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

No L 81 / 24                      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 Lebanese Republic on the supply of skimmed-milk powder as food
                                                          aid
                                                    (75/ 193/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 Regulation (EEC) No 1827/74, the Council decided to make 100 metric tons
             of skimmed-milk powder available to the Lebanese Republic,
             HAS DECIDED AS FOLLOWS :
                                                      Article 1
             The Agreement between the European Economic Community and the Lebanese Republic
             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--- 1 . 4. 75                              Official Journal of the European Communities                         No L 8 1 /25
                                                        AGREEMENT
                between the European Economic Community and the Lebanese Republic on the
                                      supply of skimmed-milk powder as food aid
                THE COUNCIL OF THE EUROPEAN COMMUNITIES,
                of the one part,
                THE GOVERNMENT OF THE LEBANESE REPUBLIC,
                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 LEBANESE REPUBLIC :
                 WHO HAVE AGREED AS FOLLOWS :
                            Article I                                                    Article IV
 The European Economic Community, hereinafter                     The country of destination undertakes to use the
 referred to as the 'Community', shall supply the Leba­           product received for consumption and to distribute it
 nese Republic, hereinafter referred to as the 'country           free of charge to needy sections of the population .
 of destination', by way of gift, with 100 metric tons of
 skimmed-milk powder, of which the quality and pack­
 aging requirements are specified in Annex I, which                                       Article V
 forms an integral part of this Agreement.
                                                                  The Contracting Parties undertake to implement this
                                                                  Agreement in such a way as to avoid any prejudice to
                            Artie e II                            the normal structure of domestic production and inter­
                                                                  national trade. To this end, they shall take any
  Deliveries    will  be   made    in  accordance   with  the      measures required to ensure that aid supplies are in
 detailed rules set out in Annex II , which forms an inte­        addition to, and do not replace, commercial trans­
 gral part of this Agreement.                                     actions which might reasonably be expected in the
                                                                   absence of such supplies .
                            Article III
                                                                                          Article VI
  The country of destination undertakes to make all
  necessary arrangements for the transport and insur­              The country of destination shall take all appropriate
  ance of the product from point of delivery to places of          measures to prevent :
  destination .
                                                                   — the re-export of the product received as aid and of
                                                                       products derived from it ;
  It undertakes to exercise the greatest possible care to
  ensure that the tendering arrangements for the trans­            — the export, commercially or otherwise, within six
' port by sea shall not be prejudicial to the free play of             months from the date of the last delivery, both of
  fair competition . Any problems arising in this connec­              produce obtained locally which are of the same
  tion shall be the subject of consultations under Article             kind as that received as aid or of products derived
  VIII .                                                               from it .
 ---pagebreak--- No L 81 /26                              Official Journal of the European Communities                                  1 . 4 . 75
                           Article VII                                     number and nature of the beneficiaries ; places,
                                                                           rate and method of distribution .
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 VIII
following information to the Commission of the Euro­
pean Communities :                                                    At the request of either of them , the Contracting
1 . immediately after the discharge of each cargo : port               Parties shall consult each other on any questions
    and date of arrival of vessel ; nature and quantity of             concerning the implementation of this Agreement.
    the product discharged and any observations as to
    the quality ; date on which discharge was
                                                                                                Article IX
    completed ; costs of sea transport and of insurance
    relating thereto ;
                                                                      This Agreement is drawn up in duplicate in the
2. every three months until the quantities received as                 Danish, Dutch, English, French, German and Italian
    aid have been fully used : quantities distributed ;                languages, each of these texts being authentic .
                                                               ANNEX I
                                                   SKIMMED-MILK POWDER
                                                   QUALITY AND PACKAGING
                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.
