CELEX: 
Language: en
Date: 1975-04-01 00:00:00
Title: Council Decision of 17 February 1975 on the conclusion of the Agreement between the European Economic Community and the Arab Republic of Egypt on the supply of butteroil as food aid #Agreement between the European Economic Community and the Arab Republic of Egypt on the supply of butteroil as food aid

1 . 4 . 75                      Official Journal of the European Communities                        No L 81 / 1
                                                         II
                                    (Acts ivhose publication is not obligatory)
                                                COUNCIL
                                             COUNCIL DECISION
                                               of 17 February 1975
           on the conclusion of the Agreement between the European Economic Commu­
             nity and the Arab Republic of Egypt on the supply of butteroil as food aid
                                                   (75/ 188 / EEC)
           THE COUNCIL OF THE EUROPEAN COMMUNITIES,
           Having regard to the Treaty establishing the European Economic Community, and in
           particular Articles 113 , 114 and 228 thereof ;
           Having regard to the recommendation from the Commission ;
           Whereas by Regulation (EEC) No 530/74, the Council has decided to make 1 000 metric
           tons of butteroil available to the Arab Republic of Egypt,
           HAS DECIDED AS FOLLOWS :
                                                     Article 1
           The Agreement between the European Economic Community and the Arab Republic of
           Egypt on the supply of butteroil as food aid is hereby concluded on behalf of the Commu­
           nity.
           The text of the Agreement is annexed to this Decision .
                                                     Article 2
           The President of the Council is hereby authorized to designate the persons empowered to
           sign the Agreement, and to confer on them the powers necessary to bind the Community .
           Done at Brussels, 17 February 1975.
                                                                        For the Council
                                                                         The President
                                                                           R. RYAN
 ---documentbreak--- No L 81 /2                           Official Journal of the European Communities                              1 . 4 . 75
                                                     AGREEMENT
              between the European Economic Community and the Arab Republic of Egypt
                                        on the supply of butteroil as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE GOVERNMENT OF THE ARAB REPUBLIC OF EGYPT,
              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 ARAB REPUBLIC OF EGYPT :
              WHO HAVE AGREED AS FOLLOWS :
                          Article I                                                    Article IV
The European Economic Community, hereinafter                   The country of destination undertakes to use the
referred to as the ' Community', shall supply the Arab          product received as aid for consumption and to distri­
Republic of Egypt, hereinafter referred to as the               bute it free of charge to needy sections of the popula­
'country of destination', by way of gift, with 1 000            tion .
metric tons of butteroil , of which the quality and pack­
aging requirements are specified in Annex I, which
forms an integral part of this Agreement.                                               Article V
                                                                The Contracting Parties undertake to implement this
                         Article II                             Agreement in such a way as to avoid any prejudice to
                                                                the normal structure of domestic production and inter­
Deliveries will be made in accordance with the                  national trade . To this end , they shall take any
detailed rules set out in Annex II which forms an in­           measures required to ensure that aid supplies are in
tegral part of this Agreement .                                 addition to, and do not replace, commercial trans­
                                                                actions which might reasonably be expected in the
                                                                absence of such supplies.
                         Article III
The country of destination undertakes to make all                                      Article VI
necessary arrangements for the transport and insur­
ance of the product from point of delivery to places of         The country of destination shall take all appropriate
destination .                                                   measures to prevent :
It undertakes to exercise the greatest possible care to         — the re-export of the product received as aid and of
ensure that the tendering arrangements for the trans­               products derived from it ;
port by sea shall not be prejudicial to the free play of        — the export, commercially or otherwise, within six
fair competition . Any problems arising in this connec­             months from the date of the last delivery, both of
tion shall be the subject of consultations under Article            local produce of the same kind as that received as
VIII .                                                              aid or of processed products derived from it .
 ---pagebreak--- 1 . 4. 75'                              Official Journal of the European Communities                                No L 81 / 3
                         Article VII                                   number and nature of the beneficiaries ; places,
                                                                       rate and method of distribution .
The country of destination undertakes to inform the
Community of the manner in which this Agreement
is performed . To this end, it shall communicate the                                        Article VIII
following information to the Commission of the Euro­
pean Communities :                                                 At the request of either of them , the Contracting
                                                                    Parties shall consult each other on any questions
1 . immediately after the discharge of each cargo : port           concerning the implementation of this Agreement.
    and date of arrival of vessel ; nature and quantity of
    the product discharged and any observations as to
                                                                                             Article IX
    the quality ; date on which discharge was
    completed ;
                                                                   This Agreement 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 distributed ;             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 one unit (in milliequivalents of active oxygen per kg) ;
                       — taste : pure ;
                       — smell : absence of smell extraneous to butteroil .
              II . Conditions of packaging
                   (a) Metal cans of 20 kg — one can per carton .
                   (b) Marking on the packaging (in English) :
                       BUTTEROIL / GIFT OF THE EUROPEAN ECONOMIC COMMUNITY TO THE ARAB
                       REPUBLIC OF EGYPT / FOR FREE DISTRIBUTION .
 ---pagebreak--- No L 81 /4                             Official Journal of the European Communities                                     1 . 4 . 75
                                                             ANNEX II
                                      DELIVERY AND ACCEPTANCE PROCEDURES
                         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 of all the goods or of the undelivered part thereof.
