CELEX: 51974PC2041
Language: en
Date: 1974-12-11 00:00:00
Title: Recommendation for a COUNCIL DECISION on the conclusion of an Agreement between the European Economic Community and the Republic of Indonesia for the supply of skimmed milk powder (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 2041
Vol. 1974/0340
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
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
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
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,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
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.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---   COMMISSION OF THE EUROPEÀM COMMUMITIES
                                                         COM(74)2041 final
                                                         Brussels , 11 December 1974
                                 Recommendation for a
                                  COUNCIL DECISION
              on the conclusion of an Agreement "between the European
               Economic Community and the Republic of Indonesia for
                         the supply of skimmed milk powder
                    ( submitted to the Council "by the Commission )
COM(74 ) 2041 final
 ---pagebreak---   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 Reconnendation fron the CoamissioBj
  Whereas the Council in Regulation ( EEC ) no . 1826/74 of 11 July 1974 on the supply
  of skimmed milk powder as food aid decided to make     250   tonnes      of skir n^d
  milk powder available to   the Republic of Indonesia
  HAS, DECIDED t                                                              - •
                                        Article    I
  An Agreement between the European Economic Community and the Republic of Indonesia
  for the supply of skimmed milk powder as food aid is hereby concluded on behalf of
  the European Economio Community . The text of the Agreement is annexed to this
  Deoision .
                                        Article    2
  The President of the Counoil is authorized to designate the persons empowered to
  sign the Agreement and to confer on them the powers required in order to bind the
  Community .
. Done at Brus sel s ,
                                                             For the Council
                                                              The Président
 ---pagebreak---               ABHEEKENT
BETWEEN THE EUROPEAÏÏ ECONOMIC COîMJNITY
       AND' THE REPUBLIC OP INDONESIE
ON THE SUPPLY OP FOOD AID EI THE FORM OP
gidTJirrnjin MJT.V DOWTWD .
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                            ôf the one part ,
                                                    *    *
THE GOVERNMENT OP THE REPUBLIC OP INDONESIA
                                         ~  of the other parti
                                      r'
    *
                                                      «•
HAVE DECIDED to concluded this Agreement and to this end have
designated as their plenipotentiaries :
THE COUNCIL OP THE EUROPEAN COifllUNITIES :
THE GOVERNMENT OP THE REPUBLIC OP INDONESIA
WHO HAVE AGREED AS POLLOWS S
 ---pagebreak---                                  ARTIG IE X
 The European Economic Community shall supply by way of gift to the Republic of
Indonesia (hereafter referred to as "the recipient country") a quantity
of 250 "tonnes of skimmed milk powder
 The quality and packaging conditions are specified in^ Annex I which forms an
 integral part of the present Agreement .            »* ■                        !
            *         *
                                 ARTICIE II
Deliveries shall be effected under the arrangements provided in Annex    II which
 forms an integral part of the present Agreement .
                                 ARTICLE III
The recipient country undertakes to make all necessary arrangements for the
transport and insurance of the products from point of delivery to places ofj
destination .                                                                  !
                                                                               I
 It undertakes to exercise the greatest care to ensure that the tendering arran­
gements for sea transport do not prejudice the free play of fair competition.
Any problems arising in this connection shall be the subject of consultations
under Article VIII of the present Agreement .              *                 j
                                                                             I
                                                                   *•»       )
                                                                             1     *
                                 ARTICLE IV .                                !
The reoipient country undertakes to use the product received as aid for pur­
poses of consumption and to apply , for the Bale of the product on its market ,
the prices normally charged on that market for produots of comparable quality.
The proceeds from this sale , legs the cost of sea transport and insurance and
the normal cost of selling the product on the market , shall be paid into a
speoial aooount at the Central Bank until the entire quantity has been sold .
The prooeeds shall then be transferred to the Development feudget of the country
for the financing of development schemes .
 ---pagebreak---                                           -3-
                                        AKTICJjB V
   The Contracting Parties undertake to implement this Agreement in such a way
   as to avoid any prejudice to the normal structure of national production
   and international trade . To this end they shall take any measures required
   to ensure that supplies as aid are in addition to and do not replace business
   transactions which might reasonably be expected in the absence of such supplies .
                                                                                   I
                                        ARTICLE VI                                 ,
   The recipient country shall take all steps required to prevent :
   ( i ) the' re-export of the product received as aid and also of any products
          resulting therefrom ;                            ?
