CELEX: 
Language: en
Date: 1975-03-24 00:00:00
Title: Council Decision of 30 January 1975 on the conclusion of the Agreement between the European Economic Community and the International Committee of the Red Cross on the supply of cereals, butteroil 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, butteroil and skimmed-milk powder as food aid

No L 75 /6                             Official Journal of the European Communities                             24. 3 . 75
                                                   COUNCIL DECISION
                                                    of 30 January 1975
               on the conclusion of the Agreement between the European Economic Community and
              the International Committee of the Red Cross on the supply of cereals, butteroil and
                                            skimmed-milk powder as food aid
                                                        (75 / 176/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas for the same emergency programmes to be
                                                                   decided upon in pursuance of the Agreement
Having regard to the Treaty establishing the                       envisaged, the Community should decide as soon as
European Economic Community, and in particular                     possible on the most appropriate arrangements for
Articles 113 , 114 and 228 thereof;                                delivery,
Having regard to the recommendation from the
Commission ;                                                       HAS DECIDED AS FOLLOWS :
Whereas the European Economic Community has                                                Article 1
concluded the 1971 Food Aid Convention;
                                                                   On behalf of the Community, the Agreement
Whereas the International Committee of the Red                     between the European Economic Community and
Cross has made known its requirements in cereal                    the International Committee of the Red Cross on the
products for humanitarian programmes and whereas                   supply of cereals, butteroil and skimmed-milk
a quantity of foodstuffs equivalent to 15 000 metric               powder as food aid is hereby concluded.
tons of cereals should be placed at its disposal for
this purpose ;                                                     The text of the Agreement is annexed to this
                                                                   Decision .
Whereas in Council Regulation (EEC) No 530/74 (*)
                                                                                            Article 2  ■
of 4 March 1974 laying down general rules for the
supply of milk fats as food aid to certain developing
countries and certain international organizations, it              The approval provided for in the third paragraph of
was decided to make available to the International                 Article IV and in the second paragraph of Article X
Committee of the Red Cross 1 000 metric tons of                    of the Agreement referred to in Article 1 is given by
                                                                   the Commission .
butteroil ;
                                                                                            Article 3
Whereas in Council Regulation (EEC) No 1826/
74 (2) of 11 July 1974 laying down the general rules               Under the third paragraph of Article IV of the
for the supply of skimmed-milk powder as food aid                  Agreement referred to in Article 1 , the approval
to certain developing countries and international                  provided for in the second paragraph of the same
organizations, 3 000 metric tons of this product were              Article is given by the Commission.
made available to the International Committee of the
Red Cross ;
                                                                                            Article 4
Whereas concerning emergency programmes to be
decided upon in implementation of the Agreement                    The President of the Council is hereby authorized to
envisaged, the Community's approval should be                      nominate the persons entitled to sign the Agreement
given to the International Committee of the Red                    and confer on them the powers necessary to bind the
Cross as soon as possible; whereas it may prove                    Community.
necessary to reply very rapidly to any requests for
adaptation which might be made by the above                        Done at Brussels, 30 January 1975.
Committee during the implementation of the said
Agreement ;                                                                                     For the Council
                                                                                                 The President
(J ) OJ No L 65, 7. 3 . 1974, p . 1 .
(2) OJ No L 190, 13 . 7. 1974, p . 20.                                                          G. FITZGERALD
 ---documentbreak--- 24. 3 . 75                           Official Journal of the European Communities                          No L 75 /7
                                                     AGREEMENT
              between the European Economic Community and the International Committee of the
              Red Cross on the supply of cereals, butteroil and skimmed-milk powder as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE INTERNATIONAL COMMITTEE OF THE RED CROSS,
              of the other part,
              HAVE DECIDED to conclude this Agreement, and to this end have designated as their
              Plenipotentiaries:
              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 or
15 000 metric tons of cereals (including husked rice),         other charitable organizations — to particularly
attributable   to    the    1973 /74   cereals   food-aid
                                                               needy groups of people; each operation shall have
programme, 1 000 metric tons of butteroil and 3 000            been previously approved by the Community.
metric tons of skimmed-milk powder.
