CELEX: 21975A0903(01)
Language: en
Date: 1975-02-17 00:00:00
Title: Agreement between the European Economic Community and Ethiopia on the supply of skimmed-milk powder and butteroil as food aid

No L 232/ 8                         Official Journal of the European Communities                                3 . 9 . 75
                                                    AGREEMENT
              between the European Economic Community and Ethiopia 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 ETHIOPIA,
              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 ETHIOPIA :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                                                    Article V
The European Economic Community, hereinafter                  The country of destination undertakes to use the
referred to as the ' Community', shall supply Ethiopia,       products received as aid for consumption and to distri­
hereinafter referred to as the 'country of destination ',     bute them free of charge to the needy sections of the
by way of gift, with 2 500 metric tons of skimmed­            population .
milk powder and 1 300 metric tons of butteroil, of
which the quality and packaging requirements are
specified in Annex I, which forms an integral part of                                 A rticle VI
this Agreement.
                                                              The Community shall grant the        country of destination
                        Article II                            a fixed contribution towards           covering the costs
                                                               incurred by that country for        the transport of the
Deliveries shall be made cif port of discharge in the          product from the cif stage to       places of destination .
country of destination .
                                                              This contribution shall amount to 30 units of account
                                                               per metric ton of delivered product.
                        Article III
                                                              The Community undertakes to pay this contribution
The obligations and responsibilities of the Commu­            as soon as possible after receipt by the Commission of
nity and of the country of destination relating to             the European Communities of the copy of the certifi­
delivery and receipt are defined in Annex II , which          cate of receipt required in Article 5 of Annex II .
forms an integral part of this Agreement.
                        Article IV                                                   Article VII
The country of destination undertakes to make all the         The Contracting Parties undertake to implement this
necessary arrangements for the transport and insur­           Agreement in such a way as to avoid any prejudice to
ance of the products from the cif stage to places of           the normal structure of domestic production and inter­
destination .                                                  national trade. To this end, they shall take any
 ---pagebreak--- 3 . 9 . 75                        Official Journal of the European Communities                        No L 232/9
measures required to ensure that aid supplies are in        pean Communities every three months until the quan­
addition to, and do not replace, commercial transac­        tities received as aid have been fully used : quantities
tions which might reasonably be expected in the             distributed ; number and nature of the beneficiaries ;
absence of such supplies .                                  places, rate and method of distribution .
                      Article VIII                                                 Article X
The country of destination shall take all appropriate       The country of destination shall take all appropriate
measures to prevent :                                       measures to enable those persons duly authorized by
— the re-export of the products received as aid and         the Community to make on the spot observations of
     of products derived from them ;                        the operations connected with the implementation of
                                                            the Agreement.
— the export, commercially or otherwise, within six
     months from the date of the last delivery, both of                            Article XI
     products obtained locally which are of the same
     kind as that received as aid or of processed           At the request of either of them, the Contracting
     products derived from them .                           Parties shall consult each other on any questions
                                                             concerning the implementation of this Agreement.
                       Article IX
                                                                                   Article XII
The country of destination undertakes to inform the
Community of the manner in which this Agreement             This Agreement is drawn up in duplicate in the
is performed. To this end, it shall communicate the          Danish, Dutch, English, French, German and Italian
following information to the Commission of the Euro­         languages, each of these texts being authentic.
 ---pagebreak--- No L 232/ 10                           Official Journal of the European Communities                                  3 . 9 . 75
                                                             ANNEX I
                                      QUALITY AND CONDITIONS OF PACKAGING
                                                   A. SKIMMED-MILK POWDER
             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 0 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 kilogrammes net weight ;
                 (b) composition :
                      (aa) 4 'Kraft' paper bags of a strength representing at least 70 g/m 2 ;
                           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 packing (in French) :
                      LAIT ÉCRÉMÉ EN POUDRE / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EURO­
                      PÉENNE À L'ÉTHIOPIE / À DISTRIBUER GRATUITEMENT.
                                                          B. BUTTEROIL
             I. Quality
                 (a) Characteristics of the product :
                      Concentrated milk fat containing not less than 99-8 % of pure fat.
                 (b) Standard ingredients :
                      (Analysis made at time of manufacture and packing)
                      — Moisture and non-fat ingredients of milk :
                          not more than 0-2 %
                      — Fat : not less than 99-8 %
                      — Free fatty acids : not more than 0-5 % (expressed as oleic acid)
                      — Peroxide level/kg : not more than 1 unit (in milli equivalents of active oxygen per kg)
                      — Taste : pure
                      — Smell : absence of smell extraneous to butteroil .
 ---pagebreak--- 3 . 9 . 75                         Official Journal of the European Communities  No L 232/ 1 1
           II . Packaging
                (a) Metal cans of 20 kg — 1 can per carton
                (b) Marking on the packing (in French) :
                    BUTTEROIL /      DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE À
                    L'ÉTHIOPIE / À DISTRIBUER GRATUITEMENT.
 ---pagebreak--- No L 232/ 12                           Official Journal of the European Communities                                     3 . 9 . 75
                                                             ANNEX II
                                       PROCEDURES FOR DELIVERY AND RECEIPT
                          Article 1                               It shall have inserted in the charter party an undertaking by
                                                                  the captain to give the country of destination at least 72
Delivery shall be effected and all risk shall pass from the       hours' notice of the probable date of the ship's arrival in the
Community to the country of destination at the moment at          port of discharge .
which the goods are actually taken in charge in the ship's
hold at the port of discharge .
The country of destination shall bear all costs subsequent to
delivery of the goods, including the costs of discharge (such                                 Article 4
as breaking bulk, hoisting, taking delivery) as well as any
lighterage costs.
                                                                  To implement this Annex, the Community shall appoint an
Any demurrage or dispatch money at the port of discharge          authorized agent whose name and address it shall make
shall be borne by or paid to the country of destination . The     known in good time to the country of destination .
rates and conditions of payment laid down in the contract
between the authorized agent of the Community referred to
in Article 4 and the carrier must have been agreed in             At each port of discharge the country of destination shall
advance between that agent and the receiving agent of the         nominate a receiving agent whose name and address it shall
country of destination referred to in Article 4.                  make known to the Community before the Agreement is
                                                                  implemented .
                          Article 2
The Community shall forward to the country of destination ,
as soon as possible after the goods have been shipped, a                                      Article 5
notice giving the name of the ship, the date of loading, the
quantity and quality of the goods on loading and the port of
discharge .                                                       On delivery of the goods the country of destination shall
                                                                  hand to the authorized agent of the Community a certificate
                          Article 3                               of receipt, which shall set out the place and date of receipt,
                                                                  the nature and the quantity of the goods received, together
The Community shall inform the country of destination of          with any comments on the quality of those goods. A copy of
the ship's estimated date of arrival at the port of discharge at  the certificate shall be sent to the Commission of the Euro­
least 10 clear days before that date .                            pean Communities .
               Information on the signing of the Agreement between the European Economic
                                 Community and Ethiopia on the supply of food aid
               The Agreement between the European Economic Community and Ethiopia on the
               supply of skimmed-milk powder and butteroil 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 of the
               Commission of the European Communities,
               and on behalf of the provisional military Government of Ethiopia by :
               Mr Gebre Kidan Alula, Permanent Representative of Ethiopia to the European Economic
               Community.