CELEX: 
Language: en
Date: 1975-01-14 00:00:00
Title: Council Decision of 2 December 1974 on the conclusion of 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, flour of common wheat and rice as emergency food aid for the populations affected by the recent events in Cyprus #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, flour of common wheat and rice as emergency food aid for the populations affected by the recent events in Cyprus

No L 9/ 26                         Official Journal of the European Communities                      14 . 1 . 75
                                                  COUNCIL DECISION
                                                     of 2 December 1974
           on the conclusion of the Agreement between the European Economic Commu­
           nity and the Office of the United Nations High Commissioner for Refugees on
           the supply of butteroil , skimmed-milk powder, flour of common wheat and rice
           as emergency food aid for the populations affected by the recent events in
                                                            Cyprus
                                                          (75/32/ 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 recommendation from the Commission ;
           Whereas the Council, by Regulations (EEC) No 2332/74 (') and (EEC) No 2333/74 (2), has
           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 requirements in cereal products of the populations affected by the recent
           events in Cyprus ; whereas 3 000 metric tons of cereals, in the form of 1 699 metric tons
           of flour of common wheat and 300 metric tons of long grain milled rice, should
           consequently be allocated to this body as emergency food aid,
           HAS DECIDED AS FOLLOWS :
                                                            Article 1
           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, flour of common wheat and rice as emergency food aid for the populations
           affected by the recent events in Cyprus, is hereby concluded on behalf of the European
            Economic Community.
           The text of the Agreement is annexed to this Decision .
                                                            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 , 2 December 1974 .
                                                                           For the Council
                                                                            The President
                                                                        J. SAUVAGNARGUES
            (') OJ No L 250, 13 . 9. 1974, p. 1 .
            (2 ) OJ No L 250 , 13 . 9 . 1974, p . 2.
 ---documentbreak--- 14 . 1 . 75                        Official Journal of the European Communities                            No L 9/27
                                                   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, flour of common wheat and rice as emergency food aid for the
                               populations affected by the recent events in Cyprus
              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 Plenipoten­
              tiaries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES ; ,
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                                                    Article III
                                                             The recipient body undertakes to make all necessary
The European Economic Community, hereinafter                 arrangements for the transport and the insurance of
referred to as the 'Community' shall supply by way of        the products from the point of delivery to the places
                                                             of destination .
gift to the Office of the United Nations High
Commissioner for Refugees, hereinafter referred to as        It undertakes to exercise the greatest possible care to
the 'recipient body', 200 metric tons of butteroil, 200      ensure that the tendering arrangements for the trans­
metric tons of skimmed-milk powder and 3 000                 port by sea are not prejudicial to the free play of fair
metric tons of cereals under the 1973 /74 food-aid           competition .
programme (cereals), to be supplied in the form of            It reserves the right to transport the products supplied
1 699 metric tons of flour of common wheat and 300
                                                             as aid free of charge if means of transport are made
metric tons of long grain milled rice, to be delivered       available to it without charge .
in cotton sacks having a net weight of 50 kg each .
                                                             Any problems arising in this connection shall be the
                                                             subject of consultations under Article VI .
The quality requirements and packaging conditions
                                                                                      Article IV
for the butteroil and the skimmed-milk powder are
set out in Annex I , which forms an integral part of         The recipient body undertakes to use the products
this Agreement.                                              received as aid for purposes of consumption and to
                                                             distribute them free of charge to the populations
                                                             affected by the recent events in Cyprus .
                                                                                      A rticle V
                        Article II
                                                             The recipient body undertakes to inform the Euro­
                                                             pean Economic Community on the mode of imple­
Deliveries shall be made in accordance with the provi­       mentation of this Agreement. To this end , it shall
sions of Annex II , which forms an integral part of this     provide the Commission of the European Communi­
Agreement.                                                   ties with the following information :
 ---pagebreak--- No L 9/28                          Official Journal of the European Communities                           14 . 1 . 75
1 . immediately after discharge of each cargo : port                               Article VI
    and date of arrival of the vessel ; nature and quan­
    tity of the products discharged and any comments         At the request of either of them, the Contracting
    on the quality ; date on which discharge was              Parties shall consult each other on any questions
    completed ;                                              concerning implementation of this Agreement.
2. one month after completion of the delivery, and
    thereafter every three months until the quantities                             Article VII
    received as aid have been fully used : quantities
    distributed ; number and description of the benefi­      This Agreement is drawn up in two copies in Danish ,
    ciaries ; places, timetable and method of distribu­       Dutch, English , French , German and Italian , each of
    tion .                                                    these texts being authentic .