                                                               The deliveries shall be made in accordance with the
                         Article II
                                                               procedure approved by the Community.
The quantity of 15 000 metric tons of cereals
(including husked rice) shall be supplied in the               Where emergency programmes involving no more
natural state or in the form of products of the first          than 1 000 metric tons of cereal products and/or 100
processing stage.                                              metric tons of butteroil and/or 100 metric tons of
                                                               skimmed-milk powder are concerned, the approval
                         Article III                           of the Community will be given as soon as possible
                                                               after the request has been received.
The deliveries shall be made in bags in the case of
cereals and skimmed-milk powder, and in tins in the
case of butteroil. The packaging arrangements and,                                     Article V
in respect of butteroil and skimmed-milk powder,
the characteristics of the product, are set out in             The obligations and responsibilities of the
Annex I which forms an integral part of this                   Community and the recipient body with reference to
Agreement.                                                     delivery and taking on charge cif or 'delivered to the
 ---pagebreak--- No L 75 /8                             Official Journal of the European Communities                              24 . 3 . 75
place of destination' are set out in Annex II, which                                         Article VIII
forms an integral 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 necessary                  Agreement either in whole or in part.
arrangements for the transportation and the
insurance of the products from the place of delivery,                                         Article IX
except where 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
                                                                     the implementation of this Agreement.
                           Article VII
                                                                                              Article X
The recipient body shall undertake to inform the
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      following        Parties shall together decide on any amendments to
information :                                                        be made to this Agreement.
                                                                     In such an event, and where the quantities involved
— within 30 days at most of the arrival of each                      do not exceed 1 000 metric tons of cereal products
    shipment at the place of delivery: the nature,                   and/or 100 metric tons of butteroil, and/or 100
    quantity and quality of the products delivered ;                 metric tons of skimmed-milk powder, the approval
    the date on which the delivery was fully                         of the Community will be given as soon as possible
    completed;                                                       after the request has been received.
— one month after completion of the delivery, then
    every three months until the quantities received                                          Article XI
    as aid have been fully used : the quantities
    distributed; number and description of the                       This Agreement is drawn up in two copies in
    beneficiaries ; places, timetable and method of                  Danish, Dutch, English, French, German and Italian,
    distribution .                                                   all of these texts being equally authentic.
                                                            ANNEX I
                            PROVISIONS LAID DOWN IN ARTICLE III OF THE AGREEMENT
                I. CEREALS
                   Conditions of packaging:
                   (a) New jute or cotton bags with a net weight not exceeding 50 kg.
                    (b) Marking on the outside with a red cross 15 by 15 cm and specifications in French,
                        English or Spanish according to the countries of destination as follows :
                        (WHEAT, WHEAT FLOUR . . .)              GIFT     OF    THE EUROPEAN          ECONOMIC
                        COMMUNITY/ACTION              OF THE INTERNATIONAL              COMMITTEE       OF THE
                        RED CROSS .
               II. BUTTEROIL
                   A. Quality requirements :
                        ( a) Product characteristics:
                             Concentrated milk fat containing no less than 99-8 % of pure fats.
 ---pagebreak--- 24. 3 . 75                               Official Journal of the European Communities                         No L 75 /9
                    ( b) Standard composition :
                           (Analysis made at time of manufacture and packaging)
                          — moisture and non-fat ingredients of milk: not more than 0.2 °/o ;
                           — fats: not less than 99.8 % ;
                           — free fatty acids: not more than 0.5 °/o (expressed as oleic acid);
                           — peroxide level/kg: not more than one unit (in milli equivalents of active oxygen
                               per kg);
                           — taste : pure ;
                           — smell : absence of smell extraneous to butteroil.
