CELEX: 
Language: en
Date: 1975-06-18 00:00:00
Title: Council Decision of 28 April 1975 on the conclusion of the Agreement between the European Economic Community and the World Food Programme on the supply of skimmed-milk powder to developing countries as food aid #Agreement between the European Economic Community and the World Food Programme on the supply of skimmed-milk powder to developing countries as food aid

18 . 6 . 75                          Official Journal of the European Communities                         No L 156/ 19
                                                             II
                                         (Acts whose publication is not obligatory)
                                                    COUNCIL
                                                 COUNCIL DECISION
                                                     of 28 April 1975
              on the conclusion of the Agreement between the European Economic Commu­
              nity and the World Food Programme on the supply of skimmed-milk powder to
                                            developing countries as food aid
                                                       (75/348/ 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 World Food Programme on the
1 14 and 228 thereof ;                                           supply of skimmed-milk "powder to developing coun­
Having regard to the recommendation from the                     tries as food aid is hereby concluded on behalf of the
Commission ;                                                     European Economic Community.
                                                                 The text 'of the Agreement is annexed to this Deci­
Whereas, under Regulation (EEC) No 1 827/74 ( 1 ), the           sion .
Council decided to make 20 000 metric tons of skim­
med-milk powder available to the world                Food                               Article 2
Programme ;
                                                                 The President of the Council is hereby authorized to
Whereas the object of the World Food Programme is                designate the persons empowered to sign the Agree­
to   make   use  of contributions      received under the        ment and to confer on them the powers necessary to
Programme to meet emergency food requirements                    bind the Community.
and to carry out projects involving the use of food­
stuffs to promote economic and social development ;              Done at Brussels, 28 April 1975 .
Whereas it may happen in certain cases that delivery
                                                                                              For the Council
is made at a stage corresponding to the fob stage ;
whereas in such cases the arrangements for delivery                                            The President
and acceptance of delivery at this stage will have to be
determined rapidly,                                                                           M. A. CLINTON
(') OJ No L 190 , 13 . 7. 1974, p. 22.
 ---documentbreak--- No L 156/ 20                         Official Journal of the European Communities                                18 . 6 . 75
                                                       AGREEMENT
              between the European Economic Community and the World Food Programme
                on the supply of skimmed-milk powder to developing countries as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE WORLD FOOD PROGRAMME,
              a programme undertaken jointly by the United Nations Organization and the United Nations Food
              and Agriculture Organization,
              of the other part,
              Whereas the object of the World Food Programme is to use contributions received under the
              Programme to meet emergency food requirements and to carry out projects involving the use of food­
              stuffs to promote economic and social development ;
              Whereas there are stocks of skimmed-milk powder available in the European Economic Commu­
              nity ; whereas, to contribute towards achieving the objectives of the World Food Programme, the
              Community has decided to place at the latter's disposal a certain quantity of this product,
              HAVE DECIDED to conclude this Agreement, and to this end have designated as their Plenipotenti­
              aries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE WORLD FOOD PROGRAMME :
              WHO HAVE AGREED AS FOLLOWS :
                          Article I                                gral part of this Agreement, or at a corresponding
                                                                   stage, in accordance with a procedure to be deter­
                                                                   mined .
The European Economic Community, hereinafter
referred to as the 'Community', shall supply as a gift
to the World Food Programme, hereinafter referred to
as the ' recipient organization', 20 000 metric tons of
skimmed-milk powder.                                                                      Article IV
                                                                   1 . The recipient organization undertakes to make
                         Article II
                                                                   all necessary arrangements for the transport and insur­
                                                                   ance of the goods from point of delivery to place of
The Community shall ensure that the skimmed-milk                   destination and for their distribution .
powder delivered meets, as a minimum , the require­
ments as to quality and packaging set out in Annex I,
which forms an integral part of this Agreement.                    2. The Community shall pay the recipient organiza­
                                                                   tion a contribution of 80 units of account per metric
                                                                   ton of the product delivered towards costs incurred
                                                                   under paragraph 1 . This contribution shall be paid
                        A rticle III
                                                                  within 30 days of acceptance by the recipient organiza­
                                                                   tion of each delivery of the product and after receipt
Deliveries shall be made fob in accordance with the                by the Community of the letter of acceptance
procedure laid down in Annex II, which forms an inte­              provided for in Article 9 of Annex II .
 ---pagebreak--- 18 . 6 . 75                         Official Journal of the European Communities                        No L 156/21
                   <    Article V                              — at regular intervals until the quantities received as
                                                                   aid have been used up : information concerning
The recipient organization undertakes to use the                   the progress of the projects for which aid was
product received as aid for implementing emergency                 supplied, in particular quantities distributed,
measures and for carrying out economic and social                  number and nature of recipients and places, rate
development and food aid projects previously autho­                and method of distribution .
rized by the Community.
