CELEX: 21975A0324(03)
Language: en
Date: 1975-02-17 00:00:00
Title: Agreement between the European Economic Community and the Islamic Republic of Pakistan on the supply of butteroil as food aid

24. 3 . 75                           Official Journal of the European Communities                        No L 75 / 13
                                                     AGREEMENT
             between the European Economic Community and the Islamic Republic of Pakistan
                                         on the supply of butteroil as food aid
             THE COUNCIL OF THE EUROPEAN COMMUNITIES,
             of the one part,
             THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF PAKISTAN,
              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 ISLAMIC REPUBLIC OF PAKISTAN :
              WHO HAVE AGREED AS FOLLOWS :
                          Article I                             play of fair competition. Any problems arising in
                                                                this connection shall be the subject of consultations
The European Economic Community, hereinafter                    under Article VIII .
referred to as the 'Community', shall supply the
Islamic Republic of Pakistan, hereinafter referred to
as the 'country of destination', by way of gift, with                                 Article IV
 3 000 metric tons of butteroil, of which the quality
 and packaging requirements are specified in Annex I,           The country of destination undertakes to use the
which forms an integral part of this Agreement.                 product received as aid for purposes of consumption
                                                                and to apply, for the sale of the product on its
                          Article II
                                                                market, the prices normally charged on that market
                                                                for products of comparable quality.
Deliveries will be made in accordance with the
detailed rules set out in Annex II which forms an               The proceeds from this sale shall be paid into a
integral part of this Agreement.                                special account at the central bank of that country
                                                                and allocated to the financing of one or more
                                                                development schemes in accordance with the
                         Article III                            procedure to be agreed between the recipient country
                                                                 and the Community.
The country of destination undertakes to make all
necessary arrangements for the transport and
insurance of the product from point of delivery to                                    Article V
places of destination.
                                                                The Contracting Parties undertake to implement this
 It undertakes to exercise the greatest possible care to         Agreement in such a way as to avoid any prejudice to
ensure that the tendering arrangements for the                  the normal structure of domestic production and
 transport by sea shall not be prejudicial to the free          international trade. To this end they shall take any
 ---pagebreak--- No L 75 / 14                           Official Journal of the European Communities                                   24. 3 . 75
measures required to ensure that aid supplies are in                   discharge was completed; costs of sea transport
addition to, and do not replace, commercial                            and of insurance relating thereto ;
transactions which might reasonably be expected in
the absence of such supplies.                                      2. every three months until the quantities received
                                                                       as aid have been fully used : quantities sold, how
                                                                       they have been sold, selling prices ; normal selling
                         Article VI                                    costs on the market of the country of destination ;
                                                                       insurance costs and, where appropriate, transport
                                                                       costs from the port of discharge to the places of
The country of destination shall take all appropriate                  destination;     -
measures to prevent :
                                                                   3 . on 15 January every year until the special
— the re-export of the product received as aid and                     account has been fully used :
    of products resulting from such supplies ;
                                                                        (a) state    of    this    account    (deposits    and
— the . export, commercially or otherwise, within six                        withdrawals) on        31    December    of     the
    months of the last delivery, either of local                             preceding year;
    produce of the same nature as that received as
    aid or of any products resulting from it.                           ( b) progress achieved in the project or projects,
                                                                             with an indication of the total amount of
                                                                             financing carried out at that stage.
                         Article VII
                                                                                             Article VIII
The country of destination undertakes to inform the                At the request of either of them, the Contracting
Community of the mode of implementation of this                    Parties shall consult each other on any questions
Agreement. To this end it shall provide the                        concerning the implementation of this Agreement.
Commission of the European Communities with the
following information :
                                                                                             Article IX
1 . immediately after the discharge of each cargo :
    port and date of arrival of vessel ; nature and                This Agreement shall be drawn up in duplicate in
    quantity of the product discharged and any                     the Danish, Dutch, English, French, German and
    observations as to the quality ; date on which                 Italian languages, each of these texts being authentic.
                                                          ANNEX 1
                                                         BUTTEROIL
                                       QUALITY AND PACKAGING REQUIREMENTS
               I. Quality :
                  ( a) Product characteristics:
                       Concentrated milk fat containing no less than 99-8 % of pure fats.
                  (b) Standard composition:
                       (Analysis made at time of manufacture and packing)
                       — moisture and non-fat ingredients of milk : not more than 02 °/o;
                       — fats : not less than 99-8 °/o ;
                       — free fatty acids: not more than 0-5 % (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 .
 ---pagebreak--- 24. 3 . 75                            Official Journal of the European Communities                               No L 75 / 15
               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
                        ISLAMIC REPUBLIC OF PAKISTAN .