                 B. Conditions of packaging:
                    (a) Metal cans of 5 kg — four cans per carton.
                    (b) Marking on the outside with a red cross 10 by 10 cm and specifications in
                           French, English or Spanish according to the countries of destination as follows :
                           BUTTEROIL/GIFT OF THE EUROPEAN ECONOMIC COMMUNITY/ACTION
                           OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS .
           III . SKIMMED-MILK POWDER
                 A. Quality requirements :
                      ( a) fat content:                            1.5 °/o maximum ;
                      (b ) water content :                         4.0 % maximum ;
                      (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 °/o minimum );
                      (h)    degree of purity :                    disk B minimum ( 15.0 mg);
                        (i) germ content :                         50 000 per g maximum ;
                      (k) colon bacillus count:                    negative in 0.1 g ;
                        (1) taste and smell :                      pure ;
                     (m) appearance :                              white or slightly yellowish colour, no
                                                                   impurities or coloured patches.
                 B. Conditions of packaging:
                    (a) New bags having a net weight of 25 kg.
                    (b) Composition :
                            (aa) — four bags made of Kraft paper, of a strength corresponding to a weight of
                                     at least 70 g/m2;
                                 — one interposed bag made of tarred paper of a strength corresponding to a
                                     weight of at least 140 g/m2;
                                 — one polyethylene internal pocket at least 0.06 mm thick, welded or double-
                                     bound;
                                 or
                            (bb) — one bag of clubpack-poly-duplo paper of a strength corresponding
                                     to a weight of at least 50/20/50 g/m2 ;
                                 — two bags made of Kraft paper of a strength corresponding to a weight of
                                     at least 70/75 g/m2;
 ---pagebreak--- No L 75 / 10                             Official Journal of the European Communities                                   24. 3 . 75
                                 — one polyethylene internal pocket at least 0*10 mm thick, welded or
                                     double-bound ;
                                 or
                            (cc) — one Kraft paper bag of a strength representing at least 70 g/m2;
                                 — three Kraft paper bags of a strength representing at least 70 g/m2 ;
                                 — one Kraft paper bag lined with polyethylene of a strength representing at
                                     least 80 g + 15 g/m2;
                                 — one polyethylene inner bag at least 0-06 mm thick, welded or double-bound.
                        (c) Marking on the outside with a red cross 15 by 15 cm and specifications in
                            French, English or Spanish according to the countries of destination as follows :
                            SKIMMED-MILK           POWDER/GIFT        OF    THE      EUROPEAN         ECONOMIC
                            COMMUNITY/ACTION OF THE INTERNATIONAL COMMITTEE OF THE
                            RED CROSS .
                                                            ANNEX II
                           PROVISIONS LAID DOWN IN ARTICLE V OF THE AGREEMENT
                            Article 1                                                          Article 4
Delivery shall be complete and risk shall pass from the             The Community shall, as soon as possible after the goods
Community to the recipient body:                                    have left the port of loading, notify the recipient body of
                                                                    the name of the vessel, the date of loading, the quantity
— in the case of delivery cif, once the goods are fully             and quality of the goods as recorded at time of loading,
    unloaded on quayside or on to lighter if this method            the port of unloading, the daily rate of unloading at the
    is used ;                                                       port and, where delivery is made 'delivered to the place
— in the case of delivery 'delivered to the place of                of destination', the place of delivery and the method or
    destination', once the goods actually reach the place           methods of transportation used for bringing the goods to
    of destination.                                                 the places of destination.
