CELEX: 
Language: en
Date: 1974-09-05 00:00:00
Title: Council Decision of 27 June 1974 on the conclusion of an Agreement between the European Economic Community and the Hashemite Kingdom of Jordan on the supply of butteroil as food aid #Agreement between the European Economic Community and the Hashemite Kingdom of Jordan on the supply of butteroil as food aid

5 . 9 . 74                               Official Journal of the European Communities                       No L 243 / 1
                                                                II
                                           (Acts whose publication is not obligatory)
                                                      COUNCIL
                                                     COUNCIL DECISION
                                                        of 27 June 1974
               on the conclusion of an Agreement between the European Economic Community and
                    the Hashemite Kingdom of Jordan on the supply of butteroil as food aid
                                                          (74/437/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                           on the supply of butteroil as food aid, the text of
                                                                    which is annexed hereto, is hereby concluded on
                                                                    behalf of the Community.
Having regard to the Treaty establishing the
European Economic Community, and in particular
Articles 113 , 114 and 228 thereof;
                                                                                           Article 2
Having regard to the recommendation from the
Commission ;
                                                                    The President of the Council is hereby authorized
Whereas by Regulation (EEC) No 530/74 (*) the                       to designate the persons empowered to sign the
Council    decided to      make      1 000 metric tons      of      Agreement, and to confer on them the powers
butteroil available to the Hashemite Kingdom of                     necessary to bind the Community.
Jordan,
HAS DECIDED AS FOLLOWS :                                            Done at Luxembourg, 27 June 1974.
                          Article 1                                                                   For the Council
                                                                                                       The President
The Agreement between the European Economic
Community and the Hashemite Kingdom of Jordan                                                          K. GSCHEIDLE
C ) OJ No L 65 , 7. 3 . 1974, p. 1 .
 ---documentbreak---  No L 243 /2                         Official Journal of the European Communities                                5 . 9 . 74
                                                     AGREEMENT
              between the European Economic Community and the Hashemite Kingdom of Jordan
                                        on the supply of butteroil as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
              of the one part,
              THE GOVERNMENT OF THE HASHEMITE KINGDOM OF JORDAN,
              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 HASHEMITE KINGDOM OF JORDAN :
              WHO HAVE AGREED AS FOLLOWS :
                          Article 1                                                      Article IV
 The European Economic Community, hereinafter
referred to as the 'Community', shall supply as                 The country of destination undertakes to use the
 a gift to the Hashemite Kingdom of Jordan, herein­             product received as aid for consumption and to
after referred to as the 'country of destination',              distribute it free of charge to the refugee population.
 1 000 metric tons of butteroil of the quality and with
the packaging specified in Annex I, which forms an
integral 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
Deliveries shall be made in accordance with the
                                                                to the normal structure of domestic production and
arrangements set out in Annex II which forms an                 international trade. To this end, they shall take any
integral part of this Agreement.                                measures required to ensure that aid supplies are
                                                                in addition to, and do not replace, commercial
                         Article III                           transactions which might reasonably be expected in
The country of destination undertakes to make all               the absence of such supplies.
the necessary arrangements for the transport and
insurance of the delivered product from the points
                                                                                        Article VI
of delivery to their place of destination.
It undertakes to exercise the greatest care to ensure
that the tendering arrangements for sea transport               The country of destination shall take all appropriate
do not prejudice the free play of competition. Any              measures to prevent :
problems arising in this connection shall be the
subject of consultations under Article VIII of this             — the re-export of the product received as aid and
Agreement.                                                          of products derived from them;
 ---pagebreak--- 5 . 9 . 74                              Official Journal of the European Communities                               No L 243 /3
— the export, commercially or otherwise, within six                — every three months until the quantities received
     months from the date of the last delivery, either                 as aid have been fully used: quantities
      of the product obtained locally which should be                  distributed ; number and nature of beneficiaries ;
      of the same kind as that received as aid or of                   places, rates and method of distribution.
      any products derived from them.
