CELEX: 51974PC2126
Language: en
Date: 1974-12-16 00:00:00
Title: Recommendation for a COUNCIL DECISION on the conclusion of an Agreement between the European Economic Community and the Democratic Republic of Sudan for the supply of skimmed milk powder as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 2126
Vol. 1974/0351
 ---pagebreak--- Disclaimer
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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
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(74)2126 final
                                                         Brussels . 16 December 1974
                               Recommendation for a
                                 COUNCIL DECISION
             on the conclusion of an Agreement "between the European
             Economic Community and the Democratic Republic of Sudan
               for the supply of skimmed milk powder as food aid
                  ( submitted to the Council "by the Commission)
CCMC 74) 2126 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 Hecoaaendatioa froa the CoiiBissionj
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     300 tonnes       df skimmed
milk powder available to   the Democratic Republio of Sudan -                       '
                                                                                    I
HAS DECIDED I
                                     Article    1                                    '
An Agreement between the European Economio Community and the Democratio Republik of
Sudan for the supply of skimmed milk powder as food aid is hereby ooncluded on behalf of
the European Economio Community . The text of the Agreement is annexed to this         ■
Decision .                                                                          !
                                                                     :    •    ■    I
                                                                                   ■I
                                                                                    !
                                     Article 2                                      !
                                                                                    ι
The President of the Council 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 Brussels ,
                                                          For the Council
                                                           The President
 ---pagebreak---          ACREEKENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
    AND THE DEMOCRATIC REPUBLIC OP SUDAN
GN THE SUPPLY OP POOD AID IN THE FORM OP
 ---pagebreak--- *
                   -1-
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                                              of the one part ,
  THE GOVERNMENT OP THE   DEMOCRATIC REPUBLIC OP SUDAN   •
                                             of the other part ,
                   <
  HAVE DECIDED to concluded this Agreement and to this end have
  designated as their plenipotentiaries : .
                     »
  THE COUNCIL OP THE EUROPEAN COMMUNITIES :
  THE GOVERNMENT OP THE DEMOCRATIC REPUBLIC OP SUDAN
  WHO IIAVE AGREED AS FOLLOWS i
 ---pagebreak---                                  ARTICLE I
 The European Economio Community shall supply by way of gift to the Demooratio
Republic of Sudan (hereafter referred to as wthe reoipient oountry") a quantity
of 3°00 tonnes of skimmed milk powder*
 The quality and packaging conditions are specified in Annex I which forms an
 integral part of the present Agreement .                                      !
                                 AHTICL5 II
Deliveries shall be effected under the arrangements provided in Annex II Which
forms an integral part of the present Agreement .                 .           I
                              .  ARTICLT5 III
The recipient country undertakes to make all necessary arrangements for the
transport and insurance of the products from point of delivery to places of
destination .
It undertakes to exercise the greatest care to ensure that the tendering airan-
gements for sea transport do not prejudice the free play of fair competiticn.
Any problems arising in this connection shall be the subject of consultations
under Article VIII of the present Agreement.                                 j
                                 ARTICLB IV
The reoipient country undertakes to use the product received as aid for pur­
poses of consumption and to apply, for the sale of the product on its market ,
the prices normally charged on that market for products of comparable quality.
                                                                            f
The proceeds from this sale shall be paid into a special account with the I
Central Bank and allocated to the financing of one or more development projects
under arrangements which have been agreed in advance between the reoipient !
country and the European Economic Community.
 ---pagebreak---                                       -3-
                                    ARTICLE 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 ejisure 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 .
                                                                                !
                                •   ARTICLE VI                                  I
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 , within 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        I
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 products 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 pricefl-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 ) On 15 January every year until the special account has been fully
        expended :
        a) Summary of the account ( incomings and outgoings ) to 31 December of
            tho previous year ;
        b) Stage of process of the project or projects , indicating the total
            resources expended to that stage .