                        Article VI                                                  Article VII
The recipient organization undertakes to inform the
Community of the manner in which this Agreement                At the request of either of them , the Contracting
                                                               Parties shall consult each other on any questions
is implemented. To this end it shall provide the
Commission of the European Communities with the
                                                               concerning the implementation of this Agreement.
following information :
— within a reasonable period following unloading :                                 Article VIII
     port and date of arrival of vessel ; nature and quan­
     tity of the goods unloaded and any comments               This Agreement is drawn up in duplicate in the
     regarding their quality ; date on which unloading         Danish, Dutch, English, French, German, Italian and
     was completed ;                                         ' Spanish languages, each of these texts being authentic .
 ---pagebreak--- No L 156/22                          Official Journal of the European Communities                                    18 . 6 . 75
                                                          ANNEX I
                                                  SKIMMED-MILK POWDER
                                        QUALITY AND PACKING CONDITIONS
           I. Quality requirements
               (a) fat content :                               not exceeding 1-5 % ;
               (b) moisture content :                          not exceeding 4-0 % ;
               (c) total acidity (lactic acid) :               not exceeding 0-15 % ( 18° Dornic) ;
               (d) test for neutralizing agents :              negative ;
               (e) permitted additives :                       none ;
               (f) test for phosphatasis :                     negative ;
               (g) solubility :                                not exceeding 0-5 ml (not less than 99 %) ;
               (h) degree of purity :                          not less than disc B ( 15 0 mg) ;
               (i) bacteria content :                          not exceeding 50 000 per g ;                    '
               (j) test for colon bacillus :                   negative in 0-1 g ;
               (k) flavour and smell :                         fresh ;
               (1) appearance :                                white or slightly yellowish, absence of impurities
                                                               and coloured particles .
          II . Packaging
               (a) containing 25 kg net weight ;
               (b) made up in one of the following ways :
                    (aa) four Kraft paper bags of a strength representing at least 70 g/m2 ;
                         one intercalated bag of tar-lined paper, of a strength representing at least 140 g/m2 ;
                         one polyethylene inner bag at least 0.06 mm thick, welded or double-bound ;
                    or
                    (bb) one Kraft paper bag of a strength representing at least 70 g/m2 ;
                         one Kraft paper bag with a polyethylene lining, of a "strength representing at least 80 g +
                         15 g/ m2 ;
                         three Kraft paper bags of a strength representing at least 70 g/ m2 ;
                         one polyethylene inner bag at least 0-06 mm thick, welded or double-bound ,;
                    (cc) one Kraft paper outer bag of a strength representing at least 85 g/m2 ;
                         one Kraft paper bag with a polyethylene lining, of a strength representing at least 70 g +
                         15 g/ m2 ;
                         two Kraft paper bags of a strength representing at least 70 g/m2 ;
                         one polyethylene inner bag at least 0.12 mm thick, welded or double-bound .
 ---pagebreak---   18 . 6 . 75                           Official Journal of the European Communities                                No L 156/23
                                                              ANNEX II
                                        DELIVERY AND ACCEPTANCE PROCEDURES
                           CHAPTER I                                Article 6, it shall so inform the recipient organization in
                                                                    writing without delay and in any case within eight days ; the
                                                                    agents of both parties shall agree, without prejudice to Article
                       General provisions                           4, on a new date and a new time limit for delivery.
                            Article 1
                                                                                            CHAPTER III
 Delivery shall be effected and all risk shall pass from the
 Community to the recipient organization at the moment at
 which the goods are put down at the point of exportation                   Obligations of the recipient organization
 named by the Commission of the European Communities at
 the berth specified by the recipient organization or its agent
 referred to in Article 2 and under the terms specified in this                                Article 6
 Annex. Without prejudice to Articles 7 . and 8, the Commu­
 nity shall bear all costs prior to delivery and the recipient      After contacting the Community, the recipient organization
 organization all costs after delivery.                             shall procure, to transport the goods, one or more vessels of
                                                                    dimensions corresponding to the normal capacity of the port
                            Article 2                               of shipment ; these vessels must be ready for loading on a
                                                                    date falling within the period referred to in Article 3.
