CELEX: 
Language: en
Date: 1974-02-25 00:00:00
Title: Council Decision of 15 October 1973 on the conclusion of the Agreement between the European Economic Community and the Arab Republic of Egypt on the supply of skimmed-milk powder as food aid #Agreement between the European Economic Community and the Arab Republic of Egypt on the supply of skimmed-milk powder as food aid

25 . 2. 74                           Official Journal of the European Communities                           No L 53/ 1
                                                            II
                                         (Acts whose publication is not obligatory)
                                                    COUNCIL
                                                 COUNCIL DECISION
                                                   of 15 October 1973
            on the conclusion of the Agreement between the European Economic Commu­
            nity and the Arab Republic of Egypt on the supply of skimmed-milk powder as
                                                         food aid
                                                       (74/83/ EEC)
THE COUNCIL OF THE EUROPEAN                                      supply of skimmed-milk powder as food aid, the text
COMMUNITIES,                                                     of which is annexed hereto, is hereby concluded on
                                                                 behalf of the Community.
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 113,
114 and 228 thereof ;                                                                  Article 2
Having regard to the recommendation from the
Commission ;                                                     The President of the Council is hereby authorized to
                                                                 designate the persons empowered to sign the agree­
Whereas in Council Regulation (EEC) No 2721 /72                  ment, and to confer on them the powers necessary to
of 19 December 1972 on the supply of food aid in the             bind the Community.
form of skimmed-milk powder it was decided to make
2 000 metric tons of skimmed-milk powder available
to the Arab Republic of Egypt,
                                                                 Done at Luxembourg, 15 October 1973 .
HAS DECIDED AS FOLLOWS :
                                                                                            For the Council
                         Article 1
                                                                                              The President
The Agreement between the European Economic
Community and the Arab Republic of Egypt for the                                            I. NØRGAARD
(*) OJ No L 291 , 28 . 12. 1972, p. 28 .
 ---documentbreak--- No L 53 /2                           Official Journal of the European Communities                              25 . 2 . 74
                                                     AGREEMENT
             between the European Economic Community and the Arab Republic of Egypt on the
                                      supply of skimmed-milk powder as food aid
             THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
             on the one part,
             THE GOVERNMENT OF THE ARAB REPUBLIC OF EGYPT,
             on the other part,
             HAVE DECIDED to conclude this Agreement, and for this purpose have named as their
              Plenipotentiaries :
             THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE GOVERNMENT OF THE ARAB REPUBLIC OF EGYPT :
              WHO HAVE AGREED AS FOLLOWS :
                          Article I                              insurance of the delivered products from the ports
                                                                 of unloading to their places of destination .
The European Economic Community , hereinafter
referred to as the 'Community', shall supply as a
                                                                                         Article V
gift to the Arab Republic of Egypt, hereinafter
 referred to as the 'country of destination ', 2 000             The country of destination undertakes to use the
metric tons of skimmed-milk powder of the quality                products received as aid for purposes of consump­
 and with the packaging specified in Annex I , which             tion and to distribute such products to refugee popu­
 forms an integral part of this Agreement.                       lations free of charge.
                                                                                         Article VI
                          Article 11
 Deliveries shall be made cif to ports of unloading in           The Contracting Parties undertake to implement
the country of estimation .                                      this Agreement in such a way as to avoid any preju­
                                                                 dice to the normal structure of domestic production
                         Article 111                             and international trade . To this end, they shall take
                                                                 any measures required to ensure that aid supplies
 The obligations and responsibilities of the Commu­              are in addition to, and do not replace, commercial
 nity and of the country of destination, in particular           transactions which might reasonably be expected in
 as regards delivery and the taking of delivery are               the absence of such supplies .
 defined in Annex II , which forms an integral part of
 this Agreement.                                                                         Article VII
                         Article IV                               The country of destination shall take all appro­
                                                                  priate measures to prevent :
 The country of destination undertakes to make all                — the re-export of the products received as aid and
 the necessary arrangements for the transport and                     of products derived from them ;
 ---pagebreak--- 25 . 2 . 74                                 Official Journal of the European Communities                                No L 53 / 3
— the export, commercially or otherwise, within                               buted, number and nature of the beneficiaries,
     six months from the date of the last delivery ,                          places, rate and method of distribution .
     either of the skimmed-milk powder produced
     locally which should be of the same kind as that                                              Article IX
     received as aid or of processed products derived
     from it.                                                            The country of destination shall take all appro­
                                                                         priate measures to enable those persons duly
                              Article VIII                               authorized by the Community to make on the spot
                                                                         observations of the operations connected with the
The country of destination undertakes to inform the                      implementation of the Agreement.
