CELEX: 
Language: en
Date: 1975-04-08 00:00:00
Title: Council Decision of 17 February 1975 on the conclusion of the Agreement between the European Economic Community and the Yemen Arab Republic on the supply of skimmed-milk powder as food aid #Agreement between the European Economic Community and the Yemen Arab Republic on the supply of skimmed-milk powder as food aid

8 . 4 . 75                      Official Journal of the European Communities                       No L 87/ 15
                                                        II
                                    (Acts whose publication is not obligatory)
                                               COUNCIL
                                            COUNCIL DECISION
                                              of 17 February 1975
           on the conclusion of the Agreement between the European Economic Commu­
           nity and the Yemen Arab Republic on the supply of skimmed-milk powder as
                                                    food aid
                                                  (75/ 194/ 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 Regulation (EEC) No 1827/74, the Council has decided to make 300 metric
           tons of skimmed-milk powder available to the Yemen Arab Republic,
           HAS DECIDED AS FOLLOWS :
                                                    Article 1
           The Agreement between the European Economic Community and the Yemen Arab Repu­
           blic 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, 17 February 1975 .
                                                                       For the Council
                                                                        The President
                                                                          R. RYAN
 ---documentbreak--- No L 87 / 16                           Official Journal of the European Communities                              8 . 4 . 75
                                                        AGREEMENT
               between the European Economic Community and the Yemen Arab Republic on
                                    the supply of skimmed-milk powder as food aid
               THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
               of the one part,
               THE GOVERNMENT OF THE YEMEN ARAB REPUBLIC,
               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 YEMEN ARAB REPUBLIC :
               WHO HAVE AGREED AS FOLLOWS :
                          Article I                              fair competition . Any problems arising in this connec­
                                                                 tion shall be the subject of consultations under Article
                                                                 VIII .
The European Economic Community, hereinafter
referred to as the ' Community', shall supply the
Yemen Arab Republic, hereinafter referred to as the
'country of destination ', by way of gift, with 300                                     Article IV
metric tons of skimmed-milk powder, of which the
quality and packaging requirements are specified in              The country of destination undertakes to use the
Annex I , which forms an integral part of this Agree­            product received as aid for consumption and to distri­
ment .                                                           bute it free of charge to the needy populations .
                                                                                        Article V
                         Article II
                                                                 The Contracting Parties undertake to implement this
Deliveries    will   be made      in  accordance   with  the     Agreement in such a way as to avoid any prejudice to
detailed rules set out in Annex II , which forms an inte­        the normal structure of domestic production and inter­
gral part of this Agreement .                                    national trade . To this end, they shall take any
                                                                 measures required to ensure that aid supplies are in
                                                                 addition to, and do not replace, commercial transac­
                         Article III                             tions which might reasonably be expected in the
                                                                 absence of such supplies.
The country of destination undertakes to make all
necessary arrangements for the transport and insur­                                     Article VI
ance of the product from point of delivery to places of
destination .
                                                                 The country of destination shall take all appropriate
                                                                 measures to prevent :
It undertakes to exercise the greatest possible care to
ensure that the tendering arrangements for the trans­            — the re-export of the product received as aid and of
port by sea shall not be prejudicial to the free play of              products derived from it,
 ---pagebreak--- 8 . 4 . 75                           Official Journal of the European Communities                         No L 87 / 17
— the export, commercially or otherwise, within six                completed ; costs of sea transport and of insurance
     months from the date of the last delivery, both of            relating thereto ;
     the product obtained locally which is of the same
     kind as that received as aid or of products derived        2. every three months until the quantities received as
     from it .                                                     aid have been fully used : quantities distributed ;
                                                                   number and nature of the beneficiaries ; places,
                                                                   rate and method of distribution .
                       Article VII
                                                                                      Article VIII
The country of destination undertakes to inform the
Community of the manner in which this Agreement                At the request of either of them , the Contracting
is performed . To this end, it shall communicate the            Parties shall consult each other on any questions
following information to the Commission of the Euro­            concerning the implementation of this Agreement.
pean Communities :
                                                                                       Article IX
1 . immediately after the discharge of each cargo : port
    and date of arrival of vessel ; nature and quantity of     This Agreement is drawn up in duplicate in the
    the product discharged and any observations as to           Danish, Dutch , English , French , German and Italian
    the quality ; date on which discharge was                   languages, each of these texts being authentic .
 ---pagebreak--- No L 87/ 18                              Official Journal of the European Communities                                     8 . 4 . 75
                                                            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) 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/ m ' ;
                            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/m 2 ;
                            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 YEMEN ARAB REPUBLIC FOR FREE DISTRIBUTION .
 ---pagebreak---  8 . 4 . 75                            Official Journal of the European Communities                                 No L 87/ 19
                                                             ANNEX II
                                       DELIVERY AND ACCEPTANCE PROCEDURES
                          CHAPTER I                                                           A rticle 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 the
                                                                  delivery of all the goods or of the undelivered part thereof.
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
                                                                                           CHAPTER III
named by the Commission of the European Communities at
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 clear
dispatch and if possible before the appointment of the agent      days in advance and in any case 10 clear days before the date
of the Community .                                                for commencement of delivery.
                                                                  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                                    Article 7
of the Community referred to in Article 2, the Commission
of the European Communities and the country of destination        Where the country of destination is unable to begin loading
shall establish by joint agreement the period during which        on the date provided for in the first paragraph of Article 6,
delivery must begin .                                             the agent of the country of destination shall inform the agent
                                                                  of the Community without delay.
                                                                  In this event the agents of the Community and of the
                         CHAPTER II
                                                                  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 .
                            A rticle 4                            Should the new date provided for in the second paragraph be
                                                                  more than 30 clear days after the date for loading provided
Where the Community is not in a position to carry out             for in the first paragraph of Article 6, the Community may
delivery on the date and, if applicable, according to the sche­   dispose of the goods without prejudice to its commitment
dule laid down in Article 6, all costs arising for the country    under Article I of this Agreement.
of destination — for example, 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 paragraph 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--- No L 87 / 20                         Official Journal of the European Communities                                     8 . 4 . 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 1 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 th'e 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 Yemen Arab Republic on the supply of food aid
                The Agreement between the European Economic Community and Yemen on the supply
                of skimmed-milk powder as food aid, which the Council decided to conclude on 17
                February 1975, was signed in Brussels on 20 February 1975, on behalf of the Council of
                the European Communities by :
                Mr Brendan Dillon , 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 Yemen Arab Republic ' by :
                Mr Ahmed Kaid Barakat, Ambassador Extraordinary and Plenipotentiary, Head of that
                Country's Mission to the European Economic Communities .
 ---documentbreak--- NA ---documentbreak--- No L 87 / 20                         Official Journal of the European Communities                                     8 . 4 . 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 1 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 th'e 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 Yemen Arab Republic on the supply of food aid
                The Agreement between the European Economic Community and Yemen on the supply
                of skimmed-milk powder as food aid, which the Council decided to conclude on 17
                February 1975, was signed in Brussels on 20 February 1975, on behalf of the Council of
                the European Communities by :
                Mr Brendan Dillon , 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 Yemen Arab Republic ' by :
                Mr Ahmed Kaid Barakat, Ambassador Extraordinary and Plenipotentiary, Head of that
                Country's Mission to the European Economic Communities .