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 Republic of Indonesia on the supply of skimmed-milk powder as food aid #Agreement between the European Economic Community and the Republic of Indonesia on the supply of skimmed-milk powder as food aid

No L 75/28                      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 Republic of Indonesia on the supply of skimmed-milk powder as food aid
                                                  (75/ 180/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;
                    f"
           Whereas by Regulation (EEC) No 1827/74, the Council has decided to make 250 metric
           tons of skimmed-milk powder available to the Republic of Indonesia,
           HAS DECIDED AS FOLLOWS :
                                                     Article 1
           The Agreement between the European Economic Community and the Republic of
           Indonesia 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 75/29
                                                      AGREEMENT
              between the European Economic Community and the Republic of Indonesia 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 INDONESIA ,
              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 REPUBLIC OF INDONESIA :
              WHO HAVE AGREED AS FOLLOWS :
                         Article 1                               this connection shall be the subject of consultations
                                                                 under Article VIII.
The European Economic Community, hereinafter
 referred to as the 'Community', shall supply the                                       Article IV
 Republic of Indonesia, hereinafter referred to as the
 'country of destination', by way of gift, with 250              The country of destination undertakes to use the
 metric tons of skimmed-milk powder, of which the                product received as aid for purposes of consumption
 quality and packaging requirements are specified in             and to apply, for the sale of the product on its
 Annex I, which forms an integral part of this                   market, the prices normally charged on that market
 Agreement.                                                      for products of comparable quality.
                          Article 11
                                                                 The proceeds from this sale, less the costs of sea
                                                                 transport, of insurance and the normal cost of selling
 Deliveries will be made in accordance with the                  the product on the market of the country of
 detailed rules set out in Annex II which forms an               destination, shall be paid into a special account at
 integral part of this Agreement.                                the central bank of that country until the total
                                                                 quantity of the product received as aid has been
                          Article 111                            sold. The proceeds from this sale shall then be
                                                                 transferred to the development budget of the country
 The country of destination undertakes to make all               of destination for the financing of development
 necessary arrangements for the transport and                    projects .
 insurance of the product from point of delivery to
 places of destination.                                                                  Article V
 It undertakes to exercise the greatest possible care to         The Contracting Parties undertake to implement this
 ensure that the tendering arrangements for the                   Agreement in such a way as to avoid any prejudice
 transport by sea shall not be prejudicial to the free            to the normal structure of domestic production and
 play of fair competition . Any problems arising in               international trade. To this end they shall take any
 ---pagebreak---  No L 75/30                            Official Journal of the European Communities                               24. 3 . 75
measures required to ensure that aid supplies are in               2. every three months until the quantities received
addition to, and do not replace, commercial                            as aid have been fully used : quantities sold, how
transactions which might reasonably be expected in                     they have been sold, selling prices ; normal selling
the absence of such supplies.                                          costs on the market of the country of destination;
                                                                       insurance costs and, where appropriate, transport
                          Article VI
                                                                       costs from the port of discharge to the places of
                                                                       destination ;
The country of destination shall take all appropriate
measures to prevent:
                                                                  3 . once the proceeds from the sale have been
                                                                       transferred to the development budget : the
— the re-export of the product received as aid and                     progress and degree of completion of one or
    of products resulting from such supplies;                          more development projects undertaken with the
                                                                       help of Member States, which are given in the
— the export, commercially or otherwise, within six                    1974/75 list of projects forwarded by the country
    months of the last delivery, either of local                       of destination, and the cost of which corresponds
    produce of the same nature as that received as                     approximately to the proceeds from the sale of
    aid or of any products resulting from it.                          the goods received as aid.
                         Article VII
                                                                                          Article VIII
The country of destination undertakes to inform the
Community of the mode of implementation of this                   At the request of either of them, the Contracting
Agreement. To this end it shall provide the                       Parties shall consult each other on any questions
Commission of the European Communities with the                   concerning the implementation of this Agreement.
following information :
1 . immediately after the discharge of each cargo :                                        Article IX
    port and date of arrival of vessel ; nature and
    quantity of the product discharged and any
    observations as to the quality; date on which                 This Agreement shall be drawn up in duplicate in
    discharge was completed; costs of sea transport               the Danish, Dutch, English, French, German and
    and of insurance;                                             Italian languages, each of these texts being 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 °/o ;
                   (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 g;
 ---pagebreak--- 24. 3 . 75                                Official Journal of the European Communities                                  No L 75 /31
                       (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.
                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 English):
                           SKIMMED-MILK POWDER/GIFT OF THE EUROPEAN ECONOMIC COMMUNITY
                           TO THE ISLAMIC REPUBLIC OF INDONESIA
                                                                 ANNEX II
                                           DELIVERY AND ACCEPTANCE PROCEDURES
                              CHAPTER I                                   Articles 7 and 8 the Community shall bear all costs prior
                                                                          to delivery and the country of destination all costs after
                         General provisions                               delivery.
