CELEX: 21975A0426(02)
Language: en
Date: 1975-02-17 00:00:00
Title: Agreement between the European Economic Community and the Republic of Afghanistan on the supply of skimmed- milk powder as food aid

26. 4. 75                             Official Journal of the European Communities                            No L 107/27
                                                       AGREEMENT
               between the European Economic Community and the Republic of Afghanistan
                                on the supply of skimmed-milk powder as food aid
               THE COUNCIL OF THE EUROPEAN COMMUNITIES,
               of the one part,
               THE GOVERNMENT OF THE REPUBLIC OF AFGHANISTAN,
                of the other part,
                HAVE DECIDED to conclude this Agreement, and to this end have designated as their Plenipotenti­
                aries :
                THE COUNCIL OF THE EUROPEAN COMMUNITIES :
                THE GOVERNMENT OF THE REPUBLIC OF AFGHANISTAN
                WHO HAVE AGREED AS FOLLOWS :
                           Article I                                                    Article IV
The European Economic Community, hereinafter                     The country of destination undertakes to use the
referred to as the 'Community', shall supply the Repu­           product received as aid for consumption and to distri­
blic of Afghanistan, hereinafter referred to as the              bute it free of charge to the needy sections of the
'country of destination', by way of gift, with 300               populations .
 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 Agree­                                     Article V
 ment .
                                                                 The Contracting Parties undertake to implement this
                                                                 Agreement in such a way as to avoid any prejudice to
                           Article II                            the normal structure of domestic production and inter­
                                                                 national trade . To this end, they shall take any
 Deliveries    will   be  made     in accordance   with  the     measures required to ensure that aid supplies are in
 detailed rules set out in Annex II , which forms an inte­       addition , to, and do not replace, commercial transac­
gral part of this Agreement.                                     tions which might reasonably be expected in the
                                                                 absence of such supplies.
                          Article III
                                                                                        Article VI
 The country of destination undertakes to make all
 necessary arrangements for the transport and insur­             The country of destination shall take all appropriate
 ance of the product from point of delivery to places of         measures to prevent :
 destination .
                                                                 — the re-export of the product received as aid and of
 It undertakes to exercise the greatest possible care to             products derived from it,
 ensure that the tendering arrangements for the trans­           — the export, commercially or otherwise, within six
 port by sea shall not be prejudicial to the free play of            months from the date of the last delivery, both of
 fair competition . Any problems arising in this connec­             produce obtained locally which is of the same
 tion shall be the subject of consultations under Article            kind as that received as aid or of products derived
 VIII .                                                              from it .
 ---pagebreak--- No L 107/28                               Official Journal of the European Communities                                   26. 4. 75
                            Article VII                                     number and nature of the beneficiaries ; places,
                                                                            rate and method of distribution .
The country of destination undertakes to inform the
Community of the manner in which this Agreement
is performed . To this end, it shall communicate the                                           Article VIII
following information to the Commission of the Euro­
pean Communities :                                                      At the request of either of them, the Contracting
1 . immediately after the discharge of each cargo : port                Parties shall consult each other on any questions
    and date of arrival of vessel ; nature and quantity of              concerning the implementation of this Agreement.
    the product discharged and any observations as to
    the quality ; date on which discharge was
                                                                                                  Article IX
    completed ; costs of sea transport and of insurance
    relating thereto ;
                                                                        This Agreement is drawn up in duplicate in the
2. every three months until the quantities received as                  Danish, Dutch , English, French, German and Italian
    aid have been fully used : quantities distributed ;                 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) ;
                    (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/ m -' ;
                               one intercalated bag of tar-lined paper of a strength representing at least 140 g/ m 2 ;
                               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/m 2 ;
                              two Kraft paper bags of a strength representing at least 70 /75 g/ m 2 ;
                              one polyethylene inner bag at least 0-10 mm thick, welded or double-bound ;
 ---pagebreak--- 26 . 4 . 75                             Official Journal of the European Communities                                 No L 107 / 29
                            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/m 2 ;
                            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 REPUBLIC OF AFGHANISTAN FOR FREE DISTRIBUTION .
                                                            ANNEX 11
                                        DELIVERY AND ACCEPTANCE PROCEDURES
                          CHAPTER I                                  shall establish by joint agreement the period during which
                                                                     delivery must begin .
                      General provisions
                                                                                             CHAPTER II
                            Article 1
                                                                                   Obligations of the Community
Delivery shall be effected and all risk shall pass from the
Community to the country of destination at the moment at
which the goods are put down at the point of exportation
named by the Commission of the European Communities at                                          Article 4
the berth specified by the country of destination or its agent
referred to in Article 2 and under the terms specified in this
Annex . Without prejudice to Articles 7 and 8 the Commu­             Where the Community is not in a position to carry out
nity shall bear all costs prior to delivery and the country of       delivery on the date and, if applicable, according to the sche­
destination all costs after delivery.                                dule laid down in Article 6, all costs arising for the country
                                                                     of destination — for example , demurrage, void freight and
                                                                     dead freight — shall be borne by the Community.
