CELEX: 51974PC1220
Language: en
Date: 1974-07-25 00:00:00
Title: Recommendation for a COUNCIL DECISION on the conclusion of an Agreement between the European Economic Community and Malta 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) 1220
Vol. 1974/0195
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
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p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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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
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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.
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(74)1220 final
                                                      Brussels , 25 July 1974
                             Recommendation for a
                              COUNCIL DECISION'
                on "the conclusion of an Agreement "between the
                 European Economic Community and Malta for
                the supply of "butteroil and butter as food aid
                 ( submitted to the Council "by the Commission)
COK(74) 1220 final
 ---pagebreak---  THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
 Having regard, to the Treaty establishing the European Economic Community , and in
 particular Articles 11 3 » 114 and. 228 thereof }
Having regard to the Reoommendation from the Commission;
Whereas the Council in Regulation (EEC ) no . 530/74 of 4 March 1974 on "the supply of
milk fats as food aid decided to make 120 metric tons of butteroil and 30 metric tons
of "butter available to .Malta ;                                      '
HAS DECIDED :
                                 i     %
                                     •               •
                                                                    i
                                         Article   1
An Agreement between the European Economic Community and Malta for the sui'V' ."
of butteroil and butter as food aid is hereby, concluded on behalf of
the European Economic Community . The text of the Agreement is annexed to this
Décision .
                                         Article   2
                                                                              ♦
Tne 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 Brussels ,
                                                          For the Council
                                                           The President
 ---pagebreak---             AGREMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
AND MALTA ON THE SUPPLY OF FOOD AID IN
THE FORM OF BUTTER OIL AND BUTTER
 ---pagebreak--- TIE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                           of the one part ,
THE GOVERNlfENT OP MALTA
                                           of -the other part ,
HAVE DECIDED to concluded this Agreement and to this end have
designated as their plenipotentiaries i
THE COUNCIL OP THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OP MALTA s
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                   -2-
                                ARTICIB I
The European Economic Community shall supply by way of gift to
Malta     (hereafter referred to as "the recipient country") a quantity
of 120 metric tons of butteroil and 30 metric tons of "butter .
The quality and packaging conditions are specified in Annex , «I which forms an
integral part of the present Agreement .
                                ARTICLS II
Deliveries shall be effected under the arrangements provided in Annex     II which
forms an integral part of the present Agreement .
                                ARTICLE III
                           l    ■
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
voider 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 .
The proceeds from this sale shall be paid into a special account with the
Treasury 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 Economio 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 vjhich might reasonably "be expected in the absence of such supplies .
                                       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 ;
   ( 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 ."Europe an
   Communities v/ith 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 ;normal 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 :     ■
           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---                                -4-
                               ARTICIS VIII  .
The Contracting Parties shall at the request of either consult each other
on any questions concerning the implementation of this Agreement .
                                                                      «
                               ARTICI E 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
I. QUALTTY
     ( A) Product characteristics :
          Concentrated milk fats containing not less than 99*8$ of pure fats ;
     ( B) Standard conroosition :
           (Analysis made at time of manufacture and packing)
          - Moisture and non-fat railk substance s-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-equivalenVs 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) Marked the packaging in English :
          BUTTEROIL
          GIFT OF THE EUROPEAN ECONOMIC COMMUNITY
          TO MALTA
 ---pagebreak--- BUTTER
I. Pûality                                                                    *
    1 . Unsalted butter                              ••
          a) Milkfat content       ••                     no^. iesB -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$
          t>) Water content                               not more than 16$
          c ) Salt content                                from 0.5$ to 2$
          d) To "be produced out of pasteurized unsoured cream .
        V
II . Pàcl:a<?h'tg
     "a) In 25 kg blocks
      "b) Packaging to "be of resistant materials , designed to ensure protection of
            the "butter throughout    the operations of transport , warehousing and
            distribution .
       c ) Marked on the packaging in English :
            HJTTER              ■•  -
           GIFT OP THE EUROPEAN ECONOMIC COMMUNITY
           TO MALTA
 ---pagebreak---                                                                AM1713X 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 . Without preju­
 dice to Articles 7 and- 8 the EEC shall bear all costs up to delivery and the
 recipient country those beyond such delivery.
                                 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 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 schedule as provided in Article 6 , all costs
     ing for the recipient country- for example demurrage void freight and
dead freight- shall be borne by the EEJ1
 ---pagebreak--- The charges and the arrangements relating to demurrage laid down in the
contract between the reoipient country and the carrier must have been 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
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 ESC to supply all or part of the goods
                                                              ι
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 theroof .
                                                                        \ .
                       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    [
                                                                                   i
dimensions corresponding to the normal capacity of the port of shipment ; these    j,
vessels must be ready for loading on a date falling within the period referred     !
to in Article 3 «                                                                  î
The agent of the recipient country shall inform the agent of the EEC of this
date immediately on learning it , and also that for commencement of delivery,      j
if possible twenty days in advance and in any case ten days before the date        j
for commencement of delivery.                        „                             ,
He shall establish with the agent of the EEC the schedule on which delivery shall j
take place ,           *                                  /                        j
 ---pagebreak---                              Article 7 •                                         .
Should the recipient country be unable to begin loading on the date provided        j
for in Article 6 , paragraph 1 , the agent of the reoipient country shall in-       j
form the agent of the EEC without delay.                                             I
I9. this event a new date for the commencement of delivery and (if applicable) a nev
Schedule shall    ^ agreed between the agents of the EEC and of the recipient        j
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            j
after the date for loading provided for in Article 6 , paragraph 1 , the ESC          !
maysdispose of the goods without prejudice to its commitment under Article 1         j
of this Agreenent .                                                                    j
                                                                                       i
                            Article 8                                                  i
                                1                                                       I
If the quant ity 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      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 .
                              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 .          ~
                                                              ./•