CELEX: 
Language: en
Date: 1973-12-24 00:00:00
Title: Council Decision of 18 June 1973 concluding the Agreement between the European Economic Community and the World Food Programme on the supply of food aid in the form of skimmed-milk powder for developing countries #Agreement between the European Economic Community and the World Food Programme on the supply of skimmed-milk powder as food aid to developing countries

24 . 12 . 73                        Official Journal of the European Communities                          No L 355/ 1
                                                             II
                                        (Acts whose publication is not obligatory)
                                                   COUNCIL
                                                  COUNCIL DECISION
                                                     of 18 June 1973
               concluding the Agreement between the European Economic Community and the World
               Food Programme on the supply of food aid in the form of skimmed-milk powder for
                                                   developing countries
                                                       (73/408/EEC)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                      Food Programme on the supply of food aid in the
                                                                 form of skimmed-milk powder for developing coun­
                                                                 tries, the text of which Agreement is annexed hereto,
Having regard to the Treaty establishing the Euro­               is hereby concluded.
pean Economic Community, and in particular Articles
 113 , 114 and 228 thereof;
                                                                                        Article 2
Having regard to the proposal from the Commission ;
                                                                The President of the Council is hereby authorized to
Whereas in Council Regulation (EEC) No 2721/72                  designate the persons empowered to sign the Agree­
 (*) of 19 December 1972 on the supply of food aid              ment, and to confer upon them the necessary powers
in the form of skimmed-milk powder, it was decided              to bind the Community.
to place at the disposal of the World Food Pro­
gramme 29 450 metric tons of skimmed-milk powder,
                                                                Done at Luxembourg, 18 June 1973 .
HAS DECIDED AS FOLLOWS :
                                                                                                  For the Council
                         Article 1
                                                                                                   The President
On behalf of the Community, the Agreement between
the European Economic Community and the World                                                       A. LAYENS
(l) OJ No 291 , 28. 12. 1972, p. 28 .
 ---documentbreak--- No L 355/2                          Official Journal of the European Communities                                24. 12 . 73
                                                    AGREEMENT
                between the European Economic Community and the World Food Programme on the
                         supply of skimmed-milk powder as food aid to developing countries
             THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
             on the one part,
             THE WORLD FOOD PROGRAMME ,
             on the other part,
             WHEREAS the object of the World Food Programme, a programme undertaken jointly by the
             United Nations and the Food and Agriculture Organization of the United Nations , is to make
             use of contributions received under the Programme to meet emergency food requirements and
             to carry out projects involving the use of foodstuffs for economic and social development ;
             WHEREAS there are stocks of skimmed-milk powder in the European Economic Community,
             whose members include the Kingdom of Belgium , the Kingdom of Denmark, the Federal Republic
             of Germany, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg,
             the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland,
             all of which are members of the United Nations or the Food and Agriculture Organization of
             the United Nations ; whereas, with a view to contributing to the achievement of the objectives
             pursued by the World Food Programme, it has been decided to place at the disposal of the latter
             a certain quantity of skimmed-milk powder which is available ;
             HAVE DECIDED to conclude this Agreement, and for this purpose have appointed as their
             representatives :
             THE COUNCIL OF THE EUROPEAN COMMUNITIES :
             THE WORLD FOOD PROGRAMME :
             WHO HAVE AGREED AS FOLLOWS :
                          Article 1                               party wishing for additional time shall make known
                                                                  its intention to the other party at least three months
The European Economic Community, hereinafter re­                  before the expiry of the time limit.
ferred to as the 'Community', shall supply to the
World Food Programme as a free gift 29 450 metric                                        Article II
tons of skimmed-milk powder.
                                                                  1 . The World Food Programme shall notify the
                                                                  Community as soon as possible of the emergency
The World Food Programme must, within 12 months                   measures or projects that it proposes to carry out and
from the date of entry into force of this Agreement,              for which it requests a contribution from the Com­
implement emergency measures or projects involving                munity in the form of the supply of skimmed-milk
the quantity in question.                                         powder for developing countries .
