CELEX: 51974PC1673
Language: en
Date: 1974-10-18
Title: Proposal for a COUNCIL DECISION concluding the Agreement between the European Economic Community and the United Nations Children's Fund (UNICEF) on the supply of skim milk powder as Food Aid#Proposal for a COUNCIL DECISION concluding the Agreement between the European Economic Community and the United Nations Children's Fund (UNICEF) on the supply of cereals as Food Aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1673
Vol. 1974/0266
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(74)1673 final
                                                        Brussels . 18 October 1974
                                 Proposai for a
                                 COUNCIL -DECISION
        concluding the Agreement "between the European Economic Community
         and the United Nations Children 's Fund ( UNICEF) on the supply
                         of skim milk powder as Food Aid
                                  Proposai for a
                                 COUNCIL DECISION
        concluding the Agreement "between the European Economic Community
         and the United Nations Children 's Fund ( UNICEF) on the supply
                             of cereals as Food Aid
                  ( submitted to the Council "by the Commission)
CCM( 74) 1673 final
 ---pagebreak--- Proposals for decisions concerning the Agreements to be concluded, between
the European Economic Community and the United Nations Children 's Fund
 (UNICEF) on the supply as food aid of cereals and skim milk powder.
STATEMENT OF REASONS
The draft agreements annexed hereto concern the supply of food aid by
the Community in favour of the United Nations Children 's Fund in the
form of
- 10000 tonnes of cereals under the food aid program in cereals for
    1973/74-implementation plan adopted by the Council on 21 March 1974 ;
- 2250 tonnes of skim milk powder , the quantity provided for by the
    Regulation (EEC No. 1826/74 of the Council of 11 July 1974 » on the supply
    as food aid of skim milk powder ( l ).
The actions of the UNICEF being similar to those of the International
Committee of the Red Cross (normal and emergency actions ), a supply
agreement has been_drafted.. of the same kind as that concluded
previously with the ICRC : i.e. an outline agreement with emergency
supplies to be decided upon in due course .
Since this double decision provess normally takes a relatively long
time f it seems desirable to introduce special procedures , as already
provided or foreseen for actions undertaken through the ICRC :
concerning the emergency actions of UNICEF , it is proposed that the
Council authorise the Commission ( 2 ) to decide initial relief supplies
for delivery CIF or free frontier within a limit of 100 tonnes of skim
milk powder and 1000 tonnes of cereal products ;
concerning "normal" act ions (3 ) the Commission asks the Council to
adopt an accelerated decision procedure .
( 1 ) OJiNow L 190 , 13 July 1974 , p. 20
(2)it is also provided that the Council should authorize the Commission
     to decide on behalf of the Community on modifications during the
     implementation of the Agreement , insofar as these do not involve
     more than 1000 tonnes of cereal prodv;~t .: in<?/or IOC tcr.r.ec of .skim
     milk powder .
( 3) and for emergency actions not covered -in the preceding paragraph.
 ---pagebreak---                            ί
                     PROPOSAL FOR
              A COUNCIL DECISION
conoluding the Agreement between the European Economic Community
and the United Nations Children * s Fund (IJNTCEF) on the supply of
skim milk powder as Food Aid
 ---pagebreak---  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 of the Commission ;
 Whereas the United Nations Children 's Fund has mada known its
 requirements in skim milk powder ;
 Whereas , by Regulation (EEC ) No . 1826/74 of the Council ( l ) of
 13 July 1974 on "the Supply as Food Aid of skim Milk Powder , there
have been placed 2230 tonnes of this product at the disposal of
the United Nations Children 's Fundj
Whereas concerning emergency actions to be decided upon in implementa­
tion of the proposed Agreement the Community 's approval should be
 given to the United Nations Children 's Fund as quickly as possible ,
and whereas it may prove necessary to reply very rapidly to any
requests for modifications which might be made by UNICEF during the
implementation of the said Agreement .
HAS DECIDED AS FOLLOWS :
                                Article 1
An Agreement is hereby concluded on behalf of the European Economic
Community between the Community and the United Nations Children 's Fund
concerning the supply as food aid of skim milk powder , the text of
which is annexed to this Decision *
                                Artide 2
The approval provided for in Articles II , in Articles III par. 3 and VIII
par. 2 of the Agreement mentioned in Article I 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 bind the Community.
                                       Done at Brussels ,
                                       For the Counoil
                                      ïhe President
(1) OJ NO. L 190, 13 July 1974 p.20
 ---pagebreak---                 AGREEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE
UNITED NATIONS CHILDREN'S FUND (UNICEF ) ON THE
SUPPLY OP SKIM MILK POWDER AS POOD AID .
 ---pagebreak---  THE COUNCIL OP THE EUROPEAN COMMUNITIES,
                                                   of the one part .
