CELEX: 51975PC0277
Language: en
Date: 1975-06-12 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION concluding the Agreement between the European Economic Community and the Office of the United Nations High Commissioner for Refugees on the supply of butteroil, and cereals as emergency food aid for the victims of the events in Cyprus (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 277
Vol. 1975/0098
 ---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 ) 277 final
                                   Brussels 12 June 1975
                        RECOMMENDATION
                    FOR A COUNCIL DECISION
         concluding the Agreement between the European :
         Economic Community and the Office of the United
         Nations High Commissioner for Refugees on the
         supply of butteroil , and cereals as emergency
         food aid for the victims of the    events in
         Cyprus
         ( submitted to the Council by the Commission )
C0M(75 ) 277 final
 ---pagebreak---                           - 2 -
 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 Recommendation from the Commissionj
Whereas the European Economic Community has concluded the
Convention relating to food aid , 1971 J
Whereas the Office of the United Nations High Commissioner
for Refugees has made known the Cypriot refugees' requirements
in cereal products and whereas 5 000 metric tons of cereals ,
to be supplied in the form of 3 311 metric tons of wheat flour
should consequently be allocated to this body as emergency
food aid ;
Whereas the Council , in Regulation ( EEC ) No 875/75 of 18.3.1975
on the supply of butteroil decided to make available to the
Office of the United Nations High Commissioner for Refugees "
300 metric tons of butteroilj
HAD DECIDED AS F0LL0WS :
                           Article 1
An Agreement between the European Economic Community and the
Office of the United Nations High Commissioner for Refugees
on the supply of butteroil and cereals as food aid , the text
of which is annexed to this Decision , is hereby concluded on
behalf of the European Economic Community .
                           Articlè 2
The President of the Council is hereby authorized to designate
the persons empowered to sign the Agreement , and to confer on
them necessary powers to bind the Community .
                                  Done at Brus sels ,
                                  For the Council
                                  The Président
 ---pagebreak---                                     - .3 -
  ■                     '                    . : -       ;                 '
THE COUNCIL OP THE EUROPEAN CCMMUNPHES ,
of the on© part ,
                »»
THS OFFICE OF THE-. UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES .
                     »;
of the other part.' t.
HAVE 3ECIIISD to conclude this Agreement and. to this end have designated as
their Plenipotentiaries s
THE COtfKUIL OF THE EUROPEAN CCMTONITDSS :
THE OFFICE OF THE UNITED NATIONS HIGH CCMMISSIOBER FOR REFUGEES !
KHO HAVE AGREED AS FOLLOWS !
                                           I
                                           J
 ---pagebreak---                  AGREERENT
      »
BETWEEN THE KFROFEAN ECONOMIC COMMUNITY AM) THE OFFICE
OF THE UNITED NATIONS HIC-H COMMISSIONER FOR REFUGEES ON
THE SUPPLY OF BUTTEROIL AND CEREALS AS EMERGENCY FOOD
AID FOR THE VICTIMS OF THE EVENTS IN CYPRUS .
 ---pagebreak--- Under the 1974/75 f^od     d prcfirarrjts , tr ? '^xTopa^ Economic Community Hereinafter
referred to as the " Comrsunity^ she-". '. sir.-r.y c?,a a £'ift to the Crf3.cc ~i" " sr.9 United
Nations High Ccramiesioaer for Refuges *, hereinafter referred to 53 the ^reoiri-artf
body" 300 metric tons of buttereil and 5 000 metric tona of cereals , to b ?
supplied in the form of 3-3X1 m&tcic tons of vheat flour in cotton sacks cf »«t
weight of 50 kg eachc
The Quality requirement e and packaging conditions for tha butt crci 1 are set out in
Annex II which forms ai integral part of this Agrweisant .
                                    /JFTTJjE II
Delivaries shall be made in accordance with the provisions of grrsx 11 ? s^ush
forms aii. integral part of tula Agrsacionto
                                     ARTICLE III
The recipient body undertakes to make all nec-essaay arrangements for the
transportation and the insurance cf the products from the point of delivery
to the places of destination.        It undertakes to exercise the greatest possible
care to ensure that the tendering arrangements for the transport by sea are not
prejudicial to the free play of fair competition .              The recipient body reserves
the right to transport the products supplied as aid free of charge if means of
transportation are made available io it without charge#
Any problems arising in this connection shall "be the subject of consultations
under Article \rI of this Agreement ,
                                     ASTTCIJB JY
The recipient body undertakes to use the products received as aid for purposes
of consumption and to distribute the® free of charge to the victims of the recent
events in Cyprus 0
 ---pagebreak---                                  ARTICLE V
The recipient "body undertakes to inform the European Economic Community as
to how this Agreement is being implemented .    To this end , it shall provide
the Commission of the European Communities with the following informations
-  immediately after discharge of each cargo : ports and dates of arrival
   of the vessel ; nature , quantity and any comments on the quality of the
   products discharged ;  date on which discharge was completed ;
~  one month after completion of the delivery , then every three months
   until the quantities received as aid have been fully used :    quantities
   distributed , number and description of the beileficiaries , places , timetable
   and method of destribution .
