CELEX: 
Language: en
Date: 1975-02-05 00:00:00
Title: Council Decision of 2 December 1974 on the conclusion of the Agreement between the European Economic Community and the United Nations Children's Fund (UNICEF) on the supply of skimmed-milk powder as food aid #Agreement between the European Economic Community and the United Nations Children's Fund (UNICEF) on the supply of skimmed-milk powder as food aid

No L 32/ 10                        Official Journal of the European Communities                    5 . 2. 75
                                                 COUNCIL DECISION
                                                   of 2 December 1974
              on the conclusion of the Agreement between the European Economic Community
              and the United Nations Children's Fund (UNICEF) on the supply of skimmed-milk
                                                    powder as food aid
                                                       (75 /80/EEC)
              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 of the Commission ;
            ' Whereas the United Nations Children's Fund (UNICEF) has made known its require­
              ments in skimmed-milk powder;
              Whereas, by Regulation (EEC) No 1827/74 (*), the Council has placed 2 250 metric
              tons of this product at the disposal of UNICEF;
              Whereas concerning emergency actions to be decided upon in implementation of the
              Agreement referred to in Article 2, the Community's approval should be given to
               UNICEF as quickly as possible, and whereas it may prove necessary to reply very
              rapidly to any requests for modifications which might be made by UNICEF during
              the implementation of the said Agreement,
              HAS DECIDED AS FOLLOWS :
                                                         Article 1
              The Agreement between the European Economic Community and the United Nations
              Children's Fund ( UNICEF) on the supply of skimmed-milk powder as food aid is
              hereby concluded on behalf of the European Economic Community.
              The text of the Agreement is annexed to this Decision.
                                                         Article 2
              The approval of the Community provided for in Articles II, III and VIII of the
              Agreement will be given by the Commission.
                                                         Article 3
              The President of the Council is hereby authorized to designate the persons entitled
              to sign the Agreement and confer on them the powers necessary to bind the Community.
              Done at Brussels, 2 December 1974.
                                                                         For the Council
                                                                          The President
                                                                       I SAUVAGNARGUES
              (») OJ No L 190, 13. 7. 1974, p. 22.
 ---documentbreak--- 5 . 2 . 75                           Official Journal of the European Communities                            No L 32/ 11
                                                      AGREEMENT
              between the European Economic Community and the United Nations Children's Fund
                              (UNICEF) on the supply of skimmed-milk powder as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              ot the one part,
              THE UNITED NATIONS CHILDREN'S FUND ( UNICEF),
              of the other part,
              HAVE DECIDED to conclude this Agreement, and to this end have designated as their
              Plenipotentiaries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE UNITED NATIONS CHILDREN'S FUND ( UNICEF):
              WHO HAVE AGREED AS FOLLOWS :
                          Article 1                             approval of the Community shall be given in the
                                                                shortest possible time after receipt of the request.
The European Economic Community, hereinafter
referred to as 'the Community' shall supply by way
of gift to the United Nations Childrtfh's Fund                                          Article IV
 (UNICEF), hereinafter referred to as the 'recipient
body', a quantity of 2 250 metric tons of skimmed­              The obligations and responsibilities of the
milk powder.                                                    Community and of the recipient body concerning
                                                                delivery and acceptance, whether cif or 'free-at­
                                                                frontier', are set out in the Annex, which forms an
                          Article 11                            integral part of this Agreement.
The specifications and packaging of the product
                                                                                         Article V
 shall be agreed between the recipient body and the
 Community.
                                                                The recipient body undertakes to ensure that all
                                                                arrangements needed for transport of the product
                                                                from points of delivery to places of distribution shall
                         Article 111
                                                                be made either by the recipient body itself or by the
                                                                government of the country where distribution is to
 The recipient body undertakes to use the product               take place. In any event, in case of loss unless caused
 received as aid for the purposes of consumption and            by acts of war the recipient body undertakes to
 to distribute it free of charge .to groups of people           ensure replacement of the product so as to restore
 covered by its assistance programme, each operation            the contribution of the Community.
 to have been previously approved by the
 Community.
                                                                                        Article VI
 The deliveries shall be made following the provisions
 to be approved by the Community.                               The recipient body undertakes to inform the
                                                                 Community of how this Agreement is implemented.