 THE UNITED NATIONS CHILDREN' S FUND
                                                   of the other part .
HAVE DECIDED to conclude this Agreement and have nominated as
plenipotentiaries for this purpose
THE COUNCIL OP THE EUROPEAN COMMUNITIES J
THE UNITED NATIONS CHILDREN * S FUND :
WHO HAVE AGREED AS FOLLOWS S
 ---pagebreak---                                          AKTl'CL' -.   I
•i'ho .L,\iro~>«a» F.conoiiiic Community hereinafter referred to <:s "tue Co:.,aurity "
 f;hal3 supply by way of gift to the United liatioaa Children1 u Kuri (uillui/ )
herrsi\fter referred to as the "recipient body ", a quantity of 2,250 tonnes
of skim milk powder .                                        . -
                                         ΑΗ'ΓΙΟΜ·:     II
The specifications and packaging of the products shall be agreed between
tno recit>:i ent body and the Community.
                                         ARTICLE       III
The recipient body undertakes to use the products received as aid for the
purposes of consumption and to distribute then free of charge to group/s of
people covered by its program of assistance , each operation to have been
previously approved by the Community .
The deliveries shall be ruado using arrangements to be approved by the Co^rainit;, .
j?or emergency actions involving not more than 100 tonnes of Bkim milk powder
the approval of the Community shall be given in the shortest possible tine
after receipt of the request .
                                         ARTICLE       IV
The obligations and responsibilities of the Ooirjnunity and of the recipient
body with particular reference to delivery and acceptance whether CI? or
"free frontier " are set out in the Annex which forme an integral part of this
Agreement . -                                        '     •
                                         ARTICLE       V
The recipient body undertakes to ensure that all arrangements needed for transport
of the products from points of delivery to places of distribution end for insurance
if it considers it necessary shall be made either by the recipient body itself or
by the government of the country where distribution is to take place . In any
case of loss unless caused by acts of wax the recipient body undertakes to ensure
replacement of the products so as to restore the contribution of the Community .
 ---pagebreak---   The recipient body undertakes to mi'ora v.i -.1 Ooiw.-iuii?. ?. ' oj        t t *;•          » i;
   is implemented. To this end it nhall forward Io th« Community the following
    information :
  – not more than 30 days after the arrive-.?, of Cf ch £,iiir:-Vicr»t at the place of
     delivery : the places and dates of deliver,)-, l-hc i :; t'.tr-: , 'vuurti 1 .;/ .- ni
     quality of the products delivered , and tha dito on »; :':ich i'.»e unlivery V.Y-. r
     fully completed j
 - one month after completion of the delivery , then                    iu.-.r i::c»"'tha until
     the quantities received a« aid htvo beer. fully M. -.- d : tut n'lt.:* U ties
     distributed , number and description of tue               dixies n^-J thj places ,
 *   timetable and method of distribution *
                                  ·, Ρ-Γ5ΤΠΤ :;·
                                      rriOi -:1- ,vΓΤ
                                                    ,L Γ
The contracting partita shall at the rev                 of eiti»cr ecu; vl t t-tch oV-ier en
all matters concerning the application of tl.i s                c-eui .
                                 Aïff ICI3       VIII
Should new circumstances arise the contracting pv-rtife'; K-ii.31 tojethcr decide
on any amendments to be made to this Ajrec:.:Oivt .
In such an event , and for matiers involvin ; r.ot i:!or3 tiuui 100 tonnes of
 skim milk powder       the approv&l cf the Cc;:i..iunity lo:!1 bo jiven in the
shortest possible time after receipt of the rcqvoivst .
                                                          *
                                 aïï-ticls       r:
This Agreement is drawn up in two copies in the Banish , Dutch , ilnjlish , French ,
German and Italian languages , each of these texts having e^ual force .
 ---pagebreak---              Provisions under Article 17 of thQ '■■yecaot
                               Article 1
 Delivery shall be effected and risk? shall past: fro.n thr5 Co ;Ti:.;y.riity to tV.o
 recipient body :
 - in the cane of delivery CIF , once the foods are effec tively c ot dov.u on
   quayside or onto lighter if this method is uued ;
 – in the caso of delivery "free frontier " of th-3 country of dej.i:i nation , cnce
   the goods actually reach the frontier point .
               !              Article 2
 Tho recipient body shall tear all costs su::sje,rucnt to deliver,-.1 iiiclirJin      tho
 costs of reception of the goods and , where delivery is locee "free frontier
 the coBts of unloading .
