CELEX: 
Language: en
Date: 1974-01-28 00:00:00
Title: Council Decision of 15 October 1973 concluding the Agreement between the European Economic Community and the International Committee of the Red Cross on the supply of cereals and skimmed-milk powder as food aid #Agreement between the European Economic Community and the International Committee of the Red Cross on the supply of cereals and skimmed-milk powder as food aid

28 . 1 . 74                       Official Journal of the European Communities                        No L 23/ 17
                                                COUNCIL DECISION
                                                   of 15 October 1973
            concluding the Agreement between the European Economic Community and
            the International Committee of the Red Cross on the supply of cereals and
                                        skimmed-milk powder as food aid
                                                       (74/22/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 from the Commission ;
            Whereas the International Committee of the Red Cross has made known its requirements
            in cereal products for humanitarian programmes and whereas a quantity of foodstuffs
            equivalent to 7 500 metric tons of cereals should be placed at its disposal for this
            purpose ;
            Whereas in Council Regulation (EEC) No 2721 /72           of 19 December 1972 on the
            supply of skimmed-milk powder as food aid, as amended by Council Regulation (EEC)
            No 2700/73 (2), it was decided to place 6 000 tons of this product at the disposal of the
            International Committee of the Red Cross ;
            Whereas concerning emergency programmes to be decided upon in implementation of
            the envisaged Agreement, the Community's approval should be given to the International
            Committee of the Red Cross as soon as possible, and whereas it may prove necessary to
            reply very rapidly to any requests for adaptations which might be made by the above
            Committee during the implementation of the said Agreement,
            HAS DECIDED AS FOLLOWS :
                                                         Article 1
            On behalf of the Community, the Agreement between the European Economic Commu­
            nity and the International Committee of the Red Cross on the supply of cereals and skim­
            med-milk powder as food aid, the text of which is annexed to this Decision, is hereby
            concluded .
                                                         Article 2
            The approval provided for in the third paragraph of Article IV and the second paragraph
            of Article X of the Agreement referred to in Article 1 is given by the Commission .
                                                         Article 3
            The President of the Council is hereby authorized to nominate the persons entitled to
            sign the Agreement and confer on them the powers necessary to commit the Community.
            Done at Luxembourg, 15 October 1973 .
                                                                       For the Council
                                                                         The President
                                                                        I. N0RGAARD
            (!) OJ No L 291 , 28 . 12. 1972, p. 28 .
            (2) OJ No L 279, 5 . 10. 1973 , p. 1 .
 ---documentbreak---  No L 23 / 18                        Official Journal of the European Communities                             28 . 1 . 74
                                                     AGREEMENT
               between the European Economic Community and the International Committee of the
                        Red Cross on the supply of cereals and skimmed-milk powder as food aid
               THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
               on the one part,
              THE INTERNATIONAL COMMITTEE OF THE RED CROSS,
              on the other part,
              HAVE DECIDED to conclude this Agreement and have nominated as plenipotentiaries
              lor this purpose :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
               THE INTERNATIONAL COMMITTEE OF THE RED CROSS :
              WHO HAVE AGREED AS FOLLOWS :
                          Article I                                                    Article IV
 The European Economic Community hereinafter                    The recipient body shall undertake to use the
 referred to as 'the Community' shall supply as a                products received for food aid purposes and to
 free gift to the International Committee of the Red             distribute them free of charge — if necessary in
Cross, hereinafter referred to as the 'recipient body'           cooperation with national Red Cross Societies — to
6 000 metric tons of skimmed-milk powder and                     particularly needy groups of people ; each operation
7 500 metric tons of cereals (including husked rice)             shall have been previously approved by the Commu­
under the 1972/73 cereals food aid programme.                   nity.
                                                                The deliveries shall be made in accordance with the
                         Article II                             procedure approved by the Community.