 ---pagebreak--- 14. 1 . 75                              Official Journal of the European Communities                                   No L 9 / 29
                                                             ANNEX I
                                      QUALITY AND CONDITIONS OF PACKAGING
                                                           A. BUTTEROIL
            I. Quality
                (a) Characteristics of the product :
                      Concentrated milk fat containing not less than 99.8 % of pure fat.
                (b) Standard ingredients :
                      (Analysis made at time of manufacture and packing) :
                      — moisture and non-fat ingredients of milk : not more than 0.2 % ;
                      — fat : not less than 99.8 % ;
                      — free fatty acids : not more than 0.5 % (expressed as oleic acid) ;
                      — peroxide level/kg : not more than one unit (in milliequivalents of active oxygen per kg) ;
                      — taste : pure ;
                      — smell : absence of smell extraneous to butteroil .
           II . Packaging
                (a) Metal cans of 5 kg — four cans per carton.
                (b) Details on the packaging (in English) :
                       BUTTEROIL — 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 .
                                                    B. SKIMMED-MILK POWDER
             I. Quality requirements
                 (a)  fat content :                                    not exceeding 1 .5 %
                 (b)   water content :                                 not exceeding 4.0 %
                 (c)  total acidity (lactic acid) :                    not exceeding 0.15 % ( 18° Dornic)
                 (d)   test for neutralizing agents :                  negative
                 (e)  permitted additives :                            none
                 (f)   test for phosphatasis :                         negative
                 (g)   solubility :                                    not exceeding 0.5 ml (not less than 99 %)
                 (h)   degree of purity :                              not less than disc B ( 15.0 mg)
                 (i)   germ content :                                  not exceeding 50 000 per g
                 (k)   strength of colon bacillus :                    negative in 0-1 g
                 (1)   flavour and smell :                             fresh
                 ( m ) appearance :                                    white or slightly yellowish, absence of impuri­
                                                                       ties and coloured particles.
           II . Packing
                 (a) Containing 25 kg net weight.
                 (b) Composition :
                       (aa) 4 'Kraft' paper bags of a strength representing at least 70 g/m 2 ;
                             1 intercalated bag of tar-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
 ---pagebreak--- No L 9 /30                      Official Journal of the European Communities                                  14. 1 . 75
               (bb) 1 bag of clubpack-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/m2 ;
                     1 polyethylene inner bag at least 0.10 mm thick, welded or double-bound ;
               or
               (cc) 1 'Kraft' paper bag of a strength representing at least 70 g/m2 ;
                     1 'Kraft' paper bag with a polyethylene layer of a strength representing at least 80 g +
                     15 g/m 2 ;
                    3 'Kraft' paper bags of a strength representing at least 70 g/m2 ;
                     1 polyethylene inner bag at least 0.06 mm thick, welded or double-bound.
           (c) Marking on the packing (in English) :
               SKIMMED-MILK POWDER — GIFT FROM THE EUROPEAN ECONOMIC COMMU­
                NITY TO THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR
                REFUGEES FOR FREE DISTRIBUTION TO THE PEOPLE OF CYPRUS .
 ---pagebreak--- 14. 1 . 75                             Official Journal of the European Communities                                    No L 9/31
                                                              ANNEX II
                                      DELIVERY AND TAKING-OVER PROCEDURES
                         CHAPTER I                                 provided for in Article 6, the agents of the Community and
                                                                   of the recipient body may, without prejudice to Article 4,
                                                                   agree on a new date and a new time limit for the delivery of
                      General provisions
                                                                   all the goods or of the undelivered part thereof.
                          Article 1
Delivery shall be effected and all risk shall pass from the
                                                                                            CHAPTER III
Community to the recipient body at the moment at which
the goods are put down at the point of exportation named by
the Commission of the European Communities at the berth
specified by the recipient body or its agent referred to in                     Obligations of the recipient body
Article 2 and under the terms specified in this Annex.
Without prejudice to Articles 7 and 8 the Community shall                                      Article 6
bear all costs prior to delivery and the recipient body all
costs after delivery.
                                                                   After contacting the Community, the recipient body shall
                                                                   procure, to transport the goods provided for in Article I of
                          A rticle 2                               the Agreement, one or more vessels of dimensions corres­
                                                                   ponding to the normal capacity of the port of shipment ;
For the purpose of implementing the provisions of this             these vessels must be ready for loading on a date falling
Annex the Community shall appoint — if necessary for each          within the period referred to in Article 3 .
consignment — an agent whose name and address it shall
make known to the recipient body immediately following his         The agent of the recipient body shall inform the Community
appointment. For each port of shipment the recipient body          of this date and of the date for commencement of delivery as
shall appoint an agent whose name and address it shall make        soon as he knows them , if possible 20 clear days in advance
known to the Community with all dispatch and if possible           and in any case 10 clear days before the date of commence­
before the appointment of the agent of the Community.              ment of delivery.