                            Article 2                                The charges and the arrangements relating to demurrage laid
                                                                     down in the contract concluded between the country of desti­
                                                                     nation and the carrier must have previously been agreed by
For the purpose of implementing the provisions of this               the country of destination and the agent of the Community.
Annex the Community shall appoint — if necessary for each
consignment — an agent whose name and address it shall
make known to the country of destination immediately                 The other costs referred to in the first paragraph shall be
following his appointment. For each port of shipment the             refunded by the Community only if they have been paid by
country of destination shall appoint an agent whose name             the country of destination with the approval of the Commu­
and address it shall make known to the Community with all            nity .
dispatch and if possible before the appointment of the agent
of the Community.
                                                                                                Article 5
                            Article 3                                Where it is impossible for the Community to supply all or
                                                                     part of the goods on the date and within the time limits
                                                                     provided for in Article 6, the agents of the Community and
Before implementing the procedure for appointing the agent           of the country of destination may, without prejudice to
of the Community referred to in Article 2, the Commission            Article 4, agree on a new date and a new time limit for the
of the European Communities and the country of destination           delivery of all the goods or of the undelivered part thereof.
 ---pagebreak--- No L 107/30                             Official Journal of the European Communities                                  26. 4. 75
                       .  CHAPTER III                             Should the new date provided for in the second paragraph be
                                                                  more than 30 clear days after the date for loading provided
        Obligations of the country of destination                 for in the first paragraph of Article 6, the Community may
                                                                  dispose of the goods without prejudice to its commitment
                                                                  under Article I of this Agreement.
                             Article 6
                                                                                             A rticle 8
After contacting the Community, the country of destination
shall procure, to transport all the quantities provided for in    Where the quantity intended for loading on a vessel cannot
Article I of the Agreement, one or more vessels of dimen­         be loaded on board in its entirety, the country of destination
sions corresponding to the normal capacity of the port of         shall inform the Community as soon as possible, and no
shipment ; these vessels must be ready for loading on a date      later than 15 clear days after loading has been completed,
falling within the period referred to in Article 3.               whether it intends to accept or to renounce the balance.
The agent of the country of (destination shall inform the         In the former case the second and third paragraphs of Article
Community of this date and of the date for commencement           7 shall apply to the balance, if delivery has not yet taken
of delivery as soon as he knows them, if possible 20 clear        place .
days in advance and in any case 10 clear days before the date     In the latter case the Community may consider that it has
for commencement of delivery.                                     discharged its commitment to the country of destination
He shall establish with the agent of the Community the sche­      under Article I of this Agreement and shall bear the costs
dule according to which delivery shall take place .               resulting from renunciation .
                                                                  In any event, after an interval of 15 clear days and in the
                             A rticle 7                           absence of any notice on the part of the country of destina­
                                                                  tion , renunciation shall be deemed to have taken place .
Where the country of destination is unable to begin loading
on the date provided for in the first paragraph of Article 6,                                Article 9
the agent of the country of destination shall inform the agent
of the Community without delay.                                   Upon delivery of the goods, the country of destination shall
                                                                  hand over to the authorized agent of the Community a certifi­
In this event the agents of the Community and of the              cate of acceptance which shall set out the port of shipment,
country of destination may agree on a new date for the            date of acceptance and the nature and quantity of the goods
commencement of delivery and, if applicable, a new sche­          accepted, together with any comments on the quality of the
dule . Save in cases of force majeure the costs arising from the  goods. A copy of the certificate shall be sent to the Commis­
delay in loading shall be borne by the country of destination .   sion of the European Communities.
                Information on the signing of the Agreement between the European Economic
                     Community and the Republic of Afghanistan on the supply of food aid
                The Agreement between the European Economic Community and Afghanistan on the
                supply of skimmed-milk powder as food aid, the conclusion of which was decided on by
                the Council on 17 February 1975, was signed at Brussels on 20 February 1975 on behalf
                of the Council of the European Communities by :
                Mr Brendan Dillon , Ambassador Extraordinary and Plenipotentiary, Chairman of the
                Permanent Representatives Committee, and
                Mr Hans-Broder Krohn , Director-General for Development and Cooperation at the
                Commission of the European Communities,
                and on behalf of the Government of the Republic of Afghanistan by :
                Mr Mohammed Akram , Ambassador Extraordinary and Plenipotentiary of Afghanistan in
                France .