CELEX: 
Language: en
Date: 1974-10-31 00:00:00
Title: Council Decision of 3 October 1974 on the conclusion of the Agreement between the European Economic Community and the Republic of Upper Volta on the supply of skimmed-milk powder and butteroil as food aid #Agreement between the European Economic Community and the Republic of Upper Volta on the supply of skimmed-milk powder and butteroil as food aid

31 . 10. 74                       Official Journal of the European Communities                   No L 293 /21
                                                 COUNCIL DECISION
                                                    of 3 October 1974
            on the conclusion of the Agreement between the European Economic Community
            and the Republic of Upper Volta on the supply of skimmed-milk powder and butteroil
                                                        as food aid
                                                       (74/524/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 Regulations (EEC) No 3582/73 (*) and (EEC) No 3583/73 (2), it was
            decided to make 2 600 metric tons of skimmed-milk powder and 1 800 metric tons of
            butteroil available to the Republic of Upper Volta,
            HAS DECIDED AS FOLLOWS :
                                                         Article 1
            The Agreement between the European Economic Community and the Republic of
            Upper Volta on the supply of skimmed-milk powder and butteroil as food aid, the
            text of which is annexed to this Decision, is hereby concluded on behalf of the
            Community.
                                                          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 powers necessary to bind the
            Community.
            Done at Luxembourg, 3 October 1974.
                                                                        For the Council
                                                                         The President
                                                                           P. ABELIN
             ( 4 ) OJ No L 359, 28 . 12. 1973, p. 50.
             (2) OJ No L 359, 28 . 12. 1973 , p. 51 .
 ---documentbreak--- No L 293 /22                         Official Journal of the European Communities                           31 . 10. 74
                                                      AGREEMENT
             between the European Economic Community and the Republic of Upper Volta on the
                              supply of skimmed-milk powder and butteroil as food aid
             THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
             THE GOVERNMENT OF THE REPUBLIC OF UPPER VOLTA,
              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 GOVERNMENT OF THE REPUBLIC OF UPPER VOLTA :
              WHO HAVE AGREED AS FOLLOWS :
                          Article I                            insurance of the delivered products from the place of
                                                               destination .
The European Economic Community, hereinafter
referred to as the ' Community', shall supply as a
gift to the Republic of Upper Volta, hereinafter                                      Article V
referred to as the 'country of destination', 2 600
metric tons of skimmed-milk powder and 1 800                   The recipient country undertakes to use the products
metric tons of butteroil of the quality and with the           received as aid for consumption and to distribute
packaging specified in Annex I, which forms an                 them free of charge to the needy populations.
integral part of this Agreement.
                           Article II                                                 Article VI
Deliveries shall be made to the place of destination,          The Contracting Parties undertake to implement this
to be fixed by the country of destination and the               Agreement in such a way as to avoid any prejudice to
Community by mutual consent.                                   the normal structure of domestic production and
                                                               international trade. To this end, they shall take any
                                                               measures required to ensure that aid supplies are in
                         Article III                           addition to, and do not replace, commercial
                                                               transactions which might reasonably be expected in
The obligations and responsibilities of the                    the absence of such supplies.
Community and of the country of destination, in
particular as regards delivery and the taking of
delivery are defined in Annex II, which forms an                                      Article VII
integral part of this Agreement.
                                                                The country of destination shall take all appropriate
                         Article TV                             measures to prevent :
The country of destination undertakes to make all              — the re-export of the products received as aid and
the necessary arrangements for the transport and                   of products derived from them ;
 ---pagebreak--- 31 . 10. 74                            Official Journal of the European Communities                             No L 293 /23
— the export, commercially or otherwise, within six                                             Article IX
     months from the date of the last delivery, either
     of the products obtained locally which should be                 The country of destination shall take all appropriate
     of the same kind as that received as aid or of                   measures to enable those persons duly authorized by
     processed products derived from them.                            the Community to make on the spot observations of
                                                                      the operations connected with the implementation of
                                                                      the Agreement.
                                                                                                Article X
                           Article VIII
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
European Communities, every three months until the                                             Article XI
quantities received as aid have been fully used, the
quantities distributed, number and nature of the                      This Agreement is drawn up in duplicate in the
beneficiaries and the places, rate and method of                      Danish, Dutch, English, French, German and Italian
distribution.                                                         languages, each of these texts being authentic.
                                                            ANNEX 1
                                        QUALITY AND CONDITIONS OF PACKAGING
               A. Skimmed-milk powder
               I. Quality requirements
                  (a) fat content :                                    not exceeding 1-5 °/o;
                  (b ) water content :                                 not exceeding 4-0 °/o;
                  (c) total acidity (lactic acid):                     not exceeding 0-15 °/o ( 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/g;
                  (k) strength of colon bacillus :                     negative in 0-1 g ;
                  ( 1 ) flavour and smell :                            fresh ;
                  ( m) appearance :                                    white or slightly yellowish, absence of
                                                                       impurities and coloured particles.
