CELEX: 21975A0114(02)
Language: en
Date: 1974-10-21 00:00:00
Title: Agreement between the European Economic Community and the Republic of India on the supply of skimmed-milk powder as food aid

14. 1 . 75                          Official Journal of the European Communities                            No L 9 / 21
                                                     AGREEMENT
              between the European Economic Community and the Republic of India on the
                                   supply of skimmed-milk powder as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITES,
              of the one part,
              THE GOVERNMENT OF THE REPUBLIC OF INDIA,
              of the other part,
              HAVE DECIDED to conclude this Agreement, and to this end have designated as their Plenipoten­
              tiaries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE GOVERNMENT OF THE REPUBLIC OF INDIA :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                            and to apply, for the sale of the products on its
                                                              market, the prices normally charged on that market
The European Economic Community, hereinafter
                                                              for products of comparable quality.
referred to as the 'Community', shall supply by way of
gift to the Republic of India, hereinafter referred to as
the 'country of destination ', 2 750 metric tons of skim­     The proceeds of this sale, evaluated on a lump-sum
med-milk powder of the quality and with the pack­             basis by agreement between the Community and the
aging specified in Annex I, which forms an integral           country of destination shall be entered as revenue in
part of this Agreement.                                       the budget of the central government of that country
                                                              and used for the financing of development projects
                        Article II                            which shall be communicated by the country of desti­
                                                              nation and which shall not give rise to any observa­
Deliveries shall be made in accordance with the               tions on the part of the Community.
arrangements set out in Annex II which forms an inte­
gral part of this Agreement.
                                                                                     Article V
                        Article III
The country of destination undertakes to make all the         The Contracting Parties undertake to implement this
necessary arrangements for the transport and insur­           Agreement in such a way as to avoid any prejudice to
ance of the delivered products from the point of              the normal structure of domestic production and inter­
delivery to their places of destination .                     national trade. To this end, they shall take any
                                                              measures required to ensure that aid supplies are in
It undertakes to exercise the greatest care to ensure         addition to, and do not replace, commercial transac­
that the tendering arrangements for sea transport do          tions which might reasonably be expected in the
not prejudice the free play of competition . Any              absence of such supplies.
problems arising in this connection shall be the
subject of consultations under Article VIII .
                                                                                     Article VI
                        Article IV
The country of destination undertakes to use the              The country of destination shall take all appropriate
products received as aid for purposes of consumption          measures to prevent :
 ---pagebreak---  No L 9 / 22                         Official Journal of the European Communities                            14. 1 . 75
— the re-export of the products received as aid and                 have been sold, selling prices ; normal selling costs
      of products derived from them ;                               on the market of the country of destination ; insur­
— the export, commercially or otherwise, within six                 ance costs and, where appropriate, transport costs
      months from the date of the last delivery, either of          from the port of discharge to the places of destina­
      products obtained locally of the same kind as                 tion ;
      those received as aid or of any products derived
      from them .                                               3 . on 15 January every year until completion of the
                                                                    development projects : progress achieved in the
                        Article VII                                 project or projects, with an indication of the total
                                                                    amount of financing carried out at that stage .
 The country of destination undertakes to inform the
•Community of the circumstances surrounding the
                                                                                      Article VIII
 implementation of this Agreement. For this purpose,
 it shall provide the Commission of the European
 Communities with the following details :                       At the request of either of them , the Contracting
                                                                Parties shall consult each other on any questions
 1 . immediately after the discharge of each cargo : port       concerning the implementation of this Agreement.
     and date of arrival of vessel ; nature and quantity of
     the products discharged and any observations as to
     quality ; date on which discharge was completed ;                                  Article IX
     costs of sea transport and of insurance relating
     thereto ;                                                  This Agreement is drawn up in duplicate in the
 2. every three months until the quantities received as         Danish, Dutch , English, French, German and Italian
     aid have been fully used : quantities sold, how they       languages, each of these texts being authentic .
 ---pagebreak--- 14. 1 . 75                            Official Journal of the European Communities                                   No L 9/23
                                                           ANNEX I
                                                  SKIMMED-MILK POWDER
                                        QUALITY AND PACKAGING REQUIREMENTS
            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 g
                (k) strength of colon bacillus :                    negative in 0.1 g
                (1) flavour and smell :                             fresh
                (m) appearance :                                    white or slightly yellowish, absence of impuri­
                                                                    ties and coloured particles .
           II . Packing
                (a) Containing 25 kg net weight.