                          Article VII                                                      Article VIII
The country of destination undertakes to inform the                At the request of either of them, the Contracting
Community of the circumstances surrounding the                     Parties shall consult each other on any questions
implementation of this Agreement. For this purpose,                concerning the implementation of this Agreement.
it shall provide the Commission of the European
Communities with the following details :
— immediately after the unloading of each cargo :                                           Article IX
      port and date of arrival of vessel ; nature, quantity
      and any observations as to the quality of the
      products unloaded ; date on which unloading was              This Agreement is drawn up in duplicate in the
      completed; costs of sea transport and of                     Danish, Dutch, English, French, German and Italian
      insurance 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 1 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 — 1 can per carton
                   (b) Marking on the packaging (in English) :
                       'BUTTEROIL — GIFT OF THE EUROPEAN ECONOMIC COMMUNITY TO THE
                       HASHEMITE KINGDOM OF JORDAN FOR FREE DISTRIBUTION '.
 ---pagebreak--- No L 243/4                            Official Journal of the European Communities                                     5 . 9 . 74
                                                         ANNEX II
                       ARRANGEMENTS REFERRED TO IN ARTICLE II OF THE AGREEMENT
                        CHAPTER I                                The other costs referred to in the first subparagraph
                                                                 shall be refunded by the Community only if they have
                      General Provisions                         been paid by the country of destination with the approval
                                                                 of the Community.
                          Article 1
                                                                                             Article 5
Delivery shall be effected and all risk shall pass from
the Community to the country of destination at the               Where it is impossible for the Community to supply all
moment at which the goods are put down at the point              or part of the goods on the date and within the time
of exportation named by the Commission of the Euro­              limits provided for in Article 6 the agents of the Com­
pean Communities at the berth specified by the country           munity and of the country of destination may, without
of destination or its agent referred to in Article 2 and         prejudice to Article 4, agree on a new date and a new
under the terms specified in this Annex. Without pre­            time limit for the delivery of all the goods or of the
judice to Articles 7 and 8 the Community shall bear all          undelivered part thereof.
costs prior to delivery and the country of destination
those after delivery.
                                                                                          CHAPTER III
                          Article 2
                                                                             Obligations of the country of destination
For the purpose of implementing the provisions of this
Annex the Community shall appoint — if necessary for                                         Article 6
each consignment — an agent whose name and address
it shall make known to the country of destination im­            After contacting the Community, the country of destina­
mediately following his appointment. For each port of            tion shall procure to transport all the quantities provided
shipment the country of destination shall appoint an             for in Article I of the Agreement one or more vessels of
agent whose name and address it shall make known to              dimensions corresponding to the normal capacity of the
the Community with all despatch and if possible before           port of shipment ; these vessels must be ready for loading
the appointment of the agent of the Community.                   on a date falling within the period referred to in
                                                                 Article 3 .
                          Article 3
                                                                 The agent of the country of destination shall inform the
Before implementing the procedure for appointing the             Community of this date and of the date for commence­
agent of the Community referred to in Article 2, the             ment of delivery as soon as he knows them, if possible
Commission of the European Communities and the                   20 days in advance and in any case 10 days before the
country of destination shall establish by joint agreement         date for commencement of delivery.
the period during which delivery must begin.
                                                                 He shall establish with the agent of the Community the
                                                                 schedule according to which delivery shall take place.
                        CHAPTER II
                                                                                             Article 7
              Obligations of the Community
                                                                 Where the country of destination is unable to begin
                           Article 4                             loading on the date provided for in the first subparagraph
                                                                 of Article 6, the agent of the country of destination shall
Where the Community is not in a position to carry out            inform the agent of the Community without delay.
 delivery on the date, and, if applicable, according to the      In this event the agents of the Community and of the
 schedule laid down in Article 6, all costs arising for the      country of destination may agree on a new date for the
country of destination — in particular demurrage void            commencement of delivery and, if applicable, a new
freight and dead freight — shall be borne by the Comu­
nity.
                                                                 schedule. The costs arising from the delay in loading
                                                                 shall in all cases except force majeure be borne by the
                                                                 country of destination .