Community of the circumstances surrounding the
implementation of this Agreement. For this purpose,                                                 Article X
it shall communicate to the Commission of the
European Communities the following information :                         At the request of either of them, the Contracting
— not more than 30 days after the unloading of                           Parties shall consult each other on any questions
     each consignment : port and date of ship's                          concerning the implementation of this Agreement.
     arrival ; kind, quantity and quality of products
     unloaded ; date on which unloading was com­                                                   Article XI
     plemented ;
                                                                         This Agreement is drawn up in two copies in the
— every three months until the quantities received                       Danish, Dutch, English, French , German and Italian
     as aid have been fully used : quantities distri­                    languages, each of these texts being authentic.
                                                                ANNEX 1
                                    Quality and conditions of packaging of the skimmed-milk powder
                I. Quality requirements
                     ( a ) fat content :                                     not exceeding 1-5 °/o
                     ( b ) water content :                                   not exceeding 4-0 °/o
                     ( c ) total acidity ( lactic acid ) :                   not exceeding 0-15 %> ( 18 " Dornic )
                     (d ) test for neutralising agents :                     negative
                     ( e) permitted additives :                              none
                     (f) test for phosphatasis :                             negative
                     ( g) solubility :                                       not exceeding 0*5 ml ( not less than
                                                                             99 °/o )
                    ( 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/ ma ;
                                 1 intercalated bag of tar-lined paper of a strength representing at least 140 g/m2 ;
 ---pagebreak--- No L 53 /4                          Official Journal of the European Communities                               25 . 2 . 74
                           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 double-bound ;
                 (c) marking on the packaging (in English) :
                     SKIMMED-MILK           POWDER      —     GIFT    OF    THE     EUROPEAN       ECONOMIC
                     COMMUNITY TO THE ARAB REPUBLIC OF EGYPT
                                                          ANNEX 11
                                     Provisions laid down in Article III of the Agreement
                                                            Article 1
           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 actually taken in charge in the ship's hold
           at the port of unloading.
           The country of destination shall pay all costs subsequent to delivery of the goods, including
           the costs of unloading ( breaking bulk, hoisting, taking delivery, for example) as well as any
           lighterage costs.
           Any demurrage costs or dispatch money at the port of unloading shall be borne by or paid
           to the country of destination . The rates and conditions of payment laid down in the contract
           between the authorized agent of the Community referred to in Article 4 and the carrier must
           have been agreed in advance between that agent and the receiving agent of the country of
           destination referred to in the same Article .
                                                            Article 2
           The Community shall forward to the country of destination , as soon as possible after the
           goods have been shipped, a notice giving the name of the ship, the date of loading, the
           quantity and quality of the goods on loading and the port of unloading.
                                                            Article 3
           The Community shall inform the country of destination of the ship's estimated date of
            ;ii rival at the port of unloading at least 10 clear days before that date.
            It shall have inserted in the charter party an undertaking by the captain to give the country
            of destination at least 72 hours' notice of the probable date of the ship's arrival in the port
            of unloading.
 ---pagebreak--- 25 . 2 . 74                      Official Journal of the European Communities                           No L 53 /5
                                                      Article 4
            To implement the provisions of this Annex, the Community shall appoint an authorized
            agent, whose name and address it shall make known in good time to the country of
            destination .
            The country of destination shall appoint a receiving agent in each port of unloading, whose
            name and address it shall make known to the Community before the Agreement is
            implemented.
            Information on the signing of the Agreement between the European Economic
                       Community and the Arab Republic of Egypt on the supply of food aid
            The Agreement between the European Economic Community and Egypt on the supply
            of skimmed-milk powder as food aid, which the Council decided to conclude on
            15 October 1973 , was signed in Brussels on 5 November 1973 , by
            Mr Niels Ersboll, 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 Council of the European
            Communities, and by
            Mr Aly Hamdy Hussein, Ambassador Extraordinary and Plenipotentiary, Head of
            the Egyptian Mission to the European Communities on behalf of the Egyptian
            Government.
 ---documentbreak--- NA ---documentbreak--- 25 . 2 . 74                      Official Journal of the European Communities                           No L 53 /5
                                                      Article 4
            To implement the provisions of this Annex, the Community shall appoint an authorized
            agent, whose name and address it shall make known in good time to the country of
            destination .
            The country of destination shall appoint a receiving agent in each port of unloading, whose
            name and address it shall make known to the Community before the Agreement is
            implemented.
            Information on the signing of the Agreement between the European Economic
                       Community and the Arab Republic of Egypt on the supply of food aid
            The Agreement between the European Economic Community and Egypt on the supply
            of skimmed-milk powder as food aid, which the Council decided to conclude on
            15 October 1973 , was signed in Brussels on 5 November 1973 , by
            Mr Niels Ersboll, 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 Council of the European
            Communities, and by
            Mr Aly Hamdy Hussein, Ambassador Extraordinary and Plenipotentiary, Head of
            the Egyptian Mission to the European Communities on behalf of the Egyptian
            Government.