CELEX: 
Language: en
Date: 1975-06-07 00:00:00
Title: Council Decision of 17 February 1975 on the conclusion of the Agreement between the European Economic Community and the Arab Republic of Egypt on the supply of skimmed-milk powder as food aid #Agreement between the European Economic Community and the Arab Republic of Egypt on the supply of skimmed-milk powder as food aid

7 . 6 . 75                      Official Journal of the European Communities                     No L 146/25
                                                        II
                                    (Acts whose publication is not obligatory)
                                               COUNCIL
                                            COUNCIL DECISION
                                              of 17 February 1975
           on the conclusion of the Agreement between the European Economic Commu­
           nity and the Arab Republic of Egypt on the supply of skimmed-milk powder as
                                                    food aid
                                                  (75/325/ 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 Regulation (EEC) No 1827/74, the Council has decided to make 450 metric
           tons of skimmed-milk powder available to the Arab Republic of Egypt,
           HAS DECIDED AS FOLLOWS :
                                                    Article 1
           The Agreement between the European Economic Community and the Arab Republic of
           Egypt on the supply of skimmed-milk powder as food aid is hereby concluded on behalf
           of the Community.
           The text of the Agreement is annexed to this Decision .
                                                    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 Brussels, 17 February 1975.
                                                                       For the Council
                                                                        The President
                                                                           R. RYAN
 ---documentbreak--- No L 146/26                         Official Journal of the European Communities                              7 . 6. 75
                                                     AGREEMENT
              between the European Economic Community and the Arab Republic of Egypt
                               on the supply of skimmed-milk powder as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE GOVERNMENT OF THE ARAB REPUBLIC OF EGYPT,
              of the other part,
              HAVE DECIDED to conclude this Agreement, and to this end have designated as their Plenipotenti­
              aries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE GOVERNMENT OF THE ARAB REPUBLIC OF EGYPT :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                                                    Article IV
The European Economic Community, hereinafter                  The country of destination undertakes to use the
referred to as the 'Community', shall supply the Arab          product received as aid for consumption and to distri­
Republic of Egypt, hereinafter referred to as the             bute it free of charge to the needy populations.
'country of destination', by way of gift, with 450
metric tons of skimmed-milk powder, of which the
quality and packaging requirements are specified in                                   Article V
Annex I, which forms an integral part of this Agree­
ment .                                                         The Contracting Parties undertake to implement this
                                                               Agreement in such a way as to avoid any prejudice to
                                                               the normal structure of domestic production and inter­
                        Article II
                                                               national trade. To this end, they shall take any
Deliveries will be made in accordance with the
                                                               measures required to ensure that aid supplies are in
detailed rules set out in Annex II which forms an inte­
                                                               addition to, and do not replace, commercial transac­
                                                               tions which might reasonably be expected in the
gral part of this Agreement.                                   absence of such supplies.
                        Article III
                                                                                      Article VI
The country of destination undertakes to make all
necessary arrangements for the transport and insur­            The country of destination shall take all appropriate
ance of the product from point of delivery to places of        measures to prevent :
destination .
                                                               — the re-export of the product received as aid and of
It undertakes to exercise the greatest possible care to            products derived from it ;
ensure that the tendering arrangements for the trans­          — the export, commercially or otherwise, within six
port by sea shall not be prejudicial to the free play of           months from the date of the last delivery, both of
fair competition . Any problems arising in this connec­            the product obtained locally which is of the same
tion shall be the subject of consultations under Article           kind as that received as aid or of products derived
VIII .                                                             from it.
 ---pagebreak--- 7 . 6 . 75                           Official Journal of the European Communities                      No L 146/27
                       Article VII                                number and nature of the beneficiaries ; places,
                                                                  rate and method of distribution .
The country of destination undertakes to inform the
Community of the manner in which this Agreement
is performed . To this end, it shall communicate the                               Article VIII
following information to the Commission of the Euro­
pean Communities :
                                                               At the request of either of them, the Contracting
                                                               Parties shall consult each other on any questions
1 . immediately after the discharge of each cargo : port       concerning the implementation of this Agreement.
    and date of arrival of vessel ; nature and quantity of
    the product discharged and any observations as to                               Article IX
    the quality ; date on which discharge was
    completed ;                                                This Agreement is drawn up in duplicate in the
2. every three months until the quantities received as          Danish, Dutch, English, French, German and Italian
    aid have been fully used : quantities distributed ;        languages, each of these texts being authentic .
