CELEX: 21975A0103(01)
Language: en
Date: 1974-10-02 00:00:00
Title: Agreement between the European Economic Community and the Republic of Afghanistan on the supply of butteroil as food aid

No L 1 / 34                         Official Journal of the European Communities                               3 . 1 . 75
                                                     AGREEMENT
              between the European Economic Community and the Republic of Afghanistan
                                       on the supply of butteroil as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE GOVERNMENT OF THE REPUBLIC OF AFGHANISTAN ,
              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 REPUBLIC OF AFGHANISTAN :
              WHO HAVE AGREED AS FOLLOWS :
                          Art idc I                                                   Article IV
The European Economic Community, hereinafter                   The country of destination undertakes to use the
referred to as the ' Community', shall supply as a gift        product received as aid for purposes of consumption
to the Republic of Afghanistan , hereinafter referred to       and to apply, for the sale of the product on its market,
as the 'country of destination ', 600 metric tons of           the prices normally charged on that market for
butteroil of the quality and with the packaging speci­         products of comparable quality.
fied in Annex 1 , which forms an integral part of this
Agreement .                                                    The proceeds from this sale shall be paid into a
                                                               special account at the central bank of that country and
                                                               allocated to the financing of one or more develop­
                          Artidc II                            ment schemes in accordance with the procedure to be
                                                               agreed between the recipient country and the Commu­
                                                               nity .
Deliveries  shall   be   made    in accordance  with  the
arrangements set out in Annex II which forms an inte­
gral part of this Agreement .                                                         Artidc V
                                                               The contracting parties undertake to implement this
                         Artidc III
                                                               Agreement in such a way as to avoid any prejudice to
                                                               the normal structure of domestic production and inter­
The country of destination undertakes to make all the          national trade . To this end, they shall take any
necessary arrangements for the transport and insur­            measures required to ensure that aid supplies are in
ance of the delivered product from the points of               addition to, and do not replace, commercial transac­
delivery to their place of destination .                       tions which might reasonably be expected in the
                                                               absence of such supplies .
It undertakes to exercise the greatest care to ensure
that the tendering arrangements for sea transport do
not prejudice the free play of competition . Any                                      Article VI
problems arising in this connection shall be the
subject of consultations under Article VIII of this            The country of destination shall take all appropriate
Agreement .                                                    measures to prevent :
 ---pagebreak--- 3 . 1 . 75                              Official Journal of the European Communities                                No L 1 / 35
— the re-export of the product received as aid and of                     have been sold, selling prices ; normal selling costs
      products derived from them ;                                        on the market of the country of destination ; insur­
— the export, commercially or otherwise, within six                       ance costs and, where appropriate, transport costs
      months from the date of the last delivery, either of                from the port of discharge to the places of destina­
      the product obtained locally which should be of                     tion .
      the same kind as that received as aid or of any                 3 . on 15 January every year until the special account
      products derived from them .                                        has been fully used :
                           Artide VII
                                                                          (a) state of this account (deposits and withdrawals)
                                                                              on 31 December of the preceding year ;
The country of destination undertakes to inform the                       (b) progress achieved in the project or projects,
Community of the circumstances surrounding the                                with   an  indication   of the  total amount    of
implementation of this Agreement. For this purpose,                           financing carried out at that stage .
it shall provide the Commission of the European
Communities with the following details :                                                     Article VIII
 1 . immediately after the unloading of each cargo :                  At the request of either of them , the contracting
     port and date of arrival of vessel ; nature , quantity           parties shall consult each other on any questions
     and any observations as to the quality of the                    concerning the implementation of this Agreement.
     product unloaded ; date on which unloading was
     completed ; costs of sea transport and of insurance                                       Article IX
     relating thereto .
                                                                      This Agreeement is drawn up in duplicate in the
2. every three months until the quantities received as                Danish , Dutch , English , French , German and Italian
     aid have been fully used : quantities sold , how they            languages, each of these texts being authentic .
                                                             ANNEX I
                                                           BUTTEROIL
                                                     QUALITY AND PACKING
                 I. Quality requirements
                     (a) Characteristics of the product :
                         Concentrated milk fats containing not less than 99.8 % of pure fats .
