CELEX: 31976D0695
Language: en
Date: 1976-07-26 00:00:00
Title: Commission Decision of 26 July 1976 concerning the supply to the International Committee of the Red Cross, as emergency food aid for the benefit of Lebanon, of vitaminized skimmed-milk powder to be purchased on the Community market

26. 8 . 76                                Official Journal of the European Communities                          No L 235/35
                                                    COMMISSION DECISION
                                                          of 26 July 1976
               concerning the supply to the International Committee of the Red Cross, as emer­
               gency food aid for the benefit of Lebanon , of vitaminized skimmed-milk
                                    powder to be purchased on the Community market
                                                  (Only the Dutch text is authentic)
                                                            (76/ 695/ EEC)
THE COMMISSION OF THE EUROPEAN                                         HAS ADOPTED THIS DECISION :
COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community,                                                                            Article 1
Having regard to Council Regulation ( EEC) No                          1.    In accordance with Regulations ( EEC) No
804/68 of 27 June 1968 on the common organization                      1826/74 and ( EEC) No 1827/74, the Dutch interven­
of the market in milk and milk products ('), as last                   tion agency shall deliver cif Jounieh ( Lebanon ) a lot
amended by Regulation (EEC) No 559/76 (2), and in                      of  70   metric  tons   of  vitaminized skimmed-milk
particular Articles 7 (5) and 28 thereof,                              powder bought in on the Community market for
                                                                       Lebanon .
Having regard to Council Regulation ( EEC) No
 1826/74 of 11 July 1974 laying down general rules for
                                                                       In case the port of Jounieh be closed, delivery should
the supply of skimmed-milk powder as food aid to                       take place at the port of Limassol (Cyprus).
certain developing countries and international organi­
zations (3), and in particular Article 6 thereof,
                                                                       2. The skimmed-milk powder shall , as regards
Whereas Council Regulation ( EEC) No 1827/74 of 11                     quality and packing, satisfy the requirements laid
July 1974 on the supply of skimmed-milk powder as                      down in the Annex to this Decision .
food aid to certain developing countries and interna­
tional organizations (4), , provides inter alia for 3 000              3 . The supplier, designated by the mutual agree­
metric tons of skimmed-milk powder to be made avail­                   ment contract specified in Article 3 , shall deliver a
able to the International Committee of the Red Cross
                                                                       further 5 % of empty bags identical to those
(ICRC) ; whereas the ICRC has requested the supply                     containing the goods . He shall undertake to have
of    70  metric    tons     of   vitaminized     skimmed-milk
                                                                       these bags mentioned on the bill of lading.
 powder for Lebanon ;
Whereas Article 2 (2) of Regulation ( EEC) No 1 826/74
 provides that, if there is not enough skimmed-milk                                            Article 2
powder available in public stocks with the characteris­
tics necessary for the particular destination where this
 requires, in particular, the addition of vitamins,                    1.    Delivery cif shall be completed when the goods
supplies shall be obtained by purchase of skimmed­                     are actually deposited on the quayside at the port of
 milk powder on the Community market ;                                 unloading or on board a lighter as the case may be .
Whereas Article 5 of Regulation ( EEC) No 1826/74                      2 . The recipient country shall bear all costs
stipulates that, in the case of emergency actions the                  incurred after delivery including the costs of taking
forwarding costs may be determined by a procedure of                   delivery of the goods .
 mutual agreement ;
                                                                       Any demurrage costs at the port of unloading attribu­
Whereas the measures provided for in this Decision                     table to the recipient agency shall be borne by that
are in accordance with the opinion of the Manage­                      agency. The rates and other details concerning such
ment Committee for Milk and Milk Products ,                            costs shall be laid down in the contract between the
                                                                       Community agent (designated by the mutual agree­
(')  OJ  No L 148 , 28 . 6 . 1968 , p . 13 .                           ment contract specified in Article 3) and the carrier
(*)  OJ  No L 67, 1 5 . 3 . 1 976, p. 9 .
(3 ) OJ  No L 190, 13 . 7. 1974, p . 20 .                              and must have been previously agreed upon by him
(4)  OJ  No L 190, 13 . 7 . 1974, p . 22.                              and the recipient's delivery agent .
 ---pagebreak--- No L 235/36                        Official Journal of the European Communities                             26 . 8 . 76
3 . A delivery certificate shall be issued on delivery          (b) inform the country destination , at least 10 clear
by the receiving agent nominated by the recipient                    days before arrival at the port of unloading of
organization .                                                       the expected date of arrival ;
4.     Embarkation shall take place as soon as possible.        (c) have included in the terms of the charter-party
                                                                     a provision stipulating that the ship's captain
                         Article 3
                                                                     shall , at least 72 hours in advance, notify the
                                                                     country of destination of the ship's probable
1.     The amount to cover the delivery costs cif                    date of arrival in port ;
referred to in Article 1 ( 1 ), including the insurance      2. send to the Commission as soon as possible the
costs, shall be determined by the intervention agency            information specified in paragraph 1 (a) and (b).
concerned by mutual agreement on the least onerous
terms possible .                                                                       Article 5
2. The intervention agency shall send immediately            No refund or compensatory amount (whether mone­
to the Commission a copy of the private contract or          tary or accession) may be granted in respect of skim­
contracts .
                                                             med-milk powder supplied pursuant to this Decision .
                         Article 4                                                     Article 6
The Dutch Government :                                       This Decision is addressed to the Kingdom of Nether­
                                                             lands .
1 . shall ensure that the agent designated by the
    mutual agreement contract :
    (a) notify the country of destination , as soon as        Done at Brussels, 26 July 1976 .
        possible after the goods have been loaded on
                                                                                         Fur the Commission
        board ship, of details of the ship, the loading
        date, the quantity and quality of the goods as                                      P.J. LARDINOIS
        recorded on shipment, the port of unloading,
        and the daily unloading rate at the port ;                                    Member of the Commission
 ---pagebreak--- 26 . 8 . 76                            Official Journal of the European Communities                                 No L 235/37
                                                              ANNEX
             I. 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° Domic)
                 (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 : vitamin A :                 5 000 l.u . per 100 g
            II . Packing
                 (a) New bags of a net weight content of 25 kg (5 % empty bags).
                 (b) Composition :
                      — four Kraft paper bags of a strength representing at least 70 g/ m - ;
                      — one interposed tar-lined paper bag, of a strength representing at least 140 g/ m : or one
                           Kraft paper bag with polyethylene layer, of a strength representing at least 70 g 4- 1 5
                           g/ m -' ;
                      — one polyethylene inner bag at least 0-08 mm thick double bound .
                 (c) The packaging of the skimmed-milk powder shall bear a red cross 10 x 10 cm high , and in
                      letters at least 1 cm high , shall bear the following inscription :
                      ' Lait ecreme en poudre avec vitamines A 5 000 u.i . / 100 gr. — Don de la Communauté
                      économique européenne — Action du Comité international de la Croix-Rouge — À distri­
                      buer gratuitement .