CELEX: 
Language: en
Date: 1975-09-04 00:00:00
Title: Council Decision of 22 July 1975 on the conclusion of the Agreement between the European Economic Community and the Republic of Niger on the supply of skimmed-milk powder as food aid #Agreement between the European Economic Community and the Republic of Niger on the supply of skimmed-milk powder as food aid

No L 233/ 28                    Official Journal of the European Communities                       4 . 9 . 75
                                            COUNCIL DECISION
                                                 of 22 July 1975
           on the conclusion of the Agreement between the European Economic Commu­
           nity and the Republic of Niger on the supply of skimmed-milk powder as food
                                                        aid
                                                   (75/522/ 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 3234/74 and (EEC) No 3236/74 ('), the Council has
           decided to make 1 500 metric tons of skimmed-milk powder available to the Republic of
            Niger,
            HAS DECIDED AS FOLLOWS :
                                                     Article 1
           The Agreement between the European Economic Community and the Republic of Niger
            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, 22 July 1975 .
                                                                      For the Council
                                                                       The President
                                                                        M. RUMOR
           (') OJ No L 346, 24. 12. 1974, pp. 2 and 4.
 ---documentbreak--- 4. 9 . 75                           Official Journal of the European Communities                            No L 233 / 29
                                                     AGREEMENT
              between the European Economic Community and the Republic of Niger 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 NIGER,
               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 :
               THE GOVERNMENT OF THE REPUBLIC OF NIGER :
               WHO HAVE AGREED AS FOLLOWS :
                          Article I                                                     Article IV
                                                               The country of destination undertakes to make all the
The European Economic Community, hereinafter
 referred to as the 'Community', shall supply the Repu­        necessary arrangements for the transport and insur­
                                                               ance of the product from the distribution centres to
blic of Niger, hereinafter referred to as the 'country of
                                                               the places of destination .
 destination', by way of gift, with 1 500 metric tons of
 skimmed-milk powder of which 750 metric tons are
 attributable to the 1974 food-aid programme (skim­
 med-milk powder) and 750 metric tons to that of                                        Article V
 1975. The quality and packaging requirements are
 specified in Annex I, which forms an integral part of         The country of destination undertakes to use the
 this Agreement.                                               product received as aid for human consumption and
                                                               to distribute it free of charge to the needy populations.
                          Article II                                                    Article VI
 Deliveries shall be made to distribution centres, to be       The Community shall grant the country of destination
 fixed by mutual consent of the country of destination         a lump-sum contribution towards the transport costs
 and the Community.                                            incurred by that country within the African continent
                                                               from the distribution centres referred to in Article II .
                                                               The amount of the contribution fixed on the basis of
                         Article III                           an allocation scheme proposed by the country of desti­
                                                               nation shall not exceed 12 000 000 CFA francs .
 The obligations and responsibilities of the Commu­            The Community undertakes to pay this amount into a
 nity and of the country of destination , relating to          special account to be opened for this purpose in the
 delivery and receipt are defined in Annex II , which           name of the authority responsible for the transaction ,
 forms an integral part of this Agreement.                     as follows :
 ---pagebreak--- No L 233 / 30                      Official Journal of the European Communities                              4. 9 . 75
— 30 % after the goods have been loaded and at the           — the export, commercially or otherwise, within six
    request of the country of destination, to enable the          months from the date of the last delivery, of both
    transaction to commence ;                                     the product obtained locally which is of the same
— 40 % as soon as 3/ 5 of the first instalment have               kind as that received as aid or of products derived
    been used up, on the basis of documents proving               from it.
    that the goods have been transported to this stage
    and submitted by the competent authority to the                                  Article IX
    Commission delegate who, after having checked
    such documents, shall pass on the appropriate call       The country of destination undertakes to inform the
    for funds to the Commission ;                            Community of the manner in which this Agreement
                                                             is performed. To this end, it shall communicate the
— the balance calculated in proportion to the quanti­        following information to the Commission of the Euro­
    ties actually transported and in terms of the actual     pean Communities every three months until the quan­
    distribution centres, to be paid on completion of        tities received as aid have been fully used : quantities
    the transaction after receipt by the Commission of       distributed ; number and nature of the beneficiaries ;
    a report, together with documents, duly endorsed         places, rate and method of distribution .
    by the Commission delegate, proving that the
    goods have been transported.
