CELEX: 51974PC1908
Language: en
Date: 1974-11-22
Title: Proposal for a COUNCIL DECISION concluding the Agreement between the European Economic Community and the International Committee of the Red Cross on the supply of cereals, butteroil and skimmed-milk powder as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1908
Vol. 1974/0308
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 ---pagebreak---      COMMISSION OF THE EUROPEAN COMMUNITIES
                                                           COM(74)1908 final
                                                           Brussels , 22 November 1974
                                   Proposai for a
                                  COUNCIL DECISION
                    concluding the Agreement "between the European
                  Economic Community and. the International Committee
                 of the Red Cross on the supply of cereals , "butteroil
                         and skimmed-milk powder as food aid
                     ( submitted to the Council "by the Commission)
COM(74) 1908 final
 ---pagebreak--- EXPLANATORY MEMORANDUM
The draft agreement annexed hereto concerns the supply by the Community to
the International Committee of the Red Cross of food aid of :
 > 15 000 metric tons of cereals under the 1973/74 food aid programme ( cereals );
    1 000 metric tons of butteroil , a quantity provided for "by Council
    Regulation ( EEC ) No 530/74 of 4 March 1974 ;
    3 000 metric tons of skimmed–milk powder , a quantity provided for by
    Council Regulation ( EEC ) No 1826/74 of 11 July 1974 .
The text calls for the following comments to "be made :
(1 ) Delivery arrangements
During the n3gotiations , the ICRC asked for the costs of transport to the
place of distribution to be borne by the Community .     The Commission pointed
out that such a solution would , if generally adopted , come up against
serious difficulties , either technical (difficulties of .mobilizing small
quantities ) or financial . It was therefore agreed with the ICRC that , as
a general rule , deliveries would be carried out cif or " free frontier", with
the possibility , in certain special cases , of deliveries "to destination" once
 ---pagebreak---                                  - 2 -                       VIII/1 268/74-E
the Commission was satisfied that the difficulties referred to above
could "be removed .   This is why the Agreement annexed hereto provides
for the more general formula of "delivery to destination".
( 2 ) Decision-making and implementation procedures in cases of aid for
      extreme emergencies
The ICRC emphasized that "the period elapsing between its extraordinary
request to the EEC for the allocation of aid and the arrival of the
             0.
goods in the disaster area generally varies from between three to six
months", and consequently called for the procedures leading to delivery
of the goods to be accelerated .     To meet this request the Council , since
this concerned application of the previous Agreement concluded with the
ICRC , had authorized the Commission to decide on behalf of the Community
upon emergency programmes provided that these did not involve more than
500 metric tons of cereal products and/or 50 metric tons of skimmed-milk
powder .    This authorization has been used once before for the benefit of
displaced persons in Cyprus and enabled speedy action to be carried out
involving the delivery of 50 metric tons of skimmed-milk powder ( request'
by the ICRC of 23 August 1974 » Commission Decision of 29 August 1 974 » and
Management Committee decision taken the same day).
The Commission considers that the ICRC , s request could be met in a more
satisfactory manner by increasing the quantities referred to above to 1 000
tons of cereal products , 100 metrio tons of skimmed-milk powder and 100 metric
tons of butteroil ( see Article TV of the Agreement ) and by authorizing it
to decide on the appropriate transport arrangements , including air transport
( although this would be reserved in exceptional cases for skimmed-milk powder
and butteroil ).
 ---pagebreak---                                    3                           VIII/1 268/74-E
( 3) Decision-making procedures for other programmes
For programmes which would not be decided upon in keeping with Article IV,
third paragraph , of the draft Agreement , the Commission recommends the
Council to adopt an accelerated decision-making procedure so as to
reduce the time required to reach a decision.
(4) Flexibility in carrying out the Agreement
To introduce a certain degree of flexibility in carrying out the Agreement
concluded with the ICRC on 22 October 1973 » "the Council , had under the
previous Agreement with the ICRC , authorized the Commission to reply to
requests for modifications of programmes underway not involving more than
500 metric tons of cereal products and/or 50 metric tons of milk powder .
The Commission considers that with the same aim in mind the arrangements
made under the -previous Agreement should stand , while the quantities should
be increased to 1 000 metric tons of cereal products and/or 100 metric tons
of butteroil and/or 100 metric tons of skimmed-milk powder .