 For the purpose of implementing this Annex the Commu­
 nity shall appoint — if necessary for each consignment —          The agent of the recipient organization shall inform the
 an agent whose name and address it shall make known to             Community of this date and of the date for commencement
 the recipient organization immediately following his appoint­      of delivery as soon as he knows them, if possible 20 clear
 ment together with the port or ports of loading. Only ports       days in advance and in any case 10 clear days before the date
 which are accessible to ocean-going vessels and used for inter­    for commencement of delivery.
 national freight may be named. The recipient organization
 shall appoint in each port of shipment an agent whose name         He shall establish with the agent of the Community the sche­
 and address it shall make known to the Community with all         dule according to which delivery shall take place.
 dispatch and if possible' before the appointment of the
 Community agent.
                                                                                               Article 7
                            Article 3                              Where the recipient organization is unable to begin loading
                                                                   on the date provided for in the first paragraph of Article 6,
 Before implementing the procedure for appointing the agent        its agent shall inform the agent of the Community in
of the Community referred to in Article 2, the Commission          writing, as soon as possible, and in any case within eight
of the European Communities and the recipient organization         days .
shall establish by common agreement the period during
which delivery must begin .                                        In this event, the agents of both parties 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 shall be borne by the recipient
                          CHAPTER II
                                                                   organization .
                                                                   Should the new date be more than 30 clear days after the
               Obligations of the Community
                                                                   date for loading provided for in the first paragraph of Article
                                                                   6, the Community may dispose of the goods without preju­
                            Article 4                              dice to its commitment under Article I of this Agreement.
Where the Community is not in a position to carry out
                                                                                               Article 8
delivery on the date, and if applicable, according to the sche­
dule laid down in Article 6, all costs arising for the recipient
organization — for example, demurrage, void freight and            Where the quantity intended for loading on a vessel cannot
dead freight — shall be borne by the Community, provided           be loaded on board in its entirety, the recipient organization
that the costs are charged at the normal rate.                     shall inform the Community as soon as possible, and no
                                                                   later than 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 the Community is unable to supply all or part of the         7 shall apply to the balance, if delivery has not yet taken
goods on the date and within the time limit provided for in        place.
                                                          /
 ---pagebreak--- No L 156/ 24                         Official Journal of the European Communities                                  18 . 6 . 75
In the latter case the Community may consider that it has                                 A rticle 9
discharged its commitment to the recipient organization
under Article I of this Agreement and shall bear the costs     Upon delivery of the goods, the agent of the recipient organi­
resulting from renunciation .                                  zation shall hand over to the authorized agent of the Commu­
                                                               nity a letter of acceptance which shall set out the port of
In any event, after an interval of 15 clear days and in the    shipment, date of acceptance and the nature and quantity of
absence of any notice on the part of the recipient organiza­   the goods accepted, together with comments on the quality
tion , renunciation shall be deemed to have taken place.       of the goods, if any.
                Information on the signing of the Agreement between the European Economic
                   Community and the World Food Programme on the supply of food aid
               The Agreement between the European Economic Community and the World Food
                Programme on the supply of skimmed-milk powder as food aid, which the Council
               decided to conclude on 28 April 1975, was signed in Brussel's on 30 April 1975, on behalf
               of the Council of the European Communities by :
               Mr Andrew O'Rourke, Minister Plenipotentiary, Deputy Permanent Representative, and
               Mr. J. Durieux, Director in the Development Aid Directorate-General of the Commission
               of the European Communities,
               and on behalf of the World Food Programme by :
               Mr Thomas Robinson , Deputy Executive Director.
 ---documentbreak--- NA ---documentbreak--- No L 156/ 24                         Official Journal of the European Communities                                  18 . 6 . 75
In the latter case the Community may consider that it has                                 A rticle 9
discharged its commitment to the recipient organization
under Article I of this Agreement and shall bear the costs     Upon delivery of the goods, the agent of the recipient organi­
resulting from renunciation .                                  zation shall hand over to the authorized agent of the Commu­
                                                               nity a letter of acceptance which shall set out the port of
In any event, after an interval of 15 clear days and in the    shipment, date of acceptance and the nature and quantity of
absence of any notice on the part of the recipient organiza­   the goods accepted, together with comments on the quality
tion , renunciation shall be deemed to have taken place.       of the goods, if any.
                Information on the signing of the Agreement between the European Economic
                   Community and the World Food Programme on the supply of food aid
               The Agreement between the European Economic Community and the World Food
                Programme on the supply of skimmed-milk powder as food aid, which the Council
               decided to conclude on 28 April 1975, was signed in Brussel's on 30 April 1975, on behalf
               of the Council of the European Communities by :
               Mr Andrew O'Rourke, Minister Plenipotentiary, Deputy Permanent Representative, and
               Mr. J. Durieux, Director in the Development Aid Directorate-General of the Commission
               of the European Communities,
               and on behalf of the World Food Programme by :
               Mr Thomas Robinson , Deputy Executive Director.