CELEX: 21974A1118(01)
Language: en
Date: 1974-08-09 00:00:00
Title: Agreement between the European Economic Community and the world food programme on the supply of butteroil as food aid to developing countries

18 . 11 . 74                        Official Journal of the European Communities                           No L 307/ 11
                                                     AGREEMENT
              between the European Economic Community and the World Food Programme on the
                              supply of butteroil as food aid to developing countries
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE WORLD FOOD PROGRAMME, a programme jointly undertaken by the United Nations
              Organization and the Food and Agricultural Organization of the United Nations,
              of the other part,
              WHEREAS the object of the World Food Programme is to make use of contributions received
              under the Programme to meet certain emergency food requirements and to carry out projects
              involving the use of foodstuffs for economic and social development;
              WHEREAS there are stocks of butter available in the European Economic Community ;
              whereas, to contribute towards achieving the objectives of the World Food Programme, the
              Community has decided to place at the latter's disposal a certain quantity of butteroil
              produced from such stocks;
              HAVE DECIDED to conclude this Agreement and, for this purpose, have appointed as their
              plenipotentiaries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
              THE WORLD FOOD PROGRAMME :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                             shall notify the latter of the port or ports of
                                                               shipment and the dates of availability at the said
The European Economic Community, hereinafter                   port or ports . This information shall be provided at
referred to , as the 'Community', shall supply as a            least 30 days prior the availability date of the goods.
free gift to the World Food Programme, hereinafter
referred to as the 'WFP', 15 000 metric tons of
butteroil .                                                    2.    Only sea ports accessible to ocean-going vessels
                                                               and utilized for international freight may be named
                                                               as ports of shipment.
                         Article II
The WFP shall undertake to use the butteroil
                                                                                       Article IV
supplied as aid to implement emergency measures for
economic and social development or food projects
which shall be subject to prior approval by the                1.    The Community shall place the butteroil at the
Community.                                                     disposal of the WFP free of charge.
                        Article III                            2.    The butteroil supplied must at least meet the
                                                               requirements as to the quality and packaging
1 . For each delivery, the Community, taking into              stipulated in Annex I, which is an integral part of
account the information received from the WFP,                 the Agreement.
 ---pagebreak--- No L 307/ 12                              Official Journal of the European Communities                              18 . 11.74
                             Article V                                     unloaded and the dates on which unloading was
                                                                           completed ;
 1.     Deliveries shall be made in accordance with the
procedure laid down in Annex II, which is an                          (b ) with regard to the use made of the products :
integral part of the Agreement.                                            periodic information on the progress made with
                                                                           emergency measures or projects for which
2. The WFP shall take delivery of the goods and                            Community assistance was provided, the use
shall be responsible for their transport, insurance                        made of the products and the quantities
and distribution in the country of destination.                            distributed together with details on the methods
                                                                           of distributing the products, the number of
3.      The Community shall make a contribution to                         beneficiaries and, in particular, the measures
the WFP towards the costs referred to in paragraph 2                       taken to prevent the products being drawn into
of 79 units of account for each metric ton of                              commercial channels .
butteroil accepted. It shall undertake to pay this
amount within 60 days of each acceptance of
delivery by the WFP.                                                                         Article VII
                             Article VI                               The contracting parties shall, at the request of either,
                                                                      consult each other on any question concerning the
The WFP undertakes to inform the Community of                         implementation.of this Agreement.
the conditions under which this Agreement is
implemented. To this end, it shall make available to
the Commission of the European Communities :                                                 Article VIII
( a ) with regard to transport : within a reasonable                  This Agreement is drawn up in duplicate in the
      period after unloading, reports indicating the                  Danish, Dutch, English, French, German, Italian and
      dates of arrival of the vessels at the ports of                 Spanish languages, each of these texts being equally
      destination, quantities and qualities of goods                  authentic.
                                                             ANNEX I
                                                     QUALITY AND PACKING
                 I. Quality requirements
                     (a) Characteristics of the product:
                          Concentrated milk fats containing not less than 99-8 % of pure fats.
                     (b) Standard composition:
                          (Analysis at time of manufacture and packing)
                          — Moisture and non-fat milk substances : maximum 0-2 %
                          — Fats : minimum 99-8 %
                          — Free fatty acids : maximum 0-5 % (expressed as oleic acid)
                          — Peroxide level/kg: maximum 1 unit (in milliequivalents of active oxygen/kg)
                          — Taste : pure
                          — Smell : absence of smell extraneous to butteroil .
                II . Packing
                     (a) Type of packing:
                          — 5 kg metal cans — 4 cans per carton
                          — 20 kg metal cans — 1 can per carton.
                     (b ) Marks:
                                                               (port of unloading)
                          Butteroil — Gift of the European Economic Community — supplied by the World
                          Food Programme.
 ---pagebreak--- 18 . 11.74                       Official Journal of the European Communities                              No L 307/ 13
                                                      ANNEX II
                                              DELIVERY PROCEDURE
           — On the basis of information received from the WFP, concerning transport, the Community
              shall, for each delivery, notify the WFP of the supplier(s) and shall indicate a period of
              15 days within which the WFP may fix the date of delivery ;
           — If possible within 20 days, or in any case 10 clear days before the date laid down for each
              delivery, the WFP shall notify the supplier(s) of the estimated date for commencement of
              delivery ;
           — The WFP shall notify the supplier(s), not less than five days in advance, of the exact date
              for commencement of delivery. It shall establish the delivery schedule with the authorized
              Community representative ;
           — The goods shall be delivered by the Community to the place of shipment on the date
              indicated pursuant to the above conditions ;
           — Delivery shall be effected from the moment when the goods are set down at the point of
              export named by the Community and at the berth specified by the WFP or the latter's
              authorized representative;
           — Should the Community fail to deliver the goods at the place and on the date specified, where
              the WFP has rendered delivery possible, any consequences resulting from this shall be
              borne by the Community. The WFP shall inform the Community of the delay within eight
              days, in writing;
           — Should the WFP fail to take delivery of the goods at the place and on the date specified ,
              where the Community has rendered delivery possible, the consequences resulting therefrom
              shall, except in the case of force majeure, be borne by the WFP. The Community shall
              inform the WFP of the delay within eight days, in writing;
           — The Community and the WFP shall appoint one or more authorized representatives to
              implement the Agreement. The WFP shall appoint a representative in each port of
              shipment to deal with any matters requiring attention ;
           — On delivery of the goods, the WFP agent shall hand to the authorized Community
              representative a certificate of acceptance stating the port of shipment, date of acceptance,
              nature and quantity of the goods accepted, together with any comments on the quality of
              the goods.
           Information on the signing of the Agreement between the European Economic
                Community and the World Food Programme (WFP) on the supply of food aid
           The Agreement between the European Economic Community and the WFP on the
           supply of butteroil as food aid to developing countries, which the Council decided to
           conclude on 9 August 1974, was signed in Brussels on 24 September 1974, on behalf of
           the Council of the European Communities by :
           Mr Louis Rabot, Director-General for Agriculture, Commission of the European
           Communities,
           and on behalf of the WFP by :
           Mr Francisco Aquino, Executive Director of the WFP.