CELEX: 21973A1213(11)
Language: en
Date: 1973-11-09 00:00:00
Title: Agreement between the European Economic Community and the Republic of Upper Volta on the supply of skimmed- milk powder as food aid

13 . 12 . 73                       Official Journal of the European Communities                             No L 343 /55
                                                    AGREEMENT
              between the European Economic Community and the Republic of Upper Volta 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 UPPER VOLTA ,
              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 UPPER VOLTA :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                                                    Article IV
The European Economic Community, hereinafter re­               The country of destination undertakes to make all
ferred to as the ' Community', shall supply as a gift          the necessary arrangements for the transport and
to the Republic of Upper Volta, hereinafter referred           insurance of the delivered products from the ports
to as the 'country of destination', 1 800 metric tons          of discharge to their places of destination .
of skimmed-milk powder of the quality and with the
packaging specified in Annex I, which forms an inte­
gral part of this Agreement.                                                           Article V
                         Article II                            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
proposed by the country of destination and accepted
by the Community.
                                                                                      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 Commu­             international trade. To this end, they shall take any
nity and of the country of destination, in particular          measures required to ensure that aid supplies are in
as regards delivery and the taking of delivery are             addition to, and do not replace, commercial trans­
defined in Annex II, which forms an integral part              actions which might reasonably be expected in the
of this Agreement.                                             absence of such supplies .
 ---pagebreak--- No L 343 /56                              Official Journal of the European Communities                               13 . 12. 73
                            Article VII                               2 . every three months until the quantities received
                                                                          as aid have been fully used : quantities distributed,
The country of destination shall take all appropriate                     number and nature of the beneficiaries, places,
measures to prevent :
                                                                          rate and method of distribution .
— the re-export of the products received as aid and
                                                                                               Article IX
    of products derived from them ;
— the export, commercially or otherwise, within six                   The country of destination shall take all appropriate
    months from the date of the last delivery, either                 measures to enable those persons duly authorised by
    of the skimmed-milk powder produced locally                       the Community to make on-the-spot observations of
    which should be of the same kind as that received                 the operations connected with the implementation
     as aid or of processed products derived from it.                 of the Agreement.
                           Article VIII                                                        Article X
The country of destination undertakes to inform the                   At the request of either of them, the Contracting
Community of the circumstances surrounding the                        Parties shall consult each other on any questions
implementation of this Agreement. For this purpose,                   concerning the implementation of this Agreement.
it shall communicate to the Commission of the Euro­
pean Communities the following information :
                                                                                               Article XI
1 . not more than 30 days after the unloading of each
    consignment : port and date of ship 's arrival ;                  This Agreement is drawn up in two copies in the
    kind, quantity and quality of products unloaded ;                 Danish, Dutch, English, French, German and Italian
    date on which discharge was completed ;                           languages, each of these texts being authentic.
                                                             ANNEX I
                                Quality and conditions of packaging of the 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 neutralising 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 gr
                   (k) strength of colon bacillus :               negative in 0-1 gr
                   (D flavour and smell :                         fresh
                   ( m ) appearance :                             white or slightly yellowish, absence of impurities
                                                                  and coloured particles
               IT. Packaging
                   (a) containing 25 kilogrammes net weight ;
                   ( b) composition :
                         ( aa) 4 Kraft paper bags of a strength representing at least 70 g per m2 ;
 ---pagebreak--- 13 . 12. 73                          Official Journal of the European Communities                                   No L 343 /57
                           1 intercalated bag of tar-lined paper of a strength representing at least 140 g per m2 ;
                           1 polyethylene inner bag at least 0-06 mm thick , welded or double-bound ;
                    (bb) or 1 bag of clubpack-poly-duplo-paper of a strength representing at least 50/20/50 g
                           per m2 ;
                          2 Kraft paper bags of a strength representing at least 70/75 g per m2 ;
                           1 polyethylene inner bag at least 0-10 mm thick, welded or double-bound ;
                (c) marking on the packaging (in French) :
                    LAIT ECREME EN POUDRE/DON DE LA COMMUNAUTE ECONOMIQUE
                    EUROPÉENNE A LA RÉPUBLIQUE DE HAUTE-VOLTA
                                                           ANNEX 11
                                   Provisions laid down in Article III of the Agreement
                                                            Article 1
            Delivery shall be effected and all risk shall pass from the Community to the country of destination
            at the moment at which the goods actually arrive at the place of destination.
            The country of destination shall pay all costs for taking delivery of the goods, any transhipment
            costs and all costs subsequent to delivery.
            Any costs resulting from delays in taking delivery which are attributable to the country of destina­
            tion shall be borne by the latter.
                                                            Article 2
            The Community shall notify the country of destination as soon as possible of the means of trans­
            port to be used to carry the goods to the place of destination, the means of shipment to be used
            during the intermediary phases, the date of loading and the quantity and quality of the goods
            as recorded on shipment from the Community.
                                                            Article 3
            The Community shall inform the country of destination of the expected date of arrival of the
            goods at the place of destination in good time before that date. It shall confirm that date at least
            two days in avdance .
                                                            Article 4
            To implement this Annex , the Community shall appoint an authorized agent, whose name and
            address it shall make known in good time to the country of destination.
            The country of destination shall appoint a receiving agent at each place of delivery, whose name
            and address it shall make known to the Community before the Agreement is implemented .