CELEX: 31977D0194
Language: en
Date: 1977-02-21 00:00:00
Title: Commission Decision of 21 February 1977 relating to the urgent supply to the International Committee of the Red Cross of vitaminized skimmed-milk powder to be bought on the Community market, for use as food aid for Lebanon

8 . 3 . 77                              Official Journal of the European Communities                           No L 62/ 17
                                                  COMMISSION DECISION
                                                     of 21 February 1977
              relating to the urgent supply to the International Committee of the Red Cross of
              vitaminized skimmed-milk powder to be bought on the Community market, for
                                                 use as food aid for Lebanon
                                        (Only the Dutch and French texts are authentic)
                                                          (77/ 194/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
                                                                    contract may be concluded ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                    Whereas, in view of the need to provide immediate
                                                                    aid, it is apparent that mutual agreement must be
Having regard to Council Regulation (EEC) No                        sought in respect of this supply ;
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                   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              HAS ADOPTED THIS DECISION :
zations under the 1976 programme ^), as amended by
Regulation (EEC) No 2017/76 (4), and in particular
Article 6 thereof,
                                                                                            Article 1
Whereas, in accordance with Regulation (EEC) No
2018/76 of 27 July 1976 on the complementary                         1 . In accordance with the provisions of Regulations
supply of skimmed-milk powder to certain developing                 (EEC) No 1298/76 and (EEC) No 2018/76, the
countries, international organizations and non-govern­              Belgian intervention agency shall arrange delivery to
mental organizations under the 1976 food-aid                        the ICRC of 400 tonnes of vitaminized skimmed-milk
programme (5), Commission Regulation (EEC) No                       powder bought on the Community market for
159/77 of 25 January 1977 (6) provided for an invita­               Lebanon .
tion to tender for the supply of 400 tonnes of vitami­
nized skimmed-milk powder to the International
Committee of the Red Cross (ICRC) for Lebanon ;                     2.    The skimmed-milk powder shall meet :
whereas this tendering procedure had to be cancelled ;
whereas new steps must be taken to enable this supply               — as to quality, the requirements set out in the
to be made ;                                                             Annex to this Decision,
                                                                    — 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 1457/75 (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 indicate those bags on
(2) OJ   No L 67, 15. 3 . 1976, p. 9.
(3) OJ   No L 146, 4. 6. 1976, p. 3.                                the bill of lading.
(4) OJ   No L 224, 16. 8 . 1976, p. 1 .
(5) OJ   No L 224, 16. 8 . 1976, p. 2.                              (7) OJ No L 184, 29. 7. 1968, p. 34.
(6) OJ   No L 23, 27. 1 . 1977, p. 34.                              (8) OJ No L 145, 6. 6. 1975, p. 17.
 ---pagebreak--- No L 62/ 18                        Official Journal of the European Communities                               8 . 3 . 77
4. The packaging of the skimmed-milk powder                   production of the supporting documents, grant an
shall bear a red cross 10 centimetres by 10 centi­            advance.
metres and the following wording in letters at least
one centimetre high :                                         Such an advance may, however, not exceed 80 % of
                                                              the sum agreed for the delivery and shall be paid only
' Lait ecreme en poudre avec vitamines 'A' (5 000             subject to the undertaking concerned lodging a secu-.
UI/ 100 g) et ' D' (500 UI/ 100 g)/Don de la Commu­           rity for the skimmed-milk powder shipped, in accor­
naute economique europeenne/Action du Comite                  dance with the conditions laid down in Article 1 (2)
international de la Croix-Rouge/Pour distribution grat­       and (4), and having left the geographical territory of
uite au Liban .'                                              the Community and if the undertaking furnished a
                                                              security for the sum of the advance, raised by 10 % .
                         Article 2
                                                                                       Article 4
 1 . Delivery shall be effected to the port of
unloading of Limassol (Cyprus).                              The Belgian Government :
2. Embarkation shall take place after 25 March and            1 . shall ensure that the agent designated by the
before 5 April 1977.                                              mutual agreement contract :
                                                                  (a) notifies the recipient organization, as soon as
3 . Delivery cif shall be completed when the goods
                                                                      possible after the goods have been loaded on
are actually deposited on the quayside at the port of
unloading or on board a lighter as the case may be.                   board ship, of details of the ship, the loading
                                                                      date, the quantity and quality of the goods
4. The recipient country shall bear all costs                         recorded on shipment,
incurred after delivery including the costs of taking             (b) informs the recipient organization, at least 10
delivery of the goods.                                                clear days before arrival at the port of
                                                                      unloading of the expected date of arrival,
Any demurrage costs at the port of unloading attribu­
table to the recipient agency shall be borne by it. The           (c) has included in the terms of the charter-party a
rates and other details concerning such costs shall be                provision stipulating that the ship's captain
laid down in the contract between the Community                       shall, at least 72 hours in advance, notify the
agent (designated by the mutual agreement contract                    country of destination of the ship's probable
specified in Article 3) and the carrier and must have                 date of arrival in port ;
been previously agreed upon by the former and the             2. shall send to the Commission as soon as possible
agent of the recipient organization .                             the information specified in paragraph 1 (a) and (b).
5. A delivery certificate shall be issued on delivery
                                                                                       Article 5
by the receiving agent nominated by the recipient
organization.                                                 No refund or compensatory amount (whether mone­
                                                              tary or accession) may be granted in respect of skim­
                         Article 3                            med-milk powder supplied pursuant to this Decision.
 1 . The amount to cover delivery costs to the port of                                 Article 6
unloading as referred to in Article 2 ( 1 ), including the
costs of insurances, shall be determined by the inter­       This Decision is addressed to the Kingdom of
vention agency concerned by mutual agreement on               Belgium.
the least onerous terms possible.
2. The intervention agency shall send immediately             Done at Brussels, 21 February 1977.
to the Commission a copy of the private contract.
                                                                                         For the Commission
3 . If, owing to circumstances beyond the control of
the undertaking responsible for the delivery, the                                         Finn GUNDELACH
submission of the attestation of delivery referred to in
Article 2 (5) is delayed, the competent agency may, on                                       Vice-President
 ---pagebreak--- 8 . 3 . 77                          Official Journal of the European Communities                           No L 62/ 19
                                                        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 content :
               (aa) vitamin A :                              5 000 i.u . per 100 g minimum
               (bb) vitamin D :                              500 i.u. per 100 g minimum