                  II. Conditions of packaging
                        (a) containing 25 kg net weight;
                        (b) composition :
                            ( aa) four Kraft paper bags of a strength representing at least 70 g/m2 ;
                                  one intercalated bag of tar-lined paper of a strength representing at least
                                  140 g/m2 ;
                                  one polyethylene inner bag at least 0-06 mm thick, welded or double-bound;
                            or
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                          (bb) one bag of clubpack-poly-duplo-paper of a strength representing at least 50/20/50
                               g/m2 ;
                               two Kraft paper bags of a strength representing at least 70/75 g/m2;
                               one 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 Communaute economique europeenne a la
                          Ripublique de Haute-Volta — a distribuer gratuitement.'
              B. Butteroil
                   I. Quality requirements
                      (a) Characteristics of the product:
                          concentrated milk fat containing no less than 99-8 °/o of pure fat.
                      (b) Standard ingredients (analysis made at time of manufacture and packing):
                          — moisture and non-fat ingredients of milk : not more than 0-20 °/o;
                          — fat : 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 .
                  II. Conditions of packaging
                      (a) Metal cans of 20 kg — one can per carton.
                      (b) Marking on the packaging (in French):
                          'Butteroil — Don de la Communaute economique europeenne a la Republique de
                          Haute-Volta — k distribuer gratuitement.'
                                                          ANNEX 11
                            PROVISIONS LAID DOWN IN ARTICLE III OF THE AGREEMENT
                            Article 1                                                         Article 2
Delivery shall be effected and all risk shall pass from the         The Community shall notify the country of destination as
Community to the country of destination at the moment               soon as possible of the means of transport to be used to
at which the goods actually arrive at the place of                  carry the goods to the place of destination, the means of
destination.                                                        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.
The country of destination shall pay all costs for taking
delivery of the goods, any transhipment costs and all
costs subsequent to delivery.                                                                 Article 3
                                                                    The Community shall inform the country of destination
Any costs resulting from delays in taking delivery which            of the expected date of arrival of the goods at the place
are attributable to the country of destination shall be             of destination in good time before that date. It shall
borne by the latter.                                                confirm that date at least two days in advance.
 ---pagebreak--- 31 . 10 . 74                       Official Journal of the European Communities                             No L 293/25­
                         Article 4                                                       Article 5
To implement this Annex, the Community shall appoint          On delivery of the goods the country of destination shall
an authorized agent, whose name and address it shall         hand to the authorized agent of the Community a
make known in good time to the country of destination.       taking-over certificate, stating the place and date of taking
The country of destination shall appoint a receiving          over, the nature and the quantity as well as any
agent at each place of delivery, whose name and address       observations about the quality of the goods. It shall send
it shall make known to the Community before the               a copy thereof to the Commission of the European
Agreement is implemented.                                     Communities.
                   Information on the signing of the Agreement between the European Economic
                      Community and the Republic of Upper Volta on the supply of food aid
             The Agreement between the European Economic Community and Upper Volta on the
              supply of skimmed-milk powder and butteroil as food aid, which the Council decided
              to conclude on 3 October 1974, was signed in Brussels on 7 October 1974, on behalf
              of the Council of the European Communities by :
              Mr Etienne Burin des Roziers, Ambassador Extraordinary and Plenipotentiary, Chairman
              of the Permanent Representatives Committee, and
              Mr Hans-Broder Krohn, Director-General for Development and Cooperation of the
               Commission of the European Communities,
              and on behalf of the Government of Upper Volta by :
              Mr Piere Ilboudo, Ambassador, Representative of Upper Volta accredited to the
              European Economic Community.
 ---documentbreak--- NA ---documentbreak--- 31 . 10 . 74                       Official Journal of the European Communities                             No L 293/25­
                         Article 4                                                       Article 5
To implement this Annex, the Community shall appoint          On delivery of the goods the country of destination shall
an authorized agent, whose name and address it shall         hand to the authorized agent of the Community a
make known in good time to the country of destination.       taking-over certificate, stating the place and date of taking
The country of destination shall appoint a receiving          over, the nature and the quantity as well as any
agent at each place of delivery, whose name and address       observations about the quality of the goods. It shall send
it shall make known to the Community before the               a copy thereof to the Commission of the European
Agreement is implemented.                                     Communities.
                   Information on the signing of the Agreement between the European Economic
                      Community and the Republic of Upper Volta on the supply of food aid
             The Agreement between the European Economic Community and Upper Volta on the
              supply of skimmed-milk powder and butteroil as food aid, which the Council decided
              to conclude on 3 October 1974, was signed in Brussels on 7 October 1974, on behalf
              of the Council of the European Communities by :
              Mr Etienne Burin des Roziers, Ambassador Extraordinary and Plenipotentiary, Chairman
              of the Permanent Representatives Committee, and
              Mr Hans-Broder Krohn, Director-General for Development and Cooperation of the
               Commission of the European Communities,
              and on behalf of the Government of Upper Volta by :
              Mr Piere Ilboudo, Ambassador, Representative of Upper Volta accredited to the
              European Economic Community.