The charges and the arrangements relating to demurrage
laid down in the contract concluded between the country          Shold the new date provided for in the second sub­
of destination and the carrier must have previously been         paragraph be more than 30 clear days after the date for
agreed by the country of destination and the agent of            loading provided for in the first subparagraph of Article
the Community.                                                   6, the Community may dispose of the goods without
 ---pagebreak---   5 . 9. 74                           Official Journal of the European Communities                             No L 243 /5
prejudice to its commitment under Article I of this              destination under Article I of this Agreement and shall
 Agreement.                                                      bear the costs resulting from renunciation.
                          Article 8                              In any event, after an interval of 15 clear days and in
                                                                the absence of any notice on the part of the country of
Where the quantity made available        for loading on a        destination , renunciation shall be deemed to have taken
 vessel cannot be loaded on board       in its entirety, the    place.
country of destination shall inform     the Community as
soon as possible, and no later than     15 clear days after
loading has been completed, whether     it intends to accept                                Article 9
or to renounce the balance.
In the former case the second and third subparagraphs            Upon delivery of the goods, the country of destination
of Article 7 shall apply to the balance, if delivery has not    shall hand over to the agent of the Community a certifi­
yet taken place.                                                cate of acceptance stating the port of shipment, date of
                                                                acceptance and the nature and quantity of the goods
In the latter case the Community may consider that it            accepted, together with any comments on the quality of
has discharged its commitment to the country of                 the goods .
              Information on the signing of the Agreement on the supply of food aid between the
                     European Economic Community and the Hashemite Kingdom of Jordan
              The Agreement between the European Economic Community and Jordan on the supply
              of butteroil as food aid, which the Council decided to conclude on 27 June 1974, was
              signed in Brussels on 28 June 1974 on behalf of the Council of the European Com­
              munities by :
              Mr Ulrich Lebsanft, Ambassador Extraordinary and Plenipotentiary, Chairman of the
              Permanent Representatives Committee, and
              Mr Hans-Broder Krohn, Director-General for Development and Cooperation, Com­
              mission of the European Communities, on behalf of the Government of Jordan by :
              Mr Nijmeddin Dajani, Ambassador and Head of the Jordanian Mission to the
              European Communities.
 ---documentbreak--- NA ---documentbreak---   5 . 9. 74                           Official Journal of the European Communities                             No L 243 /5
prejudice to its commitment under Article I of this              destination under Article I of this Agreement and shall
 Agreement.                                                      bear the costs resulting from renunciation.
                          Article 8                              In any event, after an interval of 15 clear days and in
                                                                the absence of any notice on the part of the country of
Where the quantity made available        for loading on a        destination , renunciation shall be deemed to have taken
 vessel cannot be loaded on board       in its entirety, the    place.
country of destination shall inform     the Community as
soon as possible, and no later than     15 clear days after
loading has been completed, whether     it intends to accept                                Article 9
or to renounce the balance.
In the former case the second and third subparagraphs            Upon delivery of the goods, the country of destination
of Article 7 shall apply to the balance, if delivery has not    shall hand over to the agent of the Community a certifi­
yet taken place.                                                cate of acceptance stating the port of shipment, date of
                                                                acceptance and the nature and quantity of the goods
In the latter case the Community may consider that it            accepted, together with any comments on the quality of
has discharged its commitment to the country of                 the goods .
              Information on the signing of the Agreement on the supply of food aid between the
                     European Economic Community and the Hashemite Kingdom of Jordan
              The Agreement between the European Economic Community and Jordan on the supply
              of butteroil as food aid, which the Council decided to conclude on 27 June 1974, was
              signed in Brussels on 28 June 1974 on behalf of the Council of the European Com­
              munities by :
              Mr Ulrich Lebsanft, Ambassador Extraordinary and Plenipotentiary, Chairman of the
              Permanent Representatives Committee, and
              Mr Hans-Broder Krohn, Director-General for Development and Cooperation, Com­
              mission of the European Communities, on behalf of the Government of Jordan by :
              Mr Nijmeddin Dajani, Ambassador and Head of the Jordanian Mission to the
              European Communities.