CELEX: 
Language: en
Date: 1974-10-31 00:00:00
Title: Council Decision of 2 October 1974 on the conclusion of the Agreement between the European Economic Community and the Republic of Cyprus on the supply of butteroil as food aid #Agreement between the European Economic Community and the Republic of Cyprus on the supply of butteroil as food aid

No L 293 /6                     Official Journal of the European Communities                     31 . 10 . 74
                                                COUNCIL DECISION
                                                 of 2 October 1974
            on the conclusion of the Agreement between the European Economic Community
                      and the Republic of Cyprus on the supply of butteroil as food aid
                                                    (74/521 /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 530/74 ( 1 ) the Council decided to make 250 metric
            tons of butteroil available to the Republic of Cyprus,
            HAS DECIDED AS FOLLOWS :
                                                      Article 1
            The Agreement between the European Economic Community and the Republic of
            Cyprus on the supply of butteroil as food aid, the text of which is annexed to this
            Decision, is hereby concluded on behalf of the Community.
                                                       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 Luxembourg, 2 October 1974.
                                                                        For the Council
                                                                         The President
                                                                          Ch . BONNET
             H OJ No L 65 , 7. 3 . 1974, p. 1 .
 ---documentbreak--- 31 . 10. 74                          Official Journal of the European Communities                          No L 293 /7
                                                      AGREEMENT
              between the European Economic Community and the Republic of Cyprus on the
                                              supply of butteroil as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE GOVERNMENT OF THE REPUBLIC OF CYPRUS,
              of 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 CYPRUS :
              WHO HAVE AGREED AS FOLLOWS :
                          Article I                              subject of consultations under Article VIII of this
                                                                 Agreement.
The European Economic Community, hereinafter
referred to as the 'Community', shall supply as a
gift to the Republic of Cyprus, hereinafter referred                                   Article IV
to as the 'country of destination', 250 metric tons of
butteroil of the quality and with the packaging                  The country of destination undertakes to use the
specified in Annex I, which forms an integral part of            product received as aid for purposes of consumption
this Agreement.                                                  and to apply, for the sale of the product on its
                                                                 market, the prices normally charged on that market
                                                                 for products of comparable quality.
                         Article II
                                                                 The proceeds from this sale shall be paid into a
Deliveries shall be made in accordance with the                  special account at the central bank of that country
arrangements set out in Annex II which forms an                  and allocated to the financing of one or more
integral part of this Agreement.                                 development schemes in accordance with the
                                                                 procedure to be agreed between the recipient country
                                                                 and the Community.
                         Article III
                                                                                        Article V
The country of destination undertakes to make all
the necessary arrangements for the transport and                 The Contracting Parties undertake to implement this
insurance of the delivered product from the points of            Agreement in such a way as to avoid any prejudice
delivery to their place of destination.                          to the normal structure of domestic production and
                                                                 international trade. To this end, they shall take any
It undertakes to exercise the greatest care to ensure            measures required to ensure that aid supplies are in
that the tendering arrangements for sea transport do             addition to, and do not replace, commercial
not prejudice the free play of competition. Any                  transactions which might reasonably be expected in
problems arising in this connection shall be the                 the absence of such supplies.
 ---pagebreak--- No L 293/8                             Official Journal of the European Communities                                 31.10.74
                          Article VI                                    they have been sold, selling prices, normal selling
                                                                        costs on the market of the country of destination;
The country of destination shall take all appropriate                   insurance costs and, where appropriate, transport
measures to prevent :                                                   costs from the port of discharge to the places of
                                                                        destination ;
— the re-export of the product received as aid and
    of products derived therefrom ;                                 3 . on 15 January every year until the special
— the export, commercially or otherwise, within six                     account has been fully used:
    months from the date of the last delivery, either                   ( a) state    of   this    account    (deposits  and
    of a product obtained locally of the same kind as                        withdrawals) on         31   December    of the
    that received as aid or of any products derived                          preceding year;
    therefrom .
                                                                        (b) progress achieved in the project or projects,
                                                                             with an indication of the total amount of
                          Article VII                                        financing carried out at that stage.
