CELEX: 
Language: en
Date: 1975-04-01 00:00:00
Title: Council Decision of 17 February 1975 on the conclusion of the Agreement between the European Economic Community and the Lebanese Republic on the supply of butteroil as food aid #Agreement between the European Economic Community and the Lebanese Republic on the supply of butteroil as food aid

1 . 4. 75                      Official Journal of the European Communities                       No L 81 / 15
                                           COUNCIL DECISION
                                            of 17 February 1975
          on the conclusion of the Agreement between the European Economic Commu­
               nity and the Lebanese Republic on the supply of butteroil as food aid
                                                 (75/ 1 91 / 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, the Council has decided to make 250 metric
          tons of butteroil available to the Lebanese Republic,
          HAS DECIDED AS FOLLOWS :
                                                   Article 1
          The Agreement between the European Economic Community and the Lebanese Republic
          on the supply of butteroil as food aid is hereby concluded on behalf of the Community.
          The text of the Agreement is annexed to this Decision .
                                                    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 Brussels, 17 February 1975 .
                                                                     For the Council
                                                                      The President
                                                                        R. RYAN
 ---documentbreak--- No L 81 / 16                          Official Journal of the European Communities                              1 . 4 . 75
                                                       AGREEMENT
               between the European Economic Community and the Lebanese Republic on the
                                              supply of butteroil as food aid
               THE COUNCIL OF THE EUROPEAN COMMUNITIES,
               of the one part,
               THE GOVERNMENT OF THE LEBANESE REPUBLIC,
               of the other part,
               HAVE DECIDED to conclude this Agreement, and to this end have designated as their Pleni­
               potentiaries :
               THE COUNCIL OF THE EUROPEAN COMMUNITIES :
               THE GOVERNMENT OF THE LEBANESE REPUBLIC :
               WHO HAVE AGREED AS FOLLOWS :
                           Article I                                                    Article IV
The European Economic Community, hereinafter                     The country of destination undertakes to use the
referred to as the ' Community', shall supply the Leba­          product received as aid for consumption and to distri­
nese Republic, hereinafter referred to as the 'country           bute it free of charge to needy sections of the popula­
of destination ', by way of gift, with 250 metric tons of        tion .
butteroil , of which the quality and packaging require­
ments are specified in Annex I , which forms an inte­
gral part of this Agreement.                                                             Article V
                           Article II                            The Contracting Parties undertake to implement this
                                                                 Agreement in such a way as to avoid any prejudice to
Deliveries will be made in accordance with the                   the normal structure of domestic production and inter­
detailed rules set out in Annex II which forms an inte­          national trade. To this end , they shall take any
gral part of this Agreement.                                     measures required to ensure that aid supplies are in
                                                                 addition to, and do not replace, commercial trans­
                                                                 actions which might reasonably be expected in the
                          Article III                            absence of such supplies .
The country of destination undertakes to make all
necessary arrangements for the transport and insur­                                     Article VI
ance of the product from point of delivery to places of
destination .
                                                                 The country of destination shall take all appropriate
                                                                 measures to prevent :
It undertakes to exercise the greatest possible care to
ensure that the tendering arrangements for the trans­            — the re-export of the product received as aid and oi
port by sea shall not be prejudicial to the free play of              products derived from it ;
fair competition . Any problems arising in this connec­
tion shall be the subject of consultations under Article         — the export, commercially or otherwise, within si>
VIII .                                                                months from the date of the last delivery, both o
 ---pagebreak--- 1 . 4. 75                              Official Journal of the European Communities                                  No L 81 / 17
     local produce of the same nature as last received as           2. every three months until the quantities received as
     aid or of processed products derived from it.                     aid have been fully used : quantities distributed ;
                                                                        number and nature of the beneficiaries ; places,
                          Article VII                                   rate and method of distribution .
The country of destination undertakes to inform the
                                                                                             Article VIII
Community of the manner in which this Agreement
is performed . To this end, it shall communicate the                At the request of either of them , the Contracting
following information to the Commission of the Euro­                Parties shall consult each other on any questions
pean Communities :                                                  concerning the implementation of this Agreement.
1 . immediately after the discharge of each cargo : port
    and date of arrival of vessel ; nature and quantity of                                    Article IX
    the product discharged and any observations as to
    the quality ; date on which discharge was                       This Agreement is drawn up in duplicate in the
    completed ; costs of sea transport and of insurance             Danish, Dutch, English, French, German and Italian
    relating thereto ;                                              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 % of pure fats.
                    (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 milliequivalents 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 French) :
                         BUTTEROIL / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPEENNE A LA
                        RÉPUBLIQUE LIBANAISE A DISTRIBUER GRATUITEMENT
 ---pagebreak---   No L &1 / 18                           Official Journal of the European Communities                                    1 . 4 . 75
                                                              ANNEX II
                                        DELIVERY AND ACCEPTANCE PROCEDURES
                           CHAPTER I                                                           Article 5
                                                                    Where it is impossible for the Community to supply all or
                       General provisions                           part of the goods on the date and within the time limits
                                                                    provided for in Article 6, the agents of the Community and
                             Article 1                              of the country of destination may, without prejudice to
                                                                    Article 4, agree on a new date and a new time limit for the
                                                                    delivery of all the goods or of the undelivered part thereof.
 Delivery shall be effected and all risk shall pass from the
 Community to the country of destination at the moment at
 which the goods are put down at the point of exportation
 named by the Commission of the European Communities at                                     CHAPTER III
 the berth specified by the country of destination or its agent
 referred to in Article 2 and under the terms specified in this
 Annex. Without prejudice to Articles 7 and 8 the Commu­                    Obligations of the country of destination
 nity shall bear all costs prior to delivery and the country of
 destination all costs after delivery.
