CELEX: 51975PC0078
Language: en
Date: 1975-02-28 00:00:00
Title: Recommendation for a COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the World Food Programme on the supply of skimmed milk powder to developing countries as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 78
Vol. 1975/0027
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---     COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(75) 78 final
                                                          Brussels , 28 February 1975
                               Recommendation for a
                                 COUNCIL DECISION
                                                                    i
             on the conclusion of an agreement "between the European
            Economic Community and the World Food Programme on the
              supply of skimmed milk powder to developing countries
                                    as food aid
                   ( submitted to the Council "by the Commission)
COM(75) 78 final
 ---pagebreak---                                                                 VIIl/ 10/75-3
                                     V-                               • .
                                " HECOMMENDATION
                              KIR A COUîTCIL DECISION
 on the conclusion of an Agreement "between the European iiiconcmic Community
and the World Food Programme on the supply of skimmed milk powder to
developing countries as food aid
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Articles 113 , 114 and 220 thereof ;
Having regard to the recommendation from the Commission ;
                                                      x
Whereas the Council "by Regulation (EEC ) No 1327/74 of 1 1 July 1974 on the
supply of skimmed milk powder as food aid to certain developing countries
and international organizations , decided to make 20 000 metric tons of
skimmed milk powder available to the World Food Programme ;
Whereas the object of the World Food Programme is to use contributions
                                                                  t <
received under the Programme to meet emergency food requirements and to
carry out projects involving the use of foodstuffs to promote economic and
social development ;
Whereas it may happen in certain cases that delivery is made at a stage
corresponding to the fob stage ; whereas in such cases the arrangements for
delivery and acceptance of delivery at this stage will have to be determined
rapidly ;
HAS DECIDED AS F0LL0W3 :
1 0J No L 190 , 13 July 1974 , p. 22 »
 ---pagebreak---                                                               VI II / 10/7 5-E
                                  Article 1
An Agreement between the European Economic Community and. the World Pood
Programme on the supply of skimmed milk powder to developing countries , as
food aid , the text of which is annexed to this Decisionj is hereby concluded
on behalf of the European Economic Community .
                                  Article 2
The President of the Council is hereby authorized to designate the persons
empowered to sign the Agreement and to confer on them the powers necessary
to bind the Community .
Done at
                                            For the Council
                                            The Président
 ---pagebreak---                  AGKEEÎÏÏ5NT
BETWEEN THE EUROPEAN SCONOi-ilC COMMUNITY
                    AND
 TIE WORLD POOD PROGRAMME ON THE SUPPLY
       OP SICIfTMED MILK POVJDER TO
    DEVELOPING COUNTRIES AS FOOD AID
 ---pagebreak---                                                                   vili/ io/7 5-E
                                    AGREEMENT
between the European Economic Community and the World Food Programme on the supply
of skimmed milk powder to developing countries as food aid
TIIE 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 foodstuffs to promote economic and social development ;
Whereas there are stocks of skimmed milk powder in the European Economic Community ;
whereas , to enable the World. Food Programme to achieve its aims , it has been decided
to place at the disposal of the Programme a certain quantity of the nkimmcd milk
powder available ;
HAVE DECIDED to conclude thin Agreement and to this end have designated as their
Plenipotentiaries :
THE COUNCIL OF THE EUROPEAN COMMUNITIES .*
THE WORLD FOOD PROGRAMME :
WHO IIAVE AGREED AS F0LL0WS :
 ---pagebreak---                                         _ 2 _                    VII 1/ 10/75 -s
                                    Article I
The European Economic Community, hereinafter referred to as the "EEC ", snail
supply as a gift to the World Food Programme , hereinafter referred to as the
" WFP ", 20 000 metric tons of skimmed milk powder .
                                    Article II
The EEC shall ensure that the skimmed milk powder delivered meets , as a minimum ,
the requirements as to quality and packaging sot out in Annex I , which forms an
integral part of this Agreement .