  For emergency operations involving not more than               To this end it shall forward to the Community the
 100 metric tons of skimmed-milk powder the                      following information :
 ---pagebreak--- No L 32/ 12                            Official Journal of the European Communities                                      5 . 2 . 75
1 . not more than 30 days after the arrival of each                                           Article Vlll
     shipment at the place of delivery : the places and
     dates of delivery, the nature, quantity and quality           Should new circumstances arise the Contracting
     of the product delivered, and the date on which               Parties shall together decide on any amendments to
     delivery was fully completed;                                 be made to this Agreement.
2. one month after completion of the delivery, then                In such an event, the approval of the Community
     every four months until the quantities received as            shall be given in the shortest possible time after
     aid have been fully used : the quantities                     receipt of the request when the matter concerns
     distributed ; number and description of the                   operations involving not more than 100 metric tons
     beneficiaries; the places, timetable and method of            of skimmed-milk powder.
     distribution.
                                                                                               Article IX
                          Article VII
The Contracting Parties shall at the request of either              This Agreement is drawn up in two copies in
consult each other on all matters concerning the                    Danish, Dutch, English, French, German and Italian,
application of this Agreement.                                     each of these texts being authentic.
                                                            ANNEX
                                            Provisions for delivery and acceptance
                            Article 1                               recorded at time of loading, the port of discharge, and
                                                                    where delivery is made 'free-at-frontier\ the frontier
 Delivery shall be effected and all risk shall pass from the        point and the methods of transportation used for
 Community to the recipient body:                                   bringing the goods to the frontier point.
 — in the case of delivery cif, once the goods are
      effectively set down on the quayside or onto lighter as                                   Article 5
      the case may be;
 — in the case of delivery 'free-at-frontier' of the                In the case of delivery cif, the Community shall inform
      country of destination, once the goods actually reach         the recipient body of the estimated date of arrival of the
      the frontier point.                                           vessel at the port of discharge at least 10 clear days
                                                                    before that date. It shall insert in the charter-party a
                                                                    clause requiring the captain to inform the recipient body
                            Article 2                               at least 72 hours in advance of the probable date of
                                                                     arrival of the vessel in port.
  The recipient body shall bear all costs subsequent to
  delivery including the costs of reception of the goods            In the case of delivery 'free-at-frontier', the Community
 and, where delivery is made 'free-at-frontier', the costs           shall without delay inform the recipient body of the date
 of discharge.                                                      of arrival of the goods at the port of discharge and shall
                                                                    in any case make known at least 10 clear days in
                                                                     advance the estimated date of arrival at the frontier
                            Article 3                                point.
  In the case of delivery cif, any demurrage costs at the                                       Article 6
  port of discharge resulting from delays attributable to the
  recipient body shall be borne by that body. The rates and
  the detailed arrangements applying thereto, fixed in the          To implement the provisions of this Annex, the
  contract between the Community agent referred to in                Community shall appoint an agent whose name and
  Article 6 and the carrier, must have been agreed in                address it shall make known in good time to the
  advance by that agent and the receiving agent of the               recipient body.
  recipient body referred to in Article 6.                          The recipient body shall appoint a receiving agent for
  In the case of delivery 'free-at-frontier' any costs              each place of delivery, whose name and address it shall
  resulting from delays in taking delivery of the goods              make known to the Community before implementation
  which are attributable to the recipient body shall be              of the Agreement.
   borne by the latter.
                                                                                                 jArticle 7
                            Article 4
                                                                     On delivery of the goods the recipient body or its
  The Community shall, as soon as possible, notify the               receiving agent referred to in Article 6 shall hand to the
  recipient body of the name of the vessel, the date of              Community's agent referred to in the same Article a
  loading, the quantity and the quality of the goods as              certificate of acceptance for the quantities involved.
 ---documentbreak--- NA ---documentbreak--- 5 . 2. 75                      Official Journal of the European Communities                No L 32/13
          Information on the signing of the Agreement between the European Economic
          Community and the United Nations Children's Fund (UNICEF) on the supply
                                                  of food aid
          The Agreement between the European Economic Community and UNICEF on the
          supply of skimmed-milk powder as food aid, which the Council decided to conclude
          on 2 December 1974, was signed in Brussels on 9 December 1974, on behalf of the
          Council of the European Communities by :
          Mr Emile Cazimajou, Minister Plenipotentiary, Chairman of the Deputy Permanent
          Representatives Committee, and
          Mr Durieux, Director for Development and Cooperation at the Commission of the
          European Communities,
          and on behalf of the United Nations Children's Fund (UNICEF) by :
          Mr Gordon Carter, Director of the United Nations Children's Fund (UNICEF) in
          Europe.