CELEX: 21975A0307(05)
Language: en
Date: 1974-12-17 00:00:00
Title: Agreement between the European Economic Community and the Kingdom of Marocco on the supply of common wheat as food aid

7. 3 . 75                             Official Journal of the European Communities                            No L 62/23
                                                      AGREEMENT
              between the European Economic Community and the Hashemite Kingdom of Jordan
                                  on the supply of skimmed-milk powder as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
              of the one part,
              THE GOVERNMENT OF THE HASHEMITE KINGDOM OF JORDAN ,
              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 HASHEMITE KINGDOM OF JORDAN :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                               transport by sea shall not be prejudicial to the free
                                                                 play of fair competition . Any problems arising in
The European Economic Community, hereinafter                     this connection shall be the subject of consultations
referred to as the 'Community', shall supply the                 under Article VIII .
Hashemite Kingdom of Jordan, hereinafter referred
to as the 'country of destination', by way of gift,
with 600 metric tons of skimmed-milk powder of
which the quality and packaging conditions are set                                       Article IV
out in Annex I which 'forms an integral part of this
Agreement.
                                                                 The country of destination undertakes to use the
                         Article II                              product received as aid for purposes of consumption
                                                                 and to distribute it free of charge to people in need.
Deliveries will be made in accordance with the
detailed rules set out in Annex II which forms an
integral part of this Agreement.
                                                                                         Article V
                        Article III
                                                                 The Contracting Parties undertake to implement this
The country of destination undertakes to make all               Agreement in such a way as to avoid any prejudice
necessary arrangements for the transport and                    to the normal structure of domestic production and
insurance of the product from point of delivery to              international trade. To this end they shall take any
places of destination.                                          measures required to ensure that aid supplies are in
                                                                 addition to, and do not replace, commercial
It undertakes to exercise the greatest possible care            transactions which might reasonably be expected in
to ensure that the tendering arrangements for the                the absence of such supplies .
 ---pagebreak--- No L 62/24                           Official Journal of the European Communities                                   7. 3 . 75
                        Article VI                               2. every three months until the quantities received
                                                                      as aid have been fully used : quantities distributed ;
The country of destination shall take all appropriate                 number and type of beneficiaries ; place, rate and
measures to prevent :                                                 method o'f distribution ;
— the re-export of the product received as aid and               3 . on 15 January every year until the special account
    of products resulting from such supplies ;                        has been fully used :
— the export, commercially or otherwise, within si <.                 ( a) state of this account (deposits and
    months of the last delivery, either of local produce                    withdrawals) on 31 December of the
    of the same nature as that received as aid or of
                                                                            preceding year;
    any products resulting from it.
                                                                      ( b ) progress achieved in the project or projects,
                                                                            with an indication of the total amount of
                        Article VII                                         financing carried out at that stage.
The country of destination undertakes to inform the                                       Article VIII
Community of the mode of implementation of this
Agreement. To this end it shall provide the                      At the request of either of them, the Contracting
Commission of the European Communities with the                  Parties shall consult each other on any questions
following information :                                           concerning the implementation of this Agreement.
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                   This Agreement shall be drawn up in duplicate in
    observations as to the quality ; date on which               the Danish, Dutch, English, French, German and
    discharge was completed ;                                     Italian languages, each of these texts being authentic.
                                                         ANNEX I
                                                 SKIMMED-MILK POWDER
              1. 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 impurities and
                                                      coloured particles
 ---pagebreak--- 7. 3 . 75                                  Official Journal of the European Communities                                 No L 62/25
                II. Packing
                    (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 ;
                                /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 double-bound ;
                         or
                         (cc)   1 'Kraft' paper bag of a strength representing at least 70 g/m2 ;
                                1 ' Kraft' paper bag with a polyethylene layer of a strength representing at least
                                80 g + 15 g/m2 ;
                                3 ' Kraft' paper bags of a strength representing at least 70 g/m2 ;
                                1 polyethylene inner bag at least 0-06 mm thick, welded or double-bound ;
                    (c) marking on the packing (in English) :
                         SKIMMED-MILK POWDER — GIFT FROM THE EUROPEAN ECONOMIC
                         COMMUNITY TO THE HASHEMITE KINGDOM OF JORDAN.