                                      Article III
Deliveries shall be made fob in accordance with the procedure laid down in Annex II ,
which forms an integral part of this Agreement , or at a corresponding stage in
accordance with a procedure to be determined .
                                      Article IV
                                    ■ ■ ■ ■ n i i ■ i i i ■         t •
1.   The WFP undertakes to make all necessary arrangements for the transport and
      insurance of the goods from point of delivery to place of destination and for
     their distribution .
2.   The EEC shall pay the WFP a contribution of 80 u. a. per metric ton of skimmed
     milk powder delivered towards costs incurred under paragraph 1 .    It shall be
     paid within thirty days of acceptance by the WFP of each delivery of skimmed
     milk powder and after receipt by the EEC of the letter of acceptance provided
     for in Article 9 of Annex II .
                                    Articile V
The WFP undertakes to use the skimmed milk powder received as aid for emergency
measures or for economic and social development and food aid projects previously
authorized by the EEC .
                                    Article VI
The WFP undertakes to inform the EEC of the mode of implementation of this Agreement .
To this end it shall provide the EEC with the following information :
 ---pagebreak---                                      - 3 -                       VTTI/ 10/ 75 --
( a) within a reasonable period following unloading : port and date of arrival of
     vessel ; nature , quantity and any comments regarding the quality of the goods
     unloaded ;  date on which unloading was completed ;
(b)  at regular intervals until the milk products have been used up :    information
     concerning the state of progress of the projects for which TilEC aid was supplied ,
     in particular quantities distributed , number and nature of recipients and
     places , rate and method of distribution .
                                  Article VIT
At the request of either of them , the Contracting Parties shall consult each other
on any questions concerning the implementation of this Agreement .
                                  Article VIII
This Agreement is drawn up in duplicate in the Banish , Dutch , English , French ,
German, Italian and Spanish languages , each of these texts being equally authentic .
 ---pagebreak---                                                                     VTII/ 10/ 75-E
                                                                     ArT>"X T
                                SKTTS1SD MIL!' rOVTDER
 1.  Quality
     ( a)   fat content                                not exceeding 1.5 /' 1
     (b)    moisture content                           not exceeding 4«0 /o
     ( c)   total acidity ( lactic acid )              not exceeding 0.15a'
                                                       ( l8° Dornic )
      ( d ) tost for neutralising agents               negative
     (e)    pormikteti additives                       none
     (f)    test for phospatasis                       négative        -
     ( g)   solubility                                 not exceeding 0.5 ml
                                                       ( not less than 9970
     ( h ) degree of purity                            not less than dise B ( l5»0 ni£
     ( i)   bacteria content                           not exceeding 50 000 per g
     (j)    test for colon bacillus                    négative in 0.1 g
     ( k)   f lavoirr and smell                        f re sh         '
     ( l)   appearance                                 white or slightly yellowish,
                                                       absence of impurities and
                                                       coloured particles
2.   Packa,™i n /r
Containing 25 kilogrammes net xtfeight and made up in one of the following ways :
( a) 4 Kraft paper bags of a strength representing at least 70 g/m ;
       1 intercalated bag of tar-lined paper, of a strength representing at least
       140 g/m2 ;
       1 polyethylene inner bag at least 0.06 mm thick, welded or double-bound ;
( b) 1 Kraft paper bag of a strength representing at least 70 g/m2 ;
       1 Kraft paper bag with a polyethylene lining, of a strength representing at
       least 80 g + 15 g/m''";
 ---pagebreak---                                                                     VIIl/ 10/75-3
                                       - 2 -
      3 Kraft paper bags of a strength representing at least 70 g/m";
       1 polyethylene inner "bag at least 0.06 nra thick , welded or double-bound :
( c ) 1 Kraft paper outer bag of a strength representing at least -35 s/m 2 i
      1 Kraft paper bag with a polyethylene lining , of a strength representing at
      least 70 g + 15 g/m ":
      2 Kraft paper bags of a strength repz-esenting at least 70 g/m ";
      1 polyethylene inner bag at least 0.12 mm thick , welded or double-bound .
