CELEX: 
Language: en
Date: 1975-03-24 00:00:00
Title: Council Decision of 17 February 1975 on the conclusion of the Agreement between the European Economic Community and the Eastern Republic of Uruguay on the supply of skimmed-milk powder as food aid #Agreement between the European Economic Community and the Eastern Republic of Uruguay on the supply of skimmed-milk powder as food aid

No L 75/34                      Official Journal of the European Communities                    24. 3 . 75
                                            COUNCIL DECISION
                                             of 17 February 1975
           on the conclusion of the Agreement between the European Economic Community and
           the Eastern Republic of Uruguay on the supply of skimmed-milk powder as food aid
                                                 (75/181 /EEC)
           THE COUNCIL OF 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 by Regulation (EEC) No 1827/74, the Council has decided to make 100 metric
           tons of skimmed-milk powder available to the Eastern Republic of Uruguay,
           HAS DECIDED AS FOLLOWS :
                                                   Article 1
           The Agreement between the European Economic Community and the Eastern Republic
           of Uruguay on the supply of skimmed-milk powder as food aid is hereby concluded on
           behalf of the Community.
           The text of the Agreement is annexed to this Decision.
                                                   Article 2
           The President of the Council is hereby authorized to designate the persons empowered
           to sign the Agreement, and to confer on them the powers necessary to bind the
           Community.
           Done at Brussels, 17 February 1975 .
                                                                      For the Council
                                                                        The President
                                                                           R. RYAN
 ---documentbreak--- 24. 3 . 75                           Official Journal of the European Communities                            No L 75 /35
                                                     AGREEMENT
              between the European Economic Community and the Eastern Republic of Uruguay on
                                  the supply of skimmed-milk powder as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE GOVERNMENT OF THE EASTERN REPUBLIC OF URUGUAY,
              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 EASTERN REPUBLIC OF URUGUAY :
              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.
Eastern Republic of Uruguay, hereinafter referred to
as the 'country of destination', by way of gift, with                                    Article IV
100 metric tons of skimmed-milk powder, of which
the quality and packaging requirements are specified            The country of destination undertakes to use the
in Annex I, which forms an integral part of this                product received as aid for consumption and to
Agreement.                                                      distribute it free of charge to the needy populations.
                          Article 11
                                                                                          Article V
Deliveries will be made in accordance with the
detailed rules set out in Annex II which forms an
                                                                The Contracting Parties undertake to implement this
                                                                Agreement in such a way as to avoid any prejudice
integral part of this Agreement.                                to the normal structure of domestic production and
                                                                international trade. To this end, they shall take any
                         Article 111
                                                                measures required to ensure that aid supplies are in
                                                                addition to, and do not replace, commercial
                                                                transactions which might reasonably be expected in
The country of destination undertakes to make all               the absence of such supplies.
necessary arrangements for the transport and
insurance of the product from point of delivery to
places of destination.                                                                   Article VI
It undertakes to exercise the greatest possible care to         The country of destination shall take all appropriate
ensure that the tendering arrangements for the                  measures to prevent :
 ---pagebreak---  No L 75 /36                              Official Journal of the European Communities                            24. 3 . 75
— the re-export of the product received as aid and                    2 . every three months until the quantities received
    of products derived from it;                                          as aid have been fully used : quantities
                                                                          distributed; number and nature of the
— the export, commercially or otherwise, within six                       beneficiaries ; places, rate and method of
    months from the date of the last delivery, of a                       distribution .
    product obtained locally which is of the same
    kind as that received as aid.
                                                                                                Article VIII
                            Article VII
                                                                     At the request of either of them, the Contracting
The country of destination        undertakes to inform the            Parties shall consult each other on any questions
Community of the manner            in which this Agreement            concerning the implementation of this Agreement.
is performed. To this end,        it shall communicate the
following information to           the Commission of the
European Communities :
                                                                                                Article IX
1 . immediately after the discharge of each cargo:
    port and date of arrival of vessel ; nature and                  This Agreement is drawn up in duplicate in the
    quantity of the product discharged and any                       Danish, Dutch, English, French, German, Italian and
    observations as to the quality; date on which                    Spanish languages, each of these texts being
    discharge was completed ;                                        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 °/o ( 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 °/o);
                    (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.
 ---pagebreak--- 24 . 3 . 75                              Official Journal of the European Communities                                 No L 75 /37
                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 Spanish):
                          LECHE DESNATADA EN POLVO DONATIVO DE LA COMUNIDAD ECONO­
                          MICA EUROPEA A LA REPUBLICA ORIENTAL DEL URUGUAY DESTINADO A
                          DISTRIBUCIÓN GRATUITA.