                (b) Composition :
                    (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/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/m 2 ;
                          2 'Kraft' paper bags of a strength representing at least 70/75 g/m 2 ;
                          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/ m 2 ;
                          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 OF THE EUROPEAN ECONOMIC COMMUNITY
                    TO THE REPUBLIC OF INDIA .
 ---pagebreak--- No L 9 /24                             Official Journal of the European Communities                                     14 . 1 . 75
                                                             ANNEX II
                                                   DELIVERY PROCEDURES
                         CHAPTER I                                                             Article 5
                                                                  Where it is impossible for the Community to supply all or
                     General provisions                            part of the goods on the date and within the time limits
                                                                   provided for in Article 6, the agents of the Community and
                            Article 1
                                                                  of the country of destination may, without prejudice to
                                                                  Article 4, agree on a new date and a new time limit for
                                                                   delivery.
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 put down at the point of exportation
named by the Commission of the European Communities at                                      CHAPTER III
the berth specified by the country of destination or its agent
referred to in Article 2 and under the terms specified in this             Obligations of the country of destination
Annex. Without prejudice to Articles 7 and 8 the Commu­
nity shall bear all costs prior to delivery and the country of
destination all costs after delivery.                                                          Article 6
                                                                   After contacting the Community, the country of destination
                            Article 2                              shall procure, to transport all the quantities provided for in
                                                                   Article I of the Agreement, one or more vessels of dimen­
For the purpose of implementing the provisions of this             sions corresponding to the normal capacity of the port of
Annex the Community shall appoint — if necessary for each          shipment ; these vessels must be ready for loading on a date
consignment — an agent whose name and address it shall             falling within the period referred to in Article 3 .
make known to the country of destination immediately
following his appointment. For each port of shipment the           The agent of the country of destination shall inform the
country of destination shall appoint an agent whose name           Community of this date and of the date for commencement
and address it shall make known to the Community with all          of delivery as soon as he knows them, if possible 20 days in
dispatch and if possible before the appointment of the agent       advance and in any case 10 days before the date for
of the Community.                                                  commencement of delivery .
                                                                   He shall establish with the agent of the Community the sche­
                            Article J                              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
                                                                   commencement of delivery and , if applicable, a new sche­
              Obligations of the Community                         dule. Save in cases of force majeure the costs arising from the
                                                                   delay in loading shall be borne by the country of destination .
                            Article 4
                                                                   Should the new date be more than 30 clear days after the
                                                                   date for loading provided for in the first paragraph of Article
Where the Community is not in a position to carry out
                                                                   6, the Community may dispose of the goods without preju­
delivery on the date, and, if applicable, according to the sche­
                                                                   dice to the commitment under Article I of this Agreement .
dule laid down in Article 6, all costs arising for the country
of destination — in particular demurrage void freight and
dead freight — shall be borne by the Community.                                                Article 8
The charges and the arrangements relating to demurrage laid        Where the quantity intended for loading on a vessel cannot
down in the contract concluded between the country of desti­       be loaded on board in its entirety, the country of destination
nation and the carrier must have previously been agreed by         shall inform the Community as soon as possible , and no
the country of destination and the agent of the Community.         later than 15 clear days after loading has been completed,
                                                                   whether it intends to accept or to renounce the balance .
The other costs referred to in the first subparagraph shall be
refunded by the Community only if they have been paid by           In the former case the second and third paragraphs of Article
the country of destination with the approval of the Commu­         7 shall apply to the balance, if delivery has not yet taken
 nity .                                                            place .
 ---pagebreak--- 14 . 1 . 75                          Official Journal of the European Communities                             No L 9 / 25
In the latter case the Community may consider that it has                               Article 9
discharged its commitment to the country of destination
under Article I of this Agreement and shall bear the costs
resulting from renunciation .                                  Upon delivery of the goods, the country of destination shall
                                                               hand over to the agent of the Community a certificate of
In any event, after an interval of 15 clear days and in the    acceptance stating the port of shipment, date of acceptance
absence of any notice on the part of the country of destina­   and the nature and quantity of the goods accepted, together
tion, renunciation shall be deemed to have taken place.        with any comments on the quality of the goods.
               Information on the signing of the Agreement between the European Economic
                       Community and the Republic of India on the supply of food aid
               The Agreement between the European Economic Community and the Republic of India
               on the supply of skimmed-milk powder as food aid, which the Council decided to
               conclude on 21 October 1974, was signed in Brussels on 24 October 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,
               and on behalf of the Government of the Republic of India by :
               Mr Krishen Behari Lall, Ambassador Extraordinary and Plenipotentiary, Head of the
               Indian Mission to the European Economic Community.