                              Article 3
 In the caso of delivery CIF , any demurrage costs at the port cf ur.loadinj,
resulting from delays attributable to the recipient Vodv, shell be Yorro by
 that body . The rates and the detailed arrangements applyin       thereto in the
contract between the Community a^ent referred to in Article 6 a*id the carrier
must have been agreed upon in advance by that agent and t lie receiving «- ~ent
of the recipient body referred to in Article 6 .
 In the case of delivery "free frontier " any costs resulting fro.i dolays.in
taking delivery of the goods which are attrib\itable to the recipient body
shall be borne by that body .
                              Article 4
The Community shall as soon as possible notify the recipient body cf the
name of the vessel , the date of loading, the quantity and the quality of
the goods as recorded at time of loading , the port of unloading , sr.d vitors
  delivery is made "free frontier ", 'the frontier point and the methods of trans­
portation used for bringing the goods to the frontier point .
 ---pagebreak---              • V.
     ;                    ' <• , ■" s' *
                                         Article '>
 In the canc of delivery CIP, the Community shall iri'or.. x.'c r'.irdpi cvh
 of tho estimated
                , t' V
                       date of arrival of the vesae] at the \;vr'( <>.t . vicu VL : .. • a t
 least ten clear days before tnat date . It shall insert in tbo ch -ii-t -.i--
 a clause requiring the1 captain to inform the recipient Vj-ty at loatii: 7 "
 in advance of the probable date of arrival of the vessel :ii ; jio
 In the case of delivery "free frontier ", the ccnounity ehv.l ] without dc.Kr,-
 inform the recipient body of the date of arrivil of the ^oovk-, at the pert
unloading and £?hall in any case make known at leaut ten c)c; r d;.y a ir. r
 the estimated date of arrival at tho frontier point .
                                         Article 6
To implement the provisions of this Annex , tne CoiV-runity i;h:'H «.:>poj              \u
ajent Vfhose name and address it shall make knovn in £;ooi tine to th>.- i-ocip.*.M>:t
body.                   .                    •
Tiic recipient body shall appoint a receiving a~cnt for each plccc- of delivery ,
whose name and address it shall make knovm to the Conriunity Leioj-c t.Vi Aj?vc::cnt
is implemented.
                                         Article 7
On delivery of the goods the recipient body or ita receiving cjont r-jf'irrcd
to in Article 6 shall hand to the Community' s ajent referred to in iha
Artiole a certificate of acceptance for the quantities involved .
 ---pagebreak---                PROPOSAL FOR A COUNCIL DECISION
concluding the Agreement between the European Soonomio Community
and the United Nations Children 's Fund (UNICEF) ca the supply of
cereals as Feed Aid .
 ---pagebreak---   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 proposal of the Commission*,
  Whereas the European Economic Community has concluded the Seoond
  Pood Aid Convention ( l );
  Whereas the United Fat ions Children 's Fund has made kr-own
  its requirements in cereal products for humanitarian programs and
  whereas a quantity of food stuffc      equivalent to 10.000 tonnes of
  cereals should be placed at its disposal for this pr»pe»e ;
  Whereas concerning emergency actions to be decided upon in implemen­
  tation of the proposed Agreement the Comnunity 's approval should be
• given to the United Nations Children 's Fund as soon as possible _        _t
  and whereas it may prove necessary to reply very rapidly to any requests
                                                                               а
  for modifications which might be made by the UNICES during the iaplewen-
  tation of the said Agreement
 HAS DECIDED AS FOLLOWS i
                                Article 1
  An Agreement is hereby ooncluded on behalf of the European Economic
  Community and the United Rations Children 's Fund concerning the supply
  as food aid of cereals , the text*>of which is annexed to this Decision.
                                Article 2
 The approval provided for in Articles II , in Articles III par . 3 and VIII
 par . 2 of the Agreement mentioned in Article I 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 comnit the ^Community
                               Done at Brussels ,
                               For the Council
                               The President
 ( l ) O.JJîo^L 190 9 August 1974 , p. 9
 ---pagebreak---                  AGREEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE
UNITED NATIONS CHILDREN ' S FUND (UNICEP ) ON THE,
SUPPLY OP CEREALS AS POOD AID .
 ---pagebreak--- TKE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                                   of the one part .
THE UNITED NATIONS CHILDREN 'S FUND                of the ether part ,
HAVE DECIDED to conclude this Agreement and have nominated as
plenipotentiaries for this purpose :
THE COUNCIL OF THE EUROPEAN COMMUNITIES t
THE UNITED NATIONS CHILDREN 'S FUND :
WHO HAVe AGREED AS FOLLOWS :
 ---pagebreak---                                   ARTICLE  I
 The European Economic Community hereinafter referred, to as "the Community "
 shall supply by way of gift to the United Nations Children 's Fund (uuicEF )
 hereafter referred to as the "recipient "body ", a <iuantity of 10,000 tonnes
 of cereals under the 1973/74 cereals food aid program .
