CELEX: 
Language: en
Date: 1973-12-13 00:00:00
Title: Council Decision of 9 November 1973 concluding the Agreement between the European Economic Community and the Republic of Chad on the supply of skimmed-milk powder as food aid #Agreement between the European Economic Community and the Republic of Chad on the supply of skimmed-milk powder as food aid

13 . 12. 73                        Official Journal of the European Communities                     No L 343 /59
                                                COUNCIL DECISION
                                                 of 9 November 1973
            concluding the Agreement between the European Economic Community and the Republic
                        of Chad on the supply of skimmed-milk powder as food aid
                                                     (73/390/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 by Council Regulation (EEC) No 1264/73 (1 ) of 14 May 1973 on the supply
            of skimmed-milk powder as food aid to the countries of the Sahel, it was decided to
            make 2 400 metric tons of skimmed-milk powder available to the Republic of Chad ;
            Whereas the procedure for fixing the place of destination, referred to in Article II of
            the Agreement should be specified,
            HAS DECIDED AS FOLLOWS :
                                                        Article 1
            The Agreement between the European Economic Community and the Republic of Chad
            on the supply of skimmed-milk powder as food aid, the text of which is annexed hereto,
            is hereby concluded on behalf of the Community.
                                                       Article 2
            The acceptance referred to in Article II of the Agreement shall be given for the Com­
            munity by the Commission.
                                                        Article 3
            The President of the Council is hereby authorized to designate the persons empowered
            to sign the Agreement, and to confer on them the powers necessary to bind the Com­
            munity.
            Done at Brussels, 9 November 1973 .
                                                                                 For the Council
                                                                                  The President
                                                                                Per HAEKKERUP
            (x) OJ No L 129 , 16. 5. 1973 p. 27
 ---documentbreak---  No L 343 /60                        Official Journal of the European Communities                             13 . 12 . 73
                                                     AGREEMENT
              between the European Economic Community and the Republic of Chad on the spuply
                                        of skimmed-milk powder as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
              of the one part ,
              THE GOVERNMENT OF THE REPUBLIC OF CHAD ,
              of the other part,
              HAVE DECIDED to conclude this Agreement, and to this end have designated as their Pleni­
              potentiaries ;
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE GOVERNMENT OF THE REPUBLIC OF CHAD :
              WHO HAVE AGREED AS FOLLOWS :
                          Article I                                                    Article IV
The European Economic Community, hereinafter re-                The country of destination undertakes to make all
ferred to as the ' Community', shall supply as a gift           the necessary arrangements for the transport and in­
to the Republic of Chad, hereinafter referred to as             surance of the delivered products from the ports of
the 'country of destination', 2 400 metric tons of              discharge to their places of destination .
skimmed-milk powder of the quality and with the
packaging specified in Annex I, which forms an inte­
gral part of this Agreement.
                                                                                       Article V
                                                                The recipient country undertakes to use the products
                         Article 11
                                                                received as aid for consumption and to distribute
                                                                them free of charge to the needy populations .
Deliveries shall be made in the place of destination
proposed by the country of destination and accepted
by the Community.
                                                                                       Article VI
                                                                The Contracting Parties undertake to implement this
                         Article 111
                                                                Agreement in such a way as to avoid any prejudice to
                                                                the normal structure of domestic production and
The obligations and responsibilities of the Commu­              international trade . To this end, they shall take any
nity and of the country of destination, in particular           measures required to ensure that aid supplies are in
as regards delivery and the taking of delivery are              addition to, and do not replace, commercial trans­
defined in Annex II, which forms an integral part of            actions which might reasonably be expected in the
this Agreement.                                                 absence of such supplies .
 ---pagebreak--- 13 . 12 . 73                             Official Journal of the European Communities                               No L 343 /61
                           Article VII                                2 . every three months until the quantities received
                                                                          as aid have been fully used : quantities distributed,
The country of destination shall take all appropriate                     number and nature of the beneficiaries, places,
measures to prevent :
                                                                          rate and method of distribution .
— the re-export of the products received as aid and
     of products derived from them ;                                                           Article IX
— the export, commercially or otherwise, within six                   The country of destination shall take all appropriate
     months from the date of the last delivery, either                measures to enable those persons duly authorized by
     of the skimmed-milk powder produced locally                      the Community to make on-the-spot observations of
     which should be of the same kind as that received
                                                                      the operations connected with the implementation of
     as aid or of processed products derived from it.                 the Agreement.
