CELEX: 
Language: en
Date: 1975-04-01 00:00:00
Title: Council Decision of 17 February 1975 on the conclusion of the Agreement between the European Economic Community and the Islamic Republic of Mauritania on the supply of skimmed-milk powder and butteroil as food aid #Agreement between the European Economic Community and the Islamic Republic of Mauritania on the supply of skimmed-milk powder and butteroil as food aid

No L 81 / 6                       Official Journal of the European Communities                      1 . 4 . 75
                                              COUNCIL DECISION
                                               of 17 February 1975
            on the conclusion of the Agreement between the European Economic Commu­
            nity and the Islamic Republic of Mauritania on the supply of skimmed-milk
                                        powder and butteroil as food aid
                                                    (75/ 1 89/ 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 ;
            Whereas by Regulations (EEC) No 3582/73 and (EEC) No 3583/73, the Council has
            decided to make 2 000 metric tons of skimmed-milk powder and 1 000 metric tons of
            butteroil available to the Islamic Republic of Mauritania ,
            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 and butteroil 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--- 1 . 4. 75                            Official Journal of the European Communities                            No L 81 / 7
                                                     AGREEMENT
              between the European Economic Community and the Islamic Republic of
               Mauritania 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 ISLAMIC REPUBLIC OF MAURITANIA,
              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 ISLAMIC REPUBLIC OF MAURITANIA :
              WHO HAVE AGREED AS FOLLOWS :
                          Article I                             bute them free of charge to the needy sections of the
The European Economic Community, hereinafter                    population .
referred to as the 'Community', shall supply the
Islamic Republic of Mauritania, hereinafter referred to
as the 'country of destination ', by way of gift, with                                 Article VI
2 000 metric tons of skimmed-milk powder and 1 000
metric tons of butteroil , of which the quality and pack­       The Community shall grant the     country of destination
aging requirements are specified in Annex I , which             a fixed contribution towards        covering the costs
forms an integral part of this Agreement.                       incurred by that country for      the transport of the
                                                                products from the cif stage to     places of destination .
                          Article II
                                                                This contribution shall amount to 50 units of account
Deliveries shall be made cif port of discharge in the
country of destination .                                        per metric ton of delivered product.
                         Article III                            The Community undertakes to pay this contribution
                                                                as soon as possible after receipt by the Commission of
The obligations and responsibilities of the Commu­              the European Communities of the copy of the certifi­
nity and of the country of destination relating to              cate required in Article 5 of Annex II .
delivery and receipt are defined in Annex II , which
forms an integral part of this Agreement.
                         Article IV                                                   Article VII
The country of destination undertakes to make all the
                                                                The Contracting Parties undertake to implement this
necessary arrangements for the transport and insur­
                                                                Agreement in such a way as to avoid any prejudice to
ance of the products from the cif stage to places of            the normal structure of domestic production and inter­
destination .
                                                                national trade . To this end , they shall take any
                          Article V                             measures required to ensure that aid supplies are in
                                                                addition to, and do not replace, commercial trans­
The country of destination undertakes to use the                actions which might reasonably be expected in the
 products received as aid for consumption and to distri­        absence of such supplies .
 ---pagebreak--- No L 81 / 8                            Official Journal of the European Communities                               1 . 4. 75
                         Article VIII                                                      Article X
The country of destination shall take all appropriate
measures to prevent :
                                                                  The country of destination shall take all appropriate
                                                                  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 export, commercially or otherwise, within six               the Agreement.
     months from the date of the last delivery, both of
     products obtained locally which are of the same
     kind as that received as aid or of processed                                          Article XI
     products derived from them .
                                                                  At the request of either of them , the Contracting
                          Article IX                              Parties shall consult each other on any questions
                                                                  concerning the implementation of this Agreement.
The country of destination undertakes to inform the
Community of the manner in which this Agreement
is performed . To this end , it shall communicate the
                                                                                          Article XII
following information to the Commission of the Euro­
pean Communities every three months until the quan­
tities received as aid have been fully used : quantities          This Agreement is drawn up in duplicate in the
distributed ; number and nature of the beneficiaries ;            Danish , Dutch, English, French, German and Italian
places, rate and method of distribution .                         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% ( 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 ;
                  ( k) strength of colon bacillus :               negative in 0-1 g ;
                  (1) flavour and smell :                         fresh ;
                  ( m ) appearance :                              white or slightly yellowish, absence of impuri­
                                                                  ties and coloured particles .
 ---pagebreak--- 1 . 4 . 75                           Official Journal of the European Communities                                  No L 81 /9
           II . Packing
                (a) Containing 25 kg net weight ;
                (b) Composition :
                    (aa) four Kraft paper bags of a strength representing at least 70 g/m 2 ;
                          one intercalated bag of tar-lined paper of a strength representing at least 140 g/m 2 ;
                          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/m 2 ;
                          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 French) :
                    LAIT ÉCRÉMÉ EN POUDRE / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EURO­
                    PÉENNE À LA REPUBLIQUE ISLAMIQUE DE MAURITANIE / À DISTRIBUER GRATU­
                    ITEMENT.
