CELEX: 51974PC2035
Language: en
Date: 1974-12-06 00:00:00
Title: Recommendation for a COUNCIL DECISION on the conclusion of an Agreement between the European Economic Community and the Islamic Republic of Mauritania for the supply of skimmed milk powder and butteroil as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 2035
Vol. 1974/0339
 ---pagebreak--- Disclaimer
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concernant l'ouverture au public des archives historiques de la Communauté économique
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p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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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
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,
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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,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(74)2035 final
                                                       Brussels , 6 December 1974
                                                                (
                           Recommendation for a
                             COUNCIL DECISION
              on the conclusion of an Agreement between the
               European Economic Community and the Islamic
             Republic of Mauritania for the supply of skimmed
                  milk powder and "butteroil as food aid
               ( submitted to the Council by the Commission)
CCM(74) 2035 final
 ---pagebreak---  THE COUNCIL OP 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 Recommendation from the Commission ;
 Whereas the Council in Regulation (EEC ) no . 3582/73 and Regulation (EEC )
 3583/73 from 28 December 1973 on the supply of skimmed milk powder and
 butteroil as food aid decided to make 2 000 metric tons of skimmed milk
                                                            <
 powder and 1 000 metric tons of butteroil. available to the Islamic
 Republic of Mauritania
HAS DECIDED :
         '                  .    Article 1 -
An Agreement between the European Economic Community and the Islamic Republic
of Mauritania for the supply of skimmed milk powder and butteroil as
food aid is hereby concluded on behalf of the European Economic Community .
The text of the Agreement is annexed to this Decision .
                                 Article  2
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---              AGREEMENT          '/
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
AND THE  ISLAMIC REPUBLIC OP MAURITANIA  '
FOR THE SUPPLY OF SKIMMED MILK POWDER AND
BUTTEROIL AS FOOD AID .
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                                 on the one hand ,
THE GOVERNMENT OF THE ISLAMIC REPUBLIC OP MAURITANIA
                                                 on "the other hand ,
HAVE DECIDED to conclude this Agreement , and for this purpose have
designated as their plenipotentiaries :
                             . ■*   '   /•'             /    ,
THE COUNCIL OP THE EUROPEAN COMMUNITIES :
                                      *
THE GOVERNMENT OP THE ISLAMIC REPUBLIC OP MAURITANIA •
                                  '                  •*
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                       Article I
      The European Economic Community shall supply as a gift to the Islamic
  'Republic of Mauritania hereinafter referred to as the "recipient country",
     2 000 metric tone of skimmed milk powder and 1 000 metric tons of
      butteroil which satisfy, as to quality and. packing, the requirements laid down
    . in Annex I which forms an integral part of this Agreement.
                                     Article II .    . '      ■      .
     The deliveries shall be made CIP to the ports of unloading in the recipient
     country.      '
                                     Article III
>  • •           •
     The obligations and responsibilities of the European Economic Community and
    of the recipient country , in particular as regards delivery and acceptance ,
    are defined in Annex II , which forms an integral part of this Agreement .
           *
                                     Article IV
    The recipient country undertakes to make . all the necessary arrangements for
    the transport and insurance of the deliveries from the the CIF stage to places
                                             . . •                         •
    of destination.                           .
                                     Article V
   The reoipient country undertakes to use the product received as aid for human
  consumption and to distribute it free to the n6edy populations .
                                     Article VI
  The' European Economio Community shall grant the recipient country funds to
  cover the costs incurred by that country for the transport of the delivered,
  products from the CIP stage to places of destination .           "
  These funds shall amount to 50        units of account per metrio ton of delivered
  product .                                                      j
                                          ι
  The Community undertakes to pay this as soon as possible after receipt by
  the Commission of the information required in the first indent of Article 5
  of the annex II *                                .
 ---pagebreak---                                               **0 . "5   «K
                                                                         0
                        ,
                                        Ar-fcS. ol s VXX ■
                                        piui^ewwwxstertFxwretxesictowvra
    The Contracting Parties undertake to implement this Agreement in such a v°y
    as to avoid any prejudice to tbo normal structure of domestic production and
     international "trade o To this end they shall take any measures required to
     ensure that aid supplies are in addition to , and do not replace "business
    transactions 'which might reasonably "be expected in the a'osence of such supplies
                                        Article VIII
 The recipient country shall take the, appropriate steps to prevent®
 – reexport of the products received as aid and any products derived therefrom$
 – the export for trade or otherwise , within six months .from the date of. the
     last deliveryt "both of locally-produced, merchandise oi the same kind
   " as that received as aid and of processed products derived therefrom .