                                                                   ./•
 ---pagebreak---                                 -4-
                                ARTICIK 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 , Pre
German and Italian languages ,* each of these texts having equal force *
 ---pagebreak---               !,
                                     SKBÏÏTKD MTLK
  I. Qnality recmi.reînmrfcs
         (a )    fat content                            not exceeding 1,5 ft>
         (b )    moisture content                     . not exceeding 4»0 %
         (o )    total acidity (lactic aoid)            not exceeding 0,15 $ (l^° Domic )
         (d )    test for neutralizing agents           negative
         (e)     permitted additives                    none
        (f )     test for phosph'atasis                 negative
        (g)      solubility                             not exceeding 0,5 ml (not less than
                                                                               99 f") .
        (h )    degree of purity                        not less than disc B (l5»0 mg)
        (i )   "bacteria content                        Hot exceeding 50 000 per g
        (k )    strength of colon "bacillus             negative in 0,1 g
        (l )   flavour and smell                        fresh
        (m)    appearanoe                               white or slightly yellowish ,
                                                        absence of impurities and coloured
                                                        particles
'     '                     "            .                    0
II . Packas-in *                          '
       (a) containing 25 kilogrammes net weight
       (h) composition of packingî
                , .                                                    . .    . .        2
               (aa) 4 Kraft paper bags of a strength representing at least 70 g per n }
                      1 interposed tar-lined paper bag of a strength representing at
                        least 140 g per m2 ;
                      1 polyethylene inner bag at least 0,06 inm thick , welded or double-
                        bound
     'or (bb ) 1 "clupaJc-poly-duplo" paper bag of a strength representing at
                        least 50/20/50 per m2j                      .*
                                                                                            2
                      2 Kraft paper bags of a strength representing at least 70/75 G P01* n
                      1 polyethylene iriner bag at least 0,10 mm (thick welded or double-
 ---pagebreak---                                                                          / 2
or ( cc ) 1 "Kraft " paper bag of a strength representing at least ^0 g/ra }
           1 "Kraft " paper bag with a polyethylene layer of a strength
              representing atleast dO g + 15 g/m )                     .     '
           3 "Krnft " nnnftr barn of a strength representing at least 70 ?/m •
           1 polyethylene inner bag at least 0,06 nun thick » welded or double
             bound .
                                               »
( o ) marking on the packaging in English t . 1
      SMIMMED MILK POWDER
      GIFT OP THE EUROPEAN ECONOMIC COMMUNITY
      TO THE DEMOCRATIC REPUBLIC 07 SUDAN
 ---pagebreak---                                                              Atmx il
                           General  provisions
                                 Article 1
Delivery shall be effected and risks shall pass from the European Economic
 Community, hereinafter referred to as the EEC , to the recipient country at
the moment at which the goods are 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 3
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 whioh deli- •
very must begin .
                       Obligations of the European Economic Community
                                Article 4
Should the EEC not b? in a position to carry out delivery on the date and ( if
applicable) on the schedule as provided in Article 6 , all costs          , 4
arising for the recipient country- for example demurrage void freight and
dead freight- shall be borne by the EH!
 ---pagebreak---  The charges and the arrangements relating to demurrage laid down in the
 contract between the recipient country and the carrier must have been agreed
 in advance toy the recipient country and the agent of the EEC *
 The other costs referred to in the first paragraph shall only toe refunded
 toy the EEC if they have been paid toy 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 in Article 6 and without
 prejudice , to the provisions of Article 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.
                                                                    «
                         Obi i rations of the recipient country
                                  Article 6 ,
After contacting the ESC , the recipient country shall procure one or more vessel!
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 Ehall inform the EEC of this date
immediately on learning it , and alGO that for commencement of delivery ,
if possible tx^nty 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 sha)
take place .                                  \                             *
 ---pagebreak---                                 Art ici. a 7
 Should the recipient country be unable to begin loading on the date provided
 for in Article 6 , paragraph 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 delivery and (if applicable) e. ne\
 schedule could     "h® agreed between the agents of the EEC and of the recipient .
 country . The costs arising from this delay shall in all cases except force
ma.jeure 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 l f the EEC
may. dispose of the goods 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 EEC 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 recipient country under Article 1 of this Agreement and shall bear
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
ciation 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 an<j quantity of the goods accepted and including
any comments on the quality of the goods     and send a copy thereof to the
Commission    of the Suropean Communities .