 The quantity of 7 500 metric tons of cereals                   Where emergency programmes involving no more
 (including husked rice) shall be supplied in the               than 500 metric tons of cereal products and/or 50
natural state or in the form of products of the first           metric tons of skimmed-milk powder are concerned
processing stage.                                               the approval of the Community will be given as
                                                                soon as possible after the request has been received.
                         Article III
The deliveries shall be made in bags. The packaging                                     Article V
arrangements and , in respect of skimmed-milk
powder, the characteristics of the product, are set             The obligations and responsibilities of the Commu­
out in Annex I which forms an integral part of this             nity and the recipient body with particular reference
Agreement.                                                      to delivery and taking on charge cif or 'free fron­
 ---pagebreak--- 28 . 1 . 74                                   Official Journal of the European Communities                            No L 23 / 19
tier' are set out in Annex II, which forms an integ­                                             Article VIII
ral part of this Agreement.
                                                                          The recipient body may appoint the League of Red
                                                                          Cross Societies or an ad hoc body set up by the
                                Article VI                                International Committee of the Red Cross and/or
                                                                          the League of Red Cross Societies to implement this
The recipient body undertakes to make all neces­                         Agreement either in whole or in part.
 sary arrangements for the transportation and the
insurance of the delivered products from the place
 of delivery to the place of destination, except where                                            Article IX
 such insurance cannot be upheld due to acts of war
or uprisings.                                                             The contracting parties shall, at the request of
                                                                          either, consult each other on all matters concerning
                                                                          implementation of this Agreement.
                               Article VII
The recipient body shall undertake to inform the                                                  Article X
 Community of how this Agreement is implemented.
 To this end it shall forward to the Commission of                        Should new circumstances arise the contracting
 the European Communities the followiing informa­                         parties shall together decide on any amendments to
tion :                                                                    be made to this Agreement.
— not more than 30 days after the arrival of each                         In such an event, and where the quantities involved
     shipment at the place of delivery : the places                      do not exceed 500 metric tons of cereal products
     and dates of delivery, the nature, quantity and                      and/or 50 metric tons of skimmed-milk powder, the
     quality of the products delivered, and the date                      approval of the Community will be given as soon
     on which the delivery was fully completed ;                          as possible after the request has been received.
— one month after completion of the delivery, then
     every two months until the quantities received as                                            Article XI
     aid have been fully used : the quantities distri­
    buted, number and description of the beneficia­                       This Agreement is drawn up in two copies in the
     ries and the places, timetable and method of                         Danish, Dutch, English, French, German and Italian
     distribution .                                                       languages, all of these texts being equally authentic.
                                                                 ANNEX 1
                                            Provisions laid down in Article III of the Agreement
                I. CEREALS
                    Packaging :
                    ( a) New jute or cotton bags with a net weight not exceeding 50 kilogrammes ;
                     (b ) Marking on the outside with a red cross 15 cm by 15 cm and specifications in French,
                           English or Spanish according to the countries of destination as follows :
                            ( WHEAT, WHEAT FLOUR . . .) GIFT FROM THE EUROPEAN ECONOMIC
                           COMMUNITY/ ACTION OF THE INTERNATIONAL COMMITTEE OF THE RED
                           CROSS
               II . SKIMMED-MILK POWDER
                    A. Quality requirements :
                          ( a ) fat content :                                 1-5 % maximum
                          ( b ) water content :                               4-0 °/o maximum
 ---pagebreak--- No L 23 /20                             Official Journal of the European Communities                                   28 . 1 . 74
                     (c) total acidity (lactic acid ) :                   0-15 %> maximum ( 18° Dornic)
                     (d) test for neutralizing agents :                   negative
                     (e) permitted additives :                            none
                     (f) phosphatasis test :                              negative
                     (g) solubility :                                     0-5 ml maximum (99 %> minimum )
                     (h) degree of purity :                              disc B minimum ( 15-0 mg)
                     (i ) germ content :                                  50 000/g maximum
                     (k) colon bacillus count :                           negative in 0-1 g
                     ( 1) taste and smell :                              natural
                     (m) appearance :                                    white or slightly yellowish colour, no
                                                                         impurities or coloured patches.