          *
                                     Article Et
  The recipient country undertakes t.o inform the European Eoonoaio Community
  of the circumstances surrounding the implementation of this Agreement . For
  this purpose, it shall communicate to the Commission of the European. Communities
 every three months until the quant'i ties received as aid have "been used up the
 following information ; quantities distributed , number and nature of the "ben.ef3.ci
 ■beneficiaries , places , rate and manner of distribution ,.
                                      Article              X
' The recipient country shall take all appropriate steps to enaole thOi=e personfc
  duly authorized "by the European Economic Community to maJce on trie spot o"bser
  Vations of the operations connected with the implementation of the Agreement .
 ---pagebreak---                            Article  XI
At request of either party , the contracting parties shall consult one
another on all questions concerning the application of this Agreement .
                           Article  XII   •
This Agreement is drawn up in two copies in the Danish , Dutch , English ,
French , German and Italian languages , these texts "being equally authentic
 ---pagebreak---                                STŒiira) TÎTr ,TC POUDJft
 I. Quality recn.iire;i>Qn;cs
     (a ) fat content                                 not exceeding 1,5 %
     (b ) moisture content                            not exceeding 4,0                  "■
     (c ) total acidity (lactio acid )                not exceeding 0,15 $         Domic )
     (d ) test fop neutralizing agents                negative
     ( e ) permitted additives­                       none
,    ( f ) test for phosphatasis                      negative
     (g ) solubility                                  not exceeding 0,5 ml (not less than
                                                                              99 1o)
     ( h ) degree of purity                           not less than disc B ( 15 1 0 mg )
     (i ) bacteria content                            not exceeding 50 000 pep 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
    (a ) containing 25 kilograrmnes net v;éiglit
    (b ) composition of packing :
                                                                                            2
           (aa) 4 Kraft paper bags of a strength representing at least 70 g per n j
                1 interposed tar-lined paper bag of a strength representing at
                  least 140 g per m2j
                1 polyethylene inner bag at least 0,06 mm thick , welded or double-
                  bound                                            '
                                                                            «4 »•
   'or (bb ) 1 "clupak-poly-duplo" paper bag of a strength representing at
                  least 50/20/50 per in2j
                                                                                              /■
                2 Kraft paper bags of a strength representing at least 70/75 S P®1, "
                1 polyethylene iriner bag at least 0,10 mm (thick welded or double­
       /   '      bound)
 ---pagebreak---                                                                           . 2
or ( cc ) 1 "Kraft " paper bag of a strength - representing at leant 70 s/n J
           1 "Kraft " paper bag with a polyethylene layer of a strength
              representing atleast 60 g + 15 gAi *"}
                                                                              2
           3 "Kraft " paper bags of a strength representing at least 70 g/m •
           1 polyethylene inner bag at least 0.06 mm thick , welded or double
             bound .
( c ) marking on the packaging in French language :
      SMIMMED MILK P0VJDER
      GIFT OF THE EUROPEAN ECONOMIC COMMUNITY                 .
      TO THE ISLAMIC REPUBLIC OF MAURITANIA . -        , '  ,
      TO DISTRIBUTE . FREE OF CHARGE
 ---pagebreak---                    •                  ·«. 1 - .                         '   ΑΚΙΝί,Λ 11
      4
                     AMEX TO ARTICLE III OF Tim ACRSEMMT
    •            •                                                                   •\ 1
                                    Article 1
   Delivery shall be completed and the risks shall pass from the European
   Eoonomic Community to the recipient country as soon as the goods are actually
   taken in charge in the ship , s hold at the port of unloading.
   The recipient fcouiitry shall "bear 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 , as the
 'oase may "be", he "borne "by or paid to the recipient country. The rates and
  conditions of payment applying to any contract "between the Community agent
  referred to in Article 4 and the carrier must have been previously agreed
  between that agent and the recipient country 1 s agent referred to in Article 4 •
                                                                          •       •
                                   Article 2
  The European Economic Community shall forward to the recipient country ,
  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 European Economic Community shall inform the recipient country of the
  ship's presumed date of arrival at the port of unloading at least ten clear
  days before that date .
  The European Economic Community shall cause to be inserted in the charter-
  party^ an undertaking by the captain to give to the recipient country at
  least 72 hours * notice of the probable date of the ship f s arrival in the port .
 ---pagebreak---                                 Article   4
   The European Econoraio Community shall appoint an agent to implement the
 . provisions of this Annex , and shall in good time * forward the latter f s
   name and address   the recipient country#
   The recipient country shall appoint an agent in each port of unloading,
   and shall forward the latter * s name and address to the European Economio
   Community prior to implementation of the Agreement .
                               Article   5
On delivery of the goods the country of destination shall hand to the authorized
agent of the European Economic Community a taking-over certificate , stating the .
place and date of taking over , the nature and the quantity as well as contigent
observations about the quality of these goods and shall send a copy thereof to
the Commission of the European Community .