 ---pagebreak--- No L 146/28                          Official Journal of the European Communities                                  7. 6 . 75
                                                          ANNEX I
                                                  SKIMMED-MILK POWDER
                                     QUALITY AND PACKAGING REQUIREMENTS
            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 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 mg) ;
               (i) germ content :                                  not exceeding 50 000 per g ;
               (k) strength of colon bacillus :                    negative in 0-1 g ;
               (1) flavour and smell :                             fresh ;
               (m) appearance :                                    white or slightly yellowish, absence of impuri­
                                                                   ties and coloured particles.
           II. Packing
               (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 1 40 g/m2 ;
                          one polyethylene inner bag at least 0-06 mm thick, welded or double-bound ;
                    or
                    (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 010 mm thick, welded or double-bound ;
                    or
                    (cc) one Kraft paper bag of a strength representing at least 70 g/m2 ;
                          one Kraft paper bag with a polyethylene layer of a strength representing at least 80 g +
                          15 g/m2 ;'
                          three Kraft paper bags of a strength representing at least 70 g/m 2 ;
                          one polyethylene inner bag at least 0-06 mm thick, welded or double-bound ;
               (c) marking on the packing (in English) :
                    SKIMMED-MILK POWDER, GIFT OF THE EUROPEAN ECONOMIC COMMUNITY TO
                    THE ARAB REPUBLIC OF EGYPT/ FOR FREE DISTRIBUTION .
 ---pagebreak--- 7. 6 . 75                              Official Journal of the European Communities                              No L 146/29
                                                            ANNEX II
                                       DELIVERY AND ACCEPTANCE PROCEDURES
                          CHAPTER I                              The other costs referred to in the first paragraph shall be
                                                                 refunded by the Community only if they have been paid by
                                                                 the country of destination with the approval of the Commu­
                     General provisions                          nity.
                            Article 1                                                        Article 5
Delivery shall be effected and all risk shall pass from the      Where it is impossible for the Community to supply all or
Community to the country of destination at the moment at          part of the goods on the date and within the time limits
which the goods are put down at the point of exportation          provided for in Article 6, the agents of the Community and
named by the Commission of the European Communities at            of the country of destination may, without prejudice to
the berth specified by the country of destination or its agent   Article 4, agree on a new date and a new time limit for the
referred to in Article 2 and under the terms specified in this    delivery of all the goods or of the undelivered part thereof.
Annex. Without prejudice to Articles 7 and 8 the Commu­
nity shall bear all costs prior to delivery and the country of
destination all costs after delivery.
                                                                                          CHAPTER III
                            Article 2
                                                                          Obligations of the country of destination
For the purpose of implementing the provisions of this
Annex the Community shall appoint — if necessary for each
consignment — an agent whose name and address it shall                                       Article 6
make known to the country of destination immediately
following his appointment. For each port of shipment the          After contacting the Community, the country of destination
country of destination shall appoint an agent whose name          shall procure, to transport all the quantities provided for in
and address it shall make known to the Community with all         Article I of the Agreement, one or more vessels of dimen­
dispatch and if possible before the appointment of the agent      sions corresponding to the normal capacity of the port ship­
of the Community.                                                 ment ; these vessels must be ready for loading on a date
                                                                  falling within the period referred to in Article 3 .
                            Article 3                             The agent of the country of destination shall inform the
                                                                  Community of this date and of the date for commencement
Before implementing the procedure for appointing the agent        of delivery as soon as he knows them, if possible 20 clear
of the Community referred to in Article 2, the Commission         days in advance and in any case 10 clear days before the date
of the European Communities and the country of destination        for commencement of delivery.
shall establish by joint agreement the period during which
delivery must begin .                                             He shall establish with the agent of the Community the sche­
                                                                  dule according to which delivery shall take place.
                         CHAPTER II                                                          Article 7
                                                                  Where the country of destination is unable to begin loading
                                                                  on the date provided for in the first paragraph of Article 6,
              Obligations of the Community                        the agent of the country of destination shall inform the agent
                                                                  of the Community without delay.
                            Article 4                             In this event the agents of the Community and of the
                                                                  country of destination may agree on a new date for the
Where the Community is not in a position to carry out             commencement of delivery and, if applicable, a new sche­
delivery on the date, and if applicable, according to the sche­   dule. Save in cases of force majeure, the costs arising from
dule laid down in Article 6, all costs arising for the country    the delay in loading shall be borne by the country of destina­
of destination — for example, demurrage, void freight and         tion .
dead freight — shall be borne by the Community.