                 B. Packaging :
                     (a) New bags having a net weight of 25 kilogrammes ;
                     (b) Composition :
                          (aa) 4 bags made of Kraft paper, of a strength corresponding to a weight of at
                                least 70 g/m2 ;
                                1 interposed bag made of tarred paper of a strength corresponding to a
                                weight of at least 140 g/m2 ;
                                1 double-weld-fused polyethylene internal pocket at least 0-06 mm thick.
                     or (bb) 1 bag made of 'clupak poly-duplo' paper of a strength corresponding to a
                                weight of at least 50/20/50 g/m2 ;
                                2 bags made of Kraft paper of a strength corresponding to a weight of at
                                least 70/75 g/m2 ;
                                1 polyethylene internal pocket at least 0-10 mm thick.
                    ( c) Marking on the outside with a red cross 15 cm by 15 cm and specifications in
                          French, English or Spanish according to the countries of destination as follows :
                          SKIMMED-MILK POWDER/ GIFT FROM THE EUROPEAN ECONOMIC
                          COMMUNITY/ACTION OF THE INTERNATIONAL COMMITTEE OF THE
                          RED CROSS .
                                                           ANNEX 11
                                       Provisions laid down in Article V of the Agreement
                          Article 1                                  — in the case of delivery 'free frontier' of the country of
                                                                         destination, once the goods actually reach the frontier
Delivery shall be complete and risks shall pass from the                 point ;
Community to the recipient body ;                                                              Article 2
                                                                     The recipient body shall bear all costs subsequent to
— in the case of delivery cif, once the goods are fully              delivery including the costs of reception of the goods
   unloaded on quayside or onto lighter if this method               and, where delivery is made 'free frontier', the costs of
   is used ;                                                         unloading .
 ---pagebreak--- 28 . 1 . 74                           Official Journal of the European Communities                                No L 23 /21
                          Article 3                               at least 72 hours in advance of the probable date of
                                                                  arrival of the vessel in port.
 In the event of cif delivery, any demurrage costs at the
port of unloading resulting from delays attributable to           Where delivery is made 'free frontier', the Community
the recipient body shall be borne by that body. The rates         shall without delay inform the recipient body of the date
and the detailed arrangements applying thereto in the             on which the goods will arrive at the port of unloading
contract between the authorized Community agent                   and shall in any case notify the recipient 10 clear days in
referred to in Article 7 and the carrier must have been           advance of the estimated date of arrival at the frontier
agreed upon in advance by that agent and the receiving            point.
agent of the recipient body referred to in Article 7.
                                                                                             Article 6
Where delivery is made 'free frontier', any costs resulting
from delays in taking delivery of the goods which are             On delivery of the cereals a tolerance of 5 °/o less than
attributable to the recipient body shall be borne by that         the quantities of products specified as loaded for each
body.                                                             shipment is permitted.
                          Article 4                                                          Article 7
The Community shall, as soon as possible after the                To implement the provisions of this Annex, the Commu­
goods have left the port of loading, notify the recipient         nity shall appoint an authorized agent whose name and
body of the name of the vessel, the date of loading, the          address shall be made known in good time to the recip­
quantity and quality of the goods as recorded at time of          ient body.
loading, the port of unloading, the daily rate of
unloading at the port and, where delivery is made 'free           The recipient body shall appoint a receiving agent in
frontier', the frontier point and the method or methods           each place of delivery, whose name and address shall be
of transportation used for bringing the goods to the fron­        made known to the Community before the Agreement is
tier points.                                                      implemented .
                          Article 5                                                          Article 8
In the case of cif delivery, the Community shall inform           On delivery of the goods, the recipient body or its
the recipient body of the estimated date of arrival of the        receiving agent referred to in Article 7 shall hand to the
vessel at the port of unloading at least ten clear days           Community's authorized agent, referred to in the above
before that date. It shall insert in the charter-party a          Article, a certificate confirming delivery of the quantities
clause requiring the captain to inform the recipient body         involved .
