CELEX: 31977D0139
Language: en
Date: 1977-02-01 00:00:00
Title: Commission Decision of 1 February 1977 relating to the urgent supply to Ethiopia of vitaminized skimmed-milk powder to be bought on the Community market for use as food aid

16 . 2 . 77                                 Official Journal of the European Communities                              No L 44/ 19
                                                      COMMISSION DECISION
                                                           of 1 February 1977
               relating to the urgent supply to Ethiopia of vitaminized skimmed-milk powder
                               to be bought on the Community market for use as food aid
                                 4.                 (Only the French text is authentic )
                                                               (77/ 1 39/ EEC)
THE COMMISSION OF THE EUROPEAN                                             Whereas, in view of the need to provide immediate
COMMUNITIES,                                                               aid , it is apparent that mutual agreement must be
                                                                           sought in respect of this supply ;
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 ('), and in
                                                                           HAS ADOPTED THIS DECISION :
particular Articles 7 ( 5) and 28 thereof,
Having regard to Council Regulation ( EEC) No
                                                                                                       Articlc 1
1298 /76 of 1 June 1976 laying down general rules for
the supply of skimmed-milk powder as food aid to
certain developing countries and international organi­                      1.    In accordance with the provisions of Regulations
zations under the 1976 programme ( 3 ), as amended by                      ( EEC) No 1298 /76 and ( EEC) No 1299 /76, the French
Regulation ( EEC) No 201 7/ 76 (4), and in particular                      intervention agency shall arrange delivery to Ethiopia
Article 6 thereof,                                                         of one lot of 500 tonnes of vitaminized skimmed-milk
                                                                           powder bought on the Community market.
Whereas Council Regulation ( EEC) No 1299/ 76 of 1
June 1976 on the supply of skimmed-milk powder to                          2.     The skimmed-milk powder shall meet :
certain developing countries and international organi­
zations under the 1976 food-aid programme (5 ),                            — as to quality, the requirements set out in the
provides inter alia for 500 tonnes of skimmed-milk                              Annex to this Decision ,
powder to be made available to Ethiopia ; whereas this                     — as to packaging, the requirements set out in
country has requested the abovementioned quantity of                             Annex I to Commission Regulation ( EEC) No
vitaminized skimmed-milk powder ;                                                1108 /68 of 27 July 1968 on detailed rules for
                                                                                 public storage of skimmed-milk powder (b), as last
                                                                                 amended by Regulation ( EEC) No 1 457/ 75 ( 7).
Whereas Regulation ( EEC) No 1298 / 76 provides in
Article 2 (2) that, if the amounts of skimmed-milk
powder in public stocks do not have the characteris­                              In addition , the supplier designated by the
tics necessary for their particular destination where                      private contract referred to in Article 3 shall supply
this requires, in particular, the addition of vitamins,                    5 % empty bags identical to those containing the
supply shall be ensured by the buying in of skimmed­                       goods . He shall undertake to have these bags
milk powder on the Community market ;                                      mentioned on the bill of lading.
                                                                           4 . The packaging of the skimmed-milk powder
Whereas Article 5 of Regulation ( EEC) No 1298 /76                         shall bear the following inscription in letters at least
provides that, for the purpose of determining the                          one centimetre high :
forwarding costs in cases of emergency, a private
contract may be concluded ;
                                                                           'Skimmed-milk powder enriched with vitamins A and
                                                                            D / Gift of the European Economic Community to
 ')  OJ  No L  1 48 , 28 . 6 . 1968 , p. 1 .V
 -') OJ  No L  67 , 15 .      1976, p. 9 .                                  Ethiopia / For free distribution .'
 ■•) OJ  No L  146, 4 . 6 . 1976 , p. V
 4)  OJ  No I. 224 , 16 . 8 . 1976 , p. I.                                 (") OJ No L 184, 29 . 7 . 1968 , p. 34 .
 >)  OJ  No I. 146, 4 . 6 . 1976, p. S.                                    ( 7) OJ No I. 145 , 6 . 6 . 1975 , p. 17 .
