CELEX: 31973D0326
Language: en
Date: 1973-10-08 00:00:00
Title: Commission Decision of 8 October 1973 concerning the supply of skimmed-milk powder to the International Committee of the Red Cross as emergency food aid

25 . 10 . 73                               Official Journal of the European Communities                                No L 297/31
                                                     COMMISSION DECISION
                                                          of 8 October 1973
               concerning           the supply of skimmed-milk powder to the International
                                    Committee of the Red Cross as emergency food aid
                                     (Only the French , German and Dutch texts are authentic)
                                                             (73/326/EEC)
THE COMMISSION OF THE EUROPEAN                                        question could be supplied by the Belgian, French ,
COMMUNITIES,                                                          German and Dutch intervention agencies ;
                                                                      Whereas the measures provided for in this Decision
Having regard to the Treaty establishing the European                 are in accordance with the Opinion of the Manage­
Economic Community ;                                                  ment Committee for Milk and Milk Products,
Having regard to Council Regulation (EEC) No
804/68 (') of 27 June 1968 on the common organiza­
tion of the market in milk and milk products, as last                 HAS ADOPTED . THIS DECISION :
amended by the Act (2) concerning the Conditions , of
Accession and the Adjustments to the Treaties, and in
particular Articles 7 (5) and 28 thereof ;                                                      Article 1
Whereas Council Regulation ( EEC) No 2721 /72 (3) of                  1.      In accordance with Regulation ( EEC) No
19 December 1973 on the supply of skimmed-milk                        2721 /72, 3 120 metric tons of skimmed-milk powder
powder as food aid , as amended by Regulation ( EEC)                  bought in pursuant to Article 7 of Regulation (EEC)
No 2700/73 (4), provides, inter alia, that 6 000 metric­              No 804/ 68 shall be delivered to the ICRC and allo­
                                                                      cated as follows :
tons of skimmed-milk powder should be made avail­
able    to the   International        Committee      of the  Red
Cross ;                                                               — 3 000 metric tons to Pakistan ,
                                                                      — 120 metric tons to Ethiopia.
Whereas Article 3 ( 1 ) (d) of that Regulation provides
                                                                      2. The skimmed-milk powder shall, as regards
for the payment of a sum of money to cover delivery
                                                                      quality and packing, satisfy the requirements laid
costs, arrangements for such payment being approved
                                                                      down in Annex I to Commission Regulation (EEC)
by the Community under the terms of the supply
contract ; whereas such sums are to be determined , as                No 1 108 /68 (5) of 27 July 1968 concerning the
                                                                      methods of public storage of skimmed-milk powder,
paragraph 2 of that Article provides, by inviting
tenders or, having regard to the urgency of the situa­
                                                                      as last amended by Regulation (EEC) No 2196/73 (6).
tion , by mutual agreement, on the least onerous terms
possible ;                                                            The packing of the skimmed-milk powder shall bear a
                                                                      red cross 1 5 cm by 1 5 cm and be marked in letters at
                                                                      least 1 cm high :
Whereas , in view of the deterioration of the situation               'Skimmed-milk powder / Gift of the European
and of the need for immediate aid, a certain quantity                 Economic Community / Action of the Red Cross.'
of skimmed-milk powder should be delivered immedi­
ately by air and a further quantity should be shipped
as soon as possible ; whereas it is apparent that mutual                                         Article 2
agreement must be sought in respect of the deliveries
in question ;
                                                                      Delivery shall be made to Pakistan :
Whereas having regard to the stocks held by the inter­                (a) by air, before 10 December 1973,
                                                                           of 1 57-5 metric tons from the stocks of the Dutch
vention agencies and to the situation of the market in
skimmed-milk powder, it appears that the quantity in                        intervention agency, free at the Pakistani airport,
                                                                           destination   to  be   notified      to the  intervention
(') <J | No L 1 48 , 28 . 6 . 1 968 , p . 13 .
                                                                            agency concerned by the Commission ;
(-') OJ No L 73 , 27 . 3 . 1972, p. 14 .
(■') O'j No L 291 , 28 . 12. 1972, p. 28 .                            (5 ) OJ No L 184, 29 . 7 . 1968 , p. 34.
(4 ) O") No L 279, 5. 10. 1973, p. 1 .                                (b) OJ No L 223 , 11 . 8 . 1973 , p. 20 .
 ---pagebreak--- No L 297/32                         Official Journal of the European Communities                              25 . 10 . 73
(b) by sea, before 10 December 1973,                          warehouses of the airport of the country of destina­
     of 2 842-5 metric tons from the stocks of the             tion .
     Belgian intervention agency, cif to the port of
     Karachi .                                                Any costs in respect of delays in taking delivery attrib­
                                                               utable to the ICRC shall be for the account of the
                                                               ICRC .
                         Article 3
Delivery shall be made to Ethiopia by air, free at                                       Article 6
Addis Ababa airport, by 10 December 1973 , of :
— 85 metric tons from the stocks of the French inter­          1 . The intervention agencies concerned shall be
     vention agency, and                                       responsible for transporting the goods to the destina­
                                                               tions referred to in Articles 2 and 3 .
— 35 metric tons from the stocks of the German
     intervention agency.                                      2.     It shall take all measures necessary to ensure that
                                                               the skimmed-milk powder supplied is actually deliv­
                         Article 4                             ered at such destinations .
 1 . The intervention agencies concerned shall notify                                    Article 7
the ICRC, as soon as possible after the goods have left
the place of shipment, of details of the ship or aero­        The amounts to cover delivery costs to the stages speci­
plane, the loading date, the quantity and quality of           fied in Articles 2 and 3 shall be determined by the
goods as recorded on shipment, the date of unloading           intervention agency concerned by mutual agreement
and, where carriage is by sea, the daily rate of               on the least onerous terms possible.
unloading at the port .
2. Where carriage is by sea, the intervention agen­                                      Article 8
cies concerned shall, at least ten clear days in advance,
inform the ICRC of the expected date of arrival of the        The intervention agencies concerned shall immedi­
ship at the port of unloading and shall have included          ately inform the Commission of the costs incurred,
in the terms of the charter-party a provision stipu­           the means of transport utilized and of any voluntary
lating that the ship's captain must, at least 72 hours in      assistance provided .
advance inform the ICRC of the probable date of
arrival of the ship in port.                                                             Article 9
                         Article 5                             No refund or compensatory amount may be granted
                                                               in respect of skimmed-milk powder delivered
 1 . The recipient shall bear all costs subsequent to          pursuant to this Decision. The corrective referred to
delivery, including costs of taking delivery.                  in Article 2 (2) of Regulation (EEC) No 1 188/73 shall
                                                               not be applied.
2.     Where carriage is by sea :
(a) delivery cif shall be completed when the goods are                                   Article 10
     actually unloaded on the quayside or on to a
     lighter if this method is used ;                         This Decision is addressed to the Kingdom of
(b) any demurrage costs at the port of unloading in            Belgium, the French Republic, the Federal Republic
     respect of delays attributable to the ICRC shall be       of Germany and the Kingdom of the Netherlands.
     for the account of the ICRC . The amount of these
     costs and detailed rules concerning them shall be
     as fixed in the contract between the Community            Done at Brussels, 8 October 1973 .
     agent and the carrier, subject to prior agreement
     thereon between such agent and the ICRC recep­                                         For the Commission
     tion agent.
                                                                                                The President
3 . Where carriage is by air delivery shall be
completed when the goods are actually placed in the                                       Francois-Xavier ORTOLI