CELEX: 51974PC1074
Language: en
Date: 1974-07-10 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 milk fats as food aid to developing countries. (Communication from the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1074
Vol. 1974/0176
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 ---pagebreak---     COMMISSION OF THE EUROPEÀN COMMUNiTIES
                                                     COM(74)1074 final.
                                                   Bruxelles , 10 july 1974
                                    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 milk
                    fats as food aid to developing countries .
                    ( Communication from the Commission to the Council )
( 74 ) 1074 final .
 ---pagebreak---                         COUKCIL DECISION
 on "the conclusion of an agreement between the European Economic
 Community and the World Food Programme on the supply of milk fats
 as food aid to developing countries .
 THE COUNCIL OP 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 recommendation of the Commission ,
Whereas the Counoil , in accordance with Regulation (EEC ) fro 530/74 of
4 March 1974 (^), laying down general rules for the supply of milk fats
as food aid to certain developing countries and certain international
organizations , has decided to make available to the World Food
Programme butter held by intervention agencies , delivered in the form
of butter or butteroil and equal to 15 000 metric tons of butteroil ,
Whereas the purpose of the World Food Programme is to make use of
contributions received in connection with the programme so as to meet
emergency requirements and carry out projects that include the use
of food produots for economic and social development schemes ,
HA.S DECIDED ;
                            Article 1
An agreement between the European Economic Community and the World
Food Programme to supply milk fats as food aid to developing countries
is hereby concluded on behalf of the European Economic Community. The
text of the Agreement is annexed to this decision .
                                                                    ./
( ) OJ No L 65 of 7 March 1974 , P.l
 ---pagebreak---                              - 2 -
                           Article 2
The President of the Council is authorized to designate the persons
empowered to sign the agreement and to confer on them the powers
required in order to bind the Community ,
Done at Brussels ,                                    For the Counoil
                                                       The Président
 ---pagebreak---                AGREEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
  AND THE WORLD FOOD PROGRAMME ON THE
  SUPPLY OP POOD AID IN THE FORM OF MILK
     PATS TO DEVELOPING COUNTRIES
 ---pagebreak---                               AGREMENT
between the European Eoonomio Community and the World. Pood Programme
 on the supply of milk fats as food aid to developing countries .
 THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
 of the one part ,
THE WORLD FOOD PROGRAMME ,
 a programme jointly -undertaken by the United Nations Organization and
the Pood and Agricultural Organization of the United Nations ,
of the other part ,
Whereas the purpose of the World Food Programme is to make use of
contributions received in connection with the programme so as to meet
emergency food requirements and carry out projects entailing the use
of food products for economic and social development purposes ;
Whereas there are stocks of available butter in the European Economio
Community ; whereas with a view to achieving the objectives of the
World Food Programme it has been decided to make available to the latter
a certain quantity of butteroil produced from the stock of butter ,
HAVE DECIDED to conclude the present Agreement and to this end have
designated as their plenipotentiaries ;
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
THE WORLD FOOD PROGRAMME ,
WHO HAVE AGREED AS FOLLOWS ;
 ---pagebreak---                             Article 1
The European Economic Community shall supply "to the World. Food
Programme , by way of gift under "the conditions laid down in the
present Agreement , a quantity of 15 000 metric tons of butteroil .
                            Article 2
The World Pood Programme undertakes to use the butteroil received as
aid for emergenoy relief operations or eoonomic , social development
and food aid schemes previously approved by the European Eoonomic
Community .
                            Article 3
1 , For each delivery , the European Eoonomio Community shall notify the
    World Food Programme , bearing in mind the instructions received from
    the World Food Programme , of the port or ports of shipment and the
    dates when the goods are ready for loading in the said ports .   This
    information shall be provided at least 30 days before the date when
    the goods are ready for loading .
2 . Only those sea ports suitable for oceangoing vessels and used for
    international freight may be selected as ports of shipment .
                            Article 4
1 . The European Economio Community shall make the butteroil available free
    of charge to the World Food Programme .
2 . It shall ensure that the delivery of butteroil meets the minimum
    requirements as regards quality and packaging laid down in Annex I ,
    which forms an integral part of the Agreement .
                            Article 5
1 . The delivery shall be effected according to the procedure laid down in
    Annex II , which forms an integral part of the present Agreement .