                            Article 2                                                           Article S
The recipient body shall bear all costs subsequent to               In the case of cif delivery, the Community shall inform
delivery including the costs of reception of the goods              the recipient body of the estimated date of arrival of the
and, where delivery is made 'delivered to the place of              vessel at the port of unloading at least 10 clear days
destination' the costs of unloading.                                before that date. It shall insert in the charter-party a
                                                                    clause requiring the captain to inform the recipient body
                            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            Where delivery is made 'delivered to the place of
port of unloading resulting from delays attributable to             destination', the Community shall without delay inform
the recipient body shall be borne by that body. The rates           the recipient body of the date on which the goods will
and the detailed arrangements applying thereto in the               arrive at the port of unloading and shall in any case
contract between the authorized Community agent                     notify the recipient 10 clear days in advance of the
referred to in Article 7 and the carrier must have been             estimated date of arrival at the place of destination.
agreed upon in advance by that agent and the receiving
agent of the recipient body referred to in Article 7.
                                                                                                Article 6
Where delivery is made 'delivered to the place of
destination', any costs resulting from delays in taking             On delivery of the cereals a tolerance of 5 %> less than
delivery of the goods which are attributable to the                  the quantities of products specified as loaded for each
recipient body shall be borne by that body.                          shipment is permitted.
 ---pagebreak--- 24. 3 . 75                         Official Journal of the European Communities                               No L 75 / 11
                         Article 7                            made known to the Community before the Agreement is
                                                              implemented.
To implement the provisions of this Annex, the                                          Article 8
Community shall appoint an authorized agent whose
name and address shall be made known in good time to          On delivery of the goods, the recipient body or its
the recipient body.                                           receiving agent referred to in Article 7 shall hand to the
                                                              Community's authorized agent, referred to in the above
The recipient body shall appoint a receiving agent in         Article, a certificate confirming delivery of the quantities
each place of delivery, whose name and address shall be       involved.
               Information on the signing of the Agreement between the European Economic
               Community and the International Committee of the Red Cross on the supply of
                                                       food aid
               The Agreement between the European Economic Community and the International
               Committee of the Red Cross on the supply of cereals, butteroil and skimmed-milk
               powder as food aid, which the Council decided to conclude on 30 January 1975 , was
               signed in Brussels on 3 February 1975 , on behalf of the Council of the European
               Communities by :
               Mr Andrew O'Rourke, Minister Plenipotentiary, Deputy Permanent Representative, and
               Mr J. Durieux, Director in the Directorate-General for Development Aid at the
               Commission of the European Communities ,
               and on behalf of the International Committee of the Red Cross by :
               Mr Jean-Pierre Hocke, Director of the Operitions Department, and
               Mr Edme Regenass, Director of the Finance and Administration Department.
 ---documentbreak--- NA ---documentbreak--- 24. 3 . 75                         Official Journal of the European Communities                               No L 75 / 11
                         Article 7                            made known to the Community before the Agreement is
                                                              implemented.
To implement the provisions of this Annex, the                                          Article 8
Community shall appoint an authorized agent whose
name and address shall be made known in good time to          On delivery of the goods, the recipient body or its
the recipient body.                                           receiving agent referred to in Article 7 shall hand to the
                                                              Community's authorized agent, referred to in the above
The recipient body shall appoint a receiving agent in         Article, a certificate confirming delivery of the quantities
each place of delivery, whose name and address shall be       involved.
               Information on the signing of the Agreement between the European Economic
               Community and the International Committee of the Red Cross on the supply of
                                                       food aid
               The Agreement between the European Economic Community and the International
               Committee of the Red Cross on the supply of cereals, butteroil and skimmed-milk
               powder as food aid, which the Council decided to conclude on 30 January 1975 , was
               signed in Brussels on 3 February 1975 , on behalf of the Council of the European
               Communities by :
               Mr Andrew O'Rourke, Minister Plenipotentiary, Deputy Permanent Representative, and
               Mr J. Durieux, Director in the Directorate-General for Development Aid at the
               Commission of the European Communities ,
               and on behalf of the International Committee of the Red Cross by :
               Mr Jean-Pierre Hocke, Director of the Operitions Department, and
               Mr Edme Regenass, Director of the Finance and Administration Department.