If circumstances so require, the time limit for certain           2. The notifications referred to in paragraph 1 must
deliveries may be extended by common accord at                    include all information required for a thorough
the request of either party. For this purpose, the                knowledge of the measures or projects, in particular:
 ---pagebreak--- 24. 12. 73                           Official Journal of the European Communities                             No L 355/3
— the countries of destination,                                 3 . In respect of the expenses incurred under the
                                                                provisions of paragraph 2, the Community shall
— the nature of the measures or projects,                       contribute to the World Food Programme 80 US
— the quantity of skimmed-milk powder to be                     dollars per metric ton of which delivery is taken .
     supplied,                                                  The Community undertakes to pay this contribution
                                                                within sixty days following each acceptance of deliv­
— the methods of distribution,                                  ery of the goods by the World Food Programme .
— the time limit for implementation of the measures
     or projects .
                                                                                         Article VI
3 . The Community shall inform the World Food
Programme as soon as possible whether it will con­              The World Food Programme undertakes to inform
tribute to each measure or project submitted.                   the Community of the conditions under which this
                                                                Agreement is implemented. To this end it shall make
                                                                available to the Commission of the European Com­
                        Article III                             munities :
                                                                fa ) with regard to transport : within a reasonable
1 . For each delivery, the Community, taking into                     period after unloading, reports indicating the
account the information received from the World
                                                                      dates of arrival of the vessels at the ports of
Food Programme, shall notify the latter in good time                  destination, quantities and qualities of the goods
of the port or ports of shipment and the dates of                     unloaded, and the dates on which unloading was
availability at the said port or ports .                              completed ;
2. Only Community seaports accessible to ocean­                 ( b ) with regard to the use made of the products :
going vessels and utilized for international freight                  periodic information on the progress made with
may be named as ports of shipment.                                    emergency measures or projects for which Com­
                                                                      munity assistance has been provided, on the use
                                                                      made of the products ; on the. quantities distri­
                        Article IV                                    buted and on the number of recipients, together
                                                                      with details of the methods of distribution used,
1 . The Community shall place the skimmed-milk                        and in particular of the measures taken to prevent
powder at the disposal of the World Food Pro­                         the product from being drawn directly or in­
gramme free of charge.                                                directly into commercial channels.
2. The skimmed-milk powder supplied must meet
the requirements as to the quality and packaging                                         Article VII
specified in an exchange of letters between the Con­
tracting Parties, the text of which is annexed to this          In the event of fresh circumstances arising, the World
Agreement.                                                      Food Programme and the Community shall together
                                                                 decide on any amendments to be made to this Agree­
                                                                 ment .
                         Article V
                                                                                        Article VIII
 1 . The Community shall make deliveries fob port of
shipment. The responsibilities of the Community and
the World Food Programme with regard respectively               This Agreement shall enter into force thirty days after
to delivery and to taking delivery shall be laid down            the date of signature.
in the exchange of letters referred to in Article 4 (2).
                                                                                         Article IX
2. The World Food Programme shall take delivery
of the goods delivered and shall be responsible, in
 accordance with its general rules, for their transport,         This Agreement is drawn up in two copies in the
 insurance and distribution in the country of desti­             Danish, Dutch, English, French, German, Italian and
 nation .                                                        Spanish languages, each of these texts being authentic.