                                                               ANNEX II
                                          DELIVERY AND ACCEPTANCE PROCEDURES
                           CHAPTER I                                                               Article 2
                                                                        For the purpose of implementing the provisions of this
                        General provisions                              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
                             Article 1                                  immediately following his appointment. For each port of
                                                                        shipment the country of destination shall appoint ^ an
                                                                        agent whose name and address it shall make known to
 Delivery shall be effected and all risk shall pass from the
 Community to the country of destination at the moment                  the Community with all dispatch and if possible before
 at which the goods are put down at the point of                        the appointment of the agent of the Community.
 exportation named by the Commission of the European                                                Article 3
 Communities at the berth specified by the country of
 destination or its agent referred to in Article 2 and under            Before implementing the procedure for appointing the
 the terms specified in this Annex. Without prejudice to                agent of the Community referred to in Article 2, the
 Articles 7 and 8 the Community shall bear all costs prior              Commission of the European Communities and the
 to delivery and the country of destination all costs after             country of destination shall establish by joint agreement
 delivery.                                                              the period during which delivery must begin.
 ---pagebreak--- No L 75 /38                             Official Journal of the European Communities                                   24. 3 . 75
                          CHAPTER II                               He shall establish with the agent of the Community the
                                                                   schedule according to which delivery shall take place.
               Obligations of the Community
                                                                                               Article 7
                             Article 4
Where the Community is not in a position to carry out              Where the country of destination is unable to begin
delivery on the date, and if applicable, according to the          loading on the date provided for in the first paragraph of
schedule laid down in Article 6, all costs arising for the         Article 6, the agent of the country of destination shall
country of destination — for example, demurrage, void              inform the agent of the Community without delay.
freight and dead freight — shall be borne by the                   In this event the agents of the Community and of the
Community.                                                         country of destination may agree on a new date for the
                                                                   commencement of delivery and, if applicable, a new
The charges and the arrangements relating to demurrage             schedule. Save in cases of force majeure, the costs arising
laid down in the contract concluded between the country            from the delay in loading shall be borne by the country
of destination and the carrier must have previously been           of destination.
agreed by the country of destination and the agent of the
Community.                                                         Should the new date provided for in the second
                                                                   paragraph be more than 30 clear days after the date for
The other costs referred to in the first paragraph shall be        loading provided for in the first paragraph of Article 6,
refunded by the Community only if they have been paid              the Community may dispose of the goods without
by the country of destination with the approval of the             prejudice to its commitment under Article I of this
Community.                                                         Agreement.
                              Article S                                                       Article 8
Where it is impossible for the Community to supply all             Where the quantity intended for loading on a vessel
or part of the goods on the date and within the time                cannot be loaded on board in its entirety, the country of
limits provided for in Article 6, the agents of the                 destination shall inform the Community as soon as
Community and of the country of destination may,                    possible, and no later than 15 clear days after loading
without prejudice to Article 4, agree on a new date and a          has been completed, whether it intends to accept or to
                                                                    renounce the balance.
new time limit for the delivery of all the goods or of the
undelivered part thereof.                                           >In the former case the second and third paragraphs of
                                                                    Article 7 shall apply to the balance, if delivery has not
                                                                   yet taken place.
                            CHAPTER III                              In the latter case the Community may consider that it has
                                                                     discharged its commitment to the country of destination
          Obligations of the country of destination                  under Article I of this Agreement and shall bear the costs
                                                                     resulting from renunciation.
                              Article 6                              In any event, after an interval of 15 clear days and in the
                                                                     absence of any notice on the part of the country of
 After contacting the Community, the country of                      destination, renunciation shall be deemed to have taken
 destination shall procure, to transport all the quantities          place.
 provided for in Article I of the Agreement, one or more
 vessels of dimensions corresponding to the normal                                             Article 9
 capacity of the port of shipment; these vessels must be
 ready for loading on a date falling within the period               Upon delivery of the goods, the country of destination
 referred to in Article 3 .
                                                                     shall hand over to the authorized agent of the
                                                                     Community a certificate of acceptance which shall set
 The agent of the country of destination shall inform the            out the port of shipment, date of acceptance and the
 Community of this date and of the date for                          nature and quantity of the goods accepted, together with
 commencement of delivery as soon as he knows them, if               any comments on the quality of the goods. A copy of the
 possible 20 clear days in advance and in any case 10                certificate shall be sent to      the Commission of the
 clear days before the date for commencement of delivery.            European Communities.
 ---documentbreak--- NA ---documentbreak--- 24. 3 . 75                    Official Journal of the European Communities                   No L 75/39
           Information on the signing of the Agreement between the European Economic
                Community and the Eastern Republic of Uruguay on the supply of food aid
           The Agreement between the European Economic Community and Uruguay on the
           supply of skimmed-milk powder as food aid which the Council decided to conclude
           on 17 February 1975, was signed in 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 Jean Durieux, Director-General for Development and Cooperation at the
           Commission of the European Communities,
           and on behalf of the Government of the Eastern Republic of Uruguay by :
           Mr Griinwaldt-Ramasso, Ambassador Extraordinary and Plenipotentiary, Head of the
           Uruguayan Mission to the European Economic Community.