CELEX: 21973A1213(10)
Language: en
Date: 1973-11-09 00:00:00
Title: Agreement between the European Economic Community and the Republic of Senegal on the supply of skimmed-milk powder as food aid

No L 343 /50                        Official Journal of the European Communities                             13 . 12. 73
                                                    AGREEMENT
              between the European Economic Community and the Republic of Senegal on the supply
                                       of skimmed-milk powder as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
              of the one part,
              THE GOVERNMENT OF THE REPUBLIC OF SENEGAL ,
              of the other part,
              HAVE DECIDED to conclude this Agreement, and to this end have designated as their Pleni­
              potentiaries ;
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE GOVERNMENT OF THE REPUBLIC OF SENEGAL :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                                                    Article IV
The European Economic Community, hereinafter                   The country of destination undertakes to make all
referred to as the ' Community', shall supply as a             the necessary arrangements for the transport and
gift to the Republic of Senegal, hereinafter referred          insurance of the delivered products from the ports
to as the 'country of destination', 2 400 metric tons          of discharge to their places of destination ,
of skimmed-milk powder of the quality and with the
packaging specified in Annex I, which forms an inte­
gral part of this Agreement.
                                                                                       Article V
                         Article II
                                                               The recipient country undertakes to use the products
                                                               received as aid for consumption and to distribute
                                                               them free of charge to the needy populations .
Deliveries shall be made to the place of destination
proposed by the country of destination and accepted
by the Community.
                                                                                      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 responsiblities of the Commu­              international trade. To this end, they shall take any
nity 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--- 13 . 12 . 73                             Official Journal of the European Communities                               No L 343/51
                         Article VII                                 2. 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, either
     of the skimmed-milk powder produced locally                     The country of destination shall take all appropriate
     which should be of the same kind as that received               measures to enable those persons duly authorized by
     as aid or of processed products derived from it.                the Community to make on-the-spot observations
                                                                     of the operations connected with the implementation
                                                                     of the Agreement.
                         Article VIII
                                                                                               Article X
The country of destination undertakes to inform the
Community of the circumstances surrounding the
                                                                     At the request of either of them, the Contracting Par­
                                                                     ties shall consult each other on any questions con­
implementation of this Agreement. For this purpose,
it shall communicate to the Commission of the Euro­                  cerning the implementation of this Agreement.
pean Communities the following information :
                                                                                              Article XI
1 . not more than 30 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 discharge 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 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 gr
                  (k) strength of colon bacillus :               negative in 0-1 gr
                  (1) flavour and smell :                        fresh
                  (m) appearance :                               white or slightly yellowish, absence of impurities
                                                                 and coloured particles
              II. Packaging
                  (a) containing 25 kilogrammes net weight ;
                  ( b) composition :
                       (aa) 4 Kraft paper bags of a strength representing at least 70 g per m2 ;
 ---pagebreak--- No L 343 /52                          Official Journal of the European Communities                                   13 . 12 . 73
                            1 intercalated bag of tar-lined paper of a strength representing at least 140 g per m2 ;
                            1 polyethylene inner bag at least 0-06 mm thick, welded or double-bound ;
                     ( bb) or 1 bag of clubpack-poly-duplo-paper of a strength representing at least 50/20/50 g
                           per m2 ;
                           2 Kraft paper bags of a strength representing at least 70/75 g per 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 LA REPUBLIQUE DU SENEGAL
                                                           ANNEX II
                                    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 actually arrive at the place of destination.
             The country of destination shall pay all costs for taking delivery of the goods, any transhipment
             costs and all costs subsequent to delivery.
             Any costs resulting from delays in taking delivery which are attributable to the country of destina­
             tion shall be borne by the latter.
                                                             Article 2
             The Community shall notify the country of destination as soon as possible of the means of trans­
             port to be used to carry the goods to the place of destination , the means of shipment to be used
             during the intermediary phases , the date of loading and the quantity and quality of the goods
             as recorded on shipment from the Community.
                                                             Article 3
             The Community shall inform the country of destination of the expected date of arrival of the
             goods at the place of destination in good time before that date. It shall confirm that date at least
             two days in avdance .
                                                             Article 4
             To implement 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 at each place of delivery , whose name
             and address it shall make known to the Community before the Agreement is implemented .