 ---pagebreak--- No L 355/4                            Official Journal of the European Communities                               24. 12. 73
                                                 EXCHANGE OF LETTERS
           I. Letter from the Representative of the World Food Programme
              With reference to the Agreement between the European Economic Community and the
              World Food Programme on the supply of skimmed-milk powder as food aid to developing
              countries, and in particular Article IV (2) and Article V ( 1 ) thereof, I would propose, in
              respect of the supply of 29 450 metric tons of skimmed-milk powder, that agreement should
              be reached on the following detailed provisions concerning the quality and packaging require­
              ments, the fob delivery by the European Economic Community, hereinafter referred to as
              the ' Community', and the acceptance of delivery by the World Food Programme :
              A. Quality and packaging requirements
                  1 . Quality
                      ( a)  fat content                                  maximum 1-5%
                      ( b)  water content                                 maximum 4-0%
                      (c)   total acidity (lactic acid )                  maximum 0-15% ( 18° Dornic)
                      ( d) test for neutralizing agents                   negative
                      (e)   permitted additives                          none
                      (f)   test for phosphatase                         negative
                      (g) solubility                                     maximum 0-5 ml ( minimum 99% )
                      (h) degree of purity                               minimum disc B ( 15-0 mg)
                      (i)   germ content                                 maximum 50 000/g
                      (k) strength of colon bacillus                     negative in 0-1 g
                      (D    taste and smell                              pure
                      ( m ) appearance                                   white or slightly yellowish , absence
                                                                         of impurities and coloured particles
                 2 . Packaging
                      (a) net contents : 25 kg
                      ( b ) composition :
                            — 4 ' Kraft' paper sacks of a strength corresponding to a weight of at least 70 g/m2
                            — 1 intercalated sack of tar-lined paper of a strength corresponding to a weight
                                of at least 140 g/m2
                            — 1 polythene inner bag at least 0-06 mm thick, welded or double-bound
                      (c) the outer sack shall bear the following information :
                            — the expression 'Skimmed-milk powder'
                            — net weight
                            — manufacturer's name and address or code number
                            — year and month of production
                            — port of unloading and/or country of destination
                            — the words 'Supplied by the World Food Programme ; a gift from the European
                                Economic Community'
 ---pagebreak--- 24. 12 . 73                      Official Journal of the European Communities                             No L 355/5
            B. Delivery and acceptance of delivery
               On the basis of information received from the World Food Programme concerning trans­
               port, the Community shall notify it for each delivery of the supplier or suppliers and
               shall indicate a period of fifteen days within which the World Food Programme may
               fix the date of delivery.
               Not less than fifteen days before the date laid down for each delivery, the World Food
               Programme shall notify the Community of the estimated date of arrival of the vessel
               in the port of shipment.
               The World Food Programme shall notify the supplier or suppliers , not less than five days
               in advance, of the exact date of arrival of the vessel in the designated port of shipment.
               The goods shall be delivered by the Community to the place of shipment and on the
               date of availability indicated pursuant to Article III of the Agreement.
               Delivery shall be effected at the moment at which the goods are deposited in the ship's ,
               hold at the port of shipment, all costs of stowage being borne by the World Food Pro­
               gramme .
               At the moment of delivery, risks shall be transferred from the Community to the World
               Food Programme, all costs prior to delivery being borne by the Community and all costs
               after delivery being borne by the World Food Programme.
               Should the Community fail to deliver the goods at the place and on the date specified,
               where the World Food Programme has rendered it possible, any consequences resulting from
               this shall be borne by the Community.
               Should the World Food Programme fail to take delivery of the goods at the place and on the
               date specified , where the Communitv has rendered it possible, any consequences resulting
               from this shall be borne by the World Food Programme
               The Community and the World Food Programme reserve the right to appoint one or more
               authorized agents to implement the Agreement. To deal with any eventualities, the World
               Food Programme shall appoint a representative in each port of shipment.
