CELEX: 51974PC1710
Language: en
Date: 1974-10-28 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, skimmed-milk powder and cereals as emergency food aid for the victims of the recent events in Cyprus (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1710
Vol. 1974/0272
 ---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(74)1710     final
                                                 Brussels , 2. 8 October 197^
                                 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 ,
             skimmed-milk powder and cereals as emergency food aid
             for the victims of the recent events in Cyprus
                 ( submitted to the Council by the Commission )
COM ( "7k 1710 final
 ---pagebreak---                                                                1 ■*■*■■*■/ •*- *// l*f-~
                                      - 2 -
 THE comic IL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economio Community, and
 in particular Articles 113 , 114 and 228 thereof ;
Having regard to the Recommendation from the Commission :
                                                                                      А
Whereas the Council , in Regulation (EEC ) Ho 2333/ 74 of 12 September 1974 on
the stipply of butteroil as emergency food aid and in Regulation (EEC ) No 2332/74
                         1
of 12 September 1974 on the supply of skimmed-milk powder as emergency food aid ,
decided to make available to the Office of the United Nations High Commissioner
for Refugees 200 metric tons of butteroil and 200 metric tons of skimmed-milk
powder ;
Whereas the Office of the United Nations High Commissioner for Refugees has made
known the Cypriot refugees * requirements in cereal products and whereas 3 000
metric tons of cereals , to be supplied in the form of 1 699 metric tons of wheat
flour and 300 metric tons of long-grained milled rice , should consequently be
allocated to this body as emergency food aid ;
HAS DECIDED AS FOLLOWS :
                                   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 , skimmed-milk
powder and cereals as food aid , the text of which is annexed to this Decision ,
is hereby concluded on behalf of the European Economic Community .
                                   Article 2
The President of the Council is hereby authorized to designate the persons
empowered to sign the Agreement , and to confer on them the necessary powers
to bind the Community.
                                              Done at Brussels ,
                                                       For the Council
                                                                                         i
                                                       The President
  OJ No L 250 , 1 3-9 . 74 , p.1 .
 ---pagebreak---                                                               VIII/1 295/74-E
                                  - 3 -
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
of the one part ,
THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES ,
of the other part ,
HAVE DECIDED to conclude this Agreement and to this end have designated as
their Plenipotentiaries :
THE COUNCIL OF TEE EUROPEAN COMMUNITIES :
THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES :
        I .
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                                            VIII/1 295/ 74-E
                                – 4 -
                             AGREMENT
              BETWEEN THE EUROPEACT ECONOMIC CCMMUNITT
AMD THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES
   ON THE SUPPLY OF BUTTEROIL , SKIMMED-MILK POWDER AND CEREALS AS
 EMERGENCY FOOD AID FOR THE VICTIMS OF THE RECENT EVENTS IN CYPRUS
 ---pagebreak---                                                               VIII/1 295/74-E
                                    - 5 -
«
                                  ARTICLE I
Under the 1973/ 74 food aid programme , the European Economic Community shall
 supply as a gift to the Office of the United Nations High Commissioner for
Refugees , hereinafter referred to as the "recipient "body", 200 metric tons
 of butteroil , 200 metric tons of skimmed-milk powder and 3 000 metric tons
of cereals , to be supplied in the form of 1 699 metric tons of wheat flour
and 300 metric tons of long-grained milled rice in cotton sacks of net
weight of 50 kg each .
The quality requirements and packaging conditions for the "butteroil and the
 skimmed-milk powder are set out in Annex I , which forms an integral part of
this Agreement .
                                  ARTICLE II
Deliveries shall be made in accordance with the provisions of Annex II , which
forms an integral part of this Agreement .
                                  ARTICLE III
The recipient body undertakes to make all necessary arrangements for the
transportation and the insurance of 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 to it without charge .
Any problems arising in this connection shall be the subject of consultations
under Article VI of this Agreement .
                                 ARTICLE IV
The recipient body undertakes to use the products received as aid for purposes
of consumption and to distribute them free of charge t.o the victims of the recent
events in Cyprus .
 ---pagebreak---                                     - 6 -                         YIII/1 295/74-E
                                  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 information :
–   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 beneficiaries , 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--- #
                                        - 7 -                          VIII/1 295/74-E
                                      EUTTEROIL
     I-  Quality
   (A)   Characteristics of the product :
   Concentrate of milk fats frith a pure fat content of not less than 99
   ( B) Standard composition
   (Analysis carried out during manufacture and paokaging)
  – Moisture oontent and non-fat components of the milk : not exceeding 0.2$
  – Pats : not less than 99*8$
  – Free fatty acids : not exceeding 0=yfo ( expressed in oleic acid )
  – Peroxide index per kg:        not more than one unit ( in milli–equivalents of
       active oxygen per kg)
  –    Taste :     fresh
  –    Smeli :    no smells foreign to butteroil .
