CELEX: 51974PC1548
Language: en
Date: 1974-10-01 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an Agreement between the European Economic Community and the Republic of India for the supply of butteroil and butter as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1548
Vol. 1974/0249
 ---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 QF THE EUROPEAN CQMMUMTÏE
                                               COM(74 ) 1548 final
                                               Brussels , 1 October 1974
                               RECOMMENDATION POR
                               A COUNCIL DECISION
                 on the conclusion of an Agreement between the
                  European Economic Community and the Republic
                 of India for the supply of "butteroil and "butter
                                   as food aid
                 ( submitted to the Council by the Commission)
   COM(74 ) 1548 final
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMIUNITIES ,
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 }
                                                                             /
Yttiereas the Council in Regulation ( EEC ) no . 530/74     on tha supply of butteroil
as food aid decided to make 3*000 tonnes of butteroil available to the Republic of
India , this amount to be supplied either entirely as butteroil , or partly as butteroil
and partly as butter in proportions           agreed between the European Economic Community
and the recipient country }
                                            ^          .                 »
                                                                             \
HAS DECIDED :                                                                  \
                                        Article    1
An Agreement betvjeen the European Economic Community and the Republic of India for
the supply of butteroil and butter as food aid is hereby concluded on behalf of
 the European Economic Community * The text of the Agreement iG annexed to this
Decision .                                                '                -
                                                                                     i
                                        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 *
                                                  Π
Done at Brussels ,
                                                             For the Council
                                                     /
                                                              The President
 ---pagebreak---                                          /
         AGREEHEITT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
    AND TIE REPUBLIC OF    INDIA
ON THE SUPPLY OP FOOD AID IN THE FORM OF
    BUTTEROIL AND BUTTER .
 ---pagebreak--- THE COUNCIL OP THE EUROPEAll COMMUNITIES .
                                     /       of the one part .
       «                            /      •
            *                     i                             •
         »                      i                  .
THE GOVERNMENT OF THE REPUBLIC OP INDIA
                                             of. the other part ,
HAVE DECIDED to concluded this Agreement and to this end have
designated as their plenipotentiaries :
                                              - .           *       ι
                                                        I
THE COUNCIL OP THE EUROPEAN COMMUNITIES t             ,
                     I    '
                                       '":        ' '         ,
                   .                                              4
THE GOVERNMENT OP THE REPUBLIC OP INDIA S
WHO HAVE AGREED AS FOLLOWS }
 ---pagebreak---                                   ARTICLE I
•                                                                                )
 The European Economic Community shall supply by way of gift to the . Republic
 6f India ( hereafter referred to as "the recipient country ") a quantity
 equivalent to 3.000 tonnes of butteroil . This quantity shall be supplied either
 entirely in the form of butteroil , or partly in the form of butteroil and partly:
 in the form of butter in proportions agreed between the Community and the
recipient country .        '                                                                !
 The quality and packaging conditions are specified in Annex            I which forms, an
 integral part of the present Agreement .
                                  AIÏTIC US II
Deliveries shall be . effected under the arrangements provided in Annex            II v:hich
                                                                               I
 forms an integral part of the present Agreement .
                                                               *             ι·
                                                       ■ • . .             *
                                               t
                                  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
 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 .
^he proceeds of this sale , evaluated on a lumpsum basis by agreement between
  the European Economic Community and the recipient country , shall be entered
  as revenue in the budget of the Central Government . They shall be used for the
  financing of Development projects which shall be . communicated by the recipient
  country and which shall not call forth any observations on the part of the
  Community .                 '                  ,               ■ i. ■
 ---pagebreak---                                   ■   ARTICIE 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 supplies .
                                                                    I
     . -         '                                                 /■
                                      ARTICLE 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 ;
                                                                      i
  ( ii ) the expert , 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 , 01* of any products
4
          resulting therefrom *                                               \   '
                                                                            \
                                      ARTICI B VII
                                      ■ i.i . ■ ■ m,m i . .i il i»      l
                                                                          "            • ■
 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
  ( 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 destina­
       tion ;
  ( iii ) On 15 January every year until completion of the development projects *
          - Stage of progress of the project or projects , indicating the total
            resources expended to that stage .
 ---pagebreak---                                -4-     ^
                               ARTICLE VIII
Tho 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 drawn up in duplicate in the Danish , Dutch , English , Frencn ,
German and Italian languages , each of these texts having equal force .
 ---pagebreak---                                                                     ΑΜΕ Χ I
                               "  BUTTEROIL
                                                          ι
                                                                       t
I * QUALITY
     ( A) Product chars-cteristics :                    '
          Concentrated milk fata containing not less than 99 * 8$ 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^
          - Pats - not less than 99*9 /*
          - Free fatty acids - not more than 0.57» ( 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 OP PACKAGTÏÏG
       a) Metal cans of 20 kg - 1 can per carton.
       b) Harked the packaging in English i
          HJTTEROIL
          GIFT OP THE EUROPEAN ECONOMIC COMMUNITY
                                                                            4
          TO ' THE REPUBLIC OF INDIA
                                                    i
                                                Φ '
 ---pagebreak--- BUTTER
I « Quality
    1 * Unsaltod "butter
         a) Milkfat content            ,                , not less than 82>
         b) Water content                              | not more than 16$
         c ) To "be produced out Of pasteurized soured cream .
    2 . Salted Butter         •
         a) Milkfat content         (                     not less than 80;"S
         b) Water content                                 not more than 16r/o
         c ) Salt content                           ■     from 0.5l/> to 2%
         d ) To be produced out of pasteurized unsoured cream *               .•
II . Pciclcgf.lllp;                                                         1
     a) In 25 kg blocks                                           '       .
     b) Packaging to be of resistant materials , designed to ensure' protection
                                              i
           the butter throughout the operations of transport , warehousing and
          distribution .
      c ) Harked on the packaging in English i
          BUTTER
          GIFT OP THE EUROPEAN ECONOMIC COMIUITITY
          TO   THE REPUBLIC OF IND T \
 ---pagebreak---                                                               ATOEX 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 and
 8 the EEC shall bear all costs up to delivery and the recipient country those
 beyond such delivery .                                                        1
                                Article 2
The EEC shall appoint an agent to implement the provisions of the present
Annex- or for each consignment - whose name and address it shall mako knO'.vn
to the recipient country immediately following his appointment .      \
The recipient country shall appoint an agent in the port or ports of shipment j
who so 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                                        v
Before implementing the procedures for appointing the agent of the EEC
referred to in Article 2 f 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 E0} '
 ---pagebreak--- The charges and the arrangements relating to demurrage laid down in the
contract "between the recipient country and the carrier must have ^oen agreed
in advance by the recipient country and the agent of the EEC .
                                                                  /
The other costs referred to in the first paragraph shall only be refunded
                                                     i
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 timo-limits provided for in Article 6 and without'
prejudice to the provisions of Article 4 » a nevf 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 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 shall
                                                                    . /
take place .
 ---pagebreak---                                 ArticlG 7
 Should the recipient country b^ 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       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 .           |
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
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 entirety , tho recipient country shall inform the EEC as soon
as possible and no later than fifteen clear days after loading has been
                                                                       l
completed whether it intends to accept or to renounce the balance .      »•
                               o                                     ,
In the former case the provisions of Article 7 » 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 renm>- /f ""
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 and send a copy *ih.sreof to the
Commission of the European Communities *
                                                              ./•