                                                                                               Article 6
                             Article 2                             After contacting the Community, the country of destination
                                                                    shall procure, to transport all the quantities provided for in
 For the purpose of implementing the provisions of this            Article I of the Agreement, one or more vessels of dimen­
Annex the Community shall appoint — if necessary for each          sions corresponding to the normal capacity of the port of
consignment — an agent whose name and addreso it shall             shipment ; these vessels must be ready for loading on a date
 make known to the country of destination immediately              falling within the period referred to in Article 3 .
 following his appointment. For each port of shipment the
country of destination shall appoint an agent whose name           The agent of the country of destination shall inform the
and address it shall make known to the Community with all          Community of this date and of the date for commencement
dispatch and if possible before the appointment of the agent       of delivery as soon as he knows them , if possible 20 clear
of the Community.                                                  days in advance and in any case 10 clear days before the date
                                                                   for commencement of delivery .
                            Article 3
                                                                   He shall establish with the agent of the Community the sche­
                                                                   dule according to which delivery shall take place .
Before implementing the procedure for appointing the agent
of the Community referred to in Article 2, the Commission
of the European Communities and the country of destination                                     Article 7
shall establish by joint agreement the period during which
delivery must begin .                                              Where the country of destination is unable to begin loading
                                                                   on the date provided for in the first paragraph of Article 6,
                                                                   the agent of the country of destination shall inform the agent
                          CHAPTER II                               of the Community without delay .
                                                                   In this event the agents of the Community and of the
               Obligations of the Community                        country of destination may agree on a new date for the
                                                                   commencement of delivery and, if applicable , a new sche­
                                                                   dule. Save in cases of force majeure, the costs arising from
                            Article 4                              the delay in loading shall be borne by the country of destina­
                                                                   tion .
Where the Community is not in a position to carry out
delivery on the date , and if applicable, according to the sche­   Should the new date provided for in the second paragraph be
dule laid down in Article 6, all costs arising for the country     more than 30 clear days after the date for loading provided
of destination — for example, demurrage, void freight and          for in the first paragraph of Article 6, the Community may
dead freight — shall be borne by the Community .                   dispose of the goods without prejudice to its commitment
                                                                   under Article I of this Agreement.
The charges and the arrangements relating to demurrage laid
down in the contract concluded between the country of desti­
nation and the carrier must have previously been agreed by                                    Article 8
the country of destination and the agent of the Community .
                                                                   Where the quantity intended for loading on a vessel cannot
The other costs referred to in the first paragraph shall be        be loaded on board in its entirety , the country of destination
refunded by the Community only if they have been paid by           shall inform the Community as soon as possible, and no
the country of destination with the approval of the Commu­         later than 15 clear days after loading has been completed ,
nity .                                                             whether it intends to accept or to renounce the balance .
 ---pagebreak--- 1 . 4. 75                            Official Journal of the European Communities                                No L 81 / 19
In the former case the second and third paragraphs of Article                             Article 9
7 shall apply to the balance, if delivery has not yet taken
place .
In the latter case the Community may consider that it has
discharged its commitment to the country of destination        Upon delivery of the goods, the country of destination shall
under Article I of the Agreement and shall bear the costs      hand over to the authorized agent of the Community a certifi­
resulting from renunciation .                                  cate of acceptance which shall set out the port of shipment,
                                                               date of acceptance and the nature and quantity of the goods
In any event, after an interval of 15 clear days and in the    accepted, together with any comments on the quality of the
absence of any notice on the part of the country of destina­   goods . A copy of the certificate shall be sent to the Commis­
tion, renunciation shall be deemed to have taken place.        sion of the European Communities .
               Information on the signing of the Agreement between the European Economic
                                       Community and the Lebanese Republic
               The Agreement between the European Economic Community and Lebanon 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 Euro­
               pean Communities by :
               Mr Brendan Dillon , Ambassador Extraordinary and Plenipotentiary, Chairman of the
               Permanent Representative* Committee, and
               Mr Hans-Broder Krohn , Director-General of Development and Cooperation at the
               Commission of the European Communities,
               and on behalf of the Lebanese Republic by :
               Mr Kesrouan Labaki, Ambassador Extraordinary and Plenipotentiary, Head of the Leba­
               nese Mission to the European Communities.
 ---documentbreak--- NA ---documentbreak--- 1 . 4. 75                            Official Journal of the European Communities                                No L 81 / 19
In the former case the second and third paragraphs of Article                             Article 9
7 shall apply to the balance, if delivery has not yet taken
place .
In the latter case the Community may consider that it has
discharged its commitment to the country of destination        Upon delivery of the goods, the country of destination shall
under Article I of the Agreement and shall bear the costs      hand over to the authorized agent of the Community a certifi­
resulting from renunciation .                                  cate of acceptance which shall set out the port of shipment,
                                                               date of acceptance and the nature and quantity of the goods
In any event, after an interval of 15 clear days and in the    accepted, together with any comments on the quality of the
absence of any notice on the part of the country of destina­   goods . A copy of the certificate shall be sent to the Commis­
tion, renunciation shall be deemed to have taken place.        sion of the European Communities .
               Information on the signing of the Agreement between the European Economic
                                       Community and the Lebanese Republic
               The Agreement between the European Economic Community and Lebanon 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 Euro­
               pean Communities by :
               Mr Brendan Dillon , Ambassador Extraordinary and Plenipotentiary, Chairman of the
               Permanent Representative* Committee, and
               Mr Hans-Broder Krohn , Director-General of Development and Cooperation at the
               Commission of the European Communities,
               and on behalf of the Lebanese Republic by :
               Mr Kesrouan Labaki, Ambassador Extraordinary and Plenipotentiary, Head of the Leba­
               nese Mission to the European Communities.