                                                                                     Article X
                       Article VII                           The country of destination shall take all appropriate
                                                             measures to enable those persons duly authorized by
The Contracting Parties undertake to implement this
                                                             the Community to make on the spot observations of
Agreement in such a way as to avoid any prejudice to
                                                             the operations connected with the implementation of
the normal structure of domestic production and inter­
                                                             the Agreement.
national trade . To this end, they shall take any
measures required to ensure that aid supplies are in
                                                                                     Article XI
addition to, and do not replace, commercial transac­
tions which might reasonably be expected in the              At the request of either of them, the Contracting
absence of such supplies.                                    Parties shall consult each other on any questions
                                                             concerning the implementation of this Agreement.
                       Article VIII
                                                                                    Article XII
The country of destination shall take all appropriate
measures to prevent :                                        This Agreement is drawn up in duplicate in the
— the re-export of the product received as aid and of        Danish, Dutch, English, French, German and Italian
    products derived from it ;                               languages, each of these texts being authentic.
 ---pagebreak--- 4 . 9 . 75                               Official Journal of the European Communities                              No L 233/31
                                                            ANNEX I
                                                     SKIMMED-MILK POWDER
                                          QUALITY AND PACKING REQUIREMENTS
            I. Quality requirements
                (a)  fat content :                                   not exceeding 1 -5 %
                (b)  moisture 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) bacteria content :                               not exceeding 50 000 per g
                (j) test for colon bacillus :                        negative in 01 g
                (k) flavour and smell :                              fresh
                (1) appearance                                       white or slightly yellowish, absence of impuri­
                                                                     ties and coloured particles .
           II . Packaging
                (a) containing 25 kg net weight ;
                (b) made up in one of the following ways :
                     (aa) 4 Kraft paper bags of a strength representing at least 70 g/ m 2 ;
                           1 intercalated bag of tar-lined paper, of a strength representing at least 140 g/ m 2 ;
                           1 polyethylene inner bag at least 0 06 mm thick, welded or double-bound ;
                           or
                      (bb) 1 Kraft paper bag of a strength representing at least 70 g/m2 ;
                            1 Kraft paper bag with a polyethylene lining, of a strength representing at least 80 g +
                            1 5 g/ m 2 ;
                           3 Kraft paper bags of a strength representing at least 70 g/ m 2 ;
                            1 polyethylene inner bag at least 0 06 mm thick, welded or double-bound ;
                           or
                      (cc) 1 Kraft paper outer bag of a strength representing at least 85 g/m 2 ;
                            1 Kraft paper bag with a polyethylene lining, of a strength representing at least 70 g +
                            1 5 g/ m 2 ;
                           2 Kraft paper bags of a strength representing at least 70 g/ m 2 ;
                            1 polyethylene inner bag at least 0-12 mm thick, welded or double-bound .
                 (c) Details on the packaging (in French) :
                       LAIT ÉCRÉMÉ EN POUDRE / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EURO­
                      PÉENNE A LA RÉPUBLIQUE DU NIGER / A DISTRIBUER GRATUITEMENT
 ---pagebreak--- No L 233 / 32                        Official Journal of the European Communities                                   4. 9 . 75
                                                           ANNEX II
                                     PROCEDURES FOR DELIVERY AND RECEIPT
                          Article 1                             distribution centre . It shall confirm that date at least two
                                                                days in advance .
Delivery shall be effected and all risk shall pass from the
Community to the country of destination at the moment
when the goods actually arrive and are unloaded at the distri­
bution centre .                                                                            Article 4
The country of destination shall bear all costs for taking
                                                                To implement this Annex, the Community shall appoint an
delivery of the goods, any transhipment costs and all other
                                                                authorized agent whose name and address it shall make
costs subsequent to delivery .
