CELEX: 31976D0682
Language: en
Date: 1976-07-23 00:00:00
Title: Commission Decision of 23 July 1976 on the supply of vitaminized skimmed-milk powder bought on the Community market for Zaire as emergency food aid

21 . 8 . 76                              Official Journal of the European Communities                          No L 231 / 19
                                                   COMMISSION DECISION
                                                         of 23 July 1976
              on the supply of vitaminized skimmed-milk powder bought on the Community
                                            market for Zaire as emergency food aid
                                         (Only the French and Dutch texts are authentic)
                                                           (76/682/EEC)
THE COMMISSION OF THE EUROPEAN                                      by a procedure of mutual agreement in the case of
COMMUNITIES,                                                        emergency actions ;
Having regard to the Treaty establishing the European               Whereas, in view of the need to provide immediate
Economic Community,                                                 help, a contract by mutual agreement should be
                                                                    negotiated for this supply ;
 Having regard to Council Regulation (EEC) No
804/68 of 27 June 1968 on the common organization                   Whereas the measures provided for in this Decision
of the market in milk and milk products (*), as last                are in accordance with the opinion of the Manage­
amended by Regulation (EEC) No 559/76 (2), and in                   ment Committe for Milk and Milk Products,
particular Articles 7 (5) and 28 thereof,
Having regard to Council Regulation (EEC) No
 1347/75 of 26 May 1975 laying down general rules for               HAS ADOPTED THIS DECISION :
the supply of skimmed-milk powder as food aid to
certain developing countries and international organi­
zations under the 1975 programme (3), and in parti­                                          Article 1
cular Article 6 thereof,
                                                                    1 . In accordance with the provisions of Regulations
Whereas Council Regulation (EEC) No 1348/75 of 26                   (EEC) No 1347/75, (EEC) No 1348/75 and (EEC) No
May 1975 on the supply of skimmed-milk powder as                    1436/76, the Belgian intervention agency shall
food aid to certain developing countries and interna­               proceed to the delivery at the airport of Bukavu of a
 tional organizations under the 1975 programme (4),                 lot of six metric tons of vitaminized skimmed-milk
provides for a reserve stock of 3 800 metric tons of                powder bought on the Community market for Zaire.
skimmed-milk powder ; whereas, according to
Council Regulation (EEC) No 1436/76 of 18 June
 1976 on the supply of skimmed-milk powder as food                  2. The skimmed-milk powder shall meet the
aid to the Republic of Zaire for the population of the              requirements laid down in the Annex to this Decision
 Lake Kivu area under Regulation (EEC) No 1348/75                   for quality and packaging.
(5), six metric tons of this reserve stock shall be allo­
cated to the Republic of Zaire for the people of the                3 . The supplier appointed by the private contract
 Lake Kivu area ; whereas the Republic of Zaire has                 specified in Article 3 shall supply 5 % extra empty
requested the delivery of the abovementioned quantity               bags identical to those containing the goods.
of vitaminized skimmed-milk powder ;
Whereas Article 2 (2) of Regulation (EEC) No 1347/75                                         Article 2
provides that, if the quantities of skimmed-milk
powder in public stocks do not have the characteris­                 1.    Delivery 'at airport' shall be completed when the
tics necessary for their particular destination where               goods are actually deposited at the airport of destina­
 this requires, in particular, the addition of vitamins,            tion .
the supply shall be ensured by the buying-in of
skimmed-milk powder on the Community market ;                       2. The country of destination shall bear all costs
                                                                    incurred after delivery, including acceptance costs.
Whereas Article 5 of Regulation (EEC) No 1347/75                    Any costs resulting from delays in taking over the
provides that the forwarding costs may be determined                goods attributable to the country of destination shall
                                                                    be borne by the latter.
(') OJ   No L 148 , 28 . 6 . 1968 , p. 13 .
(2) OJ   No L 67, 15 . 3 . 1976, p. 9 .                             3 . An acceptance certificate shall be issued on
(J) OJ   No L 138 , 29 . 5. 1975, p. 1 .
(4) OJ   No L 138 , 29 . 5. 1975, p. 3 .                            delivery by the recipient agent appointed by the
(5) OJ   No L 160, 22. 6 . 1976, p. 1 .                             country of destination .
 ---pagebreak--- No L 231 /20                       Official Journal of the European Communities                          21 . 8 . 76
4.     Loading shall take place as soon as possible.         2. shall provide the Commission, as soon as possible,
                                                                with the information specified in paragraph 1 .
                        Article 3
                                                                                    Article 5
1 . The amount covering the costs of delivery at
airport of Bukavu as specified in Article 1 ( 1 ),           No refund or compensatory amount (whether mone­
including insurance costs, shall be determined by the        tary or accession) shall be applied to the skimmed
intervention agency concerned by a procedure of              milk powder specified in this Decision.
mutual agreement on the least onerous terms possible.
2. The intervention agency shall send immediately                                   Article 6
to the Commission a duplicate of the private contract.
                                                             This Decision is addressed to the Kingdom of
                        Article 4
                                                             Belgium .
The Belgian Goverment :
                                                             Done at Brussels, 23 July 1976.
1 . shall make sure that the agent designated in the
    private contract communicates to the country of                                   For the Commission
    destination, as soon as possible, a notice indicating
    the date and the place of loading, the quantity and                                  P. J. LARDINOIS
    quality of the goods as recorded on shipment, and
    the unloading airport ;                                                       Member of the Commission
 ---pagebreak--- 21 . 8 . 76                          Official Journal of the European Communities                             No L 231 /21
                                                           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° Dornic)
                (d) test for neutralization agents :           negative
                (e) authorized additives :                     none
                (f) phosphatase test :                         negative
                (g) solubility :                               0\S 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 0-1 g
                (1) taste and smell :                          clean
                (m) appearance :                               white or slightly yellowish colour, free from
                                                               impurities or coloured particles
                (n) vitamin enrichment
                     (aa) vitamin A :                          5 000 i.u. per 100 g
                     (bb) vitamin D :                          500 i.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/m2 ;
                     — one interposed tar-lined paper bag, of a strength representing at least 140 g/m2 or one
                         Kraft paper bag with polyethylene layer, of a strength representing at least 70 g + 15
                         g/m2 ;
                     — one polyethylene inner bag at least 0-08 mm thick double bound.
                (c) The following marking to appear on the packaging in letters at least 1 cm high :
                     'Lait écrémé en poudre enrichi de vitamines A et D — Don de la Communauté économique
                     européenne à la republique du Zaïre — À distribuer gratuitement.'