               II . Packing
                    (a) containing 25 kg net weight ;
                    (b) composition :
                        (aa) four Kraft paper bags of a strength representing at least 70 g/m -' ;
                              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 ;
 ---pagebreak--- 1 . 4. 75                                Official Journal of the European Communities                                   No L 81 /27
                       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/m 2 ;
                            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/ m 2 ;
                            one Kraft paper bag with a polyethylene layer of a strength representing at least 80 g +
                             15 g/ m 2 ;
                            three Kraft paper bags of a strength representing at least 70 g/ m 2 ;
                            one polyethylene inner bag at least 0-06 mm thick, welded or double-bound ;
                   (c) marking on the packing (in French) :
                       LAIT ÉCREME EN POUDRE / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EURO­
                       PÉENNE À LA REPUBLIQUE LIBANAISE / À DISTRIBUER GRATUITEMENT.
                                                            ANNEX II
                                         DELIVERY AND ACCEPTANCE PROCEDURES
                          CHAPTER I                                  shall establish by joint agreement the period during which
                                                                     delivery must begin .
                      General provisions
                                                                                              CHAPTER II
                            A rticle 1
                                                                                   Obligations of the Community
Delivery shall be effected and all risk shall pass from the
Community to the country of destination at the moment at
which the goods are put down at the point of exportation                                         Article 4
named by the Commission of the European Communities at
the berth specified by the country of destination or its agent
referred to in Article 2 and under the terms specified in this       Where the Community is not in a position to carry out
Annex . Without prejudice to Articles 7 and 8 the Commu­             delivery on the date , and if applicable , according to the sche­
nity shall bear all costs prior to delivery and the country of       dule laid down in Article 6, all costs arising for the country
destination all costs after delivery.                                of destination — for example, demurrage, void freight and
                                                                     dead freight — shall be borne by the Community .
                            Article 2
                                                                     The charges and the arrangements relating to demurrage laid
                                                                     down in the contract concluded between the country of desti­
                                                                     nation and the carrier must have previously been agreed by
For the purpose of implementing the provisions of this               the country of destination and the agent of the Community .
Annex the Community shall appoint — if necessary for each
consignment — an agent whose name and address it shall               The other costs referred to in the first paragraph shall be
make known to the country of destination immediately                 refunded by the Community only if they have been paid by
following his appointment . For each port of shipment the            the country of destination with the approval of the Commu­
country of destination shall appoint an agent whose name             nity.
and address it shall make known to the Community with all
dispatch and if possible before the appointment of the agent
of the Community .                                                                               Article 5
                                                                     Where it is impossible for the Community to supply all or
                            Article 3
                                                                     part of the goods on the date and within the time limits
                                                                     provided for in Article 6, the agents of the Community and
Before implementing the procedure for appointing the agent           of the country of destination may , without prejudice to
of the Community referred to in Article 2, the Commission            Article 4, agree on a new date and a new time limit for the
of the European Communities and the country of destination           delivery of all the goods or of the undelivered part thereof .
 ---pagebreak--- No L 81 /28                            Official Journal of the European Communities                                      1 . 4 . 75
                        CHAPTER III                              Should the new date provided for in the second paragraph be
                                                                 more than 30 clear days after the date for loading provided
        Obligations of the country of destination                for in the first paragraph of Article 6, the Community may
                                                                 dispose of the goods without prejudice to its commitment
                                                                 under Article I of this Agreement.
                           Article 6
After contacting the Community, the country of destination                                   Article 8
shall procure, to transport all the quantities provided for in   Where the quantity intended for loading on a vessel cannot
Article I of the Agreement, one or more vessels of dimen­        be loaded on board in its entirety, the country of destination
sions corresponding to the normal capacity of the port of        shall inform the Community as soon as possible , and no
shipment ; these vessels must be ready for loading on a date      later than 15 clear days after loading has been completed,
falling within the period referred to in Article 3 .             whether it intends to accept or to renounce the balance .
The agent of the country of destination shall inform the          In the former case the second and third paragraphs of Article
Community of this date and of the date for commencement           7 shall apply to the balance, if delivery has not yet taken
of delivery as soon as he knows them , if possible 20 clear       place .
days in advance and in any case 10 clear days before the date
for commencement of delivery.                                     In the latter case the Community may consider that it has
                                                                  discharged its commitment to the country of destination
He shall establish with the agent of the Community the sche­      under Article I of this Agreement and shall bear the costs
dule according to which delivery shall take place.                resulting from renunciation .