   (ii ) the export , commercially or otherwise , vrithin a period of six months
           commencing from the final delivery , either of any product procured
           locally of the same nature as that received as aid , or of any products
           resulting therefrom .                                                    ■
                                        ARTICLE VII
   The recipient country undertakes to inform the EEC of how this Agreement
   is implemented. To this end it shall provide the Commission of the European
  Communities with the following details :
   (i) Immediately after the unloading of each cargo : ports and dates of
          arrival of' vessel ; nature , quantity and any observations as to the
         quality of the produots unloaded; date on which unloading was completed ;
          costs of sea transport and of insurance relating thereto ;
   (ii ) Every three months until the quantities received as aid have been fully
           used : quantities soldj manner of sale ; actual selling pricey ^normal selling
         costs on the recipient country 's market ; costs of insurance    and of trans­
         port if applicable from the port of unloading to the places of destina-
      • tion ;
( iii ) Pollowing the transfer of the sale prooeeds to the Development Budget :
         the progress and degree of completion of one or more development projeots
         undertaken with the help of Member States on the 1974/75 list of projects
         to be furnished by the rteoipient country , the cost of such project or pro­
         jects to correspond approximately to the proceeds of sale of the amounts
         received as aid .
 ---pagebreak---                        ■
                                                -4-
                                                ARTICIE VIII
  The Contracting Parties shall at the request of either consult each other
  on any questions concerning the implementation of this Agreement .
                                                                                                          «
                                                ARTICLE IX
This Agreement is drawn up in duplicate in the Danish , Dutch , English , French ,
German and Italian languages ,- each of these texts having equal force .
               *                                                                                        „
           *
                                                                                                              I
                                                                                                               I
                                                                                                               I
   .                                       •                                                        »
             •   ^
       •                                                          '                                         : 1
                         '                                       .                                          ' i
                                                                          f               *
'                            '                    •                 <                                         1
                     i                                                                 '                        1
                                                          . '                                                  I
                   •                                                                          •
                                                                            ■i   ,   .
                                                                                                              I
                                                                      ••
                                                i
                               \       ' •                                                    .   •   •
     J                     '         ■                                                      •
         »                       ■ ■
                                                      - J                                ^      .
                                                              *,
                                             ,t     <  !                           :                          ,
                     1
                     ■'                           ■    ::             ■ •      . ;r
 ---pagebreak---                                        sim» MTfwK po'WTn
       I# Qu.nl .ity recnnremonfcs
           (a ) fat content                                         not exceeding 1,5
       .   00 moisture content                                      not exceeding 4»0 $
           (o )  total acidity (lactic aoid)                        not exceeding 0,15 i» (18° Dornic )
           (d)   test for neutralizing agents                       négative
           (e )  permitted additives                                none
           (f )  test for phosph'atasis                             négative
            g)   solubility                                         not exceeding 0,5 ml (not less than
                                                                                              99 t)
          (h ) degree of purity                                     not les3 than disc B (l5t0 mg)
          (i ) baoteria content                                     fcot exceeding 50 000 per g
          00 strength of colon "bacillus                            negative in 0,1 g
          (1 ) flavour and smoll                                    fresh
          (m) appearance                                            white or slightly yellov/ieh ,
                                                                    absence of impurities and coloured
                                                                    particles
     II * Pack-?.ririft          ,
          (a) containing 25 kilogrammes net weight
          00 composition of packing :
                 (aa) 4 Kraft paper "bags of a strength representing at least 70 g per ia j
                        1 interposed tar-lined paper "bag of a strength representing at
                          least 140 g per m2j
                       1 polyethylene inner "bag at least                   rnm thick -, welded or double-
                          bound
         'or (bb ) 1 "clupak-poly-duplo" paper bag of a strength representing at
                          least 50/20/50 per m2j                                   "
                                                                                                             *
                       2 Kraft paper bags of a strength representing at least 70/75 6 P®1* n
              •'       1 polyethylene iiiner bag at least 0,10 mm (thick welded or double­
            /             bound)                                                                    .
> ,                         i: '       '   •      ■   . ;i ■     ' ■        y             v.   i
 V                          I I                 ■        ■                                     '■              '
   ?        •            ■ i. :    .  .      ■.         V- ■   -           ,, •                 i •            i
• '                  ,       ;           .          .   '    :    .  _      ν ,                   ι        ;   !
 ---pagebreak---                                                                              2
or ( oo ) 1 "Kraft " paper bag of a strength representing at least 70 g/ra |
            1 "Kraft " paper bag with a polyethylene layer of a strength
               representing atleast 60 g + 15 g/m ;
                                                                               2
            3 "Krnft " rtnnftr ba?n nf a strength representing at least 70 s/m •
            1 polyethylene inner bag at least 0,06 mm thick , welded or double
              bound .