                                                               ANNEX 11
                                           DELIVERY AND ACCEPTANCE PROCEDURES
                           CHAPTER I                                                              Article 2
                        General provisions                              For the purpose of implementing the provisions of this
                                                                        Annex the Community shall appoint, if necessary for each
                                                                        consignment, an agent whose name and address it shall
                                                                        make known to the country of destination immediately
                              Article 1                                 following his appointment. For each port of shipment
                                                                        the country of destination shall appoint an agent whose
                                                                        name and address it shall make known to the Community
                                                                        with all dispatch and if possible before the appointment
Delivery shall be effected and all risk shall pass from                 of the agent of the Community.
the Community to the country of destination at the
moment at which the goods are put down at the point
                                                                                                  Article 3
of exportation named by the Commission of the Euro­
pean Communities at the berth specified by the country
of destination or its agent referred to in Article 2 and                Before implementing the procedure for appointing the
under the terms specified in this Annex. Without prejudice              agent of the Community referred to in Article 2, the
to Articles 7 and 8 the Community shall bear all costs                  Commission of the European Communities and the
prior to delivery and the country of destination all costs              country of destination shall ' establish by joint agreement
after delivery.                                                         the period during which delivery must begin.
 ---pagebreak--- No L 62/26                              Official Journail of the European Communities                                   7. 3 . 75
                        CHAPTER II                                                             Article 7
               Obligations of the Community                         Where the country of destination is unable to begin
                                                                    loading on the date provided for in the first paragraph
                           Article 4                                of Article 6, the agent of the country of destination shall
                                                                    inform the agent of the Community without delay.
Where the Community is not in a position to carry out
delivery on the date, and if applicable, according to the           In this event the agents of the Community and of the
schedule laid down in Article 6, all costs arising for the          country of destination may agree on a new date for the
country of destination — for example, demurrage, void               commencement of delivery and, if applicable, a new
freight and dead freight — shall be borne by the                    schedule. Save in cases of force majeure the costs arising
Community .                                                         from the delay in loading shall be borne by the country
                                                                    of destination .
The charges and the arrangements relating to demurrage
laid down in the contract concluded between the country             Should the new date provided for in the second paragraph
of destination and the carrier must have previously been            be more than 30 clear days after the date for loading
agreed by the country of destination and the agent of               provided for in the first paragraph of Article 6, the
the Community.                                                      Community may dispose of the goods without prejudice
                                                                    to its commitment under Article I of this Agreement.
The other costs referred to in the first paragraph shall be
refunded by the Community only if they have been paid
by the country of destination with the approval of the                                         Article 8
Community.
                           Article 5                                Where the quantity intended for loading on a vessel
                                                                    cannot be loaded on board in its entirety, the country of
                                                                    destination shall inform the Community as soon as
Where it is impossible for the Community to supply all              possible, and no later than 15 clear days after loading has
or part of the goods on the date and within the time                been completed, whether it intends to accept or to
limits provided for in Article 6, the. agents of the Com­           renounce the balance .
munity and of the country of destination may, without
prejudice to Article 4, agree on a new date and a new
time limit for the delivery of all the goods or of the              In the former case the second and third paragraphs of
undelivered part thereof.                                           Article 7 shall apply to the balance, if delivery has not
                                                                    yet taken place.
                        CHAPTER III
                                                                    In the latter case the Community may consider that it
                                                                    has discharged its commitment to the country of desti­
         Obligations of the country of destination                  nation under Article I of this Agreement and shall bear
                                                                    the costs resulting from renunciation.
                           Article 6
                                                                    In any event, after an interval of 15 clear days and in
After contacting the Community, the country of desti­               the absence of any notice on the part of the country
nation shall procure, to transport all the quantities provided      of destination, renunciation shall be deemed to have taken
for in Article I of the Agreement, one or more vessels of           place.
dimensions corresponding to the normal capacity of the
port of shipment; these vessels must be ready for loading
on a date falling within the period referred to in Article 3.
                                                                                               Article 9
The agent of the country of destination shall inform the
Community of this date and of the date for commence­                 Upon delivery of the goods, the country of destination
ment of delivery as soon as he knows them, if possible               shall hand over to the authorized agent of the Community
20 clear days in advance and in any case 10 clear days               a certificate of acceptance which shall set out the port of
before the date for commencement of delivery.                        shipment, date of acceptance and the nature and quantity
                                                                     of the goods accepted, together with any comments on
He shall establish with the agent of the Community the               the quality of the goods. A copy of the certificate shall
schedule according to which delivery shall take place.               be sent to the Commission of the European Communities.