 ---pagebreak---                    PROPOSAL FOR A
                  COUNCIL DECISION
concluding the Agreement between the European
"Jconomic Community and the International Committee
of the Red Cross on the supply of cereals , "butteroil
and skimmed–milk powder as food aid
 ---pagebreak---                                  - 5 -                       VIII/1 268/74-E
The Council of the European Communities ,
Having regard to the Treaty establishing the European Economic Community
and in particular Articles 113 , 114 and 228 thereof ;
Having regard to the proposal from the Commission;
Whereas the International Committee of the Red Cross has made known its
requirements in cereal products and whereas a quantity of foodstuffs
equivalent to 15 000 metric tons of cereals should be placed at its
disposal for this purpose ;
Whereas in Council Regulation (EEC) No 530/74 of 4 March 1 974^ laying down
general rules for the supply of milk fats as food aid to certain developing
countries and certain international organizations , it was decided to make
available to the International Committee of the Red Cross 1 000 metric tons
of butteroil :
                                                                 9
Whereas in Council Regulation ( EEC ) No 1826/74 of 11 July 1974 laying down
the general rules for the supply of skimmed-milk powder as food aid to
certain developing countries and international organizations , it was
decided to make available to the International Committee of the Red Cross
3 000 metric tons of this product ;
Whereas for the emergency programmes to be decided upon in pursuance of the
envisaged Agreement , the Community 1 s approval should be given to the
International Committee of the Red Cross as soon as possible , and whereas
it may prove necessary to reply very rapidly to any requests for adaptations
which might be made by the above Committee during the implementation of the
said Agreement ;
                                                              )
Whereas for "the same emergency programmes to be decided upon m pursuance
of the envisaged Agreement , the Community should decide as soon as possible
on the most appropriate arrangements for delivery;
10J No L 65 , 7 March 1974, P- 1-
2
  OJ Ho L 190 , 13 July 1974 , P. 20 .
 ---pagebreak---                                 mm Q «m                      YIII/1 268/74-E
HAS DECIDED AS POLLOWSî
                           Article 1
The Agreement between the European Economic Community and the International
Committee of the Red Cross on the supply of cereals , "butteroil and skimmed–
milk powder as food aid , the text of which is annexed to this Decision, is
hereby concluded on "behalf of the Community .
                          Article 2
The approval provided for in the third paragraph of Article IV and the
second paragraph of Article X of the Agreement referred to in Article 1 is
given by the Commission.
                          Article 3
Under the third paragraph of Article IV of the Agreement referred to in
Article 1 the approval provided for \n the second paragraph of the same
Article is given by the Commission.
                          Article 4
The President of the Council is hereby authorized to designate the persons
empowered to sign the Agreement and to confer on them the necessary powers
to bind the Community.
                                                Done at
                                                For the Council
                                                           k
                                                The Président
 ---pagebreak---                         - 7 -             VIIL/1 268/74-E
                AGREEMENT
BETWEEN THE EUROPEAN" ECONOMIC COMMOTTITT
                  AND
THE IKTERMTIOML COMMITTEE OP THE RED
                 CROSS
ON THE SUPPLY OP CEREALS , HJTTEROIL AND
  SKIMMED-MILK POWDER AS POOD AID
 ---pagebreak---                                - a -                     viii/1 268/74-E
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
of the one part ,
THE INTERNATIONAL COMMITTEE OP THE RED CROSS ,
of the other part ,
HAVE DECIDED to conclude this Agreement and to this end have designated
as their Plenipotentiaries :
THE COUNCIL OP THE EUROPEAN COMMUNITIES :
THE INTERNATIONAL COMMITTEE OP THE RED CROSS : ■
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                               - 9 -                          VIII/ 1 268/74-E
                           Article I
The European Economic Community , hereinafter referred to as the
" Community", shall supply as a gift to the International Committee
of the Red Cross , hereinafter referred to as the "recipient "body",
1 000 metric tons of butteroil , 3 000 metric tons of skimmed-milk
powder and 15 000 metric tons of cereals ( including husked rice ) under
the 1973/74 food aid programme ( cereals ).
                          Article II
The 15 000 metric tons of cereals ( including husked rice ) shall be
supplied in their natural state or in the form of products of first-
stage processing.
                          Article III
The deliveries shall "be made in bags in the case of the cereals and
skimmed-milk powder , and in tins in the case of the butteroil .      The
packaging conditions and , in respect of the butteroil and the skimmed
milk powder , the characteristics of the product , are set out in Annex I ,
which forms an integral part of this Agreement .
