CELEX: 21975A0408(02)
Language: en
Date: 1975-02-17 00:00:00
Title: Agreement between the European Economic Community and the Democratic Republic of Sudan on the supply of skimmed-milk powder as food aid

No L 87/ 22                           Official Journal of the European Communities                               8 . 4. 75
                                                       AGREEMENT
               between the European Economic Community and the Democratic Republic of
                            Sudan on the supply of skimmed-milk powder as food aid
               THE COUNCIL OF THE EUROPEAN COMMUNITIES,
               of the one part,
               THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF SUDAN ,
               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 DEMOCRATIC REPUBLIC OF SUDAN :
               WHO HAVE AGREED AS FOLLOWS :
                           Article I                             tion shall be the subject of consultations under Article
                                                                 VIII .
The European Economic Community, hereinafter
referred to as the ' Community', shall supply the
Democratic Republic of Sudan , hereinafter referred to                                  Article IV
as the 'country of destination ', by way of gift, with 300
metric tons of skimmed-milk powder, of which the                 The country of destination undertakes to use the
quality and packaging requirements are specified in              product received as aid for purposes of consumption
Annex I , which forms an integral part of this Agree­            and to apply, for the sale of the product on its market,
ment .
                                                                 the prices normally charged on that market for
                                                                 products of comparable quality.
                          Article II                             The proceeds from this sale shall be paid into a
                                                                 special account at the central bank of that country and
Deliveries    shall    be made    in accordance   with  the      allocated to the financing of one or more develop­
detailed rules set out in Annex II , which forms an inte­        ment schemes in accordance with the procedure to be
gral part of this Agreement .                                    agreed between the recipient country and the Commu­
                                                                 nity.
                          Article III
                                                                                        Article V
The country of destination undertakes to make all
necessary arrangements for the transport and insur­              The Contracting Parties undertake to implement this
ance of the product from point of delivery to places of          Agreement in such a way as to avoid any prejudice to
destination .                                                    the normal structure of domestic production and inter­
                                                                 national trade . To this end they shall take any
It undertakes to exercise the greatest possible care to          measures required to ensure that aid supplies are in
ensure that the tendering arrangements for the trans­            addition to, and do not replace, commercial transac­
port by sea shall not be prejudicial to the free play of         tions which might reasonably be expected in the
fair competition . Any problems arising in this connec­          absence of such supplies .
 ---pagebreak---  8 . 4 . 75                           Official Journal of the European Communities                           No L 87/ 23
                         Article VI                                 have been sold , selling prices ; normal selling costs
                                                                    on the market of the country of destination ; insur­
The country of destination shall take all appropriate               ance costs and , where appropriate , transport costs
measures to prevent :
                                                                    from the port of discharge to the places of destina­
— the re-export of the product received as aid and of               tion ;
      products resulting from such supplies,
— the export, commercially or otherwise, within six             3 . on 15 January every year until the special account
      months of the last delivery, either of local produce          has been fully used :
      of the same nature as that received as aid or of any          (a ) state of this account (deposits and withdrawals)
      products resulting from it .                                       on 31 December of the preceding year ;
                         Article VII
                                                                    (b) progress achieved in the project or projects,
                                                                         with   an  indication  of the   total amount   of
The country of destination undertakes to inform the                      financing carried out at that stage .
Community of the mode of implementation of this
Agreement . To this end it shall provide the Commis­                                    Article VIII
sion of the European Communities with the following
information :
                                                                At the request of either of them , the Contracting
1 . immediately after the discharge of each cargo : port        Parties shall consult each other on any questions
     and date of arrival of vessel ; nature and quantity of     conerning the implementation of this Agreement .
     the product discharged and any observations as to
     the quality ; date on which discharge was
                                                                                         Article IX
     completed ; costs of sea transport and of insurance
     relating thereto ;
                                                                This Agreement shall be 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 tliev     languages, each of these texts being authentic .
