CELEX: 51973PC1893
Language: en
Date: 1973-11-08 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION concluding an agreement between the European Economic Community and the Islamic Republic of Pakistan for Pakistan for the supply of soft wheat and skimmed milk powder as emergency food aid. (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1893
Vol. 1973/0335
 ---pagebreak--- Disclaimer
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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
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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,
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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.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(73)1893 Final
                                                    Brussels , 8 November 1973
                        RECOMMENDATION FOR A
                          COUNCIL DECISION
       concluding an agreement between the European Economic
        Community and the Islamic Republic of Pakistan for
          Pakistan for the supply of soft wheat and skimmed
                milk powder as emergency food aid*
            (submitted to the Council by the Commission)
COM(73) 1893 Final
 ---pagebreak---  EIE COUNCIL OF THE EUROPEAN COIftlUMTIES ,
 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 j
Whoreas the European Economic Community has deposited a Declaration for
           •-    «  #       •           ^
 provisional application of the 1971 Pood Aid Convention ; whereas that
Convention has "been applicable since 1 July 1971 J
 Whereas by note-verbale of 17 August 1973 » Pakistan has requested emergency
 food aid because of the inundation which happened in that country in August 1973
Whereas in view of the cereal supply to the suffering population that country
 should be accorded as emergency aid , by way of gift , . 20 000 metric tons of soft
v/heat , 10 000 metric tons of which under the Community Food Aid Programme
 ( cereals ) for 1971/72 and 10 000 metric tons under the programme for 1972/73 »
and 3 000 metric tons of skimmed milk powder , to be supplied by intermediate of '
the ICRC j
 DECIDES :                                                                         •
                                          Article 1
On behalf of the European Economics Community an Agreement , the text whereof
is annexed hereto , shall be concluded between the European Economio Community
and the Islamic Republic of Pakistan for the supply of soft "wheat and skimmed
milk powder as emergency food aid*
                                                    •                            '
                                          Article 2
The "President of the Council is hereby authorized to designate those who
are to sign the Agreement and to oonfer on them the requisite powers to bind
the Community ,
         .                I   • •               ■
Done at Brussels , ' •            19 *»»*                     Tor the Council
                                                               The President
 ---pagebreak---                   AGREERENT
BETWEEN THE EUROPEAN ECONOMIC COKKUNUTY
AND THE ISLAMIC REPUBLIC OP PAKISTAN
CONCERNING THE SUPPLY AS EMERGENCY FOOD AID
OF SOFT WHEAT AND SKIMMED MILK POWDER
 ---pagebreak--- THE COUNCIL OP HIE EUROPEAN" COMMUNITIES ,
                                                         on the on© hand ,
TEE GOVERNMENT OP THE ISLAMIC REPUBLIC OP PAKISTAN
                                                         on "the other hand ,
HAVE DECIDED to conclude this Agreement • and to this end have designated
as their plenipotentiaries :                 ..     ..
THE COUNCIL OP THE EUROPEAN- COMMUNITIES t
THE GOVERNMENT OP THE ISLAMIC REPUBLIK OF PAKISTAN :   .
WHO HAVE AGREED AS FOLLOWS : '
 ---pagebreak---                                   Article   I
  The European Economic Community shall supply as gift to the Islamic Republic
  of Pakistan , hereinafter referred to as the "recipient country ", as emergency
l food aid i
        – 20 000 metric tons of soft wheat in bulk
                          I
        – 3 000 metric tons of skimmed milk powder , to be supplied by intermediate
          - of the' JCKC
The requirements as to quality and packing of the skimmed milk powder are laid
  down in Annex I that forms an integral part of the Agreement .
                                   Article IX
          • *    •    »     •
 Deliveries of the wheat will be made cif to ports of unloading of the
recipient country.
                                  Article XIX
 The obligations and responsibilities of the European Economic Community and
 of the recipient country relating to delivery and the taking of delivery are
 defined in the Annex II which forms an. integral part of this Agreement .
                                  Article 17
The recipient country undertakes to make all neoessary arrangements for the
                               I
transport and insurance of the products from .the moment they have been taken
                              '                          . .        •           .
over'.'             .
                                  Article Y
The recipient country undertakes to use the product received as aid for
purposes of consumption ani to distribute it free of charge to the people
 damaged by the inundation .
 ---pagebreak---                                        .Articlo VI
The Contracting Parties undertake to implement this Agreement in such a way
 as to avoid any prejudice to the normal structuro of domestic production and
 international trade . To this end they shall take any measures required to
ensure that aid supplies are in addition to , and do not replace "business
transactions which might reasonably he expected in the absence of such supplies .
                     ■  •  . •         Article VII
                 *                                                   •
The recipient country shall take any measures required to prevent :
                                      *■      .                        t
 ( i ) The re-export of the products received as aid and of products and "by­
         products resulting from such supplies j
 (ii ) The export , commercially or otherwise , within six months of the last
         delivery , either of the products obtained locally and of the same natxire
         as the products received as aid ot of any products or "by-products
         resulting from it .