                                  ARTICLE  II
The 10,000 tonnes of cereals shall be supplied in the form of 5»C00 tonnes of
 rolled oats of which the specifications and packaging shall be agreed between
 the recipient body and the Community.
                                  ARTICLE  III
The recipient body undertakes to use the products received as aid for the
purposes of consumption and to distribute them free of charge to groups of
people covered by its program of assistance , each operation to have been
previously approved by the Community .
The deliveries shall be made using arrangements to be approved by the Community .
For emergency actions involving not more than 1000 tonnes of processed products
 the approval of the Community shall be given in the shortest possible time
after receipt of the request .
                                  ARTICLE  IV
The obligations and responsibilities of the Community and of the recipient
body with particular reference to delivery and acceptance whether CIF or
 "free frontier " are set out in the Annex which forms an integral part of this
Agreements
                                  ARTICLE  V
The recipient body undertakes to ensure that all arrangements needed for transport
of the products from points of delivery to places of distribution and for insurance
if it considers it necessary shall be made either by the recipient body itself or
by the government of the country where distribution is to take place . In any
case of loss unless caused by acts of war the reoipient body undertakes to ensure
replacement of the products so as to restore the contribution of the Community.
 ---pagebreak---                                 ARTICLE  VI
  The recipient body undertakes to inform the Community of how this Agreement
  is implemented. To this end it Bhall forward to the Community the following
  information : _
  – 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 of the products delivered, and the date on which the delivery was
    fully completed }
 - one month after completion of the delivery , then every four months until
    the quantities received as aid have been fully used : the quantities
    distributed , number and description of the beneficiaries and the places ,
    timetable and method of distribution .
                                ARTICLE  VII
 The contracting parties shall at the request of either consult each other on
 all matters concerning the application of this Agreement .
                                ARTICLE  VIII
 Should new circumstances arise the contracting parties shall together decide
 on any amendments to be made to this Agreement .
 In such an event , and for matters involving not more than 1,000 tonnes of
processed products , the approval of the Community shall be given in the
shortest possible time after receipt of the request .
                               ARTICLE   IX
Thi3 Agreement is drawn up in two copies in the Banish , Dutch , English , French ,
German and Italian languages , each of these Texts having equal force .
 ---pagebreak---                                                                           ANNiiX
             Provisions under Article IV of the Agreement
                                Article 1
  Delivery shall be effected and risks shall pass from the Community to the
  recipient "body :
  - in the case of delivery CIF , once the goods are effectively set down on
    quayside or onto lighter if this method is used ;
 - in the case of delivery "free frontier " of the country of destination , once
    the goods actually reach the frontier point .
                                Article 2
 The recipient body shall bear all costs subsequent to delivery including the
 costs of reception of the goods and , where delivery is made "free frontier ",
 the costs of unloading .
                                Article 3
 In the case of delivery CIF , any demurrage costs at the port of unloading
 resulting from delays attributable to the recipient body shall be borne by
 that body. The rates and the detailed arrangements applying thereto in the
 contract between thei Cannunity's ageit  referred to in Article 6 and the carrier
must have been agreed upon in advance by that agent and the receiving agent
of the recipient body referred to in Article 6 .
 In the case of delivery "free frontier " any costs resulting from delays in
taking delivery of the goods which are attributable to the recipient body
shall be borne by that body .
                               Article 4
The Community shall as soon as possible notify the recipient body of the
name of the vessel , the date of loading , the quantity and the quality of
the goods as recorded at time of loading , the port of unloading , and where
  delivery is made "free frontier ", the frontier point and the methods of trans­
portation used for bringing the goods to the frontier point .
 ---pagebreak---                                 Article   5
 In the case of delivery GIF, the Community shall inform the recipient body
 of the estimated date of arrival of the vessel at the port of unloading at
 least ten clear days before that date . It shall insert in the charter-party
 a clause requiring the captain to inform the recipient body at least 72 hours
 in advance of the probable date of arrival of the vessel in port .
 In the case of delivery "free frontier ", the community shall without delay
 inform the recipient body of the date of arrival of the goods at the port of
unloading and shall in any case make known at least ten clear days in advance
 the estimated date of arrival at the frontier point .
                                Article   6
To implement the provisions of this Annex , the Community shall appoint an
agent whose name and address it shall make known in good time to the recipient
body.
The recipient body shall appoint a receiving agent for each place of delivery ,
whose name and address it shall make known to the Community before the Agreement
is implemented .
                                Article   7
       I
On delivery of the goods the recipient body or its receiving agent referred
to in Article 6 shall hand to the Community 's agent referred to in the same
Article a certificate of acceptance for the quantities involved .