                     (b) Standard composition :
                         (Analysis at time of manufacture and packing)
                         — Moisture and non-fat milk substances : maximum 0.2 %
                         — Fats : minimum 99.8 %
                         — Free fatty acids : Maximum 0.5 % (expressed as oleic acid )
                         — Peroxide level/kg : maximum 1 unit (in milliequivalents of active oxygen /kg)
                         — Taste : pure
                         — Smell : absence of smell extraneous to butteroil .
                II . Packing
                     (a) Type of pitching :
                         — 20 kg metal cans — 1 can per carton .
                     (b) Mark (in English):
                          Butteroil — Gift of the European Economic Community to the Republic of Afghanistan .
 ---pagebreak---  No L 1 / 36                            Official Journal of the European Communities                                     3 . 1 . 75
                                                              ANNEX II
                       ARRANGEMENTS REFERRED TO IN ARTICLE II OF THE AGREEMENT
                           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 shall be effected and all risk shall pass from the       delivery of all the goods or of the undelivered part thereof.
 Community to the country of destination at the moment at
.which the goods are put down at the point of exportation                                   CHAPTER III
 named by the Commission of the European Communities at
 the berth specified by the country of destination or its agent
 referred to in Article 2 and under the terms specified in this              Obligations of the country of destination
 Annex. Without prejudice to Articles 7 and 8 the Commu­
 nity shall bear all costs prior to delivery and the country of
 destination those 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 address 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 days in
 of the Community.                                                 advance and in any case 10 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
                             Article 4                              dule. The costs arising from the delay in loading shall in all
                                                                    cases except force majeure be borne by the country of desti­
 Where the Community is not in a position to carry out              nation .
 delivery on the date and , if applicable, according to the sche­
 dule laid down in Article 6, all costs arising for - the country   Should the new date provided for in the second paragraph be
 of destination — in particular demurrage void freight and          more than 30 clear days after the date for loading provided
 dead freight — shall be borne by the Community.                    for in the first paragraph of Article 6, the Community may
                                                                    dispose of the goods without prejudice to its commitment
 The charges and the arrangements relating to demurrage laid        under Article I of this Agreement .
 down in the contract concluded between the country of desti­
 nation and the carrier must have previously been agreed by
 the country of destination and the agent of the Community.                                    Article 8
 The other costs referred to in the first paragraph shall be        Where the quantity made available for loading on a vessel
 refunded by the Community only if they have been paid by           cannot be loaded on board in its entirety, the country of
 the country of destination with the approval of the Commu­         destination shall inform the Community as soon as possible ,
 nity .                                                             and no later than 15 clear days after loading has been
 ---pagebreak--- 3 . 1 . 75                           Official Journal of the European Communities                               No L 1 / 37
completed , whether it intends to accept or to renounce the     In any event, after an interval of 1 5 clear days and in the
balance .                                                       absence of any notice on the part of the country of destina­
                                                                tion , renunciation shall be deemed to have taken place .
In the former case the second and third paragraphs of Article
7 shall apply to the balance, if delivery has not yet taken                                Article 9
place .
                                                                Upon delivery of the goods , the country of destination shall
In the latter case the Community may consider that it has       hand over to the agent of the Community a certificate of
discharged its commitment to the country of destination         acceptance stating the port of shipment , date of acceptance
under Article I of this Agreement and shall bear the costs      and the nature and quantity of the goods accepted , together
resulting from renunciation .                                   with any comments on the quality of the goods .
               Information on the signing of the Agreement between the European Economic
                   Community and the Republic of Afghanistan on the supply of food aid
               The Agreement between the European Economic Community and Afghanistan 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 Euro­
               pean Communities by :
               Mr Emile Cazimajou , Minister Plenipotentiary, Chairman of the Committee of Deputy
               Permanent Representatives, and
               Mr Durieux, Director for Development and Cooperation , Commission of the European
               Communities ,
               and on behalf of the Government of the Republic of Afghanistan by :
               Mr Saif Katil , First Secretary and acting Charge d'affaires at the Embassy of Afghanistan
               to France .