The country of destination undertakes to inform the
Community of the circumstances surrounding the
implementation of this Agreement. For this purpose,                                          Article VIII
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 unloading of each cargo :                 concerning the implementation of this Agreement.
    port and date of arrival of vessel; nature,
    quantity and any observations as to the quality
    of the products unloaded ; date on which
    unloading was completed; costs of sea transport                                          Article IX
    and of insurance relating thereto ;
                                                                    This Agreement is drawn up in duplicate in the
2. every three months until the quantities received                 Danish, Dutch, English, French, German and Italian
    as aid have been fully used : quantities sold, how              languages, each of these texts being authentic.
                                                          ANNEX I
                                                         BUTTEROIL
                                       QUALITY AND PACKAGING REQUIREMENTS
              I. Quality
                 ( a ) Product characteristics :
                       Concentrated milk fat containing no less than 99-8 °/o of pure fats.
                 (b) Standard composition:
                       (Analysis made at time of manufacture and packing):
                       — moisture an non-fat ingredients of milk : not more than 0-2 °/o;
                       — fats : not less than 99-8 %;
                       — free fatty acids : not more than 0-5 °/o (expressed as oleic acid);
                       — peroxide level/kg : not more than one unit ( in milli equivalents of active oxygen
                          per kg);
                       — taste: pure;
                       — smell : absence of smell extraneous to butteroil
             II. Conditions of packaging
                 ( a) Metal cans of 20 kg — one can per carton
                 (b) Marking on the packaging (in English):
                   , 'Butteroil — Gift of the European Economic Community to the Republic of Cyprus/
 ---pagebreak--- 31 . 10. 74                          Official Journal of the European Communities                             No L 293 /9
                                                         ANNEX U
                      ARRANGEMENTS REFERRED TO IN ARTICLE II OF THE AGREEMENT
                        CHAPTER I                              The other costs referred to in the first subparagraph shall
                                                               be refunded by the Community only if they have been
                    General provisions                          paid by the country of destination with the approval of
                                                               the Community.
                          Article 1
Delivery shall be effected and all risk shall pass from the                                Article 5
Community to the country of destination at the moment
at which the goods are put down at the point of                "Where it is impossible for the Community to supply all
exportation named by the Commission of the European             or part of the goods on the date and within the time
Communities at the berth specified by the country of           limits provided for in Article 6 the agents of the
destination or its agent referred to in Article 2 and under     Community and of the country of destination may,
the terms specified in this Annex. Without prejudice to         without prejudice to Article 4, agree on a new date and a
Articles 7 and 8 the Community shall bear all costs prior       new time limit for the delivery of all the goods or of the
to delivery and the country of destination those after          undelivered part thereof.
delivery.
                                                                                         CHAPTER III
                          Article 2
                                                                         Obligations of the country of destination
For the purpose of implementing the provisions of this
Annex the Community shall appoint — if necessary for                                       Article 6
each consignment — an agent whose name and address it
shall make known to the country of destination                 After contacting the Community, the country of
immediately following his appointment. For each port of         destination shall procure to transport all the quantities
shipment the country of destination shall appoint an            provided for in Article I of the Agreement one or more
agent whose name and address it shall make known to             vessels of dimensions corresponding to the normal
the Community with all dispatch and if possible before          capacity of the port of shipment; these vessels must be
the appointment of the agent of the Community.                  ready for loading on a date falling within the period
                                                                referred to in Article 3 .
                                                                The agent of the country of destination shall inform the
                          Article 3                             Community of this date and of the date for
                                                                commencement of delivery as soon as he knows them, if
Before implementing the procedure for appointing the            possible 20 days in advance and in any case 10 days
agent of the Community referred to in Article 2, the            before the date for commencement of delivery.
Commission of the European Communities and the
country of destination shall establish by joint agreement       He shall establish with the agent of the Community the
the period during which delivery must begin.                    schedule according to which delivery shall take place.
                                                                                           Article 7
                        CHAPTER II                              Where the country of destination is unable to begin
                                                                loading on the date provided for in the first
                                                                subparagraph of Article 6, the agent of the country of
              Obligations of the Community                      destination shall inform the agent of the Community
                                                                without delay.
