CELEX: 51974PC2090
Language: en
Date: 1974-12-17 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 Pakistan for the supply of skimmed milk powder as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 2090
Vol. 1974/0346
 ---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,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(74)2090 final
                                                      Brussels , 17 December 1974
                              RECOMMENDATION FOR A
                                COUNCIL DECISION
                on the conclusion of an Agreement between the
                  European Economic Community and the Islamic
                Republic of Pakistan for the supply of skimmed,
                             milk powder as food aid
                ( submitted to the Council by the Commission)
                                                            /
COM(74 ) 2090 final
 ---pagebreak---          AGREEKEÏÏT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
    AND THE ISLAMIC REPUBLIC . OP PAKISTAN
ON THE SUPPLY OF FOOD AID IN THE FORM OF
SKIMMED MILK POWDER .
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES .
                                             f the one part ,
               »
THE GOVERNMENT OP THE ISLAMIC REPUBLIC OP PAKISTAN
                                            of the other part ,
                                                    .V»
HAVE DECIDED to concluded, this Agreement and to this end have
designated as their plenipotentiaries : .
THE COUNCIL OP THE EUROPEAN COMWJilTIES :
THE GOVERNMENT OP THE ISLAMIC REPUBLIC OF PAKISTAN s
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                  ARTICLE I
 The European Economic Community shall supply by way of gift to the Islamic
Republic of_Pakistan ( hereafter referred to as "the recipient country ")^ a
quantity c>f 600 " tonnes    of skimmed milk powder
 The quality and packaging conditions are specified in Annex    I which forms an
 integral part of the present Agreement .
                                 ARTICLS 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 .
                                 ARTICLE IV
The recipient country undertakes to use the product received as aid for pur­
 poses of consumption and to apply , for the salo 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---                                        ARTICLE 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 this 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 , within a period of six months
          commencing from the final delivery , either of any product procured
          locally of the same nature as that received as 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
  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 ;
        oosts of sea transport and of insurance relating thereto ;
• ( ii ) Every three months until the quantities received as aid have been fully
          used : quantities soldj manner of sale ; actual selling prices ^normal selling
        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 .                             *
 ---pagebreak--- or ( cc ) 1 "Kraft " paper "bag of a strength representing at ieciut ju g/ r.t ";
          . 1 "Kraft " paper bag with a polyethylene layer of a strength
               representing atleast 60 g + 15 g/m ;
            3 "Kraft " papnr ba<rs of a strength representing at ] cunt . 70 g/ia*". «'
            1 polyethylene inner bag at . least 0^06 mm thick , weeded or duiblo
              bound .
( c ) marking on the packaging in English1           :
      SHIMMED MILK POWDER
      GIFT OP THE EUROPEAN ECONOMIC COMMUNITY
      TO THE ISLAMIC REPUBLIC OP PAKISTAN
 ---pagebreak---                             SKBÎÎTED ÏÏTLK
Oimlity recmir ornent s
 a)    fat content                                not exceeding 1,5 >
00     moisture content                        . not exceeding 4,0 i°
(c ) total acidity (lactic acid)                  not exceeding 0,15    (18 Domic )
(*)    test for neutralizing agents               negative
( β ) permitted additives                         none
  f     test for phosph'atasis                    negative
(ε )    solubility                                not exceeding 0,5 ml (ftot less than
                       •               • t
                                                                         99 lo)
00 degree of parity                               not less than disc B ( l5»0 mg)
<0 "bacteria content                              ïiot exceeding 50 000 per g
oo streng"th of colon bacillus                    negative in 0,1 g
  1)    flavour and smell                          fresh
(m )    appearance
                                                  white or slightly yellowish ,
                                                   absence of impurities and coloured
                                                   partioles
                                  ■ *           *
Packs.rinf?
 (a) containing 25 kilogrammes net weight                    -
 00 composition of packing :                                • .
         (aa) 4 Kraft paper bags of a strength representing at least 70 g per a j
              1 interposed tox-lined paper "bag of a strength representing at
                least 140 g per m2j
              1 polyethylene inner "bag at least 0,66 mm thick , welded or douole-
                "bound                     .        .
•or (bb) 1 "clupak-poly-duplo " paper "bag of a strength representing at
                 least 50/20/50 per m2 ;
              2 Kraft paper bags of a strength representing at least 70/75 S
      / 1     1 polyethylene inner bag at least 0,10 nun (thick welded or dpuble-
    /           .bound.)                     :
 ---pagebreak---                             General  provisions
                                  Article 1
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 ax the      "berth   specified
"by the recipient country or its agent referred to in Article 2 , and under the
 terms . specified in the following articles . Without prejudice to Article 7 and
 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 shipment ,
whose name and address it shall make known to the EEC with all despatch and
if possible before the appointment of agent of the EEC .
                      1                                                       ft
           \                     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#
                                                   •t   •
                        Obligations of the European Economic Community
                                 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 EE&
 ---pagebreak---   The charges and the arrangements relating to demurrage laid down in the
  contract between the recipient country and the carrier must have ^een 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 EEC .
         '     •                 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 time-limit
  shall be agreed between the agents of the EEC and of the recipient country
  for the delivery of all the goods or of the undelivered part thereof .
                          Obligations of the recipient country
                                 Article 6
  After contacting the EEC , the recipient country shall procure one or more vessel:
  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 dato provided
  for in Article 6 , paragraph 1 , the agent of the recipient country shall in­
  form the agent of the EEC without delay.
- In this event a new date for the commencement of delivery and (if applicable) e. ne
  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
  ma.jeure be borne by the recipient country.
  Should the nexv date provided for in paragraph 2 be mor^i than 30 clear days
  after the date for loading provided for in Article 6 , paragraph 1 . the EEC
         i                                                           M •
 maycdispose of the goods without prejudice to its commitment under Article 1
 of this Agreement .
                                                                   1
                              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 soon
 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 bear
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 renun-
oiation shall be deemed to have taken place .
                               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
any comments on the quality of the goods . and send a copy thereof to the
Commission of the European Communities .