CELEX: 21974A0612(01)
Language: en
Date: 1974-06-10 00:00:00
Title: Agreement between the European Economic Community and the Republic of Niger on the supply of skimmed-milk powder and butteroil as food aid

9 . 8 . 74                           Official Journal of the European Communities                         No L 219/ 15
                                                    AGREEMENT
              between the European Economic Community and the Republic of Niger on the supply
                                  of skimmed-milk powder and butteroil as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
              of the one part,
              THE GOVERNMENT OF THE REPUBLIC OF NIGER ,
              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 :
              HIE GOVERNMENT OF THE REPUBLIC OF NIGER :
              WHO HAVE AGREED AS FOLLOWS :
                          Article 1                             in Annex II, which forms an integral part of this
                                                                Agreement.
The European Economic Community, hereinafter
referred to as the ' Community', shall supply as a
gift to the Republic of Niger, hereinafter referred to                                 Article IV
as the 'country of destination', 3 200 metric tons of
skimmed-milk powder and 1 450 metric tons of                    The country of destination undertakes to make all the
butteroil of the quality and with the packaging speci­          necessary arrangements for the transport and in­
fied in Annex I, which forms an integral part of this           surance of the delivered products from the place of
Agreement.                                                      destination .
                                                                                        Article V
                         Article II
                                                                The recipient country undertakes to use the products
Deliveries shall be made to the place of destination,           received as aid for consumption and to distribute
to be fixed by the country of destination and the               them free of charge to the needy populations.
Community by mutual consent.
                                                                                       Article VI
                         Article III
                                                                The Contracting Parties undertake to implement this
                                                                Agreement in such a way as to avoid any prejudice
The obligations and responsibilities of the Community           to the normal stucture of domestic production and
and of the country of destination, in particular as             international trade. To this end, they shall take any
regards delivery and the taking of delivery are defined         measures required to ensure that aid supplies are in
 ---pagebreak--- No L 219/ 16                           Official Journal of the European Communities                                 9 . 8 . 74
addition to, and do not replace, commercial trans­                  quantities distributed, number and nature of the
actions which might reasonably be expected in the                   beneficiaries and the places, rate and method of
absence of such supplies.                                           distribution.
                         Article VII                                                          Article IX
The country of destination shall take all appropriate               The country of destination shall take all appropriate
measures to prevent :                                               measures to enable those persons duly authorized by
— the re-export of the products received as aid and                 the Community to make on the spot observations of
    of products derived from them ;                                 the operations connected with the implementation of
                                                                    the Agreement.
— the export commercially or otherwise, within six
    months from the date of the last delivery, either
    of the products obtained locally which should be                                          Article X
    of the same kind as that received as aid or of
    processed products derived from them.
                                                                    At the request of either of them, the Contracting
                                                                    Parties shall consult each other on any questions
                         Article VIII                               concerning the implementation of this Agreement.
The country of destination undertakes to inform the
Community of the circumstances surrounding the                                                Article XI
implementation of this Agreement. For this purpose,
it shall communicate to the Commission of the Euro­                 This Agreement is drawn up in duplicate in the
pean Communities, every three months until the                      Danish, Dutch, English, French, German and Italian
quantities received as aid have been fully used, the                languages, each of these texts being authentic.
                                                           ANNEX I
                                               Quality and conditions of packaging
             A. 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% ( 1S J 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/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--- 9 . 8 . 74                             Official Journal of the European Communities                                No L 219/17
           II, Conditions of packaging
                 (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 ;
                 (c) marking on the packaging (in French) :
                    ' LAIT ÉCRÉMÉ EN POUDRE — DON DE LA COMMUNAUTE ECONOMIQUE
                    EUROPÉENNE A LA REPUBLIQUE DU NIGER — A DISTRIBUER GRATUITEMENT.'
           B. Butteroil
            I. Quality requirements
                (a) Characteristics of the product :
                      concentrated milk fat containing no less than 99-8% of pure fat
                ( b) Standard ingredients ( analysis made at time of manufacture and packing) :
                      — moisture and non-fat ingredients of milk : not more than 0-20% ;
                      — fat : not less than 99-8% ;
                      — free fatty acids : not more than 0-5% (expressed as oleic acid);
                      — peroxide level/kg : not more than one unit (in milli equivalents of active oxygen
                          per kg) ;
                      — taste : pure ;
                      — smell : absence of smell extraneous to butteroil .
           II . Conditions of packaging
                (a) Metal cans of 20 kg — one can per carton.
                (b) Marking on the packaging (in French ) :
                    'BUTTEROIL — DON DE LA COMMUNAUTE ECONOMIQUE EUROPÉENNE A
                    LA REPUBLIQUE DU NIGER — A DISTRIBUER GRATUITEMENT.'
 ---pagebreak---  No L 219/ 18                          Official Journal of the European Communities                                     9 . 8 . 74
                                                          ANNEX U
                                     Provisions laid down in Article III of the Agreement
                           Article 1                                                           Article 3
                                                                   The Community shall inform the country of destination
 Delivery shall be effected and all risk shall pass from the       of the expected date of arrival of the goods at the place
Community to the country of destination at the moment              of destination in good time before that date. It shall
at which the goods actually arrive at the place of desti­          confirm that date at least two days in advance .
nation .
                                                                                               Article 4
The country of destination shall pay all costs for taking
delivery of the goods, any transhipment costs and all              To implement this Annex, the Community shall appoint
costs subsequent to delivery.                                      an authorized agent, whose name and address it shall
                                                                   make known in good time to the country of destination .
Any costs resulting from delays in taking delivery which
are attributable to the country of destination shall be            The country of destination shall appoint a receiving agent
borne by the latter.                                               at each place of delivery, whose name and address it shall
                                                                   make known to the Community before the Agreement is
                                                                   implemented .
                          Article 2
                                                                                              Article 5
The Community shall notify the country of destination              On delivery of the goods the country of destination shall
as soon as possible of the means of transport to be used           hand to the authorized agent of the Community a taking­
to carry the goods to the place of destination, the means          over certificate, stating the place and date of taking over,
of shipment to be used during the intermediary phases,             the nature and the quantity as well as any observations
the date of loading and the quantity and quality of the            about the quality of the goods. It shall send a copy
goods as recorded on shipment from the Community.                  thereof to the Commission of the European Communities.
               Information on the signing of the Agreement on the supply of food aid between the
                              European Economic Community and the Republic of Niger
               The Agreement between the European Economic Community and Niger on the supply
               of skimmed-milk powder and butteroil as food aid, which the Council agreed to
               conclude on 10 June 1974, was signed in Brussels on 12 June 1974 on behalf of the
               Council of the European Communities by :
               Mr Ulrich Lebsanft, Ambassador Extraordinary and Plenipotentiary, Chairman of the
               Permanent Representatives Committee, and
               Mr Hans-Broder Krohn, Director-General for Development and Cooperation, Com­
               mission of the European Communities, on behalf of the Government of Niger by :
               Mr Jean Poisson, Ambassador, Representative of Niger to the European Economic
               Community.