                           Article VIII                                                        Article X
The country of destination undertakes to inform the                   At the request of either of them, the Contracting
Community of the circumstances surrounding the                        Parties shall consult each other on any questions
implementation of this Agreement. For this purpose,                   concerning the implementation of this Agreement.
it shall communicate to the Commission of the Euro­
pean Communities the following information :
                                                                                               Article XI
1 . not more than 30 days after the unloading of each
     consignment : port and date of ship's arrival ;                  This Agreement is drawn up in two copies in the
     kind, quantity and quality of products unloaded ;                Danish, Dutch, English, French, German and Italian
     date on which discharge was completed ;                          languages, each of these texts being authentic.
                                                            ANNEX I
                                Quality and conditions of packaging of the 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 neutralising 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 gr
                   (k) strength of colon bacillus :               negative in 0-1 gr
                   (D flavour and smell :                         fresh
                   ( m ) appearance :                             white or slightly yellowish, absence of impurities
                                                                  and coloured particles
               II. Packaging
                   ( a) containing 25 kilogrammes net weight ;
                   ( b) composition :
                         ( aa) 4 Kraft paper bags of a strength representing at least 70 g per m ,
 ---pagebreak--- No L 343 /62                          Official Journal of the European Communities                                 13 . 12 . 73
                            1 intercalated bag of tar-lined paper of a srrength representing at least 140 g per m2
                            1 polyethylene inner bag at least 0-06 mm thick, welded or double-bound ;
                     (bb) or 1 bag of clubpack-poly-duplo-paper of a strength representing at least 50/20/50 g
                            per m2 ;
                            2 Kraft paper bags of a strength representing at least 70/75 g per m2 ;
                            1 polyethylene inner bag at least 0-10 mm thick, welded or double-bound ;
                 (c) marking on the packaging (in French) :
                     LAIT ECREME EN POUDRE/DON DE LA COMMUNAUTfi ECONOMIQUE
                     EUROPEENNE A LA REPUBLIQUE DU TCHAD
                                                            ANNEX II
                                    Provisions laid down in Article III of the Agreement
                                                             Article 1
             Delivery shall be effected and all risk shall pass from the Community to the country of destination
             at the moment at which the goods actually arrive at the place of destination .
             The country of destination shall pay all costs for taking delivery of the goods, any transhipment
             costs and all costs subsequent to delivery.
             Any costs resulting from delays in taking delivery which are attributable to the country of destina­
             tion shall be borne by the latter.
                                                             Article 2
             The Community shall notify the country of destination as soon as possible of the means of trans­
             port to be used to carry the goods to the place of destination, the means of shipment to be used
             during the intermediary phases , the date of loading and the quantity and quality of the goods
             as recorded on shipment from the Community.
                                                             Article 3
             The Community shall inform the country of destination of the expected date of arrival of the
             goods at the place of destination in good time before that date. It shall confirm that date at least
             two days in advance.
                                                             Article 4
             To implement this Annex, the Community shall appoint an authorized agent, whose name and
              address it shall make known in good time to the country of destination .
             The country of destination shall appoint a receiving agent at each place of delivery, whose name
             and address it shall make known to the Community before the Agreement is implemented.
 ---documentbreak--- NA ---documentbreak--- 13 . 12 . 73                      Official Journal of the European Communities                  No L 343 /63
             Information concerning the signing of the Agreement between the European Economic
                       Community and the Republic of Chad on the supply of food aid
             The Agreement between the European Economic Community and the Republic of Chad
             on the supply of skimmed-milk powder as food aid, which the Council decided to
             conclude on 9 November 1973 , was signed in Brussels on 12 November 1973
             on behalf of the Council of the Economic Communites, by Mr Niels Ersbøll, Ambassa­
             dor Extraordinary and Plenipotentiary, Chairman of the Permanent Representatives
             Committee and by Mr Hans-Broder Krohn, Director-General of Development and Co­
             operation of the Commission of the European Communities ;
             on behalf of the Government of the Republic of Chad, by Mr Aladji Oueddo, Ambas­
             sador, Representative of that country, to the European Economic Community.