               Information on the signing of the Agreement between the European Economic
               Community and the International Committee of the Red Cross (ICRC) on the supply
                                                         of food aid
               The Agreement between the European Economic Community and the ICRC on the
               supply of cereals and skimmed-milk powder as food aid which the Council decided
               to conclude on 15 October 1973 was signed in Brussels on 22 October 1973 on
               behalf of the Council of the European Communities by :
               Mr Otto Moller, Minister-Counsellor, Deputy Permanent Representative
               and
               Mr J. Durieux, Director in the Directorate-General for Development Aid of the
               Commission of the European Communities, and on ibehalf of the ICRC by :
               Mr Claude Pilloud, Director of the Department of Principles and Law and
               Mr Edme Regenass, Director of the Administration Department.
 ---documentbreak--- NA ---documentbreak--- 28 . 1 . 74                           Official Journal of the European Communities                                No L 23 /21
                          Article 3                               at least 72 hours in advance of the probable date of
                                                                  arrival of the vessel in port.
 In the event of cif delivery, any demurrage costs at the
port of unloading resulting from delays attributable to           Where delivery is made 'free frontier', the Community
the recipient body shall be borne by that body. The rates         shall without delay inform the recipient body of the date
and the detailed arrangements applying thereto in the             on which the goods will arrive at the port of unloading
contract between the authorized Community agent                   and shall in any case notify the recipient 10 clear days in
referred to in Article 7 and the carrier must have been           advance of the estimated date of arrival at the frontier
agreed upon in advance by that agent and the receiving            point.
agent of the recipient body referred to in Article 7.
                                                                                             Article 6
Where delivery is made 'free frontier', any costs resulting
from delays in taking delivery of the goods which are             On delivery of the cereals a tolerance of 5 °/o less than
attributable to the recipient body shall be borne by that         the quantities of products specified as loaded for each
body.                                                             shipment is permitted.
                          Article 4                                                          Article 7
The Community shall, as soon as possible after the                To implement the provisions of this Annex, the Commu­
goods have left the port of loading, notify the recipient         nity shall appoint an authorized agent whose name and
body of the name of the vessel, the date of loading, the          address shall be made known in good time to the recip­
quantity and quality of the goods as recorded at time of          ient body.
loading, the port of unloading, the daily rate of
unloading at the port and, where delivery is made 'free           The recipient body shall appoint a receiving agent in
frontier', the frontier point and the method or methods           each place of delivery, whose name and address shall be
of transportation used for bringing the goods to the fron­        made known to the Community before the Agreement is
tier points.                                                      implemented .
                          Article 5                                                          Article 8
In the case of cif delivery, the Community shall inform           On delivery of the goods, the recipient body or its
the recipient body of the estimated date of arrival of the        receiving agent referred to in Article 7 shall hand to the
vessel at the port of unloading at least ten clear days           Community's authorized agent, referred to in the above
before that date. It shall insert in the charter-party a          Article, a certificate confirming delivery of the quantities
clause requiring the captain to inform the recipient body         involved .
               Information on the signing of the Agreement between the European Economic
               Community and the International Committee of the Red Cross (ICRC) on the supply
                                                         of food aid
               The Agreement between the European Economic Community and the ICRC on the
               supply of cereals and skimmed-milk powder as food aid which the Council decided
               to conclude on 15 October 1973 was signed in Brussels on 22 October 1973 on
               behalf of the Council of the European Communities by :
               Mr Otto Moller, Minister-Counsellor, Deputy Permanent Representative
               and
               Mr J. Durieux, Director in the Directorate-General for Development Aid of the
               Commission of the European Communities, and on ibehalf of the ICRC by :
               Mr Claude Pilloud, Director of the Department of Principles and Law and
               Mr Edme Regenass, Director of the Administration Department.