CELEX: 31977D0246
Language: en
Date: 1977-03-17 00:00:00
Title: Commission Decision of 17 March 1977 relating to the urgent supply to the Democratic Republic of Sao Tome and Principe of vitaminized skimmed-milk powder to be bought on the Community market for use as food aid

25. 3 . 77                                Official Journal of the European Communities                             No L 77/47
                                                      COMMISSION DECISION
                                                            of 17 March 1977
                relating to the urgent supply to the Democratic Republic of Sao Tome and Prin­
                cipe of vitaminized skimmed-milk powder to be bought on the Community
                                                      market for use as food aid
                                                    (Only the French text is authentic)
                                                               (77/246/ EEC)
 THE COMMISSION OF THE EUROPEAN                                            Whereas Article 5 of Regulation (EEC) No 1298/76
  COMMUNITIES,                                                             provides that, for the purpose of determining the
                                                                           forwarding costs, in case of emergency, a private
  Having regard to the Treaty establishing the European                    contract may be concluded ;
  Economic Community,
                                                                          Whereas, in view of the need to provide immediate
  Having regard to Council Regulation (EEC) No                             aid, it is apparent that mutual agreement must be
  804/68 of 27 June 1968 on the common organization                        sought in respect of this supply ;
 of the market in milk and milk products ('), as last
 amended by Regulation (EEC) No 5.59/76 (2), and in                       Whereas the measures provided for in this Decision
 particular Articles 7 (5) and 28 thereof,                                are in accordance with the opinion of the Manage­
                                                                           ment Committee for Milk and Milk Products,
 Having regard to Council Regulation (EEC) No
  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
 zations under the 1976 programme (3), as amended by                       HAS ADOPTED THIS DECISION :
 Regulation (EEC) No 2017/76 (4), and in particular
 Article 6 thereof,
                                                                                                    Article 1
 Whereas Council Regulation (EEC) No 1299/76 of 1
 June 1976 on the supply of skimmed-milk powder as
 food aid to certain developing countries and interna­                     1 . In accordance with the provisions of Regulations
 tional organizations under the 1976 programme ^),                        (EEC) No 1298 /76, (EEC) No 1299 /76 and (EEC) No
 provides inter alia for 100 tonnes of skimmed-milk                       2018 /76, the French intervention agency shall arrange
 powder to be made available to the Democratic Repu­                      delivery to the Democratic Republic of Sao Tome and
 blic of Sao Tome and Principe ; whereas Council                          Principe of one lot of 150 tonnes of vitaminized skim­
 Regulation (EEC) No 2018/76 of 27 July 1976 on the                       med-milk powder bought on the Community market.
 additional organizations and non-governmental organi­
 zations under the 1976 programme (6), provides inter
                                                                          2. The skimmed-milk powder shall meet :
 alia for 50 tonnes of skimmed-milk powder to be
 made available to the same country ; whereas this
                                                                         — as to quality, the requirements set out in the
 country has requested 150 tonnes of vitaminized skim­                         Annex to this Decision ,
 med-milk powder ;
                                                                         — as to packaging, the requirements set out in
Whereas Regulation (EEC) No 1298/76 provides in                                Annex I to Commission Regulation (EEC) No
Article 2 (2) that, if the amounts of skimmed-milk                             1108 /68 of 27 July 1968 on detailed rules for
 powder in public stocks do not have the characteris­                          public storage of skimmed-milk powder (7), as last
 tics necessary for their particular destination where                         amended by Regulation (EEC) No 1 457/75 (8).
this requires, in particular, the addition of vitamins,
supply shall be ensured by the buying-in of skimmed­                      3 . In addition , the supplier, designated by the
 milk powder on the Community market ;                                    private contract referred to in Article 3, shall supply
                                                                          5 % empty bags identical to those containing the
(!)  OJ  No  L 148 , 28 . 6 . 1968 , p. 13.                              goods . He shall undertake to have these bags
(2 ) OJ  No  L 67, 15 . 3 . 1976, p. 9 .
(3)  OJ  No  L 146, 4. 6 . 1976 , p. 3 .                                 mentioned on the bill of lading.
