CELEX: 21975A0324(04)
Language: en
Date: 1975-02-17 00:00:00
Title: Agreement between the European Economic Community and the Islamic Republic of Pakistan on the supply of skimmed-milk powder as food aid

No L 75 / 18                         Official Journal of the European Communities                            24. 3 . 75
                                                      AGREEMENT
              between the European Economic Community and the Islamic Republic of Pakistan on
                                   the supply of skimmed-milk powder as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
              of the one part,
             THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF PAKISTAN,
             of the other part,
              HAVE DECIDED to conclude this Agreement, and to this end have designated as their
              Plenipotentiaries:
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF PAKISTAN :
              WHO HAVE AGREED AS FOLLOWS :
                          Article I                             transport by sea shall not be prejudicial to the free
                                                               play of fair competition. Any problems arising in
The European Economic Community, hereinafter                    this connection shall be the subject of consultations
referred to as the 'Community', shall supply the                under Article VIII.
Islamic Republic of Pakistan, hereinafter referred to
as the 'country of destination', by way of gift, with
                                                                                      Article IV
600 metric tons of skimmed-milk powder, of which
the quality and packaging requirements are specified
in Annex I, which forms an integral part of this                The country of destination undertakes to use the
Agreement.                                                      product received as aid for purposes of consumption
                                                                and to apply, for the sale of the product on its
                                                                market, the prices normally charged on that market
                         Article II                             for products of comparable quality.
Deliveries will be made in accordance with the                  The proceeds from this sale shall be paid into a
detailed rules set out in Annex II, which forms an              special account at the central bank of that country
integral part of this Agreement.                                and allocated to the financing of one or more
                                                                development schemes in accordance with the
                                                               procedure to be agreed between the recipient country
                         Article III                            and the Community.
The country of destination undertakes to make all
necessary arrangements for the transport and                                           Article V
insurance of the product from point of delivery to
places of destination.                                          The Contracting Parties undertake to implement this
                                                                Agreement in such a way as to avoid any prejudice
It undertakes to exercise the greatest possible care to         to the normal structure of domestic production and
ensure that the tendering arrangements for the                  international trade. To this end they shall take any
 ---pagebreak--- 24. 3 . 75                             Official Journal of the European Communities                            No L 75 / 19
measures required to ensure that aid supplies are in              2. every three months until the quantities received
addition to, and do not replace, commercial                           as aid have been fully used : quantities sold, how
transactions which might reasonably be expected in                    they have been sold, selling prices ; normal selling
the absence of such supplies.                                         costs on the market of the country of destination;
                                                                      insurance costs and, where appropriate, transport
                                                                      costs from the port of discharge to the places of
                          Article VI
                                                                       destination ;
The country of destination shall take all appropriate
measures to prevent :
                                                                  3 . on 15 January every year until the special
                                                                       account has been fully used:
— the re-export of the product received as aid and
     of products resulting from such supplies ;                        (a) state of this account (deposits and
                                                                            withdrawals) on 31 December of the
— the export, commercially or otherwise, within six                         preceding year;
     months of the last delivery, either of local
     produce of the same nature as that received as                    (b ) progress achieved in the project or projects,
     aid or of any products resulting from it.                              with an indication of the total amount of
                                                                            financing carried out at that stage.
                          Article VII
                                                                                            Article VIII
The country of destination undertakes to inform the
Community of the mode of implementation of this
Agreement. To this end, it shall provide the                      At the request of either of them, the Contracting
Commission of the European Communities with the                   Parties shall consult each other on any questions
following information :                                           concerning the implementation of this Agreement.
 1 . immediately after the discharge of each cargo :
     port and date of arrival of vessel ; nature and                                        Article IX
     quantity of the product discharged and any
     observations as to the quality; date on which                This Agreement shall be drawn up in duplicate in
     discharge was completed; costs of sea transport              the Danish, Dutch, English, French, German and
     and of insurance relating thereto ;                          Italian languages, each of these texts being authentic.
                                                          ANNEX I
                                                    SKIMMED-MILK POWDER
                                        QUALITY AND PACKAGING REQUIREMENTS
                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);
 ---pagebreak---  No L 75 /20                                  Official Journal of the European Communities                                   24. 3 . 75
                         (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
                                                                        impurities and coloured particles .
                 II. Packing:
                      ( a) containing 25 kg net weight ;
                      (b) composition :
                             (aa) four Kraft paper bags of a strength representing at least 70 g/m2 ;
                                   one intercalated bag of tar-lined paper of a strength representing at least 140 g/m2 ;
                                   one polyethylene inner bag at least 0-06 mm thick, welded or double-bound ;
                                   or
                             (bb) one bag of clubpack-poly-duplo paper of a strength representing at least
                                   50/20/50 g/m2 ;
                                   two Kraft paper bags of a strength representing at least 70/75 g/m2;
                                   one polyethylene inner bag at least 0-10 mm thick, welded or double-bound ;
                                  .or
                             (cc) one Kraft paper bag of a strength representing at least 70 g/m2;
                                   one Kraft paper bag with a polyethylene layer of a strength representing at least
                                   80 g + 15 g/m2 ;
                                   three Kraft paper bags of a strength representing at least 70 g/m2 ;
                                   one polyethylene inner bag at least 0-06 mm thick, welded or double-bound ;
                     (c) marking on the packing (in English):
                            SKIMMED-MILK POWDER/GIFT OF THE EUROPEAN ECONOMIC COMMUNITY
                            TO THE ISLAMIC REPUBLIC OF PAKISTAN.