                          Article 4
                                                                In this event thf agents of the Community and of the
Where the Community is not in a position to carry out           country of destination may agree on a new date for the
 delivery on the date, and, if applicable, according to the     commencement of delivery and, if applicable, a new
schedule laid down in Article 6, all costs arising for the      schedule. The costs arising from the delay in loading
country of destination — in particular demurrage void           shall in all cases except force majeure be borne by the
freight and dead freight — shall be borne by the                country of destination.
 Community.
                                                                Should the new date provided for in the second
The charges and the arrangements relating to demurrage          subparagraph be more than 30 clear days after the date
laid down in the contract concluded between the country         for loading provided for in the first subparagraph of
 of destination and the carrier must have previously been       Article 6, the Community may dispose of the goods
 agreed by the country of destination and the agent of the      without prejudice to its commitment under Article I of
Community.                                                      this Agreement.
 ---pagebreak--- No L 293 / 10                       Official Journal of the European Communities                                31 . 10. 74
                          Article 8                          In any event, after an interval of 15 clear days and in the
                                                               absence of any notice on the part of the country of
Where the quantity made available for loading on a             destination, renunciation shall be deemed to have taken
vessel cannot be loaded on board in its entirety, the          place.
country of destination shall inform the Community as
soon as possible, and no later than 15 clear days after
loading has been completed, whether it intends to accept
or to renounce the balance.
                                                                                         Article 9
In the former case the second and third subparagraphs of
Article 7 shall apply to the balance, if delivery has not
yet taken place.                                               Upon delivery of the goods, the country of destination
                                                               shall hand over to the agent of the Community a
In the latter case the Community may consider that it has      certificate of acceptance stating the port of shipment,
discharged its commitment to the country of destination        date of acceptance and the nature and quantity of the
under Article I of this Agreement and shall bear the costs     goods accepted, together with any comments on the
resulting from renunciation.                                   quality of the goods.
                    Information on the signing of the Agreement between the European Economic
                         Community and the Republic of Cyprus on the supply of food aid
               The Agreement between the European Economic Community and Cyprus on the supply
               of butteroil as food aid, which the Council decided to conclude on 2 October 1974,
               was signed in Brussels on 3 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 of the
               Commission of the European Communities,
               and on behalf of the Government of Cyprus by :
               Mr Titos Phanos, Ambassador Extraordinary and Plenipotentiary, Permanent Repre­
               sentative accredited to the European Economic Community.
 ---documentbreak--- NA ---documentbreak--- No L 293 / 10                       Official Journal of the European Communities                                31 . 10. 74
                          Article 8                          In any event, after an interval of 15 clear days and in the
                                                               absence of any notice on the part of the country of
Where the quantity made available for loading on a             destination, renunciation shall be deemed to have taken
vessel cannot be loaded on board in its entirety, the          place.
country of destination shall inform the Community as
soon as possible, and no later than 15 clear days after
loading has been completed, whether it intends to accept
or to renounce the balance.
                                                                                         Article 9
In the former case the second and third subparagraphs of
Article 7 shall apply to the balance, if delivery has not
yet taken place.                                               Upon delivery of the goods, the country of destination
                                                               shall hand over to the agent of the Community a
In the latter case the Community may consider that it has      certificate of acceptance stating the port of shipment,
discharged its commitment to the country of destination        date of acceptance and the nature and quantity of the
under Article I of this Agreement and shall bear the costs     goods accepted, together with any comments on the
resulting from renunciation.                                   quality of the goods.
                    Information on the signing of the Agreement between the European Economic
                         Community and the Republic of Cyprus on the supply of food aid
               The Agreement between the European Economic Community and Cyprus on the supply
               of butteroil as food aid, which the Council decided to conclude on 2 October 1974,
               was signed in Brussels on 3 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 of the
               Commission of the European Communities,
               and on behalf of the Government of Cyprus by :
               Mr Titos Phanos, Ambassador Extraordinary and Plenipotentiary, Permanent Repre­
               sentative accredited to the European Economic Community.