CELEX: 
Language: en
Date: 1974-01-28 00:00:00
Title: Council Decision of 9 November 1973 on the conclusion of an Agreement between the European Economic Community and the Republic of Mali on the supply of skimmed-milk powder as food aid #Agreement between the European Economic Community and the Republic of Mali on the supply of skimmed-milk powder as food aid

28 . 1 . 74                      Official Journal of the European Communities                           No L 23/41
                                               COUNCIL DECISION
                                                 of 9 November 1973
            on the conclusion of an Agreement between the European Economic Commu­
            nity and the Republic of Mali on the supply of skimmed-milk powder as food
                                                          aid
                                                      (74/27/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 Council Regulation (EEC) No 1264/73 (') of 14 May 1973 on the supply of
            skimmed-milk powder as food aid to the countries of the Sahel, it was decided to make
            2 100 metric tons of skimmed-milk powder available to the Republic of Mali ;
            Whereas the procedure for fixing the place of destination, referred to in Article II of the
            Agreement should be specified,
            HAS DECIDED AS FOLLOWS :
                                                        Article 1
            The Agreement between the European Economic Community and the Republic of Mali
            on the supply of skimmed-milk powder as food aid, the text of which is annexed hereto,
            is hereby concluded on behalf of the Community.
                                                        Article 2
            The acceptance referred to in Article II of the Agreement shall be given for the Commu­
            nity by the Commission.
                                                        Article 3
            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, 9 November 1973 .
                                                                       For the Council
                                                                         The President
                                                                       Per H^EKKERUP
            f1 ) OJ No L 129, 16. 5. 1973 , p. 27.
 ---documentbreak--- No L 23 /42                          Official Journal of the European Communities                              28 . 1 . 74
                                                     AGREEMENT
             between the European Economic Community and the Republic of Mali on the supply
                                          of skimmed-milk powder as food aid
             THE COUNCIL OF THE EUROPEAN COMMUNITIES,
             on the one part,
             THE GOVERNMENT OF THE REPUBLIC OF MALI ,
              on the other part,
             HAVE DECIDED to conclude this Agreement and to this end have designated as their
             Plenipotentiaries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE GOVERNMENT OF THE REPUBLIC OF MALI :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                                                      Article IV
The European Economic Community, hereinafter                    The country of destination undertakes to make all
referred to as the ' Community', shall supply as a               the necessary arrangements for the transport and
gift to the Republic of Mali, hereinafter referred to            insurance of the delivered products from the ports
as the ' country of destination', 2 100 metric tons of           of discharge to their places of destination .
skimmed-milk powder of the quality and with the
packaging specified in Annex I, which forms an inte­
gral part of this Agreement.                                                             Article V
                                                                 The recipient country undertakes to use the
                         Article II                              products received as aid for consumption and to
                                                                 distribute them free of charge to the needy popula­
                                                                 tions .
Deliveries shall be made to the place of destination
proposed by the country of destination and
accepted by the Community .                                                             Article VI
                                                                 The Contracting Parties undertake to implement
                         Article III                             this Agreement in such a way as to avoid any preju­
                                                                  dice to the normal structure of domestic production
The obligations and responsibilities of the Commu­                and international trade. To this end, they shall take
 nity and of the country of destination , in particular           any measures required to ensure that aid supplies
 as regards delivery and the taking of delivery are               are in addition to , and do not replace, commercial
 defined in Annex II , which forms an integral part of            transactions which might reasonably be expected in
 this Agreement.                                                  the absence of such supplies .
 ---pagebreak---  28 . 1 . 74                              Official Journal of the European Communitirs                              No L 23 /43
                            Article VII                                   unloaded ; date on which discharge was comple­
                                                                          ted ;
 The country of destination shall take all appro­
 priate measures to prevent :                                        2 . every three months until the quantities received
                                                                          as aid have been fully used : quantities distri­
 — the re-export of the products received as aid and                      buted, number and nature of the beneficiaries,
      of products derived from them ;                                     places, rate and method of distribution .
— the export, commercially or otherwise, within                                                  Article IX
     six months from the date of the last delivery,
     either of the skimmed-milk powder produced                      The country of destination shall take all appro­
     locally which should be of the same kind .as that               priate measures to enable those persons duly autho­
     received as aid or of processed products derived                rized by the Community to make on the spot obser­
     from it.                                                        vations of the operations connected with the imple­
                                                                     mentation of the Agreement.
