CELEX: 21974A1214(01)
Language: en
Date: 1974-10-02 00:00:00
Title: Agreement between the European Economic Community and the Republic of Peru on the supply of butteroil as food aid

No L 335/2                          Official Journal of the European Communities                            14. 12. 74
                                                    AGREEMENT
             between the European Economic Community and the Republic of Peru on the supply
                                               of butteroil as food aid
             THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
             of the one part,
             THE GOVERNMENT OF THE REPUBLIC OF PERU ,
             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 PERU :
              WHO HAVE AGREED AS FOLLOWS :
                        Article I                               insurance of the delivered product from the points of
                                                                delivery to their place of destination .
The European Economic Community, hereinafter
referred to as the ' Community', shall supply as a              It undertakes to exercise the greatest care to ensure
gift to the Republic of Peru, hereinafter referred to           that the tendering arrangements for sea transport do
as the 'country of destination', 700 metric tons of            not prejudice the free play of competition . Any
butteroil of the quality and with the packaging                problems arising in this connection shall be the
specified in Annex I, which forms an integral part              subject of consultations under Article VIII of this
of this Agreement.                                              Agreement.
                        Article 11                                                     Article IV
Deliveries shall be made in       accordance   with   the      The country of destination undertakes to use the
arrangements set out in Annex II which forms an                product received as aid for purposes of consumption
integral part of this Agreement.                                and to apply, for the sale of the product on its
                                                               market, the prices normally charged on that market
                       Article 111                             for products of comparable quality.
The country of destination undertakes to make all              The proceeds from this sale shall be paid into a
the necessary arrangements for the transport and               special account at the central bank of that country
 ---pagebreak--- 14. 12. 74                           Official Journal of the European Communities                              No L 335/3
and allocated to the financing of one or more                    1 . immediately after the unloading of each cargo :
development schemes dn accordance with (the                          port and date of arrival of vessel ; nature,
procedure to 'be agreed between the recipient country                quantity and any observations as to the quality
and the Community.                                                   of the products unloaded;           date  on which
                                                                     unloading was completed ; costs of sea transport
                         Article V                                   and of insurance relating thereto ;
The Contracting Parties undertake to implement (this             2. every three months until the quantities received
Agreement in such a way as to avoid any prejudice                    as aid have been fully used : quantities sold, how
to the normal structure of domestic production and                   they have been sold; selling prices ; normal selling
international trade. To this end, they shall take any                costs on the market of the country of destination ;
measures required to ensure that aid supplies are in                 insurance costs and, where appropriate, transport
addition to, and do not replace, commercial                          costs from the port of discharge to the places of
transactions which might reasonably be expected in                   destination;
tfhe absence of such supplies.
                                                                3 . on 15 January every year until the special
                         Article VI                                  account has been fully used :
The country of destination shall take all appropriate                ( a) state of this account (deposits and
measures to prevent :
                                                                          withdrawals) on 31 December of the preceding
                                                                          year ;
— the re-export of the product received as aid and                   (b) progress achieved in the project or projects,
     of products derived therefrom ;                                      with an indication of the total amount of
— the export, commercially or otherwise, within six                       financing carried out at that stage.
     months of the last delivery, either of local
     produce of the same nature as that used to                                         Article VIII
     produce the flour received as aid or of any                At the request of either of them, the Contracting
     products or by-products resulting from it.                 Parties shall consult each other on any questions
                                                                 concerning the implementation of this Agreement.
                        Article VII
                                                                                         Article IX
The country of destination undertakes to inform the
Community of the circumstances surrounding the                   This Agreement is drawn up in duplicate in the
implementation of this Agreement. For this purpose,              Danish, Dutch, English, French, German, Italian and
it shall provide the Commission of the European                  Spanish languages, each of these texts being
Communities with the following details :                         authentic.
                                                         ANNEX I
                                                       BUTTEROIL
                                    QUALITY AND PACKAGING REQUIREMENTS
              I. Quality
                 ( a) Product characteristics :
                 Concentrated milk fat containing no less than 99-8% of pure fats.
 ---pagebreak--- No L 335/4                             Official Journal of the European Communities                                 14. 12. 74
                 (b) Standard composition :
                      (Analysis made at time of manufacture and packing) :
                      — moisture and non-fat ingredients of milk : not more than 0-2% ;
                      — fats : not less than 99*8% ;
                      — 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
              II. Conditions of packaging
                      (a) Metal cans of 20 kg — one can per carton.
                      (b) Marking on the packaging (in Spanish) :
                      'Butteroil - Donativo de la Communidad Economica Europea a la Republica del Peru'.