                                                                                                     Article 2
                                Article 1
                                                                          For the purpose of implementing the provisions of this
                                                                          Annex the Community shall appoint — if necessary for
 Delivery shall be effected and all risk shall pass from the              each consignment — an agent whose name and address it
 Community to the country of destination at the moment                    shall make known to the country of destination
 at which the goods are put down at the point of                          immediately following his appointment. For each port of
 exportation named by the Commission of the European                      shipment the country of destination shall appoint an
 Communities at the berth specified by the country of                     agent whose name and address it shall make known to
 destination or its agent referred to in Article 2 and under              the Community with all dispatch and if possible before
 the terms specified in this Annex. Without prejudice to                  the appointment of the agent of the Community.
 ---pagebreak--- No L 75/32                             Official Journal of the European Communities                                 24. 3 . 75
                             Article 3                           commencement of delivery as soon as he knows them, if
                                                                 possible 20 clear days in advance and in any case 10
Before implementing the procedure for appointing the             clear days before the date for commencement of delivery.
agent of the Community referred to in Article 2, the
Commission of the European Communities and the                   He shall establish with the agent of the Community the
country of destination shall establish by joint agreement        schedule according to which delivery shall take place.
the period during which delivery must begin.
                                                                                            Article 7
                           CHAPTER II
                                                                 Where the country of destination is unable to begin
               Obligations of the Community                      loading on the date provided for in the first paragraph of
                                                                 Article 6, the agent of the country of destination shall
                             Article 4                            inform the agent of the Community without delay.
                                                                 In this event the agents of the Community and of the
Where the Community is not in a position to carry out            country of destination may agree on a new date for the
delivery on the date, and if applicable, according to the        commencement of delivery and, if applicable, a, new
schedule laid down in Article 6, all costs arising for the       schedule. Save in cases of force majeure, the costs arising
country of destination — for example, demurrage, void            from the delay in loading shall be borne by the country
freight and dead freight — shall be borne by the                 of destination.
Community.
                                                                 Should the new date provided for in the second
The charges and the arrangements relating to demurrage           paragraph be more than 30 clear days after the date for
laid down in the contract concluded between the country          loading provided for in the first paragraph of Article 6,
of destination and the carrier must have previously been         the Community may dispose of the goods without
agreed by the country of destination and the agent of the        prejudice to its commitment under Article I of this
Community.                                                       Agreement.
The other costs referred to in the first paragraph shall be                                 Article 8
refunded by the Community only if they have been paid
by the country of destination with the approval of the           Where the quantity intended for loading on a vessel
Community.                                                       cannot be loaded on board in its entirety, the country of
                                                                 destination shall inform the Community as soon as
                             Article 5                           possible, and no later than 15 clear days after loading
                                                                 has been completed, whether it intends to accept or to
Where it is impossible for the Community to supply all           renounce the balance.
or part of the goods on the date and within the time
limits provided for in Article 6, the agents of the              In the former case the second and third paragraphs of
Community and of the country of destination may,                 Article 7 shall apply to the balance, if delivery has not
without prejudice to Article 4, agree on a new date and a        yet taken place.
new time limit for the delivery of all the goods or of the
undelivered part thereof.                                        In the latter case the Community may consider that it has
                                                                 discharged its commitment to the country of destination
                                                                 under Article I of this Agreement and shall bear the costs
                           CHAPTER III                           resulting from renunciation.
         Obligations of the country of destination                In any event, after an interval of 15 clear days and in the
                                                                 absence of any notice on the part of the country of
                                                                 destination, renunciation shall be deemed to have taken
                             Article 6
                                                                 place.
After contacting the Community, the country of                                              Article 9
destination shall procure, to transport all the quantities
provided for in Article I of the Agreement, one or more          Upon delivery of the goods, the country of destination
vessels of dimensions corresponding to the normal                shall hand over to the authorized agent of the
capacity of the port of shipment; these vessels must be           Community a certificate of acceptance which shall set
ready for loading on a date falling within the period            out the port of shipment, date of acceptance and the
referred to in Article 3 .
                                                                 nature and quantity of the goods accepted, together with
                                                                  any comments on the quality of the goods. A copy of the
The agent of the country of destination shall inform the         certificate shall be sent to the Commission of the
Community of this date and of the date for                       European Communities.
 ---documentbreak--- NA ---documentbreak--- 24. 3 . 75                    Official Journal of the European Communities                     No L 75/33
           Information on the signing of the Agreement between the European Economic
                  Community and the Republic of Indonesia on the supply of food aid
           The Agreement between the European Economic Community and Indonesia 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 Hans-Broder Krohn, Director-General for Development and Cooperation at the
           Commission of the European Communities,
           and on behalf of the Government of the Republic of Indonesia by :
           Mr Franciscus Xaverius Seda, Ambassador Extraordinary and Plenipotentiary, Head of
           the Indonesian Mission to the European Economic Community.