 ---pagebreak--- 2 . 'Hie World Pood Programme Bhall take delivery 01 the product , provide
    transport and insurance , and ensure distribution in the country of
    destination .
3 . The European Economic Community shall make a payment to the World
    Food Programme for the costs mentioned in paragraph 2 above , amounting
    to 80 u.a . per metric ton of butteroil accepted .  It shall be paid
    within a period of 60 days after the acceptance of each delivery of
    butteroil by the World Food Programme .
                                  Article 6
The World Food Programme shall provide the European Economio Community
with the following reports on the execution of the operations laid down
in the present agreement :
( a) Transports within a reasonable period after the unloading of each
      cargo , the dates of arrival of the vessels in the port of destination ,
      the quantity and quality of butteroil unloaded , and the dates on
      which unloading was completed ;
(b ) Utilization of products : periodio information on the stage of progress
      of the schemes for which' Community aid was provided ; utilization of
      the products ; quantities distributed and details on the methods of
      distribution of the products , particularly measures to ensure that the
      products do not find their way back on to the market ; and the number
      of recipients .                     ■
                                  Article 7
The contracting parties shall , at the request of either , consult each other
on any question concerning the implementation of this Agreement .
                                  Article 8
This Agreement is drawn up m duplicate in the Danish , Butch , English ,
French , German , Italian and Spanish languages , each of these texts being
equally authentic .
 ---pagebreak---                                                              ANNEX I
          BUTTEROIL MADE AVAILABLE TO DEVELOPING COUNTRIES
1 . QUALITY
     (A ) Product characteristics Î                     '
          Concentrated milk fats containing not less than 99     of pure
          fats
                                                             j
     (B) Standard composition
          (Analysis made at time of manufacture and packing)
          - Moisture and non-fat milk substances : not more than 0.2$
          - Pats s not less than 99*8$
          - Free fatty acids s not more than 0,5% (expressed as oleic acid)
          - Peroxide level/kg : not more than 1 unit ( in milli-equivalents
            of aotive oxygen per kg)
          - Taste : pure
          - Smell : absence of smell extraneous to butteroil
2 . CONDITIONS OF PACKAGING
    - Metal cans of 5 kg - 4 cans per carton
    - Metal cans of 20 kg - 1 can per carton
3 . MARICDTG ON THE PACKAGING
                         (port of discharge )
    BUTTEROIL
    GIFT OF THE EUROPEAN ECONOMIC COMMUNITY
    SUPPLIED BY THE WORLD FOOD PROGRAMME
 ---pagebreak---                                                              AOTTEX II
 PROCEDURE TJNDER ARTICLE 5 ( 1 )
 On the basis of information received from the World Food Programme »
 hereinafter referred to as WPP , concerning transport , for each
 delivery the European Economic Community , hereinafter referred to as
 EEC , shall notify the' WFP of the supplier(s ) and a period of 15 days
 within which the WFP can fix a date for delivery ;
 The WFP shall hotify the supplier(s ), if possible 20 days and in any
 case 10 clear days before the date for commencement of each delivery ,
 of the estimated date for commencement of delivery ;
 The WFP shall notify the supplier(s ) at least 5 days in advance of the
 exact date for commencement of delivery .   It shall establish the
 schedule of delivery with the agent of the EEC ;
The goods must be delivered by the EEC at the place of shipment and on
the date fixed in accordance with the above conditions ;
Delivery shall be effected at the time when the goods are put down at
the point of export named by the EEC at the berth specified by the
WFP or its agent ;
If the EEC fails to deliver the goods at the place and time required ,
when the WFP has made delivery possible at the place and time stated ,
the consequences shall be borne by the EEC ; the WFP shall inform the
EEC of the delay within 8 days , in writing ;
If the WFP fails to take delivery of the goods at the place and time
required , when the EEC has made delivery possible at the place and
time stated , the consequences shall , except in the case of force majeure ,
be borne by the WFP ; the EEC shall inform the WFP of the delay within
8 days , in writing ;
 ---pagebreak---                              - 2 -                       A2WEX II
The EEC and the WFP shall appoint one or more agents to implement
the agreement . The WPP shall appoint a representative in each port
of shipment to deal with any matters that may require attention .
On delivery of the goods , the WFP agent shall hand to the agent of
the EEC a certificate of acceptance stating the port of shipment ,
the date of acceptance , One nature and quantity of the goods accepted
and including any comments on the quality of the goods ;