 ---pagebreak---                              croriïuii provisions
                                  Article  1
Delivery shall be effected and oil risk snail pass from the ESC to the VJFP at
the moment at which the goods are put down at the point of exportation named
by the Commission of the European Communities at the berth specified by the
VJFP or its agent referred to in Article 2 and under the terms specified in
the following articles .    Without prejudice to Articles 7 and 8 the EEC shall
bear all costs prior to delivery ?_nd those after delivery .
                                  Article 2
For the purpose of implementing the provisions of this Annex the EEC shall appoint ,
if necessary for each consignment , an agent whose n?„me and address it shall make
known to the VJFP immedicately following his appointment together with the port or
ports of loading.    Only ports which are accessible to ocean-going vessels and
used for international freight may be named .     Hie WFP shall appoint in each port
of shipment a.n agent whose name and address it shall make known to the EEC with
all dispatch and if possible before the appointment of the EEC agent .
                                Article 3
Before implementing the procedures for appointing the EEC agent referred to m
Article 2 , the Commission of the European Communities and the WFP shall establish
by joint agreement the period during which delivery must begin .
                             EEC OBLIGATIONS
                                Article 4
If the EEC is unable to effect delivery on the date and , if applicable , according
to the schedule referred to in Article 6 all costs arising for the VJFP and , for
 ---pagebreak---                                                                    un/ 10/75-3
                                      - 2 -
example , any demurrage , void freight or dead freight , being costs charged at
normal rate , shall be borne by the EEC .
                                   Article "5
If the EEC is unable to supply all or part of the goods on the date and within
the time limit agreed pursuant to Article 6 and without prejudice to the provisions
of Article 4 , it shall so inform the WFP in writing without delay and in any case
within eight days , and the agents of the SEC and the WFP shall agree on a new
date and a new time limit for delivery of all the goods or of the undelivered
part thereof .
                                WFP OBLIGATI ONS
                                   Article 6
                                 k
After contacting the EEC , the WFP shall procure one or more vessels of dimensions
corresponding to the normal capacity of the port of shipment ; these vessels must
be ready for loading on a date falling within the period referred to in Article 3 .
The VJFP agent shall inform the EEC of this date and of the date / for commencement
of delivery as soon as he knows them , if possible twenty days and in any case ten
clear days before the date for commencement of delivery .
He shall establish with the EEC agent the schedule according to which delivery is
to be effected .
                                   Article   t
If the WFP is unable to commence loading on the date referred to in the first
paragraph of Article 6 , its agent shall so inform the EEC agent in writing without
delay and in any case within eight days .
 ---pagebreak---                                     - 3 -
 In such cisc a new date for the commencement of delivery and , if applicable , a
new schedule may be agreed on by the agents of the ESC and the WFP .      At -,11 events ,
 the costs arising from such delay shall , e::cept in cases of force nr.jeure , be borne
by the WFP .
 If the new date referred to in the preceding paragraph is more than thirty clear
 days after the date of loading referred to in the first paragraph of Article 6 ,
 the EEC may dispose of the goods without prejudice to its commitment under Article I
of this Agreement .
                                  Article 3
If the quantity scheduled for loading aboard a vessel cannot be taken on board in
its entirety, the WFP shall inform the EEC as soon as possible and not later than
fifteen clear days following the completion of loading whether it intends to accept
or to forego the b.al.ance .
In the first case , the second and third paragr?,phs of Article 7 shall apply to such
balance if it has not already been delivered ,
                                                                     /
In the second case , the El'.C may regard itself as having discharged its commitment
to the WFP under Article I of the Agreement and shall bear any costs resulting
from such decision to forego the balance .
In ajiy event , if the WFP does not make known its intentions within the period of
fifteen clear days it shall be deemed to forego the balance .
                                  Article 9
Upon delivery of the goods , the WFP agent shall h-nd tne EEC agent a letter of
acceptance , indicating the port of shipment , the date of acceptance and the
nature and quontity of the goods delivered together with any comments regarding
their quality .