CELEX: 51974PC1072
Language: en
Date: 1974-07-11 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an Agreement between the European Economic Community and The Republic of Afghanistan for the supply of butteroil as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1072
Vol. 1974/0176
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM ( 74) 1072 final .
                                                     Brussels , 11 July 1974
                 RECOMMENDATION FOR A COUNCIL DECISION
            on the conclusion of an Agreement between the
     European Economic Community and The Republic of Afghanistan
                 for the supply of butteroil as food aid
             ( submitted to the Council "by the Commission)
C0M(74) 1072 final
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
   . r
Having regard, to the Treaty establishing the European Economic Community , and m
particular Articles 113 , 114 and 223 thereof ;                                •
                                         *                     1
Having regard to the proposal from the Commission ;            i
Whereas the Council in Regulation (EEC ) no . 530/74 of
as food aid decided to make 600    metric tons of butteroil available to    the
Republic of Afghanistan
HAS DECIDED :
  J                '                        .
                                                                    i■
                                     Article    1
An Agreement between the European Economic Community and the Republic of Afghanistan
for the supply of    butteroil      as food aid. is hereby concluded on behalf of
the European Economic Community . The text of the Agreement is annexed to this
Decision .                '                   ...
                                     Article    2
rhe President of the Council is authorized to designate the persons empowered to
sign the Agreement and to confer on them . the powers required in order to bind the
Community .                                                                      •
Done at Brus sel s ,
                                                        ' For the Council .
                                                           The Président
 ---pagebreak---                                     I
         AGREAIENT
BETVEEN THE EUROPE Al1! ECONOMIC COÎIÏÏUNTTY
    AND THE REPUBLIC OP     AFGHANISTAN
ON THE SUPPLY OP FOOD AID Hi THE FORI ! OP
         BUTTEROIL
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                           ôf tho one part ,
        i                            1
THE GOVERNMENT OP THE REPUBLIC OP AFGHANISTAN
                                           of the othcr part ,
HAVE DECIDED to concluded this Agreement and to this end have
designated as their plenipotentiaries :
THE COUNCIL OP THE EUROPEAN COKHUNITIES :
THE GOVERNMENT OP THE REPUBLIC OP AFGHANISTAN
WHO HAVE AGREED AS FOLLOWS S
 ---pagebreak---                                                -2-
                                                                                 »• *
                                             ARTICLE I                 *
                                             1     "   ' '                   %
   ..        The European Economic Community shall supply "by way of gift to the Republic
             of Afghanistan ( hereafter referred to as " the recipient country" J a           >
              quantity of 600 tonnes of butteroil . ' The quality and packaging conditions
             are specified, iri Annex I which forms an integral part of the present     '
~ ~ "        Agreement .
      . .                             »              '               •   •     »
                                             ARTICLE II
             Deliveries shall "be effected under the arrangements provided in Anne* II v;hich
             forms an integral part of the present Agreement .
           i             ■     ■                                           .
                                             ARTICLE III
             The recipient country undertakes to make all necessary arrangements for the
             transport and insurance of the products from point of delivery to places of
             destination .
             It undertakes to exercise the greatest care to ensure that the tendering arran­
             gements for sea transport do not prejudice the free play of fair competition .
             Any problems arising in this connection shall be the subject of consultations
            under Article VIII of the present Agreement .
                 . "                    •    ARTICLE IV
            The recipient country undertakes to use the product received as aid for pur-1
            poses of consumption and to apply , for the sale of the product on its market ,
            the prices normally charged on that market for products of comparable quality.
            The proceeds from this sale shall be paid into a special account with the
          .Central Baiik and allocated to the financing of one or more development projects
           under arrangements which have been agreed in advance between the recipient
             country and the European Economic Community.
 ---pagebreak---                                          -3-
                                                                       *. *>
                                      ARTICIS V
  The Contracting Parties undertake to implement this Agreement in such, a way
  cis "fco avoid, any prejudice "to the 'normal structure of national production
  and international trade# To this end they shall take any measures required
                                                                  "V-
  to ensure that supplies as aid are in addition to and do not replace "business
  transactions which might reasonably "be expected in the absence of such supplies .
                                      ARTICLE VI
  The recipient country ^hall take all steps required to prevent :
  ( i ) the re-export of the product received as aid and also of any products
         resulting therefrom ;
  ( ii ) the export , commercially or otherwise , within a period of six months
          commencing from the final delivery , either of any product procured
          locally of the same nature as that received as aid , or of any products
          resulting therefrom .
                                      ARTICLE VII
  The recipient country undertakes to inform the EEC of how this Agreement
  is implemented . To this end it shall provide , the Commission of the '.European
  Communities with the following details :
  ( i ) Immediately after the unloading of each cargo : ports and dates 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 and of insurance relating thereto ;
• ( ii ) Every three months until the quantities received as aid have been fully
          used : quantities sold,' manner of sale { actual selling prices jnormal selling
         costs on the recipient country 's market ; costs of insurance ( and of trans­
         port if applicable ) from the port of unloading to the places of destinar
       tion ;
  (iii ) On 15 January every year until the special account has been fully
          expended :            O'
          a) Summary of the account ( incomings and outgoings ) to 31 December of
              the previous year ;
          b) Stage of progress of the project or projects , indicating the total
              resources expended to that stage *
 ---pagebreak---                                   ARTICLE VIII
The Contracting Parties shall at the request of either consult each other
on any questions concerning the implementation of this' Agreement .
