CELEX: 31976D0887
Language: en
Date: 1976-11-17 00:00:00
Title: Commission Decision of 17 November 1976 on the supply, as a matter of urgency, of butteroil as food aid to Sri Lanka

25. 11 . 76                             Official Journal of the European Communities                              No L 326/29
                                                  COMMISSION DECISION
                                                     of 17 November 1976
                on the supply, as a matter of urgency, of butteroil as food aid to Sri Lanka
                                               (Only the German text is authentic)
                                                          (76/887/ EEC)
THE COMMISSION OF THE EUROPEAN                                      down in Regulations (EEC) No 694/76 and (EEC) No
COMMUNITIES,                                                        695/76 .
 Having regard to the Treaty establishing the European
 Economic Community,                                                                           Article 2
 Having regard to Council Regulation (EEC) No
                                                                     1.    The butter to be used in the manufacture of
 804/68 of 27 June 1968 on the common organization
                                                                    butteroil shall be collected from the German interven­
of the market in milk and milk products (J), as last
amended by Regulation (EEC) No 559/76 (2), and in                   tion agency.
 particular Articles 6 (7) and 28 thereof,
                                                                    2. The butteroil shall satisfy the requirements as
Whereas Council Regulation (EEC) No 695/76 of 25                    regards quality and packing laid down in the Annex
March 1976 on the supply of milk fats under the 1976                to Commission Regulation (EEC) No 2247/75 of 29
 food-aid programme to certain developing countries                 August 1975 on the terms of invitations to tender for
and to certain international organizations (3), provides,           the costs of manufacture and delivery of butteroil as
 inter alia, for the supply to Sri Lanka of 160 metric              food aid to certain developing countries and to the
tons of butteroil obtained from butter held by the                  World Food Programme (5), as last amended by Regu­
intervention agencies ; whereas this country has                    lation (EEC) No 2212/76 (6).
 requested the supply of the abovementioned quantity ;
                                                                    It shall be packed exclusively in 5 kg canisters.
Whereas Council Regulation (EEC) No 694/76 of 25
March 1976 laying down general rules for the supply                 3. As regards the wording to be stated on the
of milk fats as food aid to certain developing countries            packing, the statement specified in Chapter II (2) (b)
and international organizations under the 1976 food­                of the Annex stipulated in the preceding paragraph
aid programme (4), stipulates in its Article 5 that the             shall be the following :
costs of delivery shall be determined by a tendering
 procedure or, in the case of an emergency action, by a             'Butteroil / Gift of the European Economic Commu­
 procedure of mutual agreement ;                                    nity to Sri Lanka'.
Whereas, in view of the need to provide immediate
aid, it is apparent that mutual agreement must be
sought in respect of this supply ;                                                             Article 3
Whereas the measures provided for in this Decision                   1 . Delivery shall be effected at a port to be desig­
are in accordance with the opinion of the Manage­                   nated in the tender, chosen from among Community
ment Committee for Milk and Milk Products,                          ports accessible for ocean-going ships and having a
                                                                    regular line to the recipient country.
HAS ADOPTED THIS DECISION :
                                                                    Delivery at the port of loading shall take place on a
                                                                    date to be fixed by the German intervention agency
                                                                    which must be later than           1   and earlier than 15
                                                                    January 1977.
                            Article 1
A lot of 160 metric tons of butteroil shall be delivered            2. The goods shall be regarded as delivered when
to Sri Lanka in accordance with the provisions laid                 they are deposited in the port of shipment, at a point
                                                                    designated by the recipient country or its agent, easily
(•) OJ  No  L 148, 28 . 6. 1968 , p. 13 .                           accessible to the ship.
(2) OJ  No  L 67, 15. 3 . 1976, p. 9.
(3) OJ  No  L 83, 30. 3 . 1976, p. 6.                               (5 ) OJ No L 229, 30 . 8 . 1975, p. 60 .
(4) OJ  No  L 83, 30 . 3 . 1976, p. 4.                              (6) OJ No L 249 , 11.9 . 1976, p . 5 .
 ---pagebreak--- No L 326/30                      Official Journal of the European Communities                         25. 11 . 76
                       Article 4                                                 Article 6
1 . The German intervention agency shall
determine the costs of processing the butter into          This Decision is addressed to the Federal Republic of
butteroil and packaging and shipment of the butteroil      Germany.
by concluding a private contract on the least onerous
terms possible.
2. The intervention agency shall forward to the
Commission without delay a copy of such private             Done at Brussels, 17 November 1976 .
contract .
                       Article 5                                                    For the Commission
No refund or compensatory amount, whether mone­                                       P.J. LARDINOIS
tary or accession, shall be applied in respect of the
butteroil delivered pursuant to this Decision .                                 Member of the Commission