 ---pagebreak--- No L 355/6                            Official Journal of the European Communities                             24. 12. 73
           II. Letter from the representative of the European Economic Community
               I acknowledge receipt of your letter of                         worded as follows :
                   'With reference to the Agreement between the European Economic Community and the
                   World Food Programme on the supply of skimmed-milk powder as food aid to developing
                   countries, and in particular Article IV(2) and Article V(l) thereof, I would propose, in
                   respect of the supply of 29 450 metric tons of skimmed-milk powder, that agreement
                   should be reached on the following detailed provisions concerning the quality and packaging
                   requirements, the fob delivery by the European Economic Community, hereinafter referred
                   to as the "Community", and the acceptance of delivery by the World Food Programme :
                   A. Quality and packaging requirements
                       1 . Quality
                           (a) fat content :                            maximum 1-5%
                           ( b) water content :                         maximum 4-0%
                           (c) total acidity (lactic acid) :            maximum 0-15% ( 18° Dornic)
                           (d) test for neutralizing agents :           negative
                           (e) permitted additives :                    none
                           (f)  test for phosphatase :                  negative
                           (g) solubility :                             maximum 0-5 ml (minimum 99% )
                           (h) degree of purity :                       minimum disc B ( 15-0 mg)
                           (i)  germ content :                          maximum 50 000/g
                           (k) strength of colon bacillus :             negative in 0-1 g
                           (1)  taste and smell :                       pure
                           (m) appearance :                             white or slightly yellowish, absence
                                                                        of impurities and coloured particles
                      2. Packaging
                           (a) net contents : 25 kg
                           (b) composition :
                                — 4 " Kraft" paper sacks of a strength corresponding to a weight of at least
                                    70 g/m2
                                — 1 intercalated sack of tar-lined paper of a strength corresponding to a
                                    weight of at least 140 g/m2
                                — 1 polythene inner bag at least 0*06 mm thick, welded or double-bound
                           (c) the outer sack shall bear the following information :
                                — the expression "Skimmed-milk powder"
                                — net weight
                                — manufacturer's name and address or code number
                                — year and month of production
                                — port of unloading and/or country of destination
                                — the words "Supplied by the World Food Programme ; a gift from the
                                    European Economic Community"
                   B. Delivery and acceptance of delivery
                       On the basis of information received from the World Food Programme concerning
                       transport, the Community shall notify it for each delivery of the supplier or suppliers
                       and shall indicate a period of fifteen days within which the World Food Programme
                       may fix the date of delivery.
 ---pagebreak--- 24. 12. 73                        Official Journal of the European Communities                                  No L 355/7
                    Not less than fifteen days before the date laid down for each delivery, the World Food
                   Programme shall notify the Community of the estimated date of arrival of the vessel
                   in the port of shipment.
                    The World Food Programme shall notify the supplier or suppliers, not less than five
                    days in advance, of the exact date of arrival of the vessel in the designated port of ship­
                    ment .
                   The goods shall be delivered by the Community to the place of shipment and on the
                    date of availability indicated pursuant to Article III of the Agreement.
                   Delivery shall be effected at the moment at which the goods are deposited in the ship's
                   hold at the port of shipment, all costs of stowage being borne by the World Food Pro­
                   gramme .
                   Ar the moment of delivery, risks shall be transferred from the Community to the World
                   Food Programme, all costs prior to delivery being borne by the Community and all
                   costs after delivery being borne by the World Food Programme.
                   Should the Community fail to deliver the goods at the place and on the date specified,
                   where the World Food Programme has rendered it possible, any consequences resulting
                   from this shall be borne by the Community.
                   Should the World Food Programme fail to take delivery of the goods at the place and
                   on the date specified, where the Community has rendered it possible, any consequences
                   resulting from this shall be borne by the World Food Programme.
                   The Community and the World Food Programme reserve the right to nominate one
                   or more authorized agents to implement the Agreement. To deal with any eventualities ,
                   the World Food Programme shall nominate a representative in each port of shipment.
           I have the honour to inform you that the European Economic Community agrees to your
           proposal .
           I would therefore ask you to consider that agreement has been reached between the World
           Food Programme and the European Economic Community on the provisions set out in your
           letter, pursuant to Article IV(2) and Article V(l ) of the said Agreement.
 ---documentbreak--- NA ---documentbreak--- No L 355/8                      Official Journal of the European Communities                      24. 12 . 73
           Information concerning the signing of the Agreement between the European Economic
                             Community and the World Food Programme (WFP)
           The Agreement between the Economic Community and the World Food Programme
           on the supply of food aid in the form of skimmed-milk powder for developing countries,
           which the Council decided to conolude on 18 June 1973 , was signed at Brussels on
           1 October 1973 on behalf of the Council of the European Communities by :
           Mr Louis Georges Rabot, Director-General for Agriculture at the Commission of the
           European Communities, and on behalf of the WFP by :
           Mr Francisco Aquino, Executive-Director of that body.