CELEX: 21974A0605(05)
Language: en
Date: 1974-06-04 00:00:00
Title: Agreement between the European Economic Community and the Republic of Mali on the supply of skimmed-milk powder and butteroil as food aid

No L 219/6                          Official Journal of the European Communities                              9 . 8 . 74
                                                     AGREEMENT
             between the European Economic Community and the Republic of Mali on the supply
                                 of skimmed-milk powder and butteroil as food aid
             THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
             of the one part,
             THE GOVERNMENT OF THE REPUBLIC OF MALI ,
             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 MALI :
             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 gift          the necessary arrangements for the transport and
to the Republic of Mali, hereinafter referred to as the         insurance of the delivered products from the ports of
'country of destination', 2 900 metric tons of skimmed-         discharge to their place of destination.
milk powder and 300 metric tons of butteroil of the
quality and with the packaging specified in Annex
I, which forms an integral part of this Agreement.
                                                                                        Article V
                        Article 11
                                                                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,
to be fixed by the country of destination and the
Community by mutual consent.
                                                                                        Article VI
                        Article 111
                                                               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 responsibilities of the Community           international trade. To this end, they shall take any
and of the country of destination, in particular as             measures required to ensure that aid supplies are in
regards delivery and the taking of delivery are defined         addition to, and do not replace, commercial trans­
in Annex II, which forms an integral part of this               actions which might reasonably be expected in the
Agreement.                                                      absence of such supplies .
 ---pagebreak--- 9 . 8 . 74                                Official Journal of the European Communities                             No L 219/7
                           Article VII                               quantities received as aid have been fully used, the
                                                                     quantities distributed, number and nature of the
The country of destination shall take all appropriate                beneficiaries and the places, rate and method of
                                                                     distribution .
measures to prevent :
                                                                                               Article IX
— the re-export of the products received as aid and
     of products derived from them ;                                 The country of destination shall take all appropriate
                                                                     measures to enable those persons duly authorized by
— the export, commercially or otherwise, within six                  the Community to make on the spot observations of
     months from the date of the last delivery, either               the operations connected with the implementation of
     of the products obtained locally which should be                the Agreement.
     of the same kind as that received as aid or of
     processed products derived from them.                                                     Article X
                                                                     At the request of either of them, the Contracting
                          Article VIII
                                                                     Parties shall consult each other on any questions
                                                                     concerning the implementation of this Agreement.
The country of destination undertakes to inform the                                            Article XI
Community of the circumstances surrounding the
implementation of this Agreement. For this purpose,                  This Agreement is drawn up in duplicate in the
it shall communicate to the Commission of the Euro­                  Danish, Dutch, English, French, German and Italian
pean Communities, every three months until the                       languages, each of these texts being authentic.
                                                             ANNEX I
                                                Quality and conditions of packaging
              A. 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/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 .
 ---pagebreak--- No L 219/8                            Official Journal of the European Communities                                9 . 8 . 74
           II. Conditions of packaging
               (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 ;
               (c) marking on the packaging (in French) :
                   'LAIT ÉCRÉMÉ EN POUDRE — DON DE LA COMMUNAUTE ECONOMIQUE
                   EUROPÉENNE A LA REPUBLIQUE DU MALI — A DISTRIBUER GRATUITEMENT.'
           B. Butteroil
            I. Quality requirements
               (a) Characteristics of the product :
                    concentrated milk fat containing no less than 99-8% of pure fat.
               (b) Standard ingredients (analysis made at time of manufacture and packing) :
                    —   moisture and non-fat ingredients of milk : not more than 0-20% ;
                    —   fat : not less than 99-8% ;
                    —   free fatty acids : not more than 0-5 % (expressed as oleic acid) ;
                    —   peroxide level /kg : not more than one unit (in milli equivalents of active oxygen
                        per kg) ;
                    — taste : pure ;
                    — smell : absence of smell extraneous to butteroil .
           II. Conditions of packaging
               (a) Metal cans of 20 kg — one can per carton.
               (b) Marking on the packaging (in French) :
                   'BUTTEROIL — DON DE LA COMMUNAUTE ECONOMIQUE EUROPÉENNE A
                   LA REPUBLIQUE DU MALI — A DISTRIBUER GRATUITEMENT.'
 ---pagebreak--- 9 . 8 . 74                            Official Journal of the European Communities                               No L 219 /9
                                                         ANNEX II
                                    Provisions laid down in Article III of the Agreement
                          Article 1                                                          Article 3
                                                                 The Community shall inform the country of destination of
Delivery shall be effected and all risk shall pass from          the expected date of arrival of the goods at the place of
the Community to the country of destination at the               destination in good time before that date. It shall confirm
moment at which the goods actually arrive at the place of         that date at least two days in advance.
destination .
The country of destination shall pay all costs for taking                                    Article 4
delivery of the goods, any transhipment costs and all             To implement this Annex, the Community shall appoint
costs subsequent to delivery.                                     an authorized agent, whose name and address it shall
                                                                  make known in good time to the country of destination.
Any costs resulting from delays in taking delivery which
are attributable to the country of destination shall be           The country of destination shall appoint a receiving agent
borne by the latter.                                              at each place of delivery, whose name and address it shall
                                                                  make known to the Community before the Agreement
                                                                  is implemented.
                          Article 2
                                                                                             Article 5
The Community shall notify the country of destination             On delivery of the goods the country of destination shall
as soon as possible of the means of transport to be used          hand to the authorized agent of the Community a taking­
to carry the goods to the place of destination, the means         over certificate, stating the place and date of taking over,
of shipment to be used during the intermediary phases,            the nature and the quantity as well as any observations
the date of loading and the quantity and quality of the           about the quality of the goods. It shall send a copy
goods as recorded on shipment from the Community.                 thereof to the Commission of the European Communities.
              Information on the signing of the Agreement on the supply of food aid between the
                              European Economic Community and the Republic of Mali
              The Agreement between the European Economic Community and Mali on the supply
               of skimmed-milk powder and butteroil as food aid, which the Council agreed to
              conclude on 4 June 1974 was signed in Brussels on 5 June 1974 on behalf of the
               Council of the European Communities by :
              Mr Ulrich Lebsanft, Ambassador Extraordinary and Plenipotentiary, Chairman of the
              Permanent Representatives Committee, and
              Mr Hans-Broder Krohn, Director-General for Development and Cooperation, Com­
               mission of the European Communities, on behalf of the Government of Mali by :
               Mr Alioune Sissoko, Ambassador, Representative of Mali to the European Economic
               Community.