                           Article 7
                                                                  In any event, after an interval of 15 clear days and in the
                                                                  absence of any notice on the part of the country of destina­
Where the country of destination is unable to begin loading       tion , renunciation shall be deemed to have taken place .
on the date provided for in the first paragraph of Article 6,
the agent of the country of destination shall inform the agent                               Article 9
of the Community without delay .
                                                                  Upon delivery of the goods, the country of destination shall
In this event the agents of the Community and of the              hand over to the authorized agent of the Community a certifi­
country of destination may agree on a new date for the            cate of acceptance which shall set out the port of shipment,
commencement of delivery and, if applicable, a new sche­          date of acceptance and the nature and quantity of the goods
dule . Save in cases of force majeure, the costs arising from     accepted , together with any comments on the quality of the
the delay in loading shall be borne by the country of destina­    goods . A copy of the certificate shall be sent to the Commis­
tion .                                                            sion of the European Communities .
               Information on the signing of the Agreement between the European Economic
                       Community and the Lebanese Republic on the supply of food aid
               The Agreement between the European Economic Community and Lebanon 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 Lebanese Republic by :
                Mr Kesrouan Labaki , Ambassador Extraordinary and Plenipotentiary, Head of the Leba­
                nese Mission to the European Communities .
 ---documentbreak--- NA ---documentbreak--- No L 81 /28                            Official Journal of the European Communities                                      1 . 4 . 75
                        CHAPTER III                              Should the new date provided for in the second paragraph be
                                                                 more than 30 clear days after the date for loading provided
        Obligations of the country of destination                for in the first paragraph of Article 6, the Community may
                                                                 dispose of the goods without prejudice to its commitment
                                                                 under Article I of this Agreement.
                           Article 6
After contacting the Community, the country of destination                                   Article 8
shall procure, to transport all the quantities provided for in   Where the quantity intended for loading on a vessel cannot
Article I of the Agreement, one or more vessels of dimen­        be loaded on board in its entirety, the country of destination
sions corresponding to the normal capacity of the port of        shall inform the Community as soon as possible , and no
shipment ; these vessels must be ready for loading on a date      later than 15 clear days after loading has been completed,
falling within the period referred to in Article 3 .             whether it intends to accept or to renounce the balance .
The agent of the country of destination shall inform the          In the former case the second and third paragraphs of Article
Community of this date and of the date for commencement           7 shall apply to the balance, if delivery has not yet taken
of delivery as soon as he knows them , if possible 20 clear       place .
days in advance and in any case 10 clear days before the date
for commencement of delivery.                                     In the latter case the Community may consider that it has
                                                                  discharged its commitment to the country of destination
He shall establish with the agent of the Community the sche­      under Article I of this Agreement and shall bear the costs
dule according to which delivery shall take place.                resulting from renunciation .
                           Article 7
                                                                  In any event, after an interval of 15 clear days and in the
                                                                  absence of any notice on the part of the country of destina­
Where the country of destination is unable to begin loading       tion , renunciation shall be deemed to have taken place .
on the date provided for in the first paragraph of Article 6,
the agent of the country of destination shall inform the agent                               Article 9
of the Community without delay .
                                                                  Upon delivery of the goods, the country of destination shall
In this event the agents of the Community and of the              hand over to the authorized agent of the Community a certifi­
country of destination may agree on a new date for the            cate of acceptance which shall set out the port of shipment,
commencement of delivery and, if applicable, a new sche­          date of acceptance and the nature and quantity of the goods
dule . Save in cases of force majeure, the costs arising from     accepted , together with any comments on the quality of the
the delay in loading shall be borne by the country of destina­    goods . A copy of the certificate shall be sent to the Commis­
tion .                                                            sion of the European Communities .
               Information on the signing of the Agreement between the European Economic
                       Community and the Lebanese Republic on the supply of food aid
               The Agreement between the European Economic Community and Lebanon 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 Lebanese Republic by :
                Mr Kesrouan Labaki , Ambassador Extraordinary and Plenipotentiary, Head of the Leba­
                nese Mission to the European Communities .