CELEX: 
Language: en
Date: 1975-10-07 00:00:00
Title: Council Decision of 22 July 1975 on the conclusion of the Agreement between the European Economic Community and the Office of the United Nations High Commissioner for Refugees on the supply of butteroil and flour of common wheat as emergency food aid for the populations affected by the events in Cyprus #Agreement between the European Economic Community and the Office of the United Nations High Commissioner for Refugees on the supply of butteroil and flour of common wheat as emergency food aid for the populations affected by the events in Cyprus

No L 259 / 22                        Official Journal of the European Communities                             7 . 10 . 75
                                                 COUNCIL DECISION
                                                     of 22 July 1975
             on the conclusion of the Agreement between the European Economic Commu­
             nity and the Office of the United Nations High Commissioner for Refugees on
             the supply of butteroil and flour of common wheat as emergency food aid for
                                  the populations affected by the events in Cyprus
                                                       (75/591 /EEC)
THE COUNCIL OF THE EUROPEAN                                      HAS DECIDED AS FOLLOWS :
COMMUNITIES,                                                                           Article 1
Having regard to the Treaty establishing the European            The Agreement between the European Economic
Economic Community, and in particular Articles 113,              Community and the Office of the United Nations
1 14 and 228 thereof ;                                           High Commissioner for Refugees on the supply of
                                                                 butteroil and flour of common wheat as emergency
Having regard to the recommendation from the                     food aid for the populations affected by the events in
Commission ;                                                     Cyprus, is hereby concluded on behalf of the Euro­
Whereas the European Economic Community has                      pean Economic Community.
concluded the 1971 food-aid convention ;                         The text of the Agreement is annexed to this Deci­
                                                                 sion .
Whereas in Regulation (EEC) No 865/75 ('), the
Council has decided to make available to the Office of                                 Article 2
the United Nations High Commissioner for Refugees                The President of the Council is hereby authorized to
300 metric tons of butteroil ;                                   designate the persons empowered to sign the Agree­
                                                                 ment and to confer on them the necessary powers to
Whereas the Office of the United Nations High                    bind the Community.
Commissioner for Refugees has made known the
requirements in cereal products of the populations               Done at Brussels, 22 July 1975.
affected by the events in Cyprus ; whereas, under the
                                                                                            For the Council
1 974/75 food-aid programme (cereals), 5 000 metric
tons of common wheat, in the form of 3 311 metric                                            The President
tons of flour of common wheat, should consequently
be allocated to this body as emergency food aid,                                              M. RUMOR
(') OJ No L 84, 4 . 4 . 1975, p. 1 .
 ---documentbreak--- 7. 10 . 75                          Official Journal of the European Communities                            No L 259 / 23
                                                     AGREEMENT
              between the European Economic Community and the Office of the United
               Nations High Commissioner for Refugees on the supply of butteroil and flour
              of common wheat as emergency food aid for the populations affected by the
                                                   events in Cyprus
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES,
              of the other part,
               HAVE DECIDED to conclude this Agreement and to this end have designated as their Plenipotenti­
              aries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                             It reserves the right to transport the products supplied
The European Economic Community, hereinafter                  as aid free of charge if means of transport are made
referred to as the 'Community', shall supply by way of        available to it without charge .
gift to the Office of the United Nations High                 Any problems arising in this connection shall be the
Commissioner for Refugees, hereinafter referred to as         subject of consultations under Article VI .
the 'recipient body', 300 metric tons of butteroil and
5 000    metric   tons  of  common     wheat   under  the                                Article IV
1974/75 food-aid programme (cereals), to be supplied
in the form of 3 311 metric tons of flour of common
                                                              The recipient body undertakes to use the products
                                                              received as aid for purposes of consumption and to
wheat to be delivered in new cotton sacks having a            distribute them free of charge to the populations
net weight of 50 kg each .                                    affected by the events in Cyprus.
The quality and packaging requirements for the
butteroil are set out in Annex I , which forms an inte­                                  Article V
gral part of this Agreement.                                  The recipient body undertakes to inform the Euro­
                         Article II                           pean Economic Community on the method of imple­
                                                              mentation of this Agreement. To this end, it shall
Deliveries shall be made in accordance with the provi­        provide the Commission of the European Communi­
sions of Annex II, which forms an integral part of this       ties with the following information :
Agreement.
                                                              ( 1 ) immediately after unloading of each cargo : port
                        Article III                                 and date of arrival of the vessel ; nature and quan­
                                                                    tity of the products unloaded and any comments
The recipient body undertakes to make all necessary                 on the quality ; date on which unloading was
arrangements for the transport and the insurance of                 completed ;
the products from the point of delivery to the places         (2) one month after completion of the delivery, and
of destination .