( c ) marking on the packaging in english             t
      •SMBMED MILK P0VJDER
                                                                1
       GIFT OP THE EUROPEAN ECONOMIC COMMUNITY
      TO THE REPUBLIC    INDONESIA
                                                           y
                                                        r'
 ---pagebreak---                                                                   AlîlïKX II
                             General  provisions
                                   Article 1
   Delivery shall be effected and risks shall pass from the European Economic
   Community , hereinafter referred to as the ESC , to the recipient country at
   the moment at which the goods axe put down at the point of - exportation
   named "by the Commission of the European Communities at the     berth     specified
• by the recipient country or its agent referred to in Article 2 . and under the
   terms specified in the following articles . Without prejudice to Article 7 and
   0 the EEC shall bear all costs up to delivery and the recipient country those
   beyond such delivery .
                                  Article 2
  The EEC shall appoint an agent to implement the provisions of the present
   Annex- or for each consignment - whose name and address it shall make known
  to the recipient country immediately following his appointment .
  The recipient country shall appoint an agent in the port or ports of shipment ,
  whose name and address it shall make known to the EEC with all despatch and
  if possible before the appointment of agent of the EEC ..
                                  Article ?>
  Before implementing the procedures for appointing the agent of the EEC
  referred to in Article 2 , the Commission of the European Communities and
  the recipient country shall jointly establish the period during which deli­
  very must begin.                                                       '          1
                        Obligations of -the Euroroar*. Economic Community
                                  Article 4
  Should the EEC not be in a position to carry out delivery on the date and ( if
  applicable) on the schedule as provided in Article 6 , all costs
  arising for the recipient country- for example demurrage void freight and
  dead freight- shall be borne by the EES
                                                             m
                                                               •/.
 ---pagebreak---  The charges and the arrangements relating to demurrage laid down in the
 contract between the recipient country and the carrier muet have b®en agreed
 in advance "by the recipient country and the agent of the EEC .
The other costs referred to in the first paragraph shall only "be refunded
"by the EEC if they have been paid by the recipient country with the approval
 of the EEC .
                                                                    « •
                               Article 5
Should it prove impossible for the EEC to supply all or, part of the goods
on the date and within the time-limits provided for i*i Article 6 and without
prejudice . to the provisions of Artiole 4 » a new date and a new time-limit
shall be agreed between the agents of the EEC and of the recipient country
for the delivery of all the goods or of the undelivered part thereof .
                        Obligations of the recipient country
                               Article 6
After contacting the EEC , the recipient country shall procure one or more vessels
to transport all the quantities provided for in Article 1 of the Agreement , of
dimensions corresponding to the normal capacity of the port of shipment ; these
vessels must be ready for loading on a date falling within the period referred
to in Article 3 .
The agent of the recipient country shall inform the EEC of this date
immediately on learning it , and olr,o that for commencement of delivery ,
if possible twenty days in . advance and in any case ten days before 'the date
for commencement of delivery .
He shall establish with the agent of the EEC the schedule on which delivery shall
take place .
 ---pagebreak---                                     Art ici s 7
     Should the recipient oountry bo unable to begin loading on the data provided
     for in Article 6 , para-graph 1 , the agent of the recipient country shall in­
     form the agent of the EEC without delay .
     In this event a new date for the commencement of delivory and (if applicable) a nev
     schedule could     "h® agreed between the agents of the EEC arid of the recipient
     country . The costs arising from this delay shall in all cases except force
     majeure be borne by the recipient country .
     Should the new date provided for in paragraph 2 be more than 30 clear days
     after the date for loading provided for in Article 6 , paragraph 1 , the ESC .
' may. dispose of the goodB without prejudice to its commitment under Article 1
     of this Agreement .
                                   Article 8                               ..
    If the quantity made available for loading on a vessel cannot be put on
    board in its entirety , the recipient country shall inform the ESC as soon
     as possible and no later than fifteen clear days after loading has been
    completed whether it intends to accept or to renounce the balance .
 •' In the former case the provisions of Article 7 » paragraphs 2 and 3 , shall
    apply to the balance , if delivery has not yet taken place .
    In the latter case the EEC may consider that it has discharged its commitment
    to the reoipient country . under Article 1 of this Agreement and shall boar
    the costs resulting from such renunciation .
    In any event after the expiry of an interval of fifteen clear days and in
    the absence of any notice on the part of the recipient country , the renun-
    oiation shall be deemed to have taken place .
                                    Article 9
    Upon delivery of the goods , the recipient country shall hand to the agent of
    the EEC a certificate of acceptance stating the port of shipment , date of
    acceptance , the nature and quantity of the goods accepted and including
    any oomments on the quality of the goods     and send a copy thereof to the
    Commission    of the European Communities .
                                                                   ./•
                                                       1