CELEX: 
Language: en
Date: 1974-11-18 00:00:00
Title: Council Decision of 2 October 1974 on the conclusion of an Agreement between the European Economic Community and Malta on the supply of butteroil and butter as food aid #Agreement between the European Economic Community and Malta on the supply of butteroil and butter as food aid

No L 307/ 14                       Official Journal of the European Communities                   18 . 11.74
                                                  COUNCIL DECISION
                                                    of 2 October 1974
             on the conclusion of an Agreement between the European Economic Community and
                              Malta on the supply of butteroil and butter as food aid
                                                       (74/559/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 decided to make 120 metric
             tons of butteroil and 36"6 metric tons of butter available to Malta,
             HAS DECIDED AS FOLLOWS :
                                                         Article 1
             The Agreement between the European Economic Community and Malta on the supply
             of butteroil and butter as food aid, the text of which is annexed hereto, is hereby
             concluded on behalf of the Community.
                                                         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 Luxembourg, 2 October 1974.
                                                                           For the Council
                                                                            The President
                                                                          Christian BONNET
             (!) OJ No L 65 , 7. 3 . 1974, p. 1 .
 ---documentbreak---  18 . 11 . 74                       Official Journal of the European Communities                         No L 307/ 15
                                                     AGREEMENT
              between the European Economic Community and Malta on the supply of butteroil and
                                                   butter as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE GOVERNMENT OF MALTA,
              of the other part,
              HAVE DECIDED to conclude this Agreement, and to this end have designated as their
              Plenipotentiaries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              THE GOVERNMENT OF MALTA,
              WHO HAVE AGREED AS FOLLOWS :
                         Article 1                              consumption and to apply, for the sale of the
                                                               products on its market, the prices normally charged
The European Economic Community, hereinafter                    on that market for products of comparable quality.
referred to as the ' Community', shall supply as a
gift to Malta, hereinafter referred to as the 'country          The proceeds from this sale shall be paid into a
of destination', 120 metric tons of butteroil and               special account at the Treasury of that country and
3 6'6 metric tons of butter of the quality and with             allocated to the financing of one or more
the packaging specified in Annex I, which forms an              development schemes in accordance with the
integral part of this Agreement.                               procedure to be agreed between the recipient country
                                                                and the Community.
                         Article II
Deliveries shall be made in accordance with the                                        Article V
arrangements set out in Annex II which forms an
integral part of this Agreement.                                The Contracting Parties undertake to implement this
                                                               Agreement in such a way as to avoid any prejudice
                        Article III                            to the normal structure of domestic production and
                                                                international trade. To this end, they shall take any
The country of destination undertakes to make all               measures required to ensure that aid supplies are in
the necessary arrangements for the transport and                addition to, and do not replace, commercial
insurance of the delivered products from the point of          transactions which might reasonably be expected in
delivery to their places of destination.                       the absence of such supplies.
It undertakes to exercise the greatest care to ensure
that the tendering arrangements for sea transport do                                   Article VI
not prejudice the free play of competition. Any
problems arising in this connection shall be the               The country of destination shall take all appropriate
subject of consultations under Article VIII of this            measures to prevent :
Agreement.
                                                               — the re-export of the products received as aid and
                        Article IV                                  of products derived from them ;
The country of destination undertakes to use the               — the export, commercially or otherwise, within six
products received as aid for purposes of                            months from the date of the last delivery, either
 ---pagebreak--- No L 307/ 16                          Official Journal of the European Communities                             18 . 11.74
    of: products obtained locally of the same kind as                costs from the port of discharge to the places of
    those received as aid or of any products derived                 destination.
    from them .
                                                                 3 . on 15 January every year until the special
                                                                     account has been fully used :
                         Article VII
                                                                     ( a) state of this account ( deposits and with­
The country of destination undertakes to inform the                       drawals ) on 31 December of the preceding
Community of the circumstances surrounding the                            year ;
implementation of this Agreement. For this purpose,
it shall provide the Commission of the European                      (b) progress achieved in the project or projects,
Communities with the following details :                                  with an indication of the total amount of
                                                                          financing carried out at that stage.
1 . immediately after the unloading of each cargo :
    port and date of arrival of vessel; nature,                                          Article VIII
    quantity and any observations as to the quality
    of the products unloaded; date on which                      At the request of either of them, the Contracting
    unloading was completed ; costs of sea transport             Parties shall consult each other on any questions
    and of insurance relating thereto ;                          concerning the implementation of this Agreement.
2. every three months until the quantities received                                       Article IX
    as aid have been fully used : quantities sold, how
    they have been sold, selling prices ; normal selling         This Agreement is drawn up in duplicate in the
    costs on the market of the country of destination ;          Danish, Dutch, English, French, German and Italian
    insurance costs and, where appropriate, transport            languages, each of these texts being authentic.
                                                          ANNEX 1
                                                         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 1 unit
                         (in milli equivalents 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) Marking on the packaging (in English):
                      Butteroil — Gift of the European Economic Community to Malta.
 ---pagebreak---  18 . 11.74                           Official Journal of the European Communities                             No L 307/ 17
                                                           BUTTER
                                      QUALITY AND PACKAGING REQUIREMENTS
                I. Quality
                   1.  Unsalted butter
                       (a) Milkfat content: not less than 82 %
                       (b) Water content: not more than 16 %
                       (c) Must be obtained from pasteurized sour cream.
                   2. Salted butter
                       (a) Milkfat content: not less than 8jQ %
                       (b) Water content : not more than 16 %
                       (c) Salt content: from 0-5 % to 2 %
                       (d) Must be obtained from pasteurized cream (sweet).
               II. Conditions of packaging
                   (a) In 25 kg blocks
                   (b) Packaging to be of resistant materials, designed to ensure protection of the butter
                       throughout transport, warehousing and distribution
                   (c) Marking on the packaging (in English):
                       Butter — Gift of the European Economic Community to Malta.
                                                          ANNEX 11
                      ARRANGEMENTS REFERRED TO IN ARTICLE II OF THE AGREEMENT
                          CHAPTER I                                                        Article 3
                      General Provisions                         Before implementing the procedure for appointing the
                                                                 agent of the Community referred to in Article 2, the
                                                                 Commission of the European Communities and the
                            Article 1                            country of destination shall establish by joint agreement
                                                                 the period during which delivery must begin.
Delivery shall be effected and all risk shall pass from the
Community to the country of destination at the moment                                   CHAPTER II
at which the goods are put down at the point of
exportation named by the Commission of the European                            Obligations of the Community
Communities at the berth specified by the country of
destination or its agent referred to in Article 2 and under                                Article 4
the terms specified in this Annex. Without prejudice to          Where the Community is not in a position to carry out
 Articles 7 and 8 the Community shall bear all costs prior       delivery on the date, and, if applicable, according to the
to delivery and the country of destination those after           schedule laid down in Article 6, all costs arising for the
delivery.                                                        country of destination — in particular demurrage void
                                                                 freight and dead freight — shall be borne by the
                            Article 