CELEX: 21974A1218(01)
Language: en
Date: 1974-12-17 00:00:00
Title: Agreement between the European Economic Community and the Republic of the Philippines on the supply of skimmed-milk powder as food aid

No L 38 /2                          Official Journal of the European Communities                              12. 2. 75
                                                    AGREEMENT
              between the European Economic Community and the Republic of the Philip­
                           pines 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 THE PHILIPPINES,
              of the other part,
              HAVE DECIDED to conclude this Agreement, and to this end have designated as their Plenipotenti­
              aries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
                                                                                                          f
              THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                             and to apply, for the sale of the product on its market,
                                                               the prices normally charged on that market for
The European Economic Community, hereinafter
                                                               products of comparable quality.
referred to as the 'Community', shall supply the Repu­
blic of the Philippines, hereinafter referred to as the
'country of destination ', by way of gift, with 100            The proceeds from this sale shall be paid into a
metric tons of skimmed-milk powder of which the                special account at the central bank of that country and
quality and packaging conditions are set out in Annex          allocated to the financing of one or more develop­
I which forms an integral part of this Agreement.              ment schemes in accordance with the procedure to be
                                                               agreed between the recipient country and the Commu­
                        Article II                             nity.
Deliveries will be made in accordance with the
detailed rules set out in Annex II which forms an inte­
                                                                                      Article V
gral part of this Agreement.
                        Article III                            The Contracting Parties undertake to implement this
                                                               Agreement in such a way as to avoid any prejudice to
The country of destination undertakes to make all              the normal structure of domestic production and inter­
necessary arrangements for the transport and insur­            national trade. To this end they shall take any
ance of the product from point of delivery to places of        measures required to ensure that aid supplies are in
destination .                                                  addition to, and do not replace, commercial transac­
                                                               tions which might reasonably be expected in the
It undertakes to exercise the greatest possible care to        absence of such supplies.
ensure that the tendering arrangements for the trans­
port by sea shall not be prejudicial to the free play of
fair competition . Any problems arising in this connec­
                                                                                      Article VI
tion shall be the subject of consultations under Article
VIII .
                                                               The country of destination shall take all appropriate
                        Article IV                             measures to prevent :
The country of destination undertakes to use the              — the re-export of the product received as aid and of
product received as aid for purposes of consumption                products resulting from such supplies ;
 ---pagebreak--- 12. 2. 75                            Official Journal of the European Communities                            No L 38 /3
— the export, commercially or otherwise, within six                ance costs and, where appropriate, transport costs
     months of the last delivery, either of local produce          from the port of discharge to the places of destina­
     of the same nature as that received as aid or of any          tion ;
     products resulting from it.                               3 . on 15 January every year until the special account
                                                                   has been fully used :
                       Article VII
                                                                   (a) state of this account (deposits and withdrawals)
The country of destination undertakes to inform the                    on 31 December of the preceding year ;
Community of the mode of implementation of this                    (b) progress achieved in the project or projects,
Agreement. To this end it shall provide the Commis­                    with   an  indication  of the   total amount of
sion of the European Communities with the following                    financing carried out at that stage.
information :
1 . immediately after the discharge of each cargo : port                              Article VIII
    and date of arrival of vessel ; nature and quantity of
    the product discharged and any observations as to          At the request of either of them, the Contracting
    the quality ; date on which discharge was                  Parties shall consult each other on any questions
    completed ; costs of sea transport and of insurance        concerning the implementation of this Agreement.
    relating thereto ;
                                                                                       Article IX
2. every three months until the quantities received as
    aid have been fully used : quantities sold, how they       This Agreement shall be drawn up in duplicate in the
    have been sold, selling prices ; normal selling costs      Danish, Dutch, English, French, German and Italian
    on the market of the country of destination ; insur­       languages, each of these texts being authentic.
 ---pagebreak--- No L 38 /4                            Official Journal of the European Communities                                    12 . 2 . 75
                                                            ANNEX I
                                                SKIMMED-MILK POWDER
                                       QUALITY AND CONDITIONS OF 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 /g ;
                (k) strength of colon bacillus :                         negative in 01 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/m 2 ;
                          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/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/m2 ;
                           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 English) :
                     SKIMMED-MILK POWDER — GIFT OF THE EUROPEAN ECONOMIC COMMUNITY
                     TO THE REPUBLIC OF THE PHILIPPINES .
 ---pagebreak--- 12 . 2 . 75                            Official Journal of the European Communities                                  No L 38 / 5
                                                             ANNEX II
                                      DELIVERY AND ACCEPTANCE PROCEDURES
                         CHAPTER I                                 provided for in Article 6, the agents of the Community and
                                                                   of the country of destination may, without prejudice to
                     General provisions                            Article 4, agree pn a new date and a new time limit for the
                                                                   delivery of all the goods or of the undelivered part thereof.
