CELEX: 51974PC2096
Language: en
Date: 1974-12-17 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an Agreement between the European Economic Community and the Islamic Republic of Pakistan 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) 2096
Vol. 1974/0347
 ---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)2096 final
                                                       Brussels , 17 December 1974
                               RECOMMENDATION FOR A
                                 COUNCIL DECISION
                 on the conclusion of an Agreement "between the
                   European Economic Community and the Islamic
                Republic of Pakistan for the supply of "butteroil
                                   as food aid
                 ( submitted to the Council by the Commission)
OOM(74 ) 2096 final
 ---pagebreak---  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard, to the Treaty establishing the European Economic Community , and in
particular Artioles 113 , H4 and 228 thereof }
Having regard to the Recommendation from the Commission j
Whereas the Council in Regulation (EEC)n°530/74 from 4 March 1974 on the supply of butter-
 oil as food aid decided to make3-000 tonnes of butteroil     available to the
 Islamic Republic of Pakistan .
HAS DECIDED
                                     Article   1
An Agreement between the European Economic Community and the
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 pereons empowered to
sign the Agreement and to confer on them the powers required in order to bind the
Community .
Done at Brussels ,
                                                          For the Council
                                                           The President
 ---pagebreak---                                              ». *
                                            I
                                          /
         AGREERENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
    AND THE ISLAMIC REPUBLICjOF PAKISTAN
ON THE SUPPLY OP POOD AID IN THE FORI! OF
               BUTTER OI L
 ---pagebreak---   THE COUNCIL OP THE EUROPEAN COMMUNITIES , '
                                              1 oï the one part
                 4
  THE GOVERNMENT OF THE   ISLAMIC REPUBLIC
   OF PAKISTAN                           ■ .    ° * "the other part
  HAVE DECIDED to concluded this Agreement and to this end have
• designated as their, plenipotentiaries :
  THE COUNCIL OF THE EUROPEAN COMMUNITIES :
  THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF PAKISTAN
  WHO HAVE AGREED AS FOLLOWS S
 ---pagebreak---                                  ARTICLE I
  The European Economio Community shall supply by way of gift to the Islamic    . _
 Republic of Pakistan ( hereafter referred to as " the recipient country")
 a quantity Of *J,"000 tonnes of butteroil .
                                *
  The quality and packaging conditions are specified in Annex I which forms an
  integral part of the present Agreement .
                           ♦
                                 ARTICLE II
 Deliveries shall be effected under the arrangements provided in Annex   II which
 forms an integral part of the present Agreement .
                                 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 .
              t                            . .
                                 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 .
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
tinder arrangements which have been agreed in advance between the recipient
country and the European Economio Community.
 ---pagebreak---                                          -3-                                        ί ■ -.;1
                                                                      Κ
                                       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
   rmd 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 .
                                                                               «
                                     ' ARTICIE 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 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 , 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 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 the special account has been fully
          expended s                              ,
          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---                                                                    ». *
                                                                  I
                                                                φ
                                yffîTICIE VIII
The Contracting Parties shall at the request of either consult each other
on any questions concerning the implementation of this Agreement .
                                                                        «
                                                      I
                          \    .ARTICLE IX
This Agreement is drawn up in duplicate in the Danish , Dutch , English , French ,
German and Italian languages , each of these texts having equal force .
 ---pagebreak---                                                                    ANNEX I
                                                                       ». »
                                  BUTTEROIL                           ι
                                                                    ê
I. QUALITY
     (A) Product characteristics :
          Concentrated milk fats 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«95»                 _
          - 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 0P PACKAGING
      a) Metal cans of 20 kg - 1 can per carton.
      b) Marked the . -packaging in English :
          BUTTEROIL
          GIFT OF THE EUROPEAN ECONOMIC COMMUNITY
          TO THE Islamic Republic of Pakistan
 ---pagebreak---                                                                 ANNUX II
                             Generell 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 pat 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 th'e
  .term 6 spe cified i n the following articles * Without prejudice to Articles 7
   and 8 the EEC sha ll bear a ll costs up to_.dell.very and the recipient country
   those beyond such delivery .
                                  Article 2
  The ESC shall appoint an agent to implement the provisions of the present
  Annex- or for each consignment- whose name and 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 EEC 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) on the^iche.dule 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 FIFE.
 ---pagebreak---     The charges and the arrangements relating to demurrage laid down in the
     contract between the recipient country and the carrier must have ^>eeri agreed
     ip advance by the recipient country and the agent of . the ESC *
 . The other costs referred to in the first paragraph shall only be refunded
    "by the EEC if they haw 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 f & new date and a new time-limit
    shall be agreed between the agents of the EEC and o£ 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 t hi s
  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 witti the agent of the EEC the schedule on which delivery shall
  take place .             '
                 y ■
                                                                    */ •
 ---pagebreak---      ;
                                  Artioïe 7
   Should the recipient country he unahle 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.
   I9 this event a new date for the commencement of delivery' and (Lf applicable) a new
   jiohedule ' may • "be 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 he 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
         f
  maycdispose 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, 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 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 reoipient country, the renun­
  ciation shall be deemed to have taken place *
                                                                                       1
                                                                                       Λ
                                  Article 9
  Upon delivery of the g6ods , 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 aocepted and including
  any oomments on the quality of the goods .         .                ~~