CELEX: 51974PC1891
Language: en
Date: 1974-11-21 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an Agreement between the European Economic Community and the Republic of the Philippines on the supply of skimmed milk powder.

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1891
Vol. 1974/0298
 ---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
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(74)1891 final
                                                    Brussels . 21 November 1974
                  RECOMMENDATION FOR A COUNCIL DECISION
on the conclusion of an Agreement between the European Economic Community
and the Republic of the Philippines on the supply of skimmed milk powder *
 COM(74) 1891 final
 ---pagebreak---  Tlffi 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 }
Vlheroas 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 100 tonnes of skimmed
milk powder available to       the Republic of the Philippines
HA a DECIDKD :          /                                                      - • ■
                                          Article  1
An Agreement between the European Economic Comnuni-ty and the Republic of the Philippines
for the supply of skimmed milk powder as food aid is hereby concluded en behalf o.f
the European Economic Community . The text of the Agreement is annexed to this
Decision -.
                                          Article  2 -
Trie President of the Council is authorised to designate the persons enpoverea to
sign the Agreement and to confer on them the powers required in order to bind, the
Community .
Done at Brussels ,
                                              ο
                                                               For the Council
                                                                The President
 ( 1 ) O.J*; L 190 from 13.7.1974 , p. 20
 ---pagebreak---            • AGK^-IERT
B2TVEEÏÏ THE EUROEBAN ECONOMIC COMÎIUITITY
     AND THE IffiPUBLIC OP THE PHILIPPINES
Oil THE SUPPLY OF FOOD AID IN THE FORI! OF
SKU-Ij-iED MILK POWDER .
 ---pagebreak---  THE COUNCIL OF THE EUROPEAIT COIfllUHITIES ,
                                              ôf the one part ,
/
 THE GOVERMEKT OP THE REPUBLIC OP THE PHILIPPINES
                                              of -the other part ,
HAVE DECIDE!) to concluded, this Agreement and to this end have
 designated as their plenipotentiaries : .
THE COUNCIL OP THE EUROPEAN C0MKU1JITIES :
THE GOVERIHIEKT OP THE REPUBLIC OP THE PHILIPPINES :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak--- f
                                        -2-
                                      ARTICIH I
  The European Economic Community shall supply "by way of gift to the Republic
  of the Philippines (hereafter referred to as "the recipient country ") a. quantity
  of 100 " tonnes     0f skimmed, milk powder
                  /.
               .                    ρ
  The quality and packaging conditions are specified in Annex I which forms an
  integral part of the present Agreement .
             *         m ■
                                                       J
                                     ARTICI3 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 of
  destination . ,                     "
  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 .     '*                      .
                                                                   . «4 #>•
                                  •  АНТ1С1Л! IV
  The recipient 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.
  The proceeds from this sale shall be paid into a special account with the
  Central Bank and allocated to the financing of one or more development projects
  under arrangements which have 'been agreed in advance between the recipient
  country and the European Economic Community.                                -  ;
 ---pagebreak---                                           -3-
                                        /ЛТ1С1.Я 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 thi3 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
                   /                    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 sny product procured
          locally of the same nature as that received ^.s 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
                                                             •                         à
  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 sold ; manner , of sale ; actual selling price.s, ^normal sellin
         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
              the previous year ;   .
          b) Stage of progress of the project or projects , indicating the total
              resources expended to that stage .                                  "        •
                      :      '                        .            '  • -A
 ---pagebreak---                                 -4-
                                /jîTicin VTII
The Contracting Parties shall at tho 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 , Dutchi English , French ,
German and Italian languages ,- each of these texts having equal force .