                          Article 3                                He shall establish with the agent of the Community the
                                                                   schedule according to which delivery shall take place .
Before implementing the procedure for appointing the agent
of the Community referred to in Article 2, the Commission
of the European Communities and the recipient body shall                                       Article 7
establish by joint agreement the period during which
delivery must begin .                                              Where the recipient body is unable to begin loading on the
                                                                   date provided for in the first paragraph of Article 6, the agent
                                                                   of the recipient body shall inform the agent of the Commu­
                        CHAPTER II                                 nity without delay.
                                                                   In this event the agents of the Community and of the recip­
              Obligations of the Community                         ient body may agree on a new date for the commencement
                                                                   of delivery and, if applicable, a new schedule . Save in cases of
                          Article 4                                force majeure, the costs arising from the delay in loading
                                                                   shall be borne by the recipient body.
Where the Community is not in a position to carry out
delivery on the date, and, if applicable, according to the         Should the new date provided for in the second paragraph be
schedule laid down in Article 6, all costs arising for the recip­  more than 30 clear days after the date for loading provided
ient body — for example, demurrage, void freight and dead          for in the first paragraph of Article 6, the Community may
freight — shall be borne by the Community.                         dispose of the goods without prejudice to its commitment
                                                                   under Article I of this Agreement.
The charges and the arrangements relating to demurrage laid
down in the contract concluded between the recipient body
and the carrier must have previously been agreed by the                                        Article 8
recipient body and the agent of the Community.
                                                                   Where the quantity intended for loading on a vessel cannot
The other costs referred to in the first paragraph shall be        be loaded on board in its entirety, the recipient body shall
refunded by the Community only if they have been paid by           inform the Community as soon as possible, and no later than
the recipient body with the approval of the Community.             15 clear days after loading has been completed, whether it
                                                                   intends to accept or to renounce the balance.
                          Article 5
                                                                   In the former case the second and third paragraphs of Article
Where it is impossible for the Community to supply all or          7 shall apply to the balance, if delivery has not yet taken
part of the goods on the date and within the time limits           place .
 ---pagebreak--- No L 9 / 32                          Official Journal of the European Communities                                   14. 1 . 75
In the latter case the Community may consider that it has                                Article 9
discharged its commitment to the recipient body under          Upon delivery of the goods, the recipient body shall hand
Article I of this Agreement and shall bear the costs resulting over to the authorized agent of the Community a certificate
from renunciation .
                                                               of acceptance which shall set out the port of shipment, date
                                                               of acceptance and the nature and quantity of the goods
In any event, after an interval of 15 clear days and in the    accepted, together with any comments on the quality of the
absence of any notice on the part of the recipient body,       goods. A copy of the certificate shall be sent to the Commis­
renunciation shall be deemed to have taken place.              sion of the European Communities.
                Information on the signing of the Agreement between the European Economic
                Community and the Office of the United Nations High Commissioner for Refu­
                                      gees (UNHCR) on the supply of food aid
                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, flour of common wheat and rice 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 Repre­
                sentatives Committee, and
                Mr Durieux, Director for Development and Cooperation at the Commission of the Euro­
                pean Communities,
                and on behalf of the Office of the United Nations High Commissioner for Refugees by :
                Mr Gilbert Jaeger, Director of the aid programmes of the Office of the United Nations
                High Commissioner for Refugees in Geneva .
 ---documentbreak--- NA ---documentbreak--- No L 9 / 32                          Official Journal of the European Communities                                   14. 1 . 75
In the latter case the Community may consider that it has                                Article 9
discharged its commitment to the recipient body under          Upon delivery of the goods, the recipient body shall hand
Article I of this Agreement and shall bear the costs resulting over to the authorized agent of the Community a certificate
from renunciation .
                                                               of acceptance which shall set out the port of shipment, date
                                                               of acceptance and the nature and quantity of the goods
In any event, after an interval of 15 clear days and in the    accepted, together with any comments on the quality of the
absence of any notice on the part of the recipient body,       goods. A copy of the certificate shall be sent to the Commis­
renunciation shall be deemed to have taken place.              sion of the European Communities.
                Information on the signing of the Agreement between the European Economic
                Community and the Office of the United Nations High Commissioner for Refu­
                                      gees (UNHCR) on the supply of food aid
                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, flour of common wheat and rice 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 Repre­
                sentatives Committee, and
                Mr Durieux, Director for Development and Cooperation at the Commission of the Euro­
                pean Communities,
                and on behalf of the Office of the United Nations High Commissioner for Refugees by :
                Mr Gilbert Jaeger, Director of the aid programmes of the Office of the United Nations
                High Commissioner for Refugees in Geneva .