                                                                      *
                                . ARTICLE IX
This Agreement is dravm up in duplicate in the Danish , Dutch , English , French ,
German find Italian languages , each of these texts having equal force .
 ---pagebreak---                                                                   AMIBX I    '
                            EUTTEROIL                                  ,** *
                             .                                       9
         .                                                         '           \
                                                            '  •               i .
                                 . ' \   "   -             »
             ' •                                       '
                                                           i
                                                   •          v '
QUALITY              '         ; •
(A) Product characteristics :
    Concentrated milk fats containing not less than 99*0$ of pure fats ;
(b) Standard composition :                        .
     (Analysis made at time of manufacture and packing)
       Moisture and non-fat milk substance s-not more than 0.2/S
    - Pats - not less than 99«9f°          •
    - Free fatty acids - not more than 0.5$ (expressed as oleic acid) ,
                                                   »
    - Peroxide level/kg - not more than 1 unit (in milli-equivalonts of
       active oxygen per kg)
    - Taste - pure
    - Smell - absence of smell extraneous to butteroil
                 •                              .        •
 CONDITIONS OP PACKAGING
 a) Metal cans of 20 kg – 1 can per carton.
 h) Marked the . packaging in English :
    HJTTEROIL
                                                     >     I
    GIFT OF THE EUROPEAN ECONOMIC COiMJNITY
    TO THE REPUBLIC OF AFGHANISTAN
 ---pagebreak---                                                                 MNïïX II
                             General     provisions
                                     i .                  't
                                   Article I
                                                           i
   Delivery shall be effected and risks shall pass from the European Economic
   Community, hereinafter referred to ad. the EEC , to the recipient' country at
   the moment 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 recipient country or its agent referred to in Article 2 . and under the
   terms specified in thd following articles . Without prejudice to Article 7 and
   8 the EEC shall bear all costs up to delivery and the recipient country those
   beyond such delivery .                                                s
                                  Article 2
                             O'   ––––
  The EEC shall appoint an agent to implement the provisions of the present
  Annex- or for each consignment- whose name and address it shall make known
  to the recipient country immediately following his appointment .
. The recipient country shall appoint an agent in the port or ports of shipment ,
  whose name and address it shall make known to the EEC with all despatch and
  if possible before the appointment of agent of the EEC .
                                  Article 3
  Before implementing the procedures for appointing the agent of the EEC
  referred to in Article 2 , the Commission of the European Communities and
  the recipient country shall jointly establish the period during Which deli­
 very must begin .
                        Obligations of the European Economic Community
                                  Article 4
 Should the EEC not be in a position to carry out delivery on the date and ( if
 applicable) on the schedule as provided in Article 6 , all costs
 arising for the recipient country- for example demurrage void freight and
dead freight- shall be borne by the EHi
 ---pagebreak--- The charges and the arrangements reletting to demurrage laid down in the
contract between the recipient country and the carrier must havG "been agreed
in advance by the recipient country and the agent of the EEC .
                                                       t
                                                           V
The other costs referred to in the first paragraph shall only be refunded
by the EEC if they have been paid by the recipient country with the approval
of the EEC .
                              Article 5
Should it prove impossible for the EEC to supply all or part of the goods
on the date and within the time-limits provided for in Article 6 and without
prejudice to the provisions of Article     a new date and a new time-limit
shall be agreed between the agents of the EEC and of. the recipient country
for the delivery of all the goods or of the undelivered part thereof.
                      Obligations of the recipient country
                              Article 6
After contacting the EEC , the recipient country shall procure one or more vessels
to transport all the quantities provided for in Article 1 of the Agreement , of
dimensions corresponding to the normal 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 .
The agent of the recipient country shall inform .the EEC of this date
immediately on learning it , and also that for commencement of delivery ,
if possible twenty days in advanoe and in any case ten days before the date
for commencement of delivery.
         /
He shall establish with the agent of the EEC the schedule on which delivery shall
take place .
 ---pagebreak---                               Article 7
 Should the recipient country be unable to begin loading on the date provided
 for in Article 6 , paragraph 1 , the agent of the recipient country shall in­
 form the agent of the EEC without delay.
 In this event a new date for the' commencement of delivery and (if applicable) a
 schedule could be, agreed between the agents of the EEC and of the recipient
 country . The costs arising from this delay shall in all cases except force
ma.jeure be borne by the recipient country .
 Should the new date provided for in paragraph 2 be more than 30 clear days
 sifter the date for loading provided for in Article 6 , paragraph 1 , the EEC
may- dispose of the goods without prejudice to its commitment under Article 1
of this Agreement .
                             Article 8
If the quantity made available for loading on a vessel cannot be put on
board in its entirely , the recipient country shall inform the EEC as soon
as possible and no later than fifteen clear days after loading has been
completed whether it intends to accept or to renounce the balance .
In the former case the provisions of Article 7i paragraphs 2 and 3 » shall
apply to the balance , if delivery has not yet taken place .
In the latter case the EEC may consider that it has discharged its commitment
to the recipient country under Article 1 of this Agreement and shall bear
the costs resulting from such renunciation .
In any event after the expiry of an interval of fifteen clear days and in
the absence of any notice on the part of the recipient country , the renun­
ciation shall be deemed to have taken place .
                              Article 9
Upon delivery of the goods , the recipient country shall hand to the agent of
the EEC a certificate of acceptance stating the port of shipment , date of
acceptance , the nature and quantity of the goods accepted and including
any comments on the quality of the goods .