                                                                  ANNEX II
                                             DELIVERY AND ACCEPTANCE PROCEDURES
                              CHAPTER I                                     to delivery and the country of destination all costs after
                                                                            delivery.
                        General provisions
                                                                                                      Article 2
                                 Article 1
                                                                           For the purpose of implementing the provisions of this
Delivery shall be effected and all risk shall pass from the                Annex the Community shall appoint — if necessary for
Community to the country of destination at the moment                      each consignment — an agent whose name and address it
at which the goods are put down at the point of                            shall make known to the country of destination
exportation named by the Commission of the European                        immediately following his appointment. For each port of
Communities at the berth specified by the country of                       shipment the country of destination shall appoint an
destination or its agent referred to in Article 2 and under                agent whose name and address it shall make known to
the terms specified in this Annex. Without prejudice to                    the Community with all dispatch and if possible before
Articles 7 and 8 the Community shall bear all costs prior                  the appointment of the agent of the Community.
 ---pagebreak--- 24. 3 . 75                             Official Journal of the European Communities                              No L 75 /21
                             Article 3                            commencement of delivery as soon as he knows them, if
                                                                 possible 20 clear days in advance and in any case 10
Before implementing the procedure for appointing the              clear days before the date for commencement of delivery.
agent of the Community referred to in Article 2, the
Commission of the European Communities and the                   He shall establish with the agent of the Community the
country of destination shall establish by joint agreement         schedule according to which delivery shall take place.
the period during which delivery must begin.
                                                                                            Article 7
                           CHAPTER II
                                                                  Where the country of destination is unable to begin
               Obligations of the Community                      loading on the date provided for in the first paragraph of
                                                                 Article 6, the agent of the country of destination shall
                                                                  inform the agent of the Community without delay.
                             Article 4
                                                                 In this event the agents of the Community and of the
Where the Community is not in a position to carry out             country of destination may agree on a new date for the
delivery on the date, and if applicable, according to the        commencement of delivery and, if applicable, a new
schedule laid down in Article 6, all costs arising for the        schedule. Save in cases of force majeure, the costs arising
country of destination — for example, demurrage, void             from the delay in loading shall be borne by the country
freight and dead freight — shall be borne by the                 of destination.
Community.
                                                                  Should the new date provided for in the second
The charges and the arrangements relating to demurrage           paragraph be more than 30 clear days after the date for
laid down in the contract concluded between the country          loading provided for in the first paragraph of Article 6,
of destination and the carrier must have previously been         the Community may dispose of the goods without
agreed by the country of destination and the agent of the        prejudice to its commitment under Article I of this
Community.                                                       Agreement.
The other costs referred to in the first paragraph shall be                                 Article 8
refunded by the Community only if they have been paid
by the country of destination with the approval of the
Community.                                                       Where the quantity intended for loading on a vessel
                                                                  cannot be loaded on board in its entirety, the country of
                                                                 destination shall inform the Community as soon as
                             Article 5                           possible, and no later than 15 clear days after loading
                                                                 has been completed, whether it intends to accept or to
                                                                 renounce the balance.
Where it is impossible for the Community to supply all
or part of the goods on the date and within the time             In the former case the second and third paragraphs of
limits provided for in Article 6, the agents of the              Article 7 shall apply to the balance, if delivery has not
Community and of the country of destination may,                 yet taken place.
without prejudice to Article 4, agree on a new date and a
new time limit for the delivery of all the goods or of the
undelivered part thereof.                                         In the latter case the Community may consider that it has
                                                                  discharged its commitment to the country of destination
                                                                  under Article I of this Agreement and shall bear the costs
                                                                 resulting from renunciation.
                           CHAPTER III
           Obligations of the country of destination              In any event, after an interval of 15 clear days and in the
                                                                  absence of any notice on the part of the country of
                                                                  destination, renunciation shall be deemed to have taken
                             Article 6                           place.
After contacting the Community, the country of                                              Article 9
destination shall procure, to transport all the quantities
provided for in Article I of the Agreement, one or more           Upon delivery of the goods, the country of destination
vessels of dimensions corresponding to the normal                 shall hand over to the authorized agent of the
capacity of the port of shipment; these vessels must be           Community a certificate of acceptance which shall set
ready for loading on a date falling within the period            out the port of shipment, date of acceptance and the
referred to in Article 3 .
                                                                  nature and quantity of the goods accepted, together with
                                                                  any comments on the quality of the goods. A copy of the
The agent of the country of destination shall inform the          certificate shall be sent to the Commission of the
Community of this date and of the date for                        European Communities.