CELEX: 51974PC0941
Language: en
Date: 1974-06-27 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Republic of Cyprus 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) 941
Vol. 1974/0156
 ---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
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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,
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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,
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 ---pagebreak---          COMMISSION OF THE EUROPEAN COMMUNITIES
                                                            COM(74)941 final
                                                            Brussels. 27 June 1974
                          RECOMMENDATION FOR A COUNCIL DECISION"
              on the conclusion of an agreement "between the European Economic
         Community and the Republic of Cyprus for the supply of "butteroil as food aid
                       ( submitted to the Council "by the Commission )
COMC74 ) 941 final
 ---pagebreak---  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 proposal from the Commission ;          '
 Yftiereas the Council in Regulation ( EEC ) no . 530/74 of 4«3»1974 on the
 supply of butteroil as food aid decided to make       250 ' metric tons of
 butteroil available to the Republic of Cyprus .
HAS DECIDED :
                                Article   1
An Agreement between the European Economic Community and the
Republic of Cyprus 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
The 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 ,
                                                    Por the Council
                                                     The Président
 ---pagebreak---                                    .   '    AGRKUÎIIEÎ7T
                               ESTIEEN THE EUROPE AIT ECOITOMIC COMJOJITITY
                                     AND THE REPUBLIC OP . . CYPRUS
                               OH THE SUPPLY OP FOOD AID 117 THE FORM OP
                                                  BUTTEROIL           ""   .
         *                   ?    ? •         ' '                              '
     .t                        .                   *                             •
., ;   . • , ■ : ■       ...                             *          • •      '
                                         • •.        • v       *         • .
                       *  •                                      ,       c
                     *                                     » r    ^
                   . •#
 ---pagebreak--- TIIE C0U1TCIL OP TIIE EUROPEATT COLïïIUNITIES ,
                           .       ...           on thc one hand ,
                  • *
THE GOVER1J13E1IT OP THE REPUBLIC OP CYPRUS , •.
                                                 on *thc othor hana ,
HAViU DECIDED to concluded this Agreement and to this end have
                                      \
dosignated as their plenipotentiarios :
THE COUNCIL OP THE EUROPEAN C0KI-5UHITIES :
                                                          #   *
THE GOVERinElTT OP THE REPUBLIC OP CYPRUS :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                       AÏÏTICJE I
The European Economic Community shall supply "by way of gift to the Republic
 of Cyprus' (hereafter referred to as " the. recipient country") a quantity of
 250* tolls bf" butteroil . The quality and. packaging conditions are specified in
Annex I which forms an integral part of the present Agreement .
                                     ARTICJE II
Deliveries shall be effected \inder the arrangements provided in Annex- II V.'hich
forms an integral part of the present Agreement .
     <*   . –
                   . . "            AftTICLliï 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 .
                             *
                                  • AKTICIE IV
                                    1    1       ■
                                                                                   "
The recipient country undertakes to use the product received as aid for pur­
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 Bank 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---                                                                        '  , /
                                         ARTICLE V
    The Contracting Parties undertake to implement this Agreement in such a way
• as to avoid any prejudice to the normal structure of national production
    and international trade . To this end they shall take any measures required
    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 supplier .
               •                     • |                     . •
                                         JURTÏCH3 VI
    The recipient country shall 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 othervri.se , 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 prodxicts 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 soldj manner of sale;actual selling prices jnornal eellisj
       • 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 destina­
         tion;
    (iii ) On 15 January every year until the special account has been fully
            expended :                               . , • .
            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 cither consult each otier
on any questions concerning the implementation of this Agreement .
                 4             .         ■     •                   •
                                                                      *
    •          '         .       •
          •  ■     '            ■ATÎTICLE IX                 ■
This Agreement is drawn up in duplicate in the Danish , Dutchf English , Frenci ,
German and Italian languages , each of these texts having ecjual force .
 ---pagebreak---                                                                                  AîflîKX 3.
                                                                                  i
                                                HJTTEROITJ
           I. OtJALT.TY
               ( A) Produci eh araci, eri nt i c s :•                    .    •
                      Conccn tralcd mille fats containine noi less thaï. 99-07» of pure fats ;
               (33) St fmdard c.ornpor.it. ion :
                      (Analysis made at 'time of manufacture and packing)
          • .         - Moisture and non-fat rnilk substances-not more than 0.2#
                      - Fats - not less than 99«9 /°
                      - Free fatty acids ~ not more- than 0.5# (expressed as oleic acid)
                      - Peroxide level/kg - not more than 1 unit ( in milli-equivalents of
                          active oxygen per kg)
                       - Taste - pure
                       – Smell – absence of smell extraneous to "butteroil
            II. C0Î7DITI01TS OF PACTCAGI1TG
                  a) Metal cans of 20 kg - 1 can per carton.
              • t>) Marked the . packaging in English , :
                     / 33UTTEHOIL
                   '   GIFT OF THE EUROPEA- '-ECONOMIC COKMUiTITY
                       •TO THE REPUBLIC OF -CYPRUS
S   •
f •
V     - '
 ---pagebreak---                                                                 SJU1EX II
                              General  provisions
                                    Article 1
   Delivery shall be effected and risks shall pass from the European Economic
   Community, hereinafter referred to as 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 the following articles . Without prejudice to Article 7
   8 the EEC shall bear all costs up to delivery and the recipient covin try those
  beyond such delivery .
                                   Article 2
  The EEC shall appoint an agent to implement the provisions of the present
  Annex- or for eabh consignment- whose name end 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 ESC 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) at th© schedule as provided in Article 6 f all costs
arising for the recipient country- for example demurrage void freight and
dead freight- shall be borne by the ES}
                                                              /
 ---pagebreak--- The charges and the arrangements relating to demurrage laid down in the
 contract between the recipient country and the carrier must }lave ^een o-Srce(^
 in advance by the recipient country and the agent of the EEC .
The other costs referred to in tho 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 4 | 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 coimtry
                               Artic-le 6
 After contacting the EEC , the recipient country shall procure one or more vessel
 to transport all the quantities provided for in Article 1 of the Agreement , O J.
 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 advance 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 sha>
"take place .
 ---pagebreak---                               Article 7
  Should the recipient country bo unable to "begin loading on tho date provide
 for in Article 6, paragraph 1 , the rgent of the recipient country shall in-        j
 form the agent of the EEC without delay.                                             I
 In this event a new date for the commencement of delivery and (if applicable) a ne .
 schedule ' may . "bo agreed between the agents of the EEC and of the recipient
 country. The costs arising from this delay shall in all cases except force            [
                                                                                       !
 majeure be borne by the recipient country.                                             j!
                                  >•                                                     !
 Should the new date provided for in paragraph 2 "be more than 30 clear days             ^
 after the date for loading provided for in Article 6, paragraph 1 , the EEC             j
 mayctdispose of the goods without prejudice to its commitment under Article 1            ;
 of this Agreement .                                     .                                 ;
                                                                                           |
     '
                                                                                           iI
                             Article 8
 If the quantity made available for loading on a vessel cannot be put on
 board in its entirety , 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 7t 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 .
                              Articlo 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 .