 ---pagebreak--- No L 44/20                          Official Journal of the European Communities                                 16 . 2 . 77
                         Article 2
                                                              subject to the undertaking concerned lodging a secu­
 1.   Delivery shall be effected to the port of                rity for the skimmed-milk powder shipped in accor­
unloading of Assab.                                           dance with the conditions laid down in Article 1 (2) to
                                                              (4) and having left the geographical territory of the
2.    Embarkation shall take place as soon as possible        Community and if the undertaking furnished a surety
on 3 March 1977 at the latest.                                to the sum of the advance, raised by 10 % .
3.    Delivery shall be completed when the goods are                                     Article 4
actually seized in the hold of the ship at the port of
unloading.                                                    The French Government :
4. The recipient country shall bear all costs                  1 . shall ensure that the agent designated by the
incurred after delivery including the costs of                     mutual agreement contract :
unloading (e.g. unstowing, hoisting and acceptance                 (a) notify the recipient country as soon as possible
costs) as well as any lighter costs. Any demurrage costs               after the goods have been loaded on board ship,
or dispatch money at the port of unloading shall be                    of details of the ship, the loading date, the quan­
payable by or to the recipient country. The rates and                  tity and quality of the goods as recorded on
other details concerning such costs shall be laid down                 shipment,
in the contract between the Community agent (desig­                (b) inform the recipient country, at least 10 clear
nated by the mutual agreement contract specified in                    days before arrival at the port of unloading of
Article 3) and the carrier and must have been previ­                   the expected date of arrival ,
ously agreed upon by the former and the recipient                  (c) have included in the terms of the charter party
country's delivery agent.                                              a provision stipulating that the ship's captain
5. A delivery certificate shall be issued on delivery                  shall , at least 72 hours in advance, notify the
by the receiving agent nominated by the recipient                      recipient country of the ship's probable date of
country.                                                               arrival in port ;
                                                              2. send to the Commission as soon as possible the
                         Article 3                                 information specified in paragraph 1 (a) and (b).
1 . The amount to cover delivery costs to the port of                                    Article 5
unloading referred to in Article 2 ( 1 ) including the
insurance costs shall be determined by the interven­          No refund or compensatory amount (whether mone­
tion agency concerned by be determined agreement              tary or accession) may be granted in respect of skim­
on the least onerous terms possible .                         med-milk powder supplied pursuant to this Decision .
2. The intervention agency shall send immediately                                        Article 6
to the Commission a copy of the private contract or
contracts .
                                                              This Decision is addressed to the French Republic.
3.    If, owing to circumstances beyond the control of
the undertaking responsible for the delivery the              Done at Brussels, 1 February 1 97?.
submission of the attestation of delivery referred to in
Article 2 (5) is delayed , the competent agency may                                        For the Commission
grant an advance .
                                                                                            Finn GUNDELACH
Such an advance may, however, not exceed 80 % of
the sum agreed for the delivery and shall be paid only                                          Vice-President
 ---pagebreak--- 16 . 2 . 77                          Official Journal of the European Communities                           No L 44/ 21
                                                         ANNEX
                                            Skimmed-milk powder requirements
            (a) fat content :                                 1 ·5 % maximum
            (b) water content :                               4-0 % maximum
            (c) total acidity in lactic acid :                0-15% maximum ( 18° Dornic)
            (d) test for neutralization agents :              negative
            (e) authorized additives :                        none
            (f) phosphatase test :                            negative
            (g) solubility :                                  0-5 ml maximum (99 % minimum)
            (h) degree of purity :                            disc B ( 15 0 mg minimum)
            (i) germ content :                                50 000 per g maximum
            (k) colon bacillus titer :                        negative in 01 g
            (1) taste and smell :                             clean
            (m) appearance :                                  white or slightly yellowish colour, free from
                                                              impurities or coloured particles
            (n) vitamin enrichment :
                (aa) vitamin A :                              5 000 i.u . per 100 g minimum
                (bb) vitamin D :                              500 i.u . per 100 g minimum