 ---pagebreak---                                                                                    Anne *   "T
                                          8К1ШЯ) нхьк ттт
  I» Qnnlity
      *" ,n"               *"**"T*-* –
       (a)       fat content                              not exceeding 1,5 >
      (b )       moiotutfe content                        not exceeding 4»0 $          1
                         r
      (c )       total' acidity (lactic acid)
                     /
                                                          not exceeding 0,15 $ (18° Dornic )
      (d )       test for neutralizing agents             negative
      (e )       pçVmittcd additives                      none
      (f )     #
                 tést foy ph'osph'atasis
                  i
                                                          negative
      (g)        solubility                               not exceeding 0,5 ral (not less than
           "                                .     ■}
                                                                                   99 £)
      01) degree of purity                                not less than disc B (15|0 irg)
                                                                          r  "
     jhi ) "bacteria content                              >iot exceeding JO 000 per g
     (k) strength of colon bacillus                       negative in 0,1 g
     ( l ) flavour and smell                              fresh
     (m) appearance                                       white or slightly yellowish ,
                                                          absence of impurities and coloured
                                                          particles
II . Packarinr:                                                         *
                                                                                               »
     (a) containing 25 kilogrammes net weight
     ("b) composition of packing :
                (aa) 4 Kraft paper "bags of a strength representing at least 70 g per ip. j
                      ' 1 interposed tar-lined paper "bag of a strength representing at
                             least 140 g per m2j
                        1 polyethylene inner "bag at least 0 , 66 rnm thick , welded or double-
                             bound
    *or (bb ) 1 "clupyic-poly-duplo" paper "bag of a strength representing at
                             least 50/20/50 per m2j .                . " *                       r
                        2. Kraft paper "bags of a strength representing at least 70/75 6 P21* c
  •          •
                        1 polyethylene inner bag at leacjt 0,10 mm (thick welded or double­
        /                   .bound)                  t                                    . . 1
 ---pagebreak---                                                                           •>
or ( oc ) 1 "Kraft " paper "bag of a strength representing at least 70 g/m }
         . 1 "Kraft " paper bag with a polyethylene layer of a strength
               representing atleast 60 g + 15 g/m ;
                                                                             2
           3 "Kraft." paper bars of a strength representing at least 70 g/ra .
           1 polyethylene inner bag at least 0.06 mm thick , welded or double
             bound .
(c ) marking on the packaging in English            :
     SMHîIiED lilLK POWDER
     GIFT OF THE EUROPEAN ECONOMIC COMMUNITY
     TO THE JffiPUBLIC OF THE PHILIPPINES
                                                  ;
                                  »
 ---pagebreak---                                                                       Л1П1Г1Х II
                              General         provj nj.ono
                            -  .     Article 1
                                     * J " 11 1   ii i ii
   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 t.ie
   terms specified in the following articles . Without prejudice to Article 7 ano.
   8 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 shipr.ent ,
. whoso 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 which deli­
  very must begin.                                                           "        . '
                                                              •I .
                        Obligations of tho ffiuporogm Economic Cor^rr,unity
                                   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 ESI
                                 V*
                                                                   «/•
 ---pagebreak---  The charges and the arrangements relating to demurrage laid down in vhe
  contract "between the recipiont country and the carrier must h aVe "been 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 ESC .        . > '
                  /               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 . tine-limit
 shall "be agreed between the agents of the EEC and of the recipient country
 for tho delivery of all the goods or of the undelivered part thereof .
                           Obligations of the recl-pi er:t country
                                  Article 6 .
After contacting the ESC , 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 also 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---                                  Article 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 vrithout delay.
 In this event a nev; date for the commencement of delivery and (if applicable) e.
 schedule could          agreed between the agents of the EEC and of the recipient
 country . The costs arising from this delay shall in all cases except force
 majeure be borne by the recipient country.
                     , t                   r                  ' '*
                     r
 Should the nev; date provided for in paragraph 2 be more than 30 clear dc>ys
 after the date for loading provided for in Article 6 , paragraph 1 , the ESC
mayodispose 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 socn
 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 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 reniin-
oiation shall be deemed to have taken place .
                                                           4   4   .•
                                 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
eny comments on the quality of the goods , and send a copy thereof to the
Commission of the European Communities .          '