                                                                    thereafter every three months until the quantities
It undertakes to exercise the greatest possible care to             received as aid have been fully used : quantities
ensure that the tendering arrangements for the trans­               distributed ; number and description of the benefi­
port by sea are not prejudicial to the free play of fair            ciaries ; places, time-table and method of distribu­
competition .                                                       tion .
 ---pagebreak--- No L 259 /24                          Official Journal of the European Communities                              7. 10 . 75
                         Article VI                                                      Article VII
At the request of either of them, the Contracting                  This Agreement shall be drawn up in duplicate in
Parties shall consult each other on any questions                  Danish, Dutch, English, French, German and Italian,
concerning implementation of this Agreement.                       each of these texts being authentic.
                                                          ANNEX I
                                     QUALITY AND PACKAGING REQUIREMENTS
                                                         BUTTEROIL
              I. Quality
                  (a) Characteristics of the product :
                      Concentrated milk fat containing not less than 99-8 % of pure fat.
                  (b) Standard ingredients :
                      (Analysis made at time of manufacture and packing)
                      — Moisture and non-fat ingredients of milk : not more than 0-2 %
                      — Fat : not less than 99-8 %
                      — Free fatty acids : not more than 0-5 % (expressed as oleic acid)
                      — Peroxide level/kg : not more than 1 unit (in milli equivalents of active oxygen per kg)
                      — Taste : pure
                      — Smell : absence of smell extraneous to butteroil .
             II . Packaging
                  (a) Metal cans of 5 kg — four cans per carton
                  (b) Details on the packaging (in English) :
                      BUTTEROIL / GIFT FROM THE EUROPEAN ECONOMIC COMMUNITY / TO THE
                      OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES / FOR
                       FREE DISTRIBUTION TO THE PEOPLE OF CYPRUS
 ---pagebreak--- 7. 10 . 75                             Official Journal of the European Communities                                No L 259 /25
                                                              ANNEX II
                                       PROCEDURES FOR DELIVERY AND RECEIPT
                         CHAPTER I                                 provided for in Article 6, the agents of the Community and
                                                                   of the recipient body may, without prejudice to Article 4,
                      General Provisions                           agree on a new date and j new time-limit for the delivery of
                                                                   all the goods or of the undelivered part thereof.
                           Article 1
Delivery shall be effected and all risk shall pass from the                                 CHAPTER III
Community to the recipient body at the moment when the
goods are put down at the point of exportation named by the
Commission of the European Communities at the berth                             Obligations of the recipient body
specified by the recipient body or its agent referred to in
Article 2 and under the terms specified in this Annex.
Without prejudice to Articles 7 and 8, the Community shall                                     Article 6
bear all costs prior to delivery and the recipient body all
costs after delivery.                                              After contacting the Community, the recipient body shall
                                                                   procure, to transport the goods provided for in Article I of
                           Article 2                               the Agreement, one or more vessels of dimensions corres­
                                                                   ponding to the normal capacity of the port of shipment ;
For the purpose of implementing the provisions of this             these vessels must be ready for loading on a date falling
Annex, the Community shall appoint — if necessary for              within the period referred to in Article 3 .
each consignment — an agent whose name and address it
shall make known to the recipient body immediately                 The agent of the recipient body shall inform the Community
following his appointment. For each port of shipment the           of this date and of the date for commencement of delivery as
recipient body shall appoint an agent whose name and               soon as he knows them, if possible 20 clear days in advance
address it shall make known to the Community with all              and in any case 10 clear days before the date for commence­
despatch and if possible before the appointment of the agent       ment of delivery.
of the Community.
                                                                    He shall establish with the agent of the Community the sche­
                            Article J                              dule according to which delivery shall take place.
Before implementing the procedure for appointing the agent
of the Community referred to in Article 2, the Commission                                      Article 7
of the European Communities and the recipient body shall
establish by joint agreement the period during which               Where the recipient body is unable to begin loading on the
delivery must begin .                                              date provided for in the first paragraph of Article 6, the agent
                                                                   of the recipient body shall inform the agent of the Commu­
                                                                    nity without delay.
                         CHAPTER II
                                                                    In this event the agents of the Community and of the recip­
              Obligations of the Community                          ient body may agree on a new date for the commencement
                                                                   of delivery and, if applicable, a new schedule. Save in cases of
                                                                   force majeure, the costs arising from the delay in loading
                           Article 4
                                                                   shall be borne by the recipient body.
