    2. The skimmed-milk powder shall be collected
                                                                      from the Belgian intervention agency. The latter shall
                                                                      supply 2 % extra empty bags.
Whereas Article 5 of Council Regulation (EEC) No
 1347/75 of 26 May 1975 laying down general rules for                 3 . The skimmed-milk powder shall, as regards
the supply of skimmed-milk powder as food aid to                      quality and packing, satisfy the requirements laid
certain developing countries and international organi­                down in Annex I to Commission Regulation (EEC)
zations under the 1975 programme ^), stipulates that                  No 1108/68 of 27 July 1968 concerning the methods
the costs of delivery shall be determined by a                        of public storage of skimmed-milk powder (6), as last
tendering procedure or, in the case of an emergency                   amended by Regulation (EEC) No 1457/75 ( 7).
action, by a procedure of mutual agreement ;
                                                                      The packing of the skimmed-milk powder shall be
                                                                      marked in letters at least 1 cm high :
Whereas, in view of the need for quick aid it is
apparent that mutual agreement must be sought in                      'Lait écrémé en poudre — Don de la Communauté
                                                                      économique européenne — Action de l'UNHCR au
(•)  OJ   No L 148 , 28 . 6. 1968 , p . 13 .                          Zaire — À distribuer gratuitement'.
(2)  OJ   No L 67, 15. 3 . 1976, p. 9 .
(3)  OJ   No L 138 , 29 . 5 . 1975, p. 3 .
(4)  OJ   No L 83, 30 . 3 . 1976, p. 1 .                              (6) OJ No L 184, 29 . 7. 1968 , p. 34.
(5 ) OJ   No L 138 , 29 . 5 . 1975, p. 1 .                            (7) OJ No L 145, 6. 6. 1975, p. 17.
 ---pagebreak--- No L 125/ 18                       Official Journal of the European Communities                               13 . 5 . 76
                        Article 2                                        arrival of the plane or planes at the airport
                                                                         of destination ;
1.     Delivery shall be carried out as soon as possible .
                                                                 (b) for carrying out the transport by sea :
2. In the case of transport by air, delivery shall be
regarded as completed when the goods are actually                    — notifies the organization of destination, as
unloaded at the airport of destination. Delivery cif                     soon as possible after the goods have left
shall be regarded as completed when the goods are                        the place of shipment, of details of the ship,
actually deposited on the quay at the port of                            the loading date, the quantity and the
unloading or on lighters where the latter method is                      quality of the goods as recorded on ship­
used.                                                                    ment ;
                                                                     — informs the organization of destination of
3. The organization of destination shall bear all                        the expected date of arrival at the port of
costs incurred after delivery including acceptance                       unloading at least 10 clear days in advance ;
costs and any unloading costs.
                                                                      — has included in the terms of the charter­
Any costs due to delays in taking over the goods for                     party a provision stipulating that the ship's
which the organization of destination is responsible                     captain shall, at least 72 hours in advance,
shall be on charge of that organization.                                 notify the organization of destination of the
4. On delivery under the conditions specified in                         ship's probable date of arrival in port ;
paragraph 2, the organization of destination shall issue      2. send to the Commission as soon as possible the
a certificate certifying that the goods were received.            information specified in paragraph 1 (a) and (b).
                         Article 3
                                                                                       Article 5
 1 . The amount to cover the costs of delivery from
the warehouse of the intervention agency to the stages        No refund or compensatory amount (whether mone­
specified in Article 1 ( 1 ) shall be determined by the       tary or accession) may be granted in respect of skim­
intervention agency concerned by means of a mutual            med-milk powder supplied pursuant to this Decision .
agreement procedure on the least onerous terms
 possible.
                                                                                       Article 6
 2. The intervention agency shall forward to the
 Commission forthwith a duplicate of the mutual agree­        This Decision is addressed to the Kingdom of
 ment contracts .
                                                              Belgium .
                         Article 4
 The Belgian Government shall :                               Done at Brussels, 29 April 1976.
 1 . ensure that the undertaking designated by mutual
     agreement :                                                                          For the Commission
     (a) for carrying out the transport by air :                                            P.J. LARDINOIS
         — notifies the organization of destination at
             least 24 hours in advance of the day of                                  Member of the Commission