                                ARTICLE VI
At the request of either of them , the Contracting Parties shall consult each
other on any questions concerning implementation of this Agreement#
                              ARTICLE VII
This Agreement is drawn up in duplicate in the Danish , Dutch , English , French ,
German and Italian languages , all of these texts being equally authentic *
 ---pagebreak---    I r.    Quality
( )        Characteristics of the product i
Concentrate of milk fats rith a pure fat content of not less than 99«S/oe
( E)       Standard composition
(Analysis carried out daring manufacture and packaging )
– Moisture content and non-fat components of the milks not exceeding 0>2fo
–       Fats s    not less than 99*w°
~ Free fatty acids :          not exceeding 0.5% ( expressed in oleic acid )
- Peroxide index per kg ;          not more than one unit ( in mi 1 1 i-e quival ent a of
        active oxygen per kg)
–       Taste :    fresh
–       bine 11 :  no snella foreign to butterei !»
II®        Packaging :
 ( a)      5 kg métal tins – 4 tins per box
 ... .. ..               ..      .A .      _ .
 ( by      Marking on the outside!*, in English as follows :
                                    Y
                                     1.
                                      V
5UTTER0IL                               \\
           J                               \
GIFT FROM THE EUROPEAN ECOEOMIC v CCMU]JTTy
TO THE OFFICE OF THE UUITED NATIONS HIGH COMMISSIONER FOR REFUGEES
                      >
FOR FREE DISTRIBUTION" TO THE PEOPLE OF CYPRUS
                     i
 ---pagebreak---                 ■             General Provisions                       I     .\
                                 Article 1
Delivery shall "be complete and risks shall pass from the European Economic
Community, "hereinafter referred to as the EEC , to the recipient body once
the goods are deposited at the point of exportation designated "by the -
Commission of the European Communities , at the place indicated by the
recipient body .or its authorized agent referred to in Article 2 , subject
to the conditions referred to in the following articles .    Without
prejudice to Articles ^ and 8 , the costs incurred up to and including
delivery shall be borne by the Community and by the recipient body after this
delivery.
                                 Article 2
To implement the provisions of this Annex , the Community shall appoint – if
necessary for each lot - an authorized agent whose name and address shall
be made known to the recipient body as soon as he is appointed . The
recipient body shall appoint in the port or ports of shipment an authorized
agent whose name and address it shall make known to the Community as soon
as possible and if possible before the appointment of the Community 's
authorized agent .
                                 Article 3
Prior to the implementation of the procedures to appoint the Community 's
authorized agent referred to in Article 2 , the Commission of the European
Communities and the recipient body shall jointly fix the period during
which the delivery is to begin .
                II . Obligations of the European Economic Community
                                 Article 4
Where the Community is not in a position to carry out the delivery on the date
and , where appropriate , at the rate provided for in Article 6 , any costs
incurred as a result by the recipient body, for example demurrage , forfeit
freight or dead freight shall be borne by the Community.
The demurrage rates and detailed arrangemnts relating thereto laid down in
the contracts concluded between the recipient body and the carrier must have
been previously agreed upon between the recipient body and the authorized agent
 ---pagebreak--- of the Community. The other oosts referred to in the first paragraph shall
only be refunded by the Community if they have been paid by the recipient body
with the agreement of the Community.
                                 Article 5
Should it prove impossible for the Community to supply all or part of the
goods on the date and within    the time limit provided for in Article 6 ,
without prejudice to the provisions of Article 4t the authorized agents of the
Community and the recipient body shall agree on a new date and a new time
limit for delivery of the total consignment or that part of it which has not
been delivered .
                     III . Obligations of the recipient body
                                 Article 6
After contacting the Community, the recipient body shall procure * for the
transportation of all the quantities provided for in Article 1 of the
Agreement , one or several vessels of dimensions corresponding to the normal
loading potential of the port of shipment , which must be ready for loading
on a date falling within the period referred to in Article 3 *
As soon as he knows this date and the date on which delivery is due to begin ,
the authorized agent of the recipient body shall notify the Community of
them , if possible 20 days and in any case 10 clear days before the date on
which delivery is due to begin .
He shall fix with the authorized agent of the Community the rate at which
deliveries shall be carried out .
                                 Article 7
Should the recipient body not be in a position to" begin loading on the
date provided for in the first paragraph of Article 6 , its authorized
agent shall immediately inform the authorized agent of the Community .
In that event , a new date for commencement of deliveries and , where appropriate ,
a new rate may be agreed upon between the Community 's authorized agent and
that of the recipient body. Whatever the circumstances , the costs attributable
to this delay shall, except in cases of force ma.ieure . be borne by the
recipient body.
 ---pagebreak---                                    Article 8
 Where the quantity scheduled for loading on a vessel cannot be taken on
 "beard in its entirety , the recipient body shall inform the Community as soon
 as possible and 'in any event not later than 15 clear days after loading
 is completed , whether it intends to taJce or forgo the balance e
 In the first case , the second and third paragraphs of Article 7 shall be
 applicable to this balance if it has not already been delivered .
 In the second case , the Community may consider that it has discharged its
 commitment to the recipient body under Article 1 of the Agreement and
 it shall bear the costs resulting from non-acceptance of the balances
In ajny event , if the recipient body has not informed the Community of its
 intentions after the period of 15 clear days has expired , it shall be
considered to have foregone the balance .
On delivery of the goods , the recipient body shall give the authorized agent of the
Community    a certificate confirming delivery , indicating the port of shipment ,
the date of taking delivery , and the nature , quantity and any comments on
the quality of the goods received , and shall address a copy of this certificate
to the Commission of the European Communities .