                                                                  Should the new date provided for in the second paragraph be
The charges and the arrangements relating to demurrage laid       more than 30 clear days after the date for loading provided
down in the contract concluded between the country of desti­      for in the first paragraph of Article 6, the Community may
nation and the carrier must have previously been agreed by        dispose of the goods without prejudice to its commitment
the country of destination and the agent of the Community.        under Article I of this Agreement.
 ---pagebreak--- • No L 146/30                         Official Journal of the European Communities                                    7. 6 . 75
                           Article 8                            In any event, after an interval of 15 clear days and in the
                                                                absence of any notice on the part of the country of destina­
Where the quantity intended for loading on a vessel cannot      tion, renunciation shall be deemed to have taken place.
be loaded on board in its entirety, the country of destination
 shall inform the Community as soon as possible, and no
 later than 15 clear days after loading has been completed,
whether it intends to accept or to renounce the balance.                                  Article 9
 In the former case the second and third paragraphs of Article
 7 shall apply to the balance, if delivery has not yet taken    Upon delivery of the goods, the country of destination shall
 place.                                                         hand over to the authorized agent of the Community a certifi­
                                                                cate of acceptance which shall set out the port of shipment,
 In the latter case the Community may consider that it has      date of acceptance and the nature and quantity of the goods
 discharged its commitment to the country of destination        accepted, together with any comments on the quality of the
 under Article I of this Agreement and shall bear the costs     goods. A copy of the certificate shall be sent to the Commis­
 resulting from renunciation.                                   sion of the European Communities .
                Information on the signing of the Agreement between the European Economic
                    Community and the Arab Republic of Egypt on the supply of food aid
                The Agreement between the European Economic Community and Egypt on the supply
                of skimmed-milk powder as food aid, which the Council decided to conclude on 17
                February 1975, was signed in Brussels on 20 February 1975 on behalf of the Council of
                the European Communities by :
                Mr Brendan Dillon, Ambassador Extraordinary and Plenipotentiary, Chairman of the
                Permanent Representatives Committee, and
                Mr Hans-Broder Krohn, Director-General for Development and Cooperation at the
                Commission of the European Communities,
                and on behalf of the Government of the Arab Republic of Egypt by :
                Mr Mohamed Kamal Eldin Khalil , Ambassador Extraordinary and Plenipotentiary, Head
                of the Mission of that country to the European Communities.
 ---documentbreak--- NA ---documentbreak--- • No L 146/30                         Official Journal of the European Communities                                    7. 6 . 75
                           Article 8                            In any event, after an interval of 15 clear days and in the
                                                                absence of any notice on the part of the country of destina­
Where the quantity intended for loading on a vessel cannot      tion, renunciation shall be deemed to have taken place.
be loaded on board in its entirety, the country of destination
 shall inform the Community as soon as possible, and no
 later than 15 clear days after loading has been completed,
whether it intends to accept or to renounce the balance.                                  Article 9
 In the former case the second and third paragraphs of Article
 7 shall apply to the balance, if delivery has not yet taken    Upon delivery of the goods, the country of destination shall
 place.                                                         hand over to the authorized agent of the Community a certifi­
                                                                cate of acceptance which shall set out the port of shipment,
 In the latter case the Community may consider that it has      date of acceptance and the nature and quantity of the goods
 discharged its commitment to the country of destination        accepted, together with any comments on the quality of the
 under Article I of this Agreement and shall bear the costs     goods. A copy of the certificate shall be sent to the Commis­
 resulting from renunciation.                                   sion of the European Communities .
                Information on the signing of the Agreement between the European Economic
                    Community and the Arab Republic of Egypt on the supply of food aid
                The Agreement between the European Economic Community and Egypt on the supply
                of skimmed-milk powder as food aid, which the Council decided to conclude on 17
                February 1975, was signed in Brussels on 20 February 1975 on behalf of the Council of
                the European Communities by :
                Mr Brendan Dillon, Ambassador Extraordinary and Plenipotentiary, Chairman of the
                Permanent Representatives Committee, and
                Mr Hans-Broder Krohn, Director-General for Development and Cooperation at the
                Commission of the European Communities,
                and on behalf of the Government of the Arab Republic of Egypt by :
                Mr Mohamed Kamal Eldin Khalil , Ambassador Extraordinary and Plenipotentiary, Head
                of the Mission of that country to the European Communities.