                          Article IV
The recipient body shall undertake to use the products received for food
aid purposes and to distribute them free of charge - if necessary in
cooperation with national Red Cross Societies or 1 other charitable
organizations - to particularly needy groups of people ; each operation
shall have been previously approved by the Community .
The deliveries shall be made in accordance with the procedure approved by
the Community .
Where emergency programmes involving no more than 1 000 metric tons of
cereal products and/or 100 metric tons of butteroil and/or 100 metric tons
of skimmed–milk powder are concerned the approval of the Community will
be given as soon as possible after the request has been received.
 ---pagebreak---                              - 10 -                         VIII/1 268/74-E
                         Article V
The obligations and responsibilities of the Community and the recipient
body with particular reference to delivery and taking on charge cif or
"delivered to the place of destination" are set out in Annex II , which
forms an integral part of this Agreement .
                         Article VI
The recipient body undertakes to make all necessary arrangements for the
transportation and the insurance of the products from the places of
delivery, except where such insurance cannot be upheld due to acts of
war or uprisings .
                         Article VII
The recipient body shall undertake to inform the Community of how this
Agreement is implemented .     To this end it shall forward to the Commission
of the European Communities the following information :
– not more than 30 days after the arrival of each shipment at the place
   of delivery : the nature , quantity and quality of the products delivered ,
   and the date on which the delivery was fully completed ;
– one month after completion of the delivery , then every three months until
   the quantities received as aid have been fully used :   the quantities
   distributed , number and description of the beneficiaries and the places ,
   timetable and method of distribution.
                           Article VIII
The recipient body may appoint the League of Red Cross Societies or an
ad hoc body set up by the International Committee of the Red Cross and/or
League of Red Cross Societies to implement this Agreement either in whole
or in part .
                          Article IX
At the request of either of J-hcm , the Contracting Parties shall consult
each other on any questions concerning the implementation of this Agreement .
 ---pagebreak---                                    11                         VIIl/1 268/74-E
                               Article X
Should new circumstances arise the Contracting Parties shall together
decide on any amendments to be made to this Agreement .
In such an event , and where the quantities involved do not exceed 1 000
metric tons of cereal products and/or 100 metric tons of butteroil and/or
100 metric tons of skimmed-milk powder , the approval of the Community will
be given as soon as possible after the request has been received .
                               Article XI
This Agreement shall be drawn up in duplicate in the Danish , Dutch, English ,
French, German and Italian languages , all of these texts being equally
authentic .
 ---pagebreak---                                       - 12                            VIII/1 26ë/74-E
                                      ANNEX I
                   Provisions laid down in Article III of the Agreement
   I.   CEREAI5
 Packasin^:
 ( a)   Hew jute or cotton "bags with a net weight not exceeding 50 kilogrammes ;
 ( b ) Marking on the outside with a red cross 15 cm by 15 cm and specifications
        in French , English , or Spanish according to the countries of destination
        as follows :
        (WHEAT , WHEAT FLOUR          ) GIFT FROM THE EUROPEAN ECONOMIC COMMUNITY/
     -  ACTION OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS
 II .   HJTTEROIL
A.     Quality
 ( a)   Characteristics of the product :
        Concentrate of milk fats with a pure fat content of not less than
 00 Standard composition ;
        (Analysis carried out during manufacture and packaging)
       - Moisture content and non-fat components of the milk :       not exceeding 0.2$
       – Fats :    not less than 99*8%
       – Free fatty acids :     not exceeding 0.5yo ( expressed in oleic acid )
       – Peroxide index per kg:      not more than 1 unit ( in milli–equivalents of
           active oxygen per kg)
       –   Taste :  fresh
       –   Smell :  no smells foreign to hutteroil .
B. , Packaging :
( a)   20 kg métal tins - 1 tin per "box
("b ) Marking on the outside with a red cross 10 cm "by 10 cm and specifications in
       French , English or Spanish according to the countries of destination as
       follows :
       HJTTEROIL
       GIFT FROM THE EUROPEAN ECONOMIC COMMUNITY
       ACTION OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS
 ---pagebreak---                                        - 13 -                       VIII/1 268/74-E
 II .    SKTMMED-MTLK POTOER
 A.     Qaality recpiirements :
  ( a) fat content :                                not exceeding 1.5$
  ( b ) water content :                             not exceeding 4.0$
  ( c ) total acidity ( lactic acid):               not exceeding 0.15$ ( 18 Dornic )
  ( d ) test for neùtralizing agents ;              négative
  (e)    permitted additives :                      none
  ( f)   phosphatase test :                         négative
 ( g)    solubility :                               not exceeding 0.5 ml ( not less than 99%)
 (h)     degree of purity :                         not less than dise B ( 15«0 mg)
 (i)     germ content :                             not exceeding 50 000/g
 (k )    colon bacillus count :                     négative in 0.1 g
 (l)     taste and smell :                          fresh
 (m )    appearance :                               white or slightly yellowish colour , no
                                                    impurities or coloured patches .