Delivery shall be effected and all risk shall pass from the
Community to the country of destination at the moment at
which the goods are put down at the point of exportation
named by the Commission of the European Communities at                                      CHAPTER III
the berth specified by the country of destination or its agent
referred to in Article 2 and under the terms specified in this
Annex. Without prejudice to Articles 7 and 8 the Commu­                     Obligations of the country of destination
nity shall bear all costs prior to delivery and the country of
destination all costs 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 clear
of the Community.                                                  days in advance and in any case 10 clear 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
                                                                    dule . Save in cases of force majeure, the costs arising from
                            Article 4                               the delay in loading shall be borne by the country of destina­
                                                                    tion .
 Where the Community is not in a position to carry out
 delivery on the date, and if applicable, according to the sche­    Should the new date provided for in the second paragraph be
 dule laid down in Article 6, all costs arising for the country     more than 30 clear days after the date for loading provided
 of destination — for example, demurrage, void freight and          for in the first paragraph of Article 6, the Community may
 dead freight — shall be borne by the Community .                   dispose of the goods without prejudice to its commitment
                                                                    under Article I of this Agreement .
 The charges and the arrangements relating to demurrage laid
 down in the contract concluded between the country of desti­
 nation and the carrier must have previously been agreed by                                    Article 8
 the country of destination and the agent of the Community.
                                                                    Where the quantity intended for loading on a vessel cannot
 The other costs referred to in the first paragraph shall be        be loaded on board in its entirety, the country of destination
  refunded by the Community only if they have been paid by          shall inform the Community as soon as possible, and no
 the country of destination with the approval of the Commu­         later than 15 clear days after loading has been completed ,
  nity .                                                            whether it intends to accept or to renounce the balance .
 ---pagebreak---   . 4 . 75                           Official Journal of the European Communities                                   No L 81 / 5
In the former case the second and third paragraphs of Article                              Article 9
7 shall apply to the balance, if delivery has not yet taken
place.
In the latter case the Community may consider that it has
discharged its commitment to the country of destination         Upon delivery of the goods, the country of destination shall
under Article I of this Agreement and shall bear the costs      hand over to the authorized agent of the Community a certifi­
resulting from renunciation .                                   cate of acceptance which shall set out the port of shipment,
                                                                date of acceptance and the nature and quantity of the goods
In any event, after an interval of 15 clear days and in the     accepted, together with any comments on the quality of the
absence of any notice on the part of the country of destina­    goods . A copy of the certificate shall be sent to the Commis­
tion, renunciation shall be deemed to have taken place.         sion of the European Communities.
               Information on the signing of the Agreement between the European Economic
                   Community and the Arab Republic of Egypt on the supply of food aid
               The Agreement between the European Economic Community and Egypt on the supply
               of butteroil as food aid, which the Council decided to conclude on 17 February 1975, was
               signed in Brussels on 20 February 1975, on behalf of the Council of the European
               Communities by :
               Mr Brendan Dillon , Ambassador Extraordinary and Plenipotentiary, Chairman of the
               Permanent Representatives Committee, and
               Mr Hans-Broder Krohn , Director-General for Development and Cooperation at the
               Commission of the European Communities,
               and on behalf of the Government of the Arab Republic of Egypt by :
               Mr Mohamed Kamal Eldin Khalil , Ambassador Extraordinary and Plenipotentiary, Head
               of the Egyptian Mission to the European Economic Community.
 ---documentbreak--- NA ---documentbreak---   . 4 . 75                           Official Journal of the European Communities                                   No L 81 / 5
In the former case the second and third paragraphs of Article                              Article 9
7 shall apply to the balance, if delivery has not yet taken
place.
In the latter case the Community may consider that it has
discharged its commitment to the country of destination         Upon delivery of the goods, the country of destination shall
under Article I of this Agreement and shall bear the costs      hand over to the authorized agent of the Community a certifi­
resulting from renunciation .                                   cate of acceptance which shall set out the port of shipment,
                                                                date of acceptance and the nature and quantity of the goods
In any event, after an interval of 15 clear days and in the     accepted, together with any comments on the quality of the
absence of any notice on the part of the country of destina­    goods . A copy of the certificate shall be sent to the Commis­
tion, renunciation shall be deemed to have taken place.         sion of the European Communities.
               Information on the signing of the Agreement between the European Economic
                   Community and the Arab Republic of Egypt on the supply of food aid
               The Agreement between the European Economic Community and Egypt on the supply
               of butteroil as food aid, which the Council decided to conclude on 17 February 1975, was
               signed in Brussels on 20 February 1975, on behalf of the Council of the European
               Communities by :
               Mr Brendan Dillon , Ambassador Extraordinary and Plenipotentiary, Chairman of the
               Permanent Representatives Committee, and
               Mr Hans-Broder Krohn , Director-General for Development and Cooperation at the
               Commission of the European Communities,
               and on behalf of the Government of the Arab Republic of Egypt by :
               Mr Mohamed Kamal Eldin Khalil , Ambassador Extraordinary and Plenipotentiary, Head
               of the Egyptian Mission to the European Economic Community.