                                                          ANNEX II
                      ARRANGEMENTS REFERRED TO IN ARTICLE II OF THE AGREEMENT
                         CHAPTER I                                                             Article 3
                                                                   Before implementing the procedure for appointing the
                     General provisions                            agent of the Community referred to in Article 2, the
                                                                   Commission of the European Communities and the
                                                                   country of destination shall establish by joint agreement
                           Article 1                               the period during which delivery must begin.
Delivery shall be effected and all risk shall pass from the
Community to the country of destination at the moment                                      CHAPTER II
at which the goods are put down at the point of
exportation named by the Commission of the European
Communities at the berth specified by the country of                              Obligations of the Community
destination of its agent referred to in Article 2 and under
the terms specified in this Annex. Without prejudice to
Articles 7 and 8 the Community shall bear all costs prior                                     Article 4
to delivery and the country of destination those after
delivery.                                                          Where the Community is not in a position to carry out
                                                                   delivery on the date, and, if applicable, according to the
                                                                   schedule laid down in Article 6, all costs arising for the
                           Article 2                               country of destination — in particular demurrage void
                                                                   freight and dead freight — shall be borne by the
For the purpose of implementing the provisions of this             Community.
Annex the Community shall appoint — if necessary for               The charges and the arrangements relating to demurrage
each consignment — an agent whose name and address it              laid down in the contract concluded between the country
shall make known to the country of destination                     of destination and the carrier must have previously been
immediately following his appointment. For each port of            agreed by the country of destination and the agent of the
shipment the country of destination shall appoint an               Community.
agent whose name and address it shall make known to
the Community with all dispatch and if possible before             The other costs referred to in the first subparagraph shall
the appointment of the agent of the Community.                     be refunded by the Community only if they have been
 ---pagebreak--- 14. 12 . 74                            Official Journal of the European Communities                              No L 335/5
paid by the country of destination with the approval of           In this event the agents of the Community and of the
the Community.                                                    country of destination may agree on a new date for the
                                                                  commencement of delivery and, if applicable, a new
                            Article 5                             schedule. The costs arising from the delay in loading
                                                                  shall in all cases except force majeure be borne by the
Where it is impossible for the Community to supply all            country of destination.
or part of the goods on the date and within the time
limits provided for in Article 6 the agents of the                Should the new date provided for in the second
Community and of the country of destination may,                  subparagraph be more than 30 clear days after the date
without prejudice to Article 4, agree on a new date and a         for loading provided for in the first subparagraph of
new time limit for the delivery of all the goods or of the        Article 6, the Community may dispose of the goods
undelivered part thereof.                                         without prejudice to its commitment under Article I of
                                                                   this Agreement.
                        CHAPTER III                                                          Article 8
                                                                  Where the quantity made available for loading on a
          Obligations of the country of destination                vessel cannot be loaded on board in its entirety, the
                                                                   country of destination shall inform the Community as
                            Article 6                              soon as possible, and no later than 15 clear days after
                                                                   loading has been completed, whether it intends to accept
After contacting the Community, the country of                     or to renounce the balance.
destination shall procure to transport all the quantities
provided for in Article I of the Agreement one or more             In the former case the second and third subparagraphs of
vessels of dimensions corresponding to the normal                  Article 7 shall apply to the balance, if delivery has not
 capacity of the port of shipment; these vessels must be           yet taken place.
ready for loading on a date falling within the period
 referred to in Article 3 .                                        In the latter case the Community may consider that it has
                                                                   discharged its commitment to the country of destination
 The agent of the country of destination shall inform the          under Article I of this Agreement and shall bear the costs
 Community of this date and of the date for                        resulting from renunciation.
 commencement of delivery as soon as he knows them, if
possible 20 days in advance and in any case 10 days                In any event, after an interval of 15 clear days and in the
 before the date for commencement of delivery.                     absence of any notice on the part of the country of
                                                                   destination, renunciation shall be deemed to have taken
 He shall establish with the agent of the Community the            place.
 schedule according to which delivery shall take place.
                                                                                             Article 9
                            Article 7
                                                                   Upon delivery of the goods, the country of destination
 Where the country of destination is unable to begin               shall hand over to the agent of the Community a
 loading on the date provided for in the first                      certificate of acceptance stating the port of shipment,
 subparagraph of Article 6, the agent of the country of             date of acceptance and the nature and quantity of the
 destination shall inform the agent of the Community               goods accepted, together with any comments on the
 without delay.                                                     quality of the goods.
                Information on the signing of the Agreement between the European Economic Community
                                    and the Republic of Peru on the supply of food aid
                The Agreement between the European Economic Community and Peru 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 Peru by :
                Mr Julio C. Doig S. , Ambassador Extraordinary and Plenipotentiary, Head of the Mis­
                sion of Peru to the European Economic Community.