Where the Community is not in a position to carry out
delivery on the date, and, if applicable, according to the sche­   Should the new date provided for in the second paragraph be
dule laid down in Article 6, all costs arising for the recipient    more than 30 clear days after the date for loading provided
body — for example, demurrage, void freight and dead               for in the first paragraph of Article 6, the Community may
freight — shall be borne by the Community.                         dispose of the goods without prejudice to its commitment
                                                                   under Article I of the Agreement.
The charges and the arrangements relating to demurrage laid
down in the contract concluded between the recipient body
and the carrier must have previously been agreed by the                                        Article 8
recipient body and the agent of the Community.
                                                                   Where the quantity intended for loading on a vessel cannot
The other costs referred to in the first paragraph shall be        be loaded on board in its entirety, the recipient body shall
refunded by the Community only if they have been paid by            inform the Community as soon as possible, and no later than
the recipient body with the approval of the Community.              15 clear days after loading has been completed, whether it
                                                                    intends to accept or to renounce the balance .
                           Article 5
                                                                    In the former case the second and third paragraphs of Article
Where it is impossible for the Community to supply all or          7 shall apply to the balance, if delivery has not yet taken
part of the goods on the date and within the time-limits           place .
 ---pagebreak--- No L 259/26                          Official Journal of the European Communities                                   /• 10. 75
In the latter case, the Community may consider that it has                               Article 9
discharged its commitment to the recipient body under          Upon delivery of the goods, the recipient body shall hand
Article I of the Agreement and shall bear the costs resulting  over to the authorized agent of the Community a certificate
from renunciation .
                                                               of acceptance which shall set out the port of shipment, date
                                                               of acceptance and the nature and quantity of the goods
In any event, after an interval of 15 clear days and in the    accepted, together with any comments on the quality of the
absence of any notice on the part of the recipient body,       goods. A copy of the certificate shall be sent to the Commis­
renunciation shall be deemed to have taken place.              sion of the European Communities­
               Information concerning the signing of the Agreement between the European
               Economic Community and the Office of the United Nations High Commis­
                                   sioner for Refugees on the supply of food aid
               The Agreement between the European Economic Community and the Office of the
               United Nations High Commissioner for Refugees on the supply of butteroil and flour of
               common wheat as food aid, which the Council decided to conclude on 22 July 1975, was
               signed in Brussels on 23 July 1975, on behalf of the Council of the European Communi­
               ties by :
               Mr Enrico Macchia, Minister Plenipotentiary, Chairman of the Committee of Deputy
               Permanent Representatives and Mr Corrado Cornelli, Director in the Directorate Opera­
               tions of the Commission of the European Communities ;
               and on behalf of the Office of the United Nations High Commissioner for Refugees by :
               Mr Gilbert Jaeger, Aid Program Director at the Office of the United Nations High
               Commissioner for Refugees in Geneva.
 ---documentbreak--- NA ---documentbreak--- No L 259/26                          Official Journal of the European Communities                                   /• 10. 75
In the latter case, the Community may consider that it has                               Article 9
discharged its commitment to the recipient body under          Upon delivery of the goods, the recipient body shall hand
Article I of the Agreement and shall bear the costs resulting  over to the authorized agent of the Community a certificate
from renunciation .
                                                               of acceptance which shall set out the port of shipment, date
                                                               of acceptance and the nature and quantity of the goods
In any event, after an interval of 15 clear days and in the    accepted, together with any comments on the quality of the
absence of any notice on the part of the recipient body,       goods. A copy of the certificate shall be sent to the Commis­
renunciation shall be deemed to have taken place.              sion of the European Communities­
               Information concerning the signing of the Agreement between the European
               Economic Community and the Office of the United Nations High Commis­
                                   sioner for Refugees on the supply of food aid
               The Agreement between the European Economic Community and the Office of the
               United Nations High Commissioner for Refugees on the supply of butteroil and flour of
               common wheat as food aid, which the Council decided to conclude on 22 July 1975, was
               signed in Brussels on 23 July 1975, on behalf of the Council of the European Communi­
               ties by :
               Mr Enrico Macchia, Minister Plenipotentiary, Chairman of the Committee of Deputy
               Permanent Representatives and Mr Corrado Cornelli, Director in the Directorate Opera­
               tions of the Commission of the European Communities ;
               and on behalf of the Office of the United Nations High Commissioner for Refugees by :
               Mr Gilbert Jaeger, Aid Program Director at the Office of the United Nations High
               Commissioner for Refugees in Geneva.