CELEX: 
Language: en
Date: 1973-12-24 00:00:00
Title: Council Decision of 18 June 1973 concluding an Agreement between the European Economic Community and the Lebanese Republic on the supply of food aid in the form of skimmed-milk powder #Agreement between the European Economic Community and the Lebanese Republic on the supply of food aid in the form of skimmed-milk powder

24. 12 . 73                         Official Journal of the European Communities                  No L 355/ 9
                                                 COUNCIL DECISION
                                                     of 18 June 1973
            concluding an Agreement between the European Economic Community and the Lebanese
                     Republic on the supply of food aidi in the form of skimmed-milk powder
                                                        (73 /409/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 proposal from the Commission ;
            Whereas in Council Regulation (EEC ) No 2721 /72 (*) of 19 December 1972 on the
            supply of food aid in the form of skimmed-milk powder it was decided to make 250
            metric tons of skimmed-milk powder available to the Lebanese Republic,
             HAS DECIDED AS FOLLOWS :
                                                           Article 1
             On behalf of the Community an Agreement between, the European Economic Com­
             munity and the Lebanese Republic on the supply of food aid in the form of skimmed­
             milk powder, the text of which Agreement is annexed hereto, is hereby concluded.
                                                           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 Com­
             munity.
             Done at Luxembourg, 18 June 1973 .
                                                                                For the Council
                                                                                 The President
                                                                                  A. LAVENS
              (*) OJ No L 291 , 28 . 12 . 1972, p. 28 .
 ---documentbreak--- No L 355/ 10                        Official Journal of the European Communities                              24 . 12. 73
                                                     AGREEMENT
             between the European Economic Community and the Lebanese Republic on the supply
                                    of food aid in the form of skimmed-milk powder
              THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
              on the one part,
              THE GOVERNMENT OF THE LEBANESE REPUBLIC ,
              on the other part,
              HAVE DECIDED to conclude this Agreement, and for this purpose have named as their
              Plenipotentiaries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE GOVERNMENT OF THE LEBANESE REPUBLIC :
              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 Lebanese Republic, hereinafter referred to as            surance of the delivered products from the ports of
the 'country of destination', 250 metric tons of                unloading to their places of destination.
skimmed-milk powder of the quality and with the
packaging specified in Annex I, which forms an
integral part of this Agreement.                                                        Article V
                                                                The country of destination undertakes to use the
                        Article II                              products received as aid for purposes of consumption
                                                                 and to distribute such products to refugee populations
                                                                free of charge.
Deliveries shall be made cif to ports of unloading in
the country of destination.
                                                                                       Article VI
                        Article III                             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
The obligations and responsibilities of the Com­                international trade. To this end, they shall take any
munity 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--- 24. 12. 73                           Official Journal of the European Communities                             No L 355/ 11
                       Article VII                              — 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,
                                                                    rate and method of distribution.
measures to prevent:
— the re-export of the products received as aid and
    of products derived from them;                                                       Article IX
— the export, commercially or otherwise, within
    six months from the date of the last delivery,              The country of destination shall take all appropriate
    either of the skimmed-milk powder produced                  measures to enable those persons duly authorized
    locally which should be of the same kind as that            by the Community to make on-the-spot observations
    received as aid or of processed products derived            of the operations connected with the implemention
    from it.                                                    of the Agreement.
                                                                                          Article X
                      Article VUI
                                                                At the request of either of them, the Contracting
The country of destination undertakes to inform the             Parties shall consult each other on any questions
Community of the circumstances surrounding the                  concerning the implementation of this Agreement.
implementation of this Agreement. For this purpose,
it shall communicate to the Commission of the Euro­
pean Communities the following information :                                              Article XI
— not more than thirty 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 unloading 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 exceding 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 (15-0 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
 ---pagebreak--- No L 3 55/ 12                         Official Journal of the European Communities                                    24. 12 . 73
              II. Packaging
                   (a) containing 25 kilogrammes net weight
                   ( b) composition :
                        (aa) 4 'Kraft'paper bags of a strength representing at least 70 g/m2
                             1 intercalated bag of tar-lined paper of a strength representing at least 140 g/m2
                             1 polyethylene inner bag at least 0-06 mm thick , welded or double-bound , or
                        (bb) 1 bag of clubpack-poly-duplo-paper of a strength representing at least 50/20/50 g/m2
                             2 Kraft paper bags of a strength representing at least 70/75 g/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 COMMUNAUTE ECONOMIQUE
                        EUROPEENNE A
                                                              ANNEX 11
                                       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 are actually taken in charge in the ship's hold at the port of
               unloading.
               The country of destination shall pay 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 be borne by or paid to the
               country of destination . The rates and conditions of payment laid down in the contract between
               the authorized agent of the Community referred to in Article 4 arid the carrier must have been
               agreed in advance between that agent and the receiving agent of the country of destination refer­
               red to in the same Article .
                                                              Article 2
               The Community shall forward to the country of destination, 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 Community shall inform the country of destination of the ship's estimated date of arrival
               at the port of unloading at least ten clear days before that date.
               It shall have inserted in the charter party an undertaking by the captain to give the country of
               destination at least seventy-two hours' notice of the probable date of the ship's arrival in the port
               of unloading.
                                                               Article 4
              To implement the provisions of 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 in each port of unloading, whose name
              and address it shall make known to the Community before the Agreement is implemented.
 ---documentbreak--- NA ---documentbreak--- 24. 12 . 73                       Official Journal of the European Communities                  No L 355/ 13
            Information concerning the signing of the Agreement between the European Economic
                         Community and the Lebanese Republic on the supply of food aid
            The Agreement between the European Economic Community and the Lebanese Repub­
            lic on the supply of food aid in the form of skimmed-milk powder, which the Council
            decided to conclude on 18 June 1973 , was signed at Brussels on 22 October 1973 on
            behalf of the Council of the European Communities by :
            Mr Joseph Van der Meulen, 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
            Lebanese Republic by :
            Mr Kesrouan Labaki, Ambassador Extraordinary and Plenipotentiary, Head of the
            Mission of that country to the European Communities .