                 r
  II .   Packaging :
  ( a) 5 kg metal tins – 4 tins per box
  ( b ) Marking on the outside in English as follows :
  HJTTEROIL
               r
  GIFT FROM THE EUROPEAN ECONOMIC COMMUNITY
  TO THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES
  FOR FREE DISTRIBUTION TO THE PEOPLE OF CYPRUS
 ---pagebreak---                                      - 8 -                          VIII/1 295/74-E
                                                                 ANKBX I ( continued )
                                SKIMMED-MILK POWDER
   I.   ©ualit.y
  (a)   fat content :                            not exceeding 1.5%
  (b ) water contents                            not exceeding 4»0$
 (c)   total acidity ( lactic acid ):            not exceeding 0.15$ ( 18° Domic )
 (<*)  test for neutralizing agents :            negative
 (e)   permitted additives :                     none
 ( f)  phosphatase test :                        negative
 ( g)  solubility :                              not exceeding 0.5 ml ( no less than 99$)
 (*)   degree of purity :                        not less than disc B ( 15«0 mg)
 (i)   germ content :                            not exceeding 50 000/g
 (k)   colon bacillus count :                    negative in 0.1 g
 (1)   taste and smell :                         fresh
 (m)   appearance :                              white or slightly yellowish colour ,
                                                 no impurities or coloured patches .
II .   Packaging:
 ( a) Containing a net weight of 25 kilogrammes#
 (b ) Composition:                                             <
       /    \                                             ..
       (aa)    4 Kraft paper bags of a strength representing  at. least 70 g/m/ 2
                                                                                  ;
               1 intercalated bag of tax–lined paper of a strength representing
               at least 140 g/m 2 ;
               1 polyethylene inner bag at least 0.06 mm thick, welded or double–bound ;
or     ( bb) 1 bag of clubpak–poly-duplo–paper of a strength representing at least
               50/20/50 g/m2 ;
               2 Kraft paper bags of a strength representing at least 70/75 g/m 2 ;
               1 polyethylene inner bag at least 0.10 mm thick, welded or double-bound ;
or     ( cc ) 1 Kraft paper be,g of a strength representing at least 70 g/im
              1 Kraft paper "bag with a polyethylene lining of a strength representing
              at least 80 g + 15 g/m »
              3 Kraft paper bags of a strength representing at least 70 g/mm 2 »
              1 polyethylene inner bag at least 0.06 mm thick, welded or double-bound ;
( c ) Marking on the packaging ( in English):
SKIMMED-MILK POWDER
GIFT PROM THE EUROPEAN ECONOMIC COMMUNITY
TO THE OFFICE OF THE UNITED MTIOHS HIGH COMMISSIONER FOR REFUGEES
FOR FREE DISTRIBUTION TO THE PEOPLE OF CYPRUS
 ---pagebreak---                                                                    AÏTMEX II
                                    - 9 -
                               General Provisions
                                   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 7 a.no. 8 , the costs incurred up to and including
delivery shall be borne by the EEC and by the recipient body after this
 delivery .
                                   Article 2
To implement the provisions of this Annex , the EEC 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 EEC as soon as :         '
possible and if possible before the appointment of the EEC 1 s authorized . agent ..
                                  Article 3     .    <
                                                                 I >' , •
Prior to the implementation of the procedures to appoint 't)ie EEC , 3- g.uthonzed
agent referred to in Article 2 , the Commission of the European Comanmities
and the recipient body shall jointly fix the period during which the delivery
is to begin .
               Obligations of the European Economic Community
                                  Article 4
Where the EEC 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 EEC .
The demurrage rates and detailed arrangements relating thereto laid down in the
contracts concluded between the recipient body and the carrier must have been
theVEE<rly
   ®
                     UP°n between    the recipient body and the authorized agent of
                              rfferred t0 in *he fir&t paragraph shall only be
refunded   by the EkC if they have been paid by the recipient bodv with th*
of tbo KEY!.
 ---pagebreak---                                       - ιυ -                        νΐΐι/ ΐϋ^ο/74-^
  •                                  Article 5
 Should it prove impossible for the ESC to supply all or part of the goods on the
 date and within the time limit provided for in Article 6 , tvithout prejudice to
 the provisions of Article 4 » the authorized agents of the EEC 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#
                       Obligations of the recipient body
                                    Article 6
 After contacting the EEC , 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 EEC 0f 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 EEC 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 EEC ,
In that event , a new date for commencement of deliveries and , where appropriate ,
a new rate may be agreed upon between the EEC 's authorized agent and that of the
              .
recipient body.        Whatever the circumstances , the costs attributable to this
delay shall , except in cases of force majeure , be borne by the recipient body.
Where the new date provided for in the second paragraph is more than 30 clear
days later than the date of loading provided for in the first paragraph of
Article 6 , the Community may dispose of the goods without prejudice to the
commitment provided for in Artiole 1 of the Agreement .
 ---pagebreak---                                   - 11                          VIIl/1 295/74-E
                                 Article 8
Where the quantity scheduled for loading on a vessel cannot be taken on
"board in its entirety, the recipient "body shall inform the EEC as soon
as possible and in ar?y event not later than 15 clear days after loading
is completed , whether it intends to take or forgo the balance .
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 nor>-acoeptance of the balance •
In any event , if the recipient body has not informed the EEC of its
intentions after the period of 15 clear days has expired , it shall be
considered to have foregone the balance#
                                Article 9
        1
On delivery of the goods , the recipient body shall give the authorized agent
of the EEC 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 . ■