                                                        B. BUTTEROIL
            I. Quality
                (a) Characteristics of the product :
                    Concentrated milk fat containing not 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 0-2 % ;
                    — 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 . Packaging
                (a) Metal cans of 20 kg — one can per carton .
                (b) Marking on the packing (in French ) :
                    BUTTEROIL / DON DE LA COMMUNAUTÉ ECONOMIQUE EUROPEENNE A LA
                    REPUBLIQUE ISLAMIQUE DE MAURITANIE / À DISTRIBUER GRATUITEMENT.
 ---pagebreak--- No L 81 / 10                           Official Journal of the European Communities                                     1 . 4 . 75
                                                             ANNEX II
                                       PROCEDURES FOR DELIVERY AND RECEIPT
                           Article 1                              It shall have inserted in the charter party an undertaking by
                                                                  the captain to give the country of destination at least 72
Delivery shall be effected and all risk shall pass from the       hours' notice of the»probable date of the ship's arrival in the
Community to the country of destination at the moment at          port of discharge .
which the goods are actually taken in charge in the ship's
hold at the port of discharge.
The country of destination shall bear all costs subsequent to
delivery of the goods, including the costs of discharge (such                                  Article 4
as breaking bulk, hoisting, taking delivery) as well as any
lighterage costs.
                                                                  To implement this Annex, the Community shall appoint an
Any demurrage or dispatch money at the port of discharge          authorized agent whose name and address it shall make
shall be borne by or paid to the country of destination. The      known in good time to the country of destination .
rates and conditions of payment laid down in the contract
between the authorized agent of the Community referred to
in Article 4 and the carrier must have been agreed in             At each port of discharge the country of destination shall
advance between that agent and the receiving agent of the         nominate a receiving agent whose name and address it shall
country of destination referred to in Article 4.                  make known to the Community before the Agreement is
                                                                  implemented .
                          Article 2
The Community shall forward to the country of destination,
as soon as possible after the goods have been shipped, a                                       Article 5
notice giving the name of the ship, the date of loading, the
quantity and quality of the goods on loading and the port of
discharge.                                                        On delivery of the goods the country of destination shall
                                                                   hand to the authorized agent of the Community a certificate
                          Article 3                               of receipt, which shall set out the place and date of receipt,
                                                                   the nature and the quantity of the goods received, together
The Community shall inform the country of destination of          with any comments on the quality of those goods. A copy of
the ship's estimated date of arrival at the port of discharge at   the certificate shall be sent to the Commission of the Euro­
least 10 clear days before that date .                             pean Communities .
               Information on 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 Mauritania on the
               supply of skimmed-milk powder and butteroil 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 Islamic Republic of Mauritania by :
               Mr Ely Ould Allaf, Ambassador Extraordinary and Plenipotentiary, Representative of that
               country's Government to the European Economic Community.
 ---documentbreak--- NA ---documentbreak--- No L 81 / 10                           Official Journal of the European Communities                                     1 . 4 . 75
                                                             ANNEX II
                                       PROCEDURES FOR DELIVERY AND RECEIPT
                           Article 1                              It shall have inserted in the charter party an undertaking by
                                                                  the captain to give the country of destination at least 72
Delivery shall be effected and all risk shall pass from the       hours' notice of the»probable date of the ship's arrival in the
Community to the country of destination at the moment at          port of discharge .
which the goods are actually taken in charge in the ship's
hold at the port of discharge.
The country of destination shall bear all costs subsequent to
delivery of the goods, including the costs of discharge (such                                  Article 4
as breaking bulk, hoisting, taking delivery) as well as any
lighterage costs.
                                                                  To implement this Annex, the Community shall appoint an
Any demurrage or dispatch money at the port of discharge          authorized agent whose name and address it shall make
shall be borne by or paid to the country of destination. The      known in good time to the country of destination .
rates and conditions of payment laid down in the contract
between the authorized agent of the Community referred to
in Article 4 and the carrier must have been agreed in             At each port of discharge the country of destination shall
advance between that agent and the receiving agent of the         nominate a receiving agent whose name and address it shall
country of destination referred to in Article 4.                  make known to the Community before the Agreement is
                                                                  implemented .
                          Article 2
The Community shall forward to the country of destination,
as soon as possible after the goods have been shipped, a                                       Article 5
notice giving the name of the ship, the date of loading, the
quantity and quality of the goods on loading and the port of
discharge.                                                        On delivery of the goods the country of destination shall
                                                                   hand to the authorized agent of the Community a certificate
                          Article 3                               of receipt, which shall set out the place and date of receipt,
                                                                   the nature and the quantity of the goods received, together
The Community shall inform the country of destination of          with any comments on the quality of those goods. A copy of
the ship's estimated date of arrival at the port of discharge at   the certificate shall be sent to the Commission of the Euro­
least 10 clear days before that date .                             pean Communities .
               Information on 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 Mauritania on the
               supply of skimmed-milk powder and butteroil 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 Islamic Republic of Mauritania by :
               Mr Ely Ould Allaf, Ambassador Extraordinary and Plenipotentiary, Representative of that
               country's Government to the European Economic Community.