CELEX: 31976D0866
Language: en
Date: 1976-11-08 00:00:00
Title: Commission Decision of 8 November 1976 on the supply, as a matter of urgency, of butteroil to the World Food Programme for repatriates from Angola in Portugal, as food aid

No L 316/ 20                            Official Journal of the European Communities                           16. 11 . 76
                                                  COMMISSION DECISION
                                                     of 8 November 1976
              on the supply, as a matter of urgency, of butteroil to the World Food
                         Programme for repatriates from Angola in Portugal, as food aid
                                                (Only the Dutch text is authentic)
                                                          (76/866/EEC)
THE COMMISSION OF THE EUROPEAN                                     HAS ADOPTED THIS DECISION :
COMMUNITIES,
                                                                                              Article 1
Having regard to the Treaty establishing the European
Economic Community,
                                                                    1.    A lot of 250 metric tons of butteroil shall be
                                                                   supplied to the WFP for the repatriates from Angola
Having regard to Council Regulation (EEC) No                       in Portugal, in accordance with the provisions laid
804/68 of 27 June 1968 on the common organization                  down in Regulations (EEC) No 1541 /75, (EEC) No
of the market in milk and milk products (J ), as last               1542/75 and (EEC) No 1845/76.
amended by Regulation (EEC) No 559/76 (2), and in
particular Articles 6 (7) and 28 thereof,                          2. Delivery is to be carried out at the port of
                                                                   unloading Lisbon.
Whereas Council Regulation (EEC) No 1542/75 of 16
June 1975 on the supply of milk fats as food aid to
certain developing countries and international organi­                                        Article 2
zations under the 1975 food-aid programme ^),
provides for a reserve stock of 4 550 metric tons of                1.    The butter to be used in the manufacture of
butteroil ; whereas, according to Council Regulation               butteroil shall be collected from the Dutch interven­
(EEC) No 1845/76 of 22 July 1976 on the supply of                   tion agency.
butteroil to the World Food Programme under the
1975 food-aid programme for the repatriates from
Angola in Portugal (4), 250 metric tons from this                   2. The butteroil shall satisfy the requirements as
reserve   shall   be     allocated    to   the   World   Food       regards quality and packing laid down in the Annex
Programme (WFP) for the repatriates from Angola in                  to Commission Regulation (EEC) No 2247/75 of 29
                                                                   August 1975 on the terms of invitations to tender for
Portugal ; whereas this organization has requested the
abovementioned quantity for that destination ;                      the costs of manufacture and delivery of butteroil as
                                                                    food aid to certain developing countries and to the
                                                                    World Food Programme (6), as last amended by Regu­
Whereas Article 5 of Council Regulation (EEC) No                    lation (EEC) No 2212/76 (7).
1541 /75 of 16 June 1975 laying down general rules
for the supply of milk fats as food aid to certain deve­            It shall be packed exclusively in five-kilogramme
loping countries and international organizations under              canisters .
the 1975 food-aid programme ^), stipulates that the
costs of delivery may be determined by a procedure of               3. As regards the wording to be stated on the
mutual agreement in the case of emergency actions ;                 packing, the statement specified in Chapter II (2) (b)
                                                                    of the Annex stipulated in the preceding paragraph
Whereas, in view of the need to provide quick aid, it               shall be the following :
is necessary that mutual agreement must be sought in
respect of this supply ;                                             Butteroil — Dom das Comunidades Europeias para o
                                                                    Programa Alimentar Mundiaf.
Whereas the measures provided for in this Decision
are in accordance with the opinion of the Manage­                                              Article 3
ment Committee for Milk and Milk Products,
                                                                    1.    Loading shall take place as soon as possible and
(!) OJ  No  L 148 , 28 . 6. 1968 , p. 13 .                          not later than 10 December 1976 .
(2) OJ  No  L 67, 15 . 3 . 1976, p. 9 .
(3) OJ  No  L 157, 19 . 6 . 1975, p. 6 .
(4) OJ  No  L 204, 30 . 7 . 1976, p. 2.                             (b) OJ No L 229 , 30 . 8 . 1975, p . 60 .
(*) OJ  No  L 157, 19. 6. 1975, p. 4.                               (7) OJ No L 249, 11 . 9. 1976, p. 5.
 ---pagebreak--- 16. 11 . 76                        Official Journal of the European Communities                         No L 316/21
2. Delivery at the port of unloading shall be consid­                quantity and quality of the goods as recorded
ered as completed when the goods are effectively depo­               on shipment ;
sited on the quay at the port of unloading or on                 (b) informs the organization of destination of the
lighters where the latter method is used.                            expected date of arrival at the port of
3. The organization of destination shall bear all                    unloading, at least 10 clear days in advance ;
costs incurred after delivery including any unloading            (c) has included in the terms of the charter party a
costs and acceptance costs.                                          provision stipulating that the ship's captain
                                                                     shall, at least 72 hours in advance, notify the
Any demurrage costs at the port of unloading attribu­                organization of destination of the ship's prob­
table to the recipient agency shall be borne by it. The              able date of arrival in port ;
rates and other details concerning such costs shall be
laid down in the contract between the Community               2. send to the Commission as soon as possible the
agent (designated by the mutual agreement contract               information stipulated in paragraph 1 (a) and (b).
specified in Article 4) and the carrier and must have
been previously agreed upon by that and the recipi­                                   Article 6
ent's delivery agent.
                                                             The Dutch intervention agency shall pay to the WFP
4. A delivery certificate shall be issued on delivery        in respect of each consignment of butteroil, within 30
by the receiving agent nominated by the recipient            days maximum of the date on which the WFP takes
country.                                                     delivery thereof, a flat-rate contribution of 20 units of
                                                             account per metric ton of butteroil delivered towards
                         Article 4                           the cost of land transport, handling and storage on the
                                                             spot of the butteroil.
1 . The amount to cover the costs of delivery from
the storage depot of the intervention agency until the                                Article 7
stage specified in Article 1 (2) shall be determined by
the intervention agency concerned by means of a               No restitution or compensatory amount (whether
mutual agreement procedure on the least onerous              monetary or accession) shall be applied to the
terms possible.                                              butteroil supplied pursuant to this Decision.
2. The intervention agency shall forward to the                                       Article 8
Commission forthwith a duplicate of the mutual agree­
ment contract or contracts .                                 This Decision is addressed to the Kingdom of the
                                                             Netherlands.
                         Article 5
The Dutch Government shall :                                 Done at Brussels, 8 November 1976.
1 . ensure that the appointed agent designated by
    mutual agreement :                                                                  For the Commission
    (a) notifies the organization of destination, as soon                                  P.J. LARDINOIS
        as possible after the goods have been loaded, of
        details of the ship, the loading date, and the                               Member of the Commission