                                       Article VIII
The recipient country undertakes to inform the European Economic Community
how this Agreement is "being implemented . To this end , it shall provide the
Commission of the European Communities with the following informatioh :
    ( i ) Not more than thirty days after the taking over of each cargo : places
          and dates of taking over , nature , quantity and quality of the overtaken
          products."                                               '      ,
(ii ) Every three months until the quantities reoeived as aid have been fully
         used s the number and nature of the recipients , the quantities
         distributed , and the plaoe and method of distribution *
 ---pagebreak---                                   Article 3X
At the request of either of them , the Contracting Parties shall consult each
other on any questions concerning the 'implementation of this Agreement .
ι                                             · »
                                          *     *
                                  Article X
This Agreement ic drawn up in- duplicate in the Danish , Dutch , English , French ,
German and Italian languages , each of . these texts "being equally authentic .
 ---pagebreak---                                                                                        /iïïT? r'X I
                                    SKXT.TT.TRT) T-'ILK POWITTC
 J. Qi )-- 1 vcv romnronqnt.R
      (a ) fat content                                          not exceeding 1»5 $
      (b ) moisture content                                     not exceeding 4>0 fo
      (c ) total acidity (lactic acid)                          not exceeding 0,15 ft (lS Domic )
      (d )   test for neutralizing agents                       negative
      (e)    permitted additives                                none
      (f )   test for phosphatasis                              negative
      (g )   solubility                                         not exceeding 0,5 nil (not less than
                                                                                        99 %)
      (h )  degree of purity                                    not less than dir.c B ( l5»0 mg )
      (i )  bacteria content                                    not exceeding 50 000 per g
      (k )   strength of colon bacillus                         negative in 0,1 g
      (l )  flavour and smell                                   fresh                               ■ '
      (m )  appearance                                          white or slightly yellowish ,
                                                                absence of impurities and coloured
                                                                particles
XI . Packa^'inp-
     (a) containing 25 kilogrammes net weight
     (b) composition of packing:
             ,    ^                 .          .                -                 .                   2
             ( aa ) 4 Kraft paper bags of a strength representing at least 70 g per m j
                    1 interposed tar-lined paper bag of a strength representing at
                      least 140 g per m2j
                    1 polyethylene inner bag at least 0,66 rain thick , welded or double-
                      bound
     or (bb ) 1 "clupak-poly-duplo" paper bag of a strength representing at
                      least 50/20/50 per m2j
                                                                                                          t
                    2 Kraft paper bags of a strength representing at least 70/75 S P®r n
                    1 polyethylene inner bag at least 0,10 mm thick, welded or double-
                      bound
     (c ) marking on the packaging -:                     ... ■                                         V
            SldlS® MILK POVJDER         '
            GIFT OF TIE EUROPEAN ECONOMIC COU-ItTNTfY
                                      1
            TO THE ISLAI.IIC . REPUBLIC OF PAKISTAN
 ---pagebreak---                       ATTITTHX TO ARTICLE III OP Til? AOT^-IK /P
                                         ArtioH <?. 1
 1 Delivery shall "be completed and the risks shall pass from the European
    Economic Community to the recipient country as coon as the goods are actually
    taken in charge in the ship 's hold at the port of unloading.
    The recipient Country shall "bear         all costs subsequent to delivery of the
    goods , including the costs of unloading ("breaking, bulk , hoisting, taking
. delivery , for example ) as well as any lighterage costs .
   Any demurrage costs or dispatch money at the port of unloading shall , as the
    case may "be , Tse borne "by or paid to the recipient country . The rates and
   conditions of payment applying to any contract "between the Community agent
   referred to in Article 5            "the carrier must have been previously agreed
   "between that agent and the recipient country 's agent referred to in Article
                                                                               •     •
                                       Article 2
   The European Economic Community shall forward to the recipient country ,
   as soon as possible after the goods have been shipped , a notice giving the
   name of the ship, the date of loading , the quantity and quality of the goods
   on loading and the port of unloading.
                                       Article 3
   The European Economio Community shall inform the recipient country of the
   ship's presumed date of arrival at the port of unloading at least ten clear
  days before that date .
  The European Eoonomio Community shall cause to be inserted in the charter-
  party an undertaking by the captain to give to the recipient country at
  least - 72 hours' notice of the probable date of the ship 's arrival in the port .
                                                                                    • • */<* + m
 ---pagebreak---                                   Article A
On delivery of the cereals ». a tolerance of 5 £ l©ss than the {juantity to be
supplied in accordance with Article I of the Agreement is permitted .
                                  Article 5
She European Economio Community shall appoint an agent to implement the
provisions of this Anne*, and shall in good time " forward the latter*s
name and address t> the recipient country .
The recipient country shall appoint an agent in each port of unloading ,
and shall forward the latter 1 s name and address to the European Economic
Community prior to implementation of the Agreement .