                           Article VIII
                                                                                                 Article X
The country of destination undertakes to inform the                  At the request of either of them, the Contracting
Community of the circumstances surrounding the                       Parties shall consult each other on any questions
implementation of this Agreement. For this purpose,                  concerning the implementation of this Agreement.
it shall communicate to the Commission of the
European Communities the following information :                                                Article XI
1 . not more than 30 days after the unloading of                    This Agreement is drawn up in two copies in the
    each consignment : port and date of ship's                      Danish, Dutch, English, French, German and Italian
    arrival ; kind, quantity and quality of products                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 %>
                    (c) total acidity (lactic acid) :                     not exceeding 0-15 °/o ( 18° Dornic)
                  (d) test for neutralizing agents                        negative
                    (e ) permitted additives :                            none
                    (f) test for iphosphatasis :                          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/g
                  (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
 ---pagebreak--- No L 23 /44                          Official Journal of the European Communities                               28 . 1 . 74
            II. Packaging
                (a) containing 25 kilogrammes net weight ;
                (b) composition :
                     ( aa) 4 Kraft paper bags of a strength representing at least 70 g/m2 ;
                           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 clubipack-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 French) :
                     LAIT ECREME EN POUDRE DON DE LA COMMUNAUTE ECONOMIQUE EURO­
                     PEENNE A LA REPUBLIQUE DU MALI
                                                          ANNEX U
                                      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 actually arrive at the place of destination.
             The country of destination shall pay all costs for taking delivery of the goods, any tranship­
             ment costs and all costs subsequent to delivery.
             Any costs resulting from delays in taking delivery which are attributable to the country of
             destination shall be borne by the latter.
                                                            Article 2
             The Community shall notify the country of destination as soon as possible of the means of
             transport to be used to carry the goods to the place of destination, the means of shipment
             to be used during the intermediary phases, the date of loading and the quantity and quality
             of the goods as recorded on shipment from the Community.
                                                            Article 3
             The Community shall inform the country of destination of the expected date of arrival of
             the goods at the place of destination in good time before that date. It shall confirm that
             date at least two days in advance.
                                                            Article 4
             To implement this Annex, the Community shall appoint an authorized agent, whose name
             and address it shall maike known in good time to the country of destination .
 ---pagebreak--- 28 . 1 . 74                      Official Journal of the European Communities                           No L 23/45
            The country of destination shall appoint a receiving agent at each place of delivery, whose
            name and address it shall make known to the Community before the Agreement is imple­
            mented .
            Information on the signing of the Agreement between the European Economic Com­
                           munity and the Republic of Mali on the supply of food aid
            The Agreement between the European Economic Community and Maid on the supply
            of skimmed-milk powder as food aid which the Council decided to conclude on 9 No­
            vember 1973 was signed in Brussels on 12 November 1973 on behalf of the Council
            of the European Communities by :
            Mr Niels Ersbtfll, Ambassador Extraordinary and Plenipotentiary, Chairman of the
            Permanent Representatives Committee, and
            Mr Hans-Broder Krohn, Director-General for Development and Cooperation of the
            Commission of the European Communities, and on behalf of the Government of Mali
            by :
            Mr Alioune Sissiko, Ambassador, its Representative to the European Communities.
 ---documentbreak--- NA ---documentbreak--- 28 . 1 . 74                      Official Journal of the European Communities                           No L 23/45
            The country of destination shall appoint a receiving agent at each place of delivery, whose
            name and address it shall make known to the Community before the Agreement is imple­
            mented .
            Information on the signing of the Agreement between the European Economic Com­
                           munity and the Republic of Mali on the supply of food aid
            The Agreement between the European Economic Community and Maid on the supply
            of skimmed-milk powder as food aid which the Council decided to conclude on 9 No­
            vember 1973 was signed in Brussels on 12 November 1973 on behalf of the Council
            of the European Communities by :
            Mr Niels Ersbtfll, Ambassador Extraordinary and Plenipotentiary, Chairman of the
            Permanent Representatives Committee, and
            Mr Hans-Broder Krohn, Director-General for Development and Cooperation of the
            Commission of the European Communities, and on behalf of the Government of Mali
            by :
            Mr Alioune Sissiko, Ambassador, its Representative to the European Communities.