CELEX: 31976D0473
Language: en
Date: 1976-05-05 00:00:00
Title: Commission Decision of 5 May 1976 on the supply, as a matter of urgency, of butteroil to the United Nations High Commissioner for Refugees for the benefit of Angolan refugees in Zaire, as food aid

21 . 5 . 76                                Official Journal of the European Communities                         No L 132/29
                                                                   II
                                               (Acts whose publication is not obligatory)
                                                       COMMISSION
                                                      COMMISSION DECISION
                                                            of 5 May 1976
                on the supply, as a matter of urgency, of butteroil to the United Nations High
                Commissioner for Refugees for the benefit of Angolan refugees in Zaire , as food
                                                                  aid
                                          (Only the French and Dutch texts are authentic)
                                                             (76/473/ EEC)
THE COMMISSION OF THE EUROPEAN                                         Whereas Article 5 of Council Regulation (EEC) No
 COMMUNITIES,                                                           1541 /75 of 16 June 1975 laying down general rules
                                                                       for the supply of milk fats as food aid to certain deve­
                                                                       loping countries and international organizations under
 Having regard to the Treaty establishing the European
                                                                       the 1 975 food-aid programme (5), stipulates that the
 Economic Community,
                                                                       costs of delivery shall be determined by a tendering
                                                                       procedure or, in the case of an emergency action, by a
 Having regard to Council Regulation (EEC) No                          procedure of mutual agreement ;
 804/68 of 27 June 1968 on the common organization
of the market in milk and milk products ('), as last                   Whereas, in view of the need to provide immediate
amended by Regulation (EEC) No 559/76 (2), and in                      aid, it is apparent that mutual agreement must be
 particular Articles 6 (7) and 28 thereof,                             nought in respect of this supply ;
Whereas Council Regulation (EEC) No 1542/75 of 16                      Whereas the measures provided for in this Decision
June 1975 on the supply of milk fats as food aid to                    are in accordance with the opinion of the Manage­
certain developing countries and international organi­                 ment Committee for Milk and Milk Products,
zations under the 1975 food-aid programme (3),
provides for a reserve stock of 4 550 metric tons of
butteroil ; whereas, according to Council Regulation
(EEC) No 693/76 of 25 March 1976 on the supply, as
a matter of urgency, of butteroil to the United Nations                HAS ADOPTED THIS DECISION :
 High Commissioner for Refugees for the benefit of
Angolan refugees in Zaire, as food aid pursuant to
Regulation (EEC) No 1 542/75 (4), 100 metric tons
from this reserve shall be allocated to the United                                                Article 1
Nations High Commissioner for Refugees for the
benefit of Angolan refugees in Zaire ; whereas this                     100 metric tons of butteroil for Angolan refugees in
organization has requested the abovementioned quan­                    Zaire shall be delivered to the United Nations High
tity for that destination ;                                            Commissioner for Refugees in accordance with the
                                                                       provisions laid down in Regulations (EEC) No
(>)  OJ  No  L 148 , 28 . 6 . 1968 , p. 13.                            1541 /75, (EEC) No 1542/75 and (EEC) No 693/76.
(2 ) OJ  No  L 67, 15 . 3 . 1976, p. 9 .
(3 ) OJ  No  L 157, 19 . 6 . 1975, p. 6 .
(4 ) OJ  No  L 83 , 30 . 3 . 1976, p. 3 .                              (5 ) OJ No L 157, 19 . 6 . 1975, p. 4.
 ---pagebreak--- No L 132/30                          Official Journal of the European Communities                               21 . 5 . 76
                         Article 2                             stage specified in Article 3 ( 1 ) shall be determined by
1.    The . butter to be used in the manufacture of
                                                               the intervention agency concerned by means of a
                                                               mutual agreement procedure on the least onerous
butteroil shall be collected from the Belgian interven­        terms possible.
tion agency.
                                                               2. The intervention agency shall forward to the
2. The butteroil shall satisfy the requirements as             Commission forthwith a duplicate of the mutual agree­
regards quality and packing laid down in the Annex             ment contract or contracts .
to Commission Regulation (EEC) No 2247/75 of 29
August 1975 on the terms of invitations to tender for                                    Article 5
the costs of manufacture and delivery of butteroil as
food aid to certain developing countries and to the            The Belgium Government shall :
World Food Programme (').
                                                                1 . ensure that the undertaking designated by mutual
It shall be packed exclusively in five-kilogrammes                  agreement :
canisters.
                                                                    (a) notifies the organization of destination , as soon
3 . As regards the wording to be stated on the                          as possible after the goods have left the port of
packing, the statement specified in Chapter II (2) (b)                  shipment, of details of the ship, the loading
of the Annex stipulated in the preceding paragraph                      date, and the quantity and quality of the goods
shall be the following :                                                as recorded on shipment ;
                                                                    (b) inform the organization of destination of the
' Butteroil — Don de la Communauté économique
                                                                        expected date of arrival at the port of
européenne — Action de l'UNHCR au Zaire — À                             unloading, at least 10 clear" days in advance ;
distribuer gratuitement.'
                                                                    (c) have included in the terms of the charter party
                          A rticle 3
                                                                        a provision stipulating that the ship's captain
                                                                        shall, at least 72 Vours in advance, notify the
 1.    Delivery shall be effected cif Matadi .                          organization of destination of the ship's prob­
                                                                        able date of arrival in port ;
2.     Loading shall take place as soon as possible.
                                                                2. send to the Commission as soon as possible the
3.     Delivery cif shall be considered as completed                information stipulated in paragraph 1 (a) and (b).
when the goods are effectively deposited on the quay
at the port of unloading or on lighters where the latter                                 Article 6
method is used .
                                                                No restitution or compensatory amount (whether
4. The organization of destination shall bear all               monetary or accession) shall be applied to the butter­
costs incurred after delivery including any unloading           oil supplied pursuant to this Decision .
costs and acceptance costs.
                                                                                         Article 7
Any costs due to delays in taking over the goods for
which the organization of destination is responsible           This Decision is addressed to the Kingdom of
shall be on charge of this organization .                       Belgium .
 5. On cif delivery under the conditions specified in
 paragraph 3, the organization of destination shall issue       Done at Brussels, 5 May 1976.
an attestation certifying that the goods were received .
                                                                                            For the Commission
                          Article 4
                                                                                              P.J. LARDINOIS
 1 . The amount to cover the costs of delivery from
 the storage depot of the intervention agency until the                                 Member of the Commission
(') OJ No L 229, 30 . 8 . 1975, p. 60 .