(")  OJ  No  L 224, 16 . 8 . 1976, p. 1 .
(5 ) OJ  No  L 146, 4 . 6 . 1976 , p. .5 .                               O OJ No L 184, 29 . 7. 1968 , p. 34 .
 6   OJ  No  L 224, 16 . 8 . 1976 , p. 2 .                               ( 8) OJ No L 145, 6 . 6 . 1975, p. 17.
 ---pagebreak--- No L 77/48                         Official Journal of the European Communities                              25 . 3 . 77
4. The packaging of the skimmed-milk powder                  Such an advance may not, however, exceed 80 % of
shall bear the following inscription in letters at least     the sum agreed for the delivery and shall be paid only
one centimetre high :                                        subject to the undertaking concerned lodging a secu­
'Leite desnatado em po com vitaminas A y D / Dom             rity for the skimmed-milk powder shipped in accor­
da Comunidade Economica Europeia a Sao Tome y                dance with the conditions laid down in Article 1 (2) to
Principe'.                                                   (4) and having left the geographical territory of the
                                                             Community and if the undertaking furnished a surety
                         Article 2                           to the sum of the advance, raised by 10 % .
 1 . Delivery shall be effected to the port of                                          Article 4
unloading of Sao Tome (Sao Tome and Principe).
                                                             The French Government :
2. Embarkation shall take place as soon as possible
on 15 April 1977 at the latest.                               1 . shall ensure that the agent designated by the
3. Delivery at the port of unloading shall be                     mutual agreement contract :
completed when the goods are actually deposited on                (a) notifies the recipient country as soon as
the quayside at the port of unloading or on board a                   possible after the goods have been loaded on
lighter, as the case may be .                                         board ship, of details of the ship, the loading
4. The recipient country shall bear all costs                         date, the quantity and quality of the goods as
incurred after delivery including the costs of taking                 recorded on shipment,
delivery of the goods. Any demurrage costs at the port            (b) inform the recipient country, at least 10 clear
of unloading attributable to the recipient country shall              days before arrival at the port of unloading of
be borne by it. The rates and other details concerning                the expected date of arrival,
such costs shall be laid down in the contract between             (c) has included in the terms of the charter-party a
the Community agent (designated by the mutual agree­                  provision stipulating that the ship's captain
 ment contract specified in Article 3) and the carrier                shall , at least 72 hours in advance, notify the
and must have been previously agreed upon by the                      recipient country of the ship's probable date of
 former and the Recipient countries' delivery agent.                  arrival in port ;
 5. A delivery certificate shall be issued on delivery        2. send to the Commission as soon as possible the
 by the receiving agent nominated by the recipient                information specified in paragraph 1 (a) and (b).
 country.
                                                                                        Article 5
                         Article 3
 1 . The amount to cover delivery costs to the port of        No refund or compensatory amount (whether mone­
 unloading referred to in Article 2 ( 1 ) including the       tary or accession) may be granted in respect of skim­
 insurance costs shall be determined by the interven­         med-milk powder supplied pursuant to this Decision .
 tion agency concerned by mutual agreement on the
 least onerous terms possible. This shall only result in                                Article 6
 the payment of this amount on presentation of the
 delivery certificate provided for in Article 2 (5).          This Decision is addressed to the French Republic.
 2. The intervention agency shall send immediately
 to the Commission a copy of the private contract or
 contracts .                                                  Done at Brussels, 17 March 1977 .
 3 . If, owing to circumstances beyond the control of
                                                                                          For the Commission
 the undertaking responsible for the delivery, the
 submission of the attestation of delivery referred to in                                  Finn GUNDELACH
 Article 2 (5) is delayed, the competent agency may
 grant an advance.                                                                            Vice-President
 ---pagebreak--- 25 . 3 . 77                           Official Journal of the European Communities                           No L 77/49
                                                          ANNEX
                                             Skimmed-milk powder requirements
            (a)  fat content :                                 1-5 % maximum
            (b)  water content :                               4 0 % maximum
            (c)  total acidity in lactic acid :                015% 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 content :
                 (aa) vitamin A :                              5 000 i.u . per 100 g minimum
                 (bb) vitamin D :                              500 i.u . per 100 g minimum