CELEX: 21974A0117(03)
Language: en
Date: 1974-01-14 00:00:00
Title: Agreement between the European Economic Community and the Islamic Republic of Pakistan on the supply of common wheat and skimmed-milk powder as emergency food aid

No L 87/2                            Official Journal of the European Communities                            30.3 . 74
                                                     AGREEMENT
               between the European Economic Community and the Islamic Republic of Pakistan
               on the supply of common wheat and skimmed-milk powder as emergency food aid
               THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
               of the one part, and
               THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF PAKISTAN ,
               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 PAKISTAN :
               WHO HAVE DECIDED AS FOLLOWS :
                           Article 1                                                  Article III
The European Economic Community, hereinafter                    The obligations and responsibilities of the Com­
referred to as the ' Community', shall supply, as               munity and of the country of destination relating to
emergency food aid, to the Islamic Republic of                  delivery and the taking of delivery of the wheat are
Pakistan, hereinafter referred to as the 'country of            defined in Annex II, which forms an integral part
destination ':                                                  of this Agreement.
— 20 000 metric tons of common wheat, delivered
    in bulk, whereof 10 000 metric tons are under the
    Community Food Aid Programme ( Cereals) for                                       Article IV
     1971 /72 and 10 000 metric tons under the Pro­
    gramme for 1972/73 ,
                                                                The country of destination undertakes to make all
                                                                necessary arrangements for the transport and in­
— 3 000 metric tons of skimmed-milk powder to be                surance of the delivered products from the moment
    supplied through the International Committee of             they have been taken over.
    the Red Cross, the quality and conditions of
    packaging of which are laid down in Annex I,
    which forms an integral part of this Agreement.
                                                                                      Article V
                          Article II
                                                                The country of destination undertakes to use the
                                                                products received as aid for purposes of consumption
Deliveries of wheat shall be made cif at the ports of           and to distribute them free of charge to the flood
discharge of the country of destination.                        victims .
 ---pagebreak--- 30 . 3 . 74                        Official Journal of the European Communities                            No L 87/3
                        Article VI                                                  Article VIII
                                                              The country of destination undertakes to inform the
The Contracting Parties undertake to implement this           Community of the circumstances surrounding the
Agreement in such manner as to avoid any prejudice            implementation of this Agreement. For this purpose,
to the normal structure of domestic production and            it shall communicate to the Commission of the Euro­
international trade. To this end they shall take any          pean Communities the following information :
measures required to ensure that aid-supplies are in
addition to, and do not replace, commercial trans­            — not more than 30 days after the unloading of
actions which might reasonably be expected to take                each consignment : port and date of ship's arrival ;
place in the absence of such supplies .                           kind, quantity and quality of products unloaded ;
                                                                  date on which discharge was completed ;
                                                              — every three months until the quantities received as
                                                                  aid have been fully used : the quantities distri­
                       Article VII                                buted; the number and type of recipients ; and the
                                                                  place, schedule and method of distribution.
The country of destination shall take all appropriate
                                                                                    Article IX
measures to prevent :
— the re-export of the products received as aid and           At the request of either of them, the Contracting
     of products and by-products derived from them ;          Parties shall consult each other on any questions
                                                              concerning the implementation of this Agreement.
— the export, commercially or otherwise, within
     six months from the date of the last delivery,                                  Article X
     either of the skimmed-milk powder produced
     locally which should be of the same kind as that         This Agreement is drawn up in duplicate in the
     received as aid or of any products or by-products        Danish, Dutch, English, French, German and Italian
     derived from it .                                        languages, each of these texts being authentic.
 ---pagebreak--- No L 87/4                            Official Journal of the European Communities                                30. 3 . 74
                                                          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 g
               (1 )  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/m2 ;
                            1 intercalated bag of tar-lined paper of a strength representing at least 140 g/m2 ;
                           1 polyethylene inner bag at least 0-06 mm? thick , welded or double-bound ;
                     or
                      (bb) 1 bag of clubpack-poly-duplo-paper of a strength representing at least 50/20/50
                           g/m2 ;
                           2 Kraft paper bags of a strength representing at least 70/75 g/m2 ;
                            1 polyethylene inner bag at least 0-10 mm thick , welded or bouble-bound ;
               (c) marking on the packaging (in English):
                      SKIMMED-MILK POWDER / GIFT OF THE EUROPEAN ECONOMIC
                      COMMUNITY TO THE ISLAMIC REPUBLIC OF PAKISTAN
 ---pagebreak---  30 . 3 . 74                            Official Journal of the European Communities                               No L 87/5
                                                           ANNEX II
                                     Provisions laid down in Article III of the Agreement
                           Article 1                                                          Article 3
Delivery shall be effected and all risk shall pass from            The Community shall inform the country of destination
the Community to the country of destination at the                 of the ship's estimated date of arrival at the port of dis­
moment at which the goods are actually taken in charge             charge at least 10 clear days before that date.
in the ship's hold at the port of discharge.                       It shall have inserted in the charter party an undertaking
The country of destination shall pay all costs subsequent          by the captain to give the country of destination at least
to delivery of the goods , including the costs of discharge        72 hours' notice of the probable date of the ship's arrival
                                                                   in the port of discharge .
(breaking bulk , hoisting , taking delivery , for example) as
well as any lighterage costs .
                                                                                              Article 4
Any demurrage or dispatch money at the port of discharge
shall be borne by or paid to the country of destination .          On delivery of the goods , a tolerance of 5 % less than
The • rates and conditions of payment laid down in the             the quantity to be supplied in accordance with Article I
contract between the authorized agent of the Community             of the Agreement is permitted .
referred to in Article 5 and the carrier must have been
agreed in advance between that agent and the receiving                                        Article 5
agent of the country of destination referred to in Article 5 .
                                                                   To implement the provisions of this Annex, the Com­
                                                                   munity shall appoint an authorized agent , whose name
                           Article 2                               and address it shall make known in good time to the
                                                                   country of destination .
The Community shall forward to the country of destination,
as soon as possible after the goods have been shipped , a          The country of destination shall appoint a receiving
notice giving the name of the ship , the date of loading,          agent in each port of discharge , whose name and address
the quantity and quality of the goods on loading and the           it shall make known to the Community before the Agree­
port of discharge.                                                 ment is implemented .
                   Information on the signing of the Agreement between the European Economic
                    Community and the Islamic Republic of Pakistan on the supply of food aid
              The Agreement between the European Economic Community and Pakistan on the
              supply of common wheat and skimmed-milk powder as emergency food aid, which the
              Council decided to conclude on 14 January 1974, was signed in Brussels on 17 January
              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 at the
              Commission of the European Communities, and on behalf of the Government of Pakistan
              by :
              Mr Quamar ul Islam, Ambassador Extraordinary and Plenipotentiary, Head of the
              Pakistani Mission to the European Communities .