                           Article 1
Delivery shall be effected and all risk shall pass from the                                 CHAPTER III
Community to the country of destination at the moment at
which the goods are put down at the point of exportation
named by the Commission of the European Communities at                       Obligations of the country of destination
the berth specified by the country of destination or its agent
referred to in Article 2 and under the terms specified in this
Annex. Without prejudice to Articles 7 and 8 the Commu­                                        Article 6
nity shall bear all costs prior to delivery and the country of
destination all costs after delivery.                              After contacting the Community, the country of destination
                                                                   shall procure, to transport all the quantities provided for in
                            Article 2                              Article I of the Agreement, one or more vessels of dimen­
                                                                   sions corresponding to the normal capacity of the port of
For the purpose of implementing the provisions of this             shipment ; these vessels must be ready for loading on a date
Annex the Community shall appoint — if necessary for each          falling within the period referred to in Article 3.
consignment — an agent whose name and address it shall
make known to the country of destination immediately               The agent of the country of destination shall inform the
following his appointment. For each port of shipment the           Community of this date and of the date for commencement
country of destination shall appoint an agent whose name           of delivery as soon as he knows them, if possible 20 clear
and address it shall make known to the Community with all          days in advance and in any case 10 clear days before the date
dispatch and if possible before the appointment of the agent       for commencement of delivery.
of the Community.
                                                                   He shall establish with the agent of the Community the sche­
                            Article 3                              dule according to which delivery shall take place.
 Before implementing the procedure for appointing the agent
 of the Community referred to in Article 2, the Commission                                     Article 7
of the European Communities and the country of destination
shall establish by joint agreement the period during which         Where the country of destination is unable to begin loading
 delivery must begin .                                             on the date provided for in the first paragraph of Article 6,
                                                                   the agent of the country of destination shall inform the agent
                                                                   of the Community without delay.
                          CHAPTER II
                                                                    In this event the agents of the Community and of the
                                                                   country of destination may agree on a new date for the
              Obligations of the Community                         commencement of delivery and, if applicable, a new sche­
                                                                    dule . Save in cases of force majeure, the costs arising from
                            Article 4                               the delay in loading shall be borne by the country of destina­
                                                                    tion .
 Where the Community is not in a position to carry out
 delivery on the date, and if applicable, according to the sche­    Schould the new date provided for in the second paragraph
 dule laid down in Article 6, all costs arising for the country     be more than 30 clear days after the date for loading
 of destination — for example, demurrage, void freight and          provided for in the first paragraph of Article 6, the Commu­
 dead freight — shall be borne by the Community.                    nity may dispose of the goods without prejudice to its
 The charges and the arrangements relating to demurrage laid        commitment under Article I of this Agreement.
 down in the contract concluded between the country of desti­
 nation and the carrier must have previously been agreed by
                                                                                               Article 8
 the country of destination and the agent of the Community.
 The other costs referred to in the first paragraph shall be        Where the quantity intended for loading on a vessel cannot
 refunded by the Community only if they have been paid by           be loaded on board in its entirety, the country of destination
 the country of destination with the approval of the Commu­         shall inform the Community as soon as possible, and no
 nity.                                                              later than 15 clear days after loading has been completed,
                                                                    whether it intends to accept or to renounce the balance.
                            Article 5
                                                                     In the former case the second and third paragraphs of Article
 Where it is impossible for the Community to supply all or          7 shall apply to the balance, if delivery has not yet taken
 part of the goods on the date and within the time limits            place .
 ---pagebreak--- No L 38 / 6                          Official Journal of the European Communities                                   12 . 2 . 75
In the latter case the Community may consider that it has                                 Article 9
discharged its commitment to the country of destination        Upon delivery of the goods, the country of destination shall
under Article I of this Agreement and shall bear the costs      hand over to the authorized agent of the Community a certifi­
resulting from renunciation.                                   cate of acceptance which shall set out the port of shipment,
                                                               date of acceptance and the nature and quantity of the goods
In any event, after an interval of 15 clear days and in the    accepted, together with any comments on the quality of the
absence of any notice on the part of the country of destina­   goods. A copy of the certificate shall be sent to the Commis­
tion , renunciation shall be deemed to have taken place .       sion of the European Communities.
                Information on the signing of the Agreement between the European Economic
                  Community and the Republic of the Philippines on the supply of food aid
                The Agreement between the European Economic Community and the Philippines on the
                supply of skimmed-milk powder as food aid, which the Council decided to conclude on
                17 December 1974, was signed in Brussels on 18 December 1974, on behalf of the
                Council of the European Communities by :
                Mr Etienne Burin des Roziers, 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,
                on behalf of the Government of the Republic of the Philippines by :
                Mr Carlos A. Faustino, Ambassador Extraordinary and Plenipotentiary, Head of the Philip­
                pines Mission to the European Economic Community.