                                                                known in good time to the country of destination .
Any costs resulting from delays in taking delivery which are
attributable to the country of destination shall be borne by    At each place of delivery, the country of destination shall
the latter.                                                     appoint for each distribution centre a receiving agent whose
                                                                name and address it shall make known to the Community
                          Article 2                             before the Agreement is implemented.
The Community shall notify to the country of destination , as
soon as possible, the means of transport to be used to carry
                                                                                            Article 5
the goods to the distribution centre, the means of shipment
to be used during the intermediary phases, the date of
loading and the quantity and quality of the goods as            On delivery of the goods, the country of destination shall
recorded on shipment from the Community.                        hand to the authorized agent of the Community a certificate
                                                                of receipt which shall set out the place and date of receipt,
                          Article 3                             the nature and the quantity of the goods received, together
                                                                with any comments on the quality of those goods. A copy of
The Community shall inform the country of destination in        the certificate shall be sent to the Commission of the Euro­
good time of the expected date of arrival of the goods at the.  pean Communities .
                Information on the signing of the Agreement between the European Economic
                       Community and the Republic of Niger on the supply of food aid
                The Agreement between the European Economic Community and Niger on the supply
                of skimmed-milk powder as food aid, which the Council decided to conclude on 22 July
                1975, was signed in Brussels on 23 July 1975, on behalf of the Council of the European
                Communities by :
                Mr Giorgio Bombassei Frascani de Vettor, Ambassador of Italy, Chairman of the Perma­
                nent 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 Niger by :
                Mr Jean Poisson , Ambassador Extraordinary and Plenipotentiary, Representative of the
                Government of Niger to the European Economic Community .
 ---documentbreak--- NA ---documentbreak--- No L 233 / 32                        Official Journal of the European Communities                                   4. 9 . 75
                                                           ANNEX II
                                     PROCEDURES FOR DELIVERY AND RECEIPT
                          Article 1                             distribution centre . It shall confirm that date at least two
                                                                days in advance .
Delivery shall be effected and all risk shall pass from the
Community to the country of destination at the moment
when the goods actually arrive and are unloaded at the distri­
bution centre .                                                                            Article 4
The country of destination shall bear all costs for taking
                                                                To implement this Annex, the Community shall appoint an
delivery of the goods, any transhipment costs and all other
                                                                authorized agent whose name and address it shall make
costs subsequent to delivery .
                                                                known in good time to the country of destination .
Any costs resulting from delays in taking delivery which are
attributable to the country of destination shall be borne by    At each place of delivery, the country of destination shall
the latter.                                                     appoint for each distribution centre a receiving agent whose
                                                                name and address it shall make known to the Community
                          Article 2                             before the Agreement is implemented.
The Community shall notify to the country of destination , as
soon as possible, the means of transport to be used to carry
                                                                                            Article 5
the goods to the distribution centre, the means of shipment
to be used during the intermediary phases, the date of
loading and the quantity and quality of the goods as            On delivery of the goods, the country of destination shall
recorded on shipment from the Community.                        hand to the authorized agent of the Community a certificate
                                                                of receipt which shall set out the place and date of receipt,
                          Article 3                             the nature and the quantity of the goods received, together
                                                                with any comments on the quality of those goods. A copy of
The Community shall inform the country of destination in        the certificate shall be sent to the Commission of the Euro­
good time of the expected date of arrival of the goods at the.  pean Communities .
                Information on the signing of the Agreement between the European Economic
                       Community and the Republic of Niger on the supply of food aid
                The Agreement between the European Economic Community and Niger on the supply
                of skimmed-milk powder as food aid, which the Council decided to conclude on 22 July
                1975, was signed in Brussels on 23 July 1975, on behalf of the Council of the European
                Communities by :
                Mr Giorgio Bombassei Frascani de Vettor, Ambassador of Italy, Chairman of the Perma­
                nent 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 Niger by :
                Mr Jean Poisson , Ambassador Extraordinary and Plenipotentiary, Representative of the
                Government of Niger to the European Economic Community .