B.     Packaging:
 ( a) New bags containing 25 kg net weight :
 (b)     Composition :
( aa) 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/m ;
        1 polyethylene inner bag at least 0.06 mm thick , welded or double–bound ;
        or
( bb ) 1 bag of clubpak-poly-duplo-paper of a strength representing at least
        50/20/50 g/m2 ;
        2 Kraft paper bags of a strength representing at least 70/75 g/m »
        1 polyethylene inner bag at least 0.10 mm thick , welded or double-bound ;
        or
                              .         ..                             2
( cc ) 1 Kraft paper bag of a strength representing at least 70 g/m ;
        3 Kraft paper bags of a strength representing at least 70 g/i  m
        1 Kraft paper bag lined with polyethylene of a strength representing at
        least 80 g + 15 g/m »
        1 polyethylene inner bag at least 0.06 mm thick, welded, or double-bound ;
( c ) Marking on the outside with a red cross 15 cm by 15 cm and specifications
        in French , English , or Spanish according to the countries of destination
        as follows:' SKIMMED-MILK POWDER/GIFT OP THE EUROPEAN ECONOMIC COMMUNITY/
        ACTION OP THE INTERNATIONAL COMMITTEE OP THE RED CROSS .
 ---pagebreak---                                    - 14                       VTII/ T k:t>cs/74–K
                                 AOTEX II
                 . Provisions laid down in Article V of the Agreement
                               Article 1
 Delivery shall be complete and risks shall pass from the Community to
 the recipient body :
 - in the case of cif delivery , once the goods are fully unloaded on
    quayside or on to lighter if the latter method is used ;
 – in the case of delivery "to destination", once the goods actually reach
    the place of destination.
                               Article 2
 The recipient body shall bear all costs subsequent to delivery including
 the costs of reception of the goods and , in the case of delivery to destination,
 the costs of unloading.
                               Article 3
 In the case of cif delivery , any demurrage costs at the port of unloading
resulting from delays attributable to the recipient body shall be borne by
 that body .   The rates and the detailed arrangements applying thereto in
 the contract between the authorized Community agent referred to in Article 7
 and the carrier must have been agreed upon in advance by that agent and the
receiving agent of the recipient body referred to in Article 7 *
In the case of delivery to destination, any costs resulting from delays in
taking delivery of the goods which are attributable to the recipient body
shall be borne by that body .
                              Article 4
The Community shall , as soon as possible , after the goods have left the
port of loading, notify the recipient body of the name pf the . vessel , the
date of loading, the quantity and quality of the goods as recorded at the
time of loading , the port of unloading, the daily rate of unloading at the
port and , in the case of delivery to destination, the place of delivery and
method or methods of transportation used for bringing the goods to the places
of   destination.
 ---pagebreak---                                  - 15 -                         VIIl/1 268/74-E
                                Article 5
In the case of cif delivery, the Community shall inform the recipient
"body of the estimated date of arrival of the vessel at the port of unloading
at least ten clear days before that date .    It shall insert in the charter-
party a clause requiring the captain to inform the recipient body at least
72 hours in advance of the probable date of arrival of the vessel in port .
Where delivery is made to destination , the Community shall without delay
inform the recipient body of the date on which goods will arrive at the
port of unloading and shall in any case notify the recipient ten clear
days in advance of the estimated date of arrival at the place of destination
                               Article 6
On delivery of the cereals a tolerance of 57° less than the quantities of
products specified as loaded for each shipment is permitted .
                              Article 7
To implement the provisions of this Annex, the Community shall appoint an
authorized agent whose name and address shall be made known in good time , to
the recipient body .
The recipient body shall appoint a receiving agent in each place of delivery
whose name and address shall be made known to the Community before the
Agreement is implemented .
                              Article 8
 On delivery of the goods , the recipient body or its receiving agent referred
 to in Article 7 shall hand to the Community*s authorized agent , referred 'to
 in the above Article , a certificate confirming deliver^- of the quantities
 involved .