 ---pagebreak--- No L 87 / 24                                   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 -2 ;
                                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 - ;
                                 one Kraft paper bag with a polyethylene layer of a strength representing at least 80 g -f
                                  I 5 g/ m 2 ;
                                 three Kraft paper bags of a strength representing at least 70 g/ m : ;
                                 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 DEMOCRATIC REPUBLIC OF SUDAN .
 ---pagebreak--- 8 . 4 . 75                              Official Journal of the European Communities                                 No L 87 / 25
                                                               ANNEX II
                                       DELIVERY AND ACCEPTANCE 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
                                                                    of the country of destination may, without prejudice to
                            Article 1
                                                                    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
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
Annex . Without prejudice to Articles 7 and 8 the Commu­                     Obligations of the country of destination
nity shall bear all costs prior to delivery and the country of
destination all costs after delivery .
                                                                                                Article 6
                            Article 2
                                                                     After contacting the Community , the country of destination
For the purpose of implementing the provisions of this              shall procure , to transport all the quantities provided for in
Annex the Community shall appoint — if necessary for each            Article I of the Agreement , one or more vessels of dimen­
consignment — an agent whose name and address it shall              sions corresponding to the normal capacity of the port of
make known to the country of destination immediately                shipment ; these vessels must be ready for loading on a date
following his appointment . For each port of shipment the            falling within the period referred to in Article 3 .
country of destination shall appoint an agent whose name
and address it shall make known to the Community with all           The agent of the country of destination shall inform the
dispatch and if possible before the appointment of the agent         Community of this date and of the date for commencement
of the Community .                                                  of delivery as soon as he knows them , if possible 20 clear
                                                                    days in advance and in any case 10 clear days before the date
                                                                     for commencement of delivery .
                            Article 3
                                                                     He shall establish with the agent of the Community the sche­
Before implementing the procedure for appointing the agent          dule according to which delivery shall take place .
of the Community referred to in Article 2, the Commission
of the European Communities and the country of destination
                                                                                                Article 7
shall establish by joint agreement the period during which
delivery must begin .
                                                                     Where the country of destination is unable to begin loading
                                                                     on the date provided for in the first paragraph of Article 6 ,
                                                                     the agent of the country of destination shall inform the agent
                         CHAPTER II                                  of the Community without delay .
                                                                     In this event the agents of the Community and of the
              Obligations of the Community                           country of destination may agree on a new date for the
                                                                     commencement of delivery and , if applicable , a new sche­
                                                                     dule . Save in cases of force iintjenre, 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    Should the new date provided for in the second paragraph be
dule laid down in Article 6 , all costs arising for the country      more than M ) clear days after the date for loading provided
of destination — for example , demurrage , void freight and          for in the first paragraph of Article 6 , the Community may
dead freight — shall be borne by the Community .                     dispose of the goods without prejudice to its commitment
                                                                     under Article I of this Agreement .
The charges and the arrangements relating to demurrage laid
down in the contract concluded between the country of desti­
nation and the carrier must have previously been agreed by                                      Article S
the country ot destination and the agent of the Community .
                                                                     Where the quantity intended for loading on a vessel cannot
The other costs referred to in the first paragraph shall be          be loaded on board in its entirety , the country of destination
refunded by the Community only if they have been paid by             shall inform the Community as soon as possible , and no
the country of destination with the approval of the Commu­           later than 15 clear days after loading has been completed ,
nity .                                                               whether it intends to accept or to renounce the balance .
 ---pagebreak--- No L 87 / 26                          Official Journal of the European Communities                                     8 . 4 . 75
In the former case the second and third paragraphs of Article                              Article 9
7 shall apply to the balance , if delivery has not yet taken
place .
In the latter case the Community may consider that it has
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 Democratic Republic of Sudan on the supply of food aid
                The Agreement between the European Economic Community and Sudan 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 Democratic Republic of Sudan by :
                Mr Aboubaker Osman Mohamed Sal i h , Ambassador Extraordinary and Plenipotentiary of
                Sudan to France .