                                                         ANNEX 11
                                       DELIVERY AND ACCEPTANCE PROCEDURES
                          CHAPTER I                               schedule laid down in Article 6, all costs arising for the
                                                                  country of destination — for example, demurrage, void
                      General provisions                          freight and dead freight — shall be borne by the
                                                                  Community.
                           Article 1
                                                                  The charges and the arrangements relating to demurrage
                                                                  laid down in the contract concluded between the country
Delivery shall be effected and all risk shall pass from the       of destination and the carrier must have previously been
Community to the country of destination at the moment             agreed by the country of destination and the agent of the
at which the goods are put down at the point of                   Community.
exportation named by the Commission of the European
Communities at the berth specified by the country of              The other costs referred to in the first paragraph shall be
destination or its agent referred to in Article 2 and under       refunded by the Community only if they have been paid
the terms specified in this Annex. Without prejudice to           by the country of destination with the approval of the
Articles 7 and 8 the Community shall bear all costs prior         Community.
to delivery and the country of destination all costs after
delivery.                                                                                    Article S
                            Article 2                             Where it is impossible for the Community to supply all
                                                                  or part of the goods on the date and within the time
For the purpose of implementing the provisions of this            limits provided for in Article 6, the agents of the
Annex the Community shall appoint — if necessary for              Community and of the country of destination may,
each consignment — an agent whose name and address it             without prejudice to Article 4, agree on a new date and a
shall make known to the country of destination                    new time limit for the delivery of all the goods or of the
immediately following his appointment. For each port of           undelivered part thereof.
shipment the country of destination shall appoint an
agent whose name and address it shall make known to
the Community with all dispatch and if possible before                                     CHAPTER III
the appointment of the agent of the Community.
                                                                           Obligations of the country of destination
                            Article 3                                                        Article 6
Before implementing the procedure for appointing the              After contacting the Community, the country of
 agent of the Community referred to in Article 2, the             destination shall procure, to transport all the quantities
 Commission of the European Communities and the                   provided for in Article I of the Agreement, one or more
 country of destination shall establish by joint agreement        vessels of dimensions corresponding to the normal
 the period during which delivery must begin.                      capacity of the port of shipment; these vessels must be
                                                                  ready for loading on a date falling within the period
                                                                  referred to in Article 3 .
                          CHAPTER II
                                                                   The agent of the country of destination shall inform the
              Obligations of the Community                         Community of this date and of the date for
                                                                   commencement of delivery as soon as he knows them, if
                                                                   possible 20 clear days in advance and in any case 10
                            Article 4                              clear days before the date for commencement of delivery.
 Where the Community is not in a position to carry out             He shall establish with the agent of the Community the
 delivery on the date, and if applicable, according to the         schedule according to which delivery shall take place.
 ---pagebreak--- No L 75 / 16                         Official Journal of the European Communities                                  24. 3 . 75
                          Article 7                            has been completed, whether it intends to accept or to
                                                                renounce the balance.
"Where the country of destination is unable to begin            In the former case the second and third paragraphs of
loading on the date provided for in the first paragraph of      Article 7 shall apply to the balance, if delivery has not
Article 6, the agent of the country of destination shall        yet taken place.
inform the agent of the Community without delay.
In this event the agents of the Community and of the            In the latter case the Community may consider that it has
 country of destination may agree on a new date for the         discharged its commitment to the country of destination
commencement of delivery and, if applicable, a new              under Article I of this Agreement and shall bear the costs
 schedule. Save in cases of force majeure, the costs arising    resulting from renunciation.
 from the delay in loading shall be borne by the country
of destination.                                                 In any event, after an interval of 15 clear days and in the
                                                                absence of any notice on the part of the country of
 Should the new date provided for in the second                 destination, renunciation shall be deemed to have taken
 paragraph be more than 30 clear days after the date for        place.
 loading provided for in the first paragraph of Article 6,
the Community may dispose of the goods without                                            Article 9
prejudice to its commitment under Article I of this
 Agreement.                                                     Upon delivery of the goods, the country of destination
                                                                shall hand over to the authorized agent of the
                           Article 8                            Community a certificate of acceptance which shall set
                                                                out the port of shipment, date of acceptance and the
 Where the quantity intended for loading on a vessel            nature and quantity of the goods accepted, together with
 cannot be loaded on board in its entirety, the country of      any comments on the quality of the goods. A copy of the
 destination shall inform the Community as soon as               certificate shall be sent to    the  Commission    of the
 possible, and no later than 15 clear days after loading        European Communites.
                Information on the signing of the Agreement between the European Economic
                     Community and the Islamic Republic of Pakistan on the supply of food aid
                The Agreement between the European Economic Community and Pakistan on the
                supply of butteroil 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 Coordination at the
                Commission of the European Communities,
                and on behalf of the Government of the Islamic Republic of Pakistan by :
                Mr Qamarul Islam, Ambassador Extraordinary and Plenipotentiary, Head of that
                Country's Mission to the European Economic Community.