CELEX: 
Language: en
Date: 1973-12-13 00:00:00
Title: Council Decision of 9 November 1973 concluding the Agreement between the European Economic Community and the Islamic Republic of Mauritania on the supply of skimmed-milk powder as food aid #Agreement between the European Economic Community and the Islamic Republic of Mauritania on the supply of skimmed-milk powder as food aid

13 . 12. 73                        Official Journal of the European Communities                         No L 343 /25
                                                COUNCIL DECISION
                                                 of 9 November 1973
            concluding the Agreement between the European Economic Community and the Islamic
                 Republic of Mauritania on the supply of skimmed-milk powder as food aid
                                                     (73/383/EEC)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
            Having regard to the Treaty establishing the European Economic Community, and in
            particular Articles 113 , 11.4 and 228 thereof;
            Having regard to the Recommendation from the Commission ;
            Whereas by Council Regulation (EEC) No 1264/73 (*) of 14 May 1973 on the supply of
            skimmed-milk powder as food aid to the countries of the Sahel, it was decided to make
            1 800 metric tons of skimmed-milk powder available to the Islamic Republic of Mau­
            ritania;
            Whereas the procedure for fixing the place of destination, referred to in Article II of the
            Agreement should be specified,
            HAS DECIDED AS FOLLOWS :
                                                       Article 1
            The Agreement between the European Economic Community and the Islamic Republic
            of Mauritania on the supply of skimmed-milk powder as food aid, the text of which is
            annexed hereto, is hereby concluded on behalf of the Community.
                                                       Article 2
            The acceptance referred to in Article II of the Agreement shall be given for the Com­
            munity by the Commission.
                                                       Article 3
            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 Com­
            munity.
            Done at Brussels, 9 November 1973 .
                                                                                  For the Council
                                                                                   The President
                                                                                 Per HAEKKERUP
            H OJ No L 129 , 16 . 5 . 1973 , p. 27.
 ---documentbreak--- No L 343 /26                       Official Journal of the European Communities                            13 . 12. 73
                                                    AGREEMENT
             between the European Economic Community and the Islamic Republic of Mauritania
                                 on the supply of skimmed-milk powder as food aid
             THE COUNCIL OF THE EUROPEAN COMMUNITES ,
             of the one part,
             THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF MAURITANIA ,
             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 ISLAMIC REPUBLIC OF MAURITANIA :
             WHO HAVE AGREED AS FOLLOWS :
                         Article I                                                 Article  V
The European Economic Community , hereinafter                The recipient country undertakes to use the products
referred to as the ' Comunity', shall supply as a            received as aid for consumption and to distribute
gift to the Islamic Republic of Mauritania, herein­          them free of charge to the needy populations .
after referred to as the 'country of destination',
1 800 metre tons of skimmed-milk powder of the                                     Article VI
quality and with the packaging specified in Annex I,
which forms an integral part of this Agreement .             The Contracting Parties undertake to implement this
                                                             Agreement in such a way as to avoid any prejudice
                        Article 11
                                                             to the normal structure of domestic production and
                                                             international trade. To this end, they shall take any
Deliveries shall be made to the place of destination         measures required to ensure that aid supplies are in
proposed by the country of destination and accepted          addition to, and do not replace, commercial trans­
 by the Community.                                           actions which might reasonably be expected in the
                                                             absence of such supplies .
                       Article III
                                                                                   Article VII
The obligations and responsibilities of the Com­
munity and of the country of destination, in particu­        The country of destination shall take all appropriate
lar as regards delivery and the taking of delivery are
                                                             measures to prevent :
defined in Annex II, which forms an integral part of
this Agreement.                                              — the re-export of the products received as aid and
                                                                 of products derived from them ;
                       Article IV
                                                             — the export, commercially or otherwise, within six
The country of destination undertakes to make all                months from the date of the last delivery, either
the necessary arrangements for the transport and                 of the skimmed-milk powder produced locally
insurance of the delivered products from the ports               which should be of the same kind as that received
of discharge to their places of destination.                     as aid or of processed products derived from it.
 ---pagebreak--- 13 . 12. 73                               Official Journal of the European Communities                                  No L 343 /27
                            Article VIII                                 the Community to make on-the-spot observations of
                                                                         the operations connected with the implementation of
The country of destination undertakes to inform the                      the Agreement.
Community of the circumstances surrounding the
implementation of this Agreement. For this purpose,
it shall communicate to the Commission of the Euro­
pean Communities the following information :                                                       Article X
( 1 ) not more than thirty days after the unloading of
      each consignment : port and date of ship 's arrival ;
      kind, quantity and quality of products unloaded ;                  At the request of either of them, the Contracting Par­
      date on which discharge was completed ;                            ties shall consult each other on any questions con­
                                                                         cerning the implementation of this Agreement.
(2) every three months until the quantities received
      as aid have been fully used : quantities distributed,
      number and nature of the beneficiaries, places,
      rate and method of distribution .                                                            Article XI
                             Article IX
                                                                         This Agreement is drawn up in two copies in the
The country of destination shall take all appropriate                    Danish, Dutch, English, French, German and Italian
measures to enable those persons duly authorized by                       languages, each of these texts being authentic.
                                                                ANNEX 1
                                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 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 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
               II . Packaging
                    (a) containing 25 kilogrammes net weight ;
                    ( b) composition :
                         ( aa) 4 Kraft paper bags of a strength representing at least 70 g per m2 ;
                                 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-polv-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 ;
 ---pagebreak--- No L 343 /28                          Official Journal of the European Communities                                13 . 12. 73
                 (c) marking on the packaging (in French ) :
                     LAIT ÉCRÉMÉ EN POUDRÉ/DON DE LA COMMUNAUTÉ ECONOMIQUE
                     EUROPÉENNE A LA RÉPUBLIQUE ISLAMIQUE DE MAURITANIE
                                                           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 davs in advance .
                                                             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 .
 ---documentbreak--- NA ---documentbreak--- 13 . 12 . 73                      Official Journal of the European Communities                   No L 343 /29
             Information concerning the signing of the Agreement between the European Economic
                 Community and the Islamic Republic of Mauritania on the supply of food aid
             The Agreement between the European Economic Community and the Islamic Republic
             of Mauritania on the supply of skimmed-milk powder as food aid, which the Council
             decided to conclude on 9 November 1973 , was signed in Brussels on 12 November 1973
             on behalf of the Council of the European Communities by
             Mr Niels Ersbøll, 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 Islamic Republic of Mauritania by Mr Ely
             Ould Allaf, Ambassador, Representative of that Government to the European Economic
             Community.