CELEX: 51973PC0263
Language: en
Date: 1973-02-16 00:00:00
Title: Recommendation for a COUNCIL DECISION concluding the agreement between the European Economic Community and the Lebanese Republic on 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 (73) 263
Vol. 1973/0040
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(73)263 final
                                                 Brussels , 16 February 1973
                               Recommendation for a
                                  COUNCIL DECISION
                  concluding the agreement "between the European
                  Economic Community and the Lebanese Republic
                  on the supply of skimmed milk powder as food
                                        aid
                  ( submitted to the Council by the Commission )
   COK(73 ) 263 final
 ---pagebreak--- TIIE COUNCIL OP THE EUROPEAN COMUIJITIES ,
Having regard to the Treaty establishing the European Economic Community, and
in particular Articles 113 , 114 and- 228 theredf :
Having regard to the recommendation from tho Commission ;
Whereas the Council in Regulation (EEC) Ho 2721/72^^ on the supply of
skimmed milk powder as food aid decided to make 250 metric tons of skimmed
milk powder available to the Lebanese Republic ;
EAS DECIDED :
                                   Article 1
An agreement between the European Economic Community and the Lebanese
Republic on the supply of skimmed milk powder as food aid is hereby
concluded on behalf of the European Economic Community ,   The text of tho
Agreement is annexed to this Decision .
                                   Article 2
The President of the, Council is authorized to designate the persons
empowered to sign the Agreement and to confer on them the powers required
in order to bind the Community .
Done at Erussels ,                   19-–.            For the Council
                                                      The President
1 0J No L 291 , 28 December 1972. p. 28 .
 ---pagebreak---                   AGREEMENT
EETWEJjTT TIIE EUR0FEA1T ECONOMIC COIJMJMTY
                       Α2®
           TKE LEBAKESE REPUBLIC
  OH THE SUPPLY OF SKIMM3D MILK POWDER
                 AS POOD AID
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                                   of the one part ,
THE GOVERNMENT OF THE LEBANESE REPUBLIC,
                                                   of the other part ,
HAVE DECIDED to conclude this Agreement , and for this purpose have named
as plenipotentiaries :
THE COUNCIL OP THE EUROPEAN COMMUNITIES :
THE GOVERKIENT OP THE LEBANESE REPUBLIC :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                   Article 1
The European Economic Community shall supply free to the Lebanese Republic,
hereinafter referred tb as "receiving country ", 250 metric tons of skimmed,
milk powder of the quality , and packaged as specified in Annex I ,
which forms an integral part of this Agreement .
                                  Article 2
The deliveries shall be made cif to ports of unloading in the receiving
country .
                                  Article 3
The duties and obligations of the European Economic Community and of   the
receiving country, in particular as regards delivery and acceptance,   are
defined in Annex II , which forms an integral part of this Agreement .
                                  Article 4
The receiving country undertakes to make all the necessary arrangements
for the transport and insurance of the deliveries , from the ports of
unloading to their destinations .  .
                                  Article 5
The receiving country undertakes to use the product received as aid for
human consumption and to distribute it free - to the refugee populations .
 ---pagebreak---                                   Article 6
The contracting parties undertake to so implement this Agreement as to
avoid any damage to the normal structure of national production and inter­
national trade . For this purpose, they shall take the necessary steps to
ensure that the supplies of aid are additional to and are not in lieu of
trading operations which could reasonably he expected in the absence of
such supplies .
                                  Article 7
The receiving country shall take the appropriate steps to prevent :
- reexport of the product received as aid suid any products derived
  therefrom ;
– the export for trade or otherwise, within six months from the date of
  the last delivery, "both of locally-produced skimmed milk powder of the
  same kind as that received as aid and of processed products derived
  therefrom .
                                  Article 8
The receiving country undertakes to inform the European Economic Community
of the circumstances surrounding the implemention of this Agreement . For
this purpose, it shall communicate to the Commission of the European
Communities the following information :
– thirty days at the latest after the unloading of each consignment :
  port and date of ship 's arrival ; kind, quantity and quality of products
  unloaded ;  date on which unloading was completed ;
– every three months until the quantities received as aid have been used up
  quantities distributed, number and nature of the beneficiaries , places ,
  rate and manner of distribution .
 ---pagebreak---                                  Article 9
The receiving country shall take all appropriate steps to enable those
persons duly authorized "by the European Economic Community to make on the
spot observations of the operations connected with the implementation of
the Agreement .
                                 Article 10
At the request of either party , the contracting parties shall consult one
another on all questions concerning the application of this Agreement .
                                 Article 11
This Agreement is drawn up in two copies in the Danish, Dutch, English,
French. German and Italian languages , these texts "being equally authentic
 ---pagebreak---                                                                      ANHEX I
                                    SKIMMED MILK POWDER
 I.  Quality requirements
       a    fat content                       not exceeding 1 . 5/'°
     0») vrat er content                      not exceeding A-«0,o
       o) total aoidity ( lactic acid )       not exceeding 0.15^ ( 1 3 Domic )
     W      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)
     Ci )   germ content                      not exceeding 50 000 per gr
     00     strength of colon bacillus        negative in 0.1 gr
       1    flavour and smell                 fresh
     (m )   appearance                        white or slightly yellowish, absence
                                              of impurities and coloured particles
II . Packaging
     ( a)   containing 25 kilogrammes net weight ;
     (b )   composition ;
            ( aa) 4 Kraft paper bags of a strength representing at least
                             2
                   70 g per m ;
                   1 intercalated bag of tar-lined paper of a strength representing
                                           2
                   at least 140 g per m }
                   1 polyethylene inner bag at least 0.06 mm thick, welded or
                   double–bound ; '      ■
         or (bb ) 1 bag of clubpack-poly-duplo–paper of a strength representing
                   at least 50/20/50 g per m^j
                   2 Kraft paper bags of a strength representing at least
                   70/75 S per m2 ;
                   1 polyethylene inner bag at least 0.10 mm thick , welded or double-
                   bound
     ( c ) marking on the packaging, in French :
                  SKBEED ÎÏÏLK P0MDER
                  GIFT OP THE EUROPEAIT ECONOMIC COMMUNITY TO
 ---pagebreak---                    AMEK TO ARTICLE III OP THE AGREEMEM1
                               Article 1
Delivery shall be completed and the risks shall pass from "the European
Economic Community to the receiving country as soon as the goods are
aotually taken in charge in the ship 's hold at the port of unloading.
The receiving country shall "bear all costs subsequent to delivery of the
goods , including the costs of unloading (breaking bulk, hoisting, taking
delivery, for example ) as well as any lighterage costs .
Any demurrage costs or dispatch money at the port of unloading shall , as
the case may be, be borne by or paid to the receiving country . The rates
and conditions of payment applying to any contract between the Community
agent referred to in Article 4 and "the carrier must have been previously
agreed between that agent and the receiving country 's agent referred to. in
the same Article . ■ •. ,
                               Article 2
The European Economic Community shall forward to the receiving country ,
as soon as possible after the goods have been shipped, a notioe giving
the name of the ship , the date of loading, the quantity and quality of
the goods on loading and the port of unloading.
                               Article 3
The European Economic Community shall inform the receiving country of the
ship 's presumed date of arrival at the port of unloading at least ten
clear days before that date .
 ---pagebreak--- The European Economic Community shall cause to be inserted in the charter-
party an undertaking "by the captain to give to the receiving country at
least 72 hours * notice of the probable date of the ship 's arrival in the
port .
                               Article 4
The European Economic Community shall appoint an agent to implement the
provisions of this Annex, and shall , in good time , forward the latter * s
name and address to the receiving country .
The receiving country shall appoint an agent in each port of unloading,
and shall forward the latter 's name and address to the European Economic
Community prior to implementation of the Agreement .