CELEX: 21974A1209(02)
Language: en
Date: 1974-12-02 00:00:00
Title: Agreement between the European Economic Community and the United Nations Children's Fund (UNICEF) on the supply of cereals as food aid

5 . 2. 75                           Official Journal of the European Communities                           No L 32 / 15
                                                     AGREEMENT
              between the European Economic Community and the United Nations Children's Fund
                                     (UNICEF) on the supply of cereals as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of 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                            For emergency operations involving not more than
                                                               1 000 metric tons of processed product the approval
Under the 1973 /74 food-aid programme (cereals), the           of the Community shall be given in the shortest
European Economic Community, hereinafter referred              possible time after receipt of the request.
to as 'the Community', shall supply by way of gift
to the United Nations Children's Fund (UNICEF),
hereinafter referred to as the 'recipient body', a
quantity of 10 000 metric tons of cereals.                                             Article IV
                         Article 11                            The obligations and responsibilities of the
                                                               Community and of the recipient body concerning
The 10 000 metric tons of cereals shall be supplied in         delivery and acceptance, whether cif or 'free-at­
the form of 5 000 metric tons of rolled oats, the              frontier', are set out in the Annex which forms an
specifications and packaging of which shall be                 integral part of this Agreement.
agreed between the recipient body and the
Community.
                                                                                       Article V
                         Article 111
The recipient body undertakes to use the product               The recipient body undertakes to ensure that all
received as aid for the purposes of consumption and            arrangements needed for transport of the product
to distribute it free of charge to groups of people             from points of delivery to places of distribution shall
covered by its assistance programme, each operation             be made either by the recipient body itself or by the
to have been previously approved by the                        government of the country where distribution is to
Community.                                                      take place. In any event, in case of loss unless caused
                                                               by acts of war the recipient body undertakes to
The deliveries shall be made in accordance with               ensure replacement of the product so as to restore
provisions to be approved by the Community.                   the contribution of the Community.
 ---pagebreak--- No L 32/ 16                           Official Journal of the European Communities                                    5 . 2 . 75
                          Article VI                                                         Article VIII
The recipient body undertakes to inform the
Community of how this Agreement is implemented.                    Should new circumstances arise the Contracting
To this end it shall forward to the Community the                  Parties shall together decide on any amendments to
following information :                                            be made to this Agreement.
1 . not more than 30 days after the arrival of each
    shipment at the place of delivery: the places and
    dates of delivery, the nature, quantity and quality            In such an event, the approval of the Community
    of the product delivered, and the date on which                shall be given in the shortest possible time after
    delivery was fatty completed;                                  receipt of the request when the matter concerns
                                                                   operations involving not more than 1 000 metric
2. one month after completion of the delivery, then                tons of processed product.
    every four months until the quantities received as
    aid    have     been   fully    used:   the   quantities
    distributed; number and description of the
    beneficiaries; the places, timetable and method of
    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                                                         Article 4
Delivery shall be effected and all risk shall pass from the        The Community shall, as soon as possible, notify the
Community to the recipient body:                                   recipient body of the name of the vessel, the date of
— in the ease of delivery cif, once the goods are                  loading, the quantity and the quality of the goods as
     effectively set down on the quayside or onto lighter as       recorded at time of loading, the port of discharge, and
     the case may be;                                              where delivery is made 'free-at-frontier', the frontier
                                                                   point and the methods of transportation used for bringing
— in the case of delivery 'free-at-frontier' of the                the goods to the frontier point.
     country of destination, once the goods actually reach
     the frontier point.
                                                                                              Article S
                            Article 2
                                                                   In the case of delivery cif, the Community shall inform
The recipient body shall bear all costs subsequent to              the recipient body of the estimated date for arrival of the
delivery including the costs of reception of the goods             vessel at the port of discharge at least 10 clear days
and, where delivery is made 'free-at-frontier', the costs          before that date. It shall insert in the charter-party a
of discharge.                                                      clause requiring the captain to inform the recipient body
                                                                   at least 72 hours in advance of the probable date of
                            Article 3
                                                                   arrival of the vessel in port.                         *
In the case of delivery cif, any demurrage costs at the            In the case of delivery 'free-at-frontier', the Community
port of discharge resulting from delays attributable to the        shall without delay inform the recipient body of the date
recipient body shall be borne by that body. The rates and          of arrival of the goods at the port of discharge and shall
die detailed arrangements applying thereto, fixed in the           in any case make known at least 10 clear days in
                                                                   advance the estimated date of arrival at the frontier
contract between the Community agent referred to in
Article 6 and the carrier, must have been agreed in                point.
advance by that agent and the receiving agent of the
recipient body referred to in Article 6.                                                      Article 6
In the case of delivery 'free-at-frontier' any costs               To implement the provisions of this Annex, the
resulting from delays in taking delivery of the goods              Community shall appoint an agent whose name and
which are attributable to the recipient body shall be              address it shall make known in good time to the
borne by the latter.                                                recipient body.
 ---pagebreak--- 5 . 2. 75                        Official Journal of the European Communities                                 No L 32/17
The recipient body shall appoint a receiving agent for                                  Article 7
each place of delivery, whose name and address it shall      On delivery of the goods the recipient body or its
make known to the Community before implementation            receiving agent referred to in Article 6 shall hand to the
of the Agreement.                                            Community's agent referred t© in the same Article a
                                                             certificate of acoeptance for the quantities involved.
             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 cereals 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.