CELEX: 31976D0950
Language: en
Date: 1976-12-03 00:00:00
Title: Commission Decision of 3 December 1976 relating to the urgent supply of skimmed-milk powder to the Republic of Mali as food aid

31 . 12 . 76                                Official Journal of the European Communities                           No L 364/ 39
                                                     COMMISSION DECISION
                                                         of 3 December 1976
                    relating to the urgent supply of skimmed-milk powder to the Republic of Mali as
                                                                 food aid
                                                   (Only the Dutch text is authentic)
                                                             ( 76/950/ EEC)
THE COMMISSION OF THE EUROPEAN                                           HAS ADOPTED THIS DECISION :
COMMUNITIES ,
Having regard to the Treaty establishing the                                                     Article I
European Economic Community,
                                                                         1.     In accordance with Regulations (EEC ) No
Having regard to Council Regulation ( EEC )                              1298 /76 and (EEC ) No 1299 /76, one lot of 500
No 804/68 of 27 June 1968 on the common                                 metric tons of skimmed-milk powder shall be
organization of the market in milk and milk                             delivered to the Republic of Mali.
products ( 1 ), as last amended by Regulation ( EEC )
No 559/76 ( 2 ), and in particular Articles 7 (5 ) and 28               2.      The skimmed-milk powder shall be collected
thereof,                                                                 from the Dutch intervention agency, which shall
                                                                         supply a supplement of 2 °/o empty bags identical to
Whereas Council Regulation (EEC) No 1299/76 of                          those containing the goods .
 1 June 1976 on the supply of skimmed-milk powder
as food aid to certain developing countries and                         3.      The skimmed-milk powder shall meet the
international      organizations            under the       1976         requirements as to quality and packing laid down in
programme (3 ) provides inter alia that 800 metric                      Annex I to Commission Regulation ( EEC) No
tons of skimmed-milk powder shall be made                                1108 / 68 of 27 July 1968 on detailed rules of
available to the Republic of Mali ; whereas this                         application for public storage of skimmed-milk
country has requested 500 metric tons as emergency                       powder (° ), as last amended by Regulation (EEC )
supply ;                                                                No 1457/75 (7).
Whereas Article 5 of Council Regulation ( EEC )                          The Dutch intervention agency shall have marked on
No 1298 /76 of 1 June 1976 laying down general rules                    the packing, in letters at least 1 cm high, the
for the supply of skimmed-milk powder as food aid                        following:
to certain developing countries and international
organizations under the 1976 programme (4), as
amended by Regulation (EEC ) No 2017/76 (5),                             ' Lait écrémé en poudre non vitaminé / Don de la
stipulates that the delivery costs should normally be                    Communauté économique européenne à la république
                                                                         du Mali / Destiné à la vente .'
determined by a tendering procedure, or in
exceptional cases , by a procedure of mutual
agreement ;
                                                                                                  Article 2
Whereas , due to the emergency situation, a private
contract should be negotiated for this supply ;                           !.    Delivery shall be made to Bamako .
Whereas the measures provided for in this Decision                       2.     Delivery shall take place as soon as possible, at
 are in accordance with the opinion of the                                the latest on 31 December 1976 .
Management Committee for Milk and Milk
Products,
                                                                         3.     Delivery ' to destination' shall be completed
 (!)   OJ No L  148 , 28 . 6 . 1968 , p . 13                             when the skimmed-milk powder has actually arrived
 (2)   OJ No L  67, 15 . 3 . 1976 , p . 9 .                              at its destination and been unloaded .
 (:i ) OJ No L  146, 4 . 6 . 1976, p . 5 .
 (4 )  OJ No L  146, 4 . 6. 1976 , p . 3 .                                (B) OJ No L 184, 29 . 7. 1968, p . 34 .
 (•>)  OJ No L  224, 16. 8 . 1976 , p . I.                               (') OJ No L 145 , 6. 6. 1975 , p . 17.
 ---pagebreak---  No L 364/40                          Official Journal of the European Communities                              31 . 12 . 76
 4.      The recipient country shall bear all costs              means of transport used to deliver the goods to their
 incurred after delivery including the cost of taking            destination, the quantity and quality of the goods as
 delivery of the goods and possible transhipment                 recorded on shipment, as well as the port of
 costs .                                                         unloading.
 Any expenses, resulting from delays on the part of              The undertaking entrusted with the delivery shall
 the recipient country in taking over the goods, shall,          inform the recipient country of the probable date of
 on presentation of the necessary proof, be paid by               arrival of the goods at their destination, at least two
 the intervention agency in question, and are the                clear days in advance.
 responsibility of the Community, without prejudice
 to a subsequent repayment by the recipient country.
                                                                                        Article S
 5.      An acceptance certificate shall be issued on
 delivery by the receiving agent nominated by the
 recipient country.                                              No refund or compensatory amount (whether
                                                                 monetary or accession) may be granted in respect of
                                                                 skimmed-milk powder supplied pursuant to this
                         Article 3                               Decision .
 1.     The amount to cover delivery costs from the
storage depot of the intervention agency to the stage                                   Article 6
 referred to in Article 2(1 ) shall be determined by the
 intervention agency concerned by mutual agreement              This Decision is addressed to the Kingdom of the
on the least onerous terms possible.                            Netherlands .
2.     The intervention agency shall send immediately
to the Commission a copy of the private contract or
contracts .
                                                                Done at Brussels, 3 December 1976 .
                        Article 4                                                         For the Commission
                                                                                             P. J. LARDINOIS
The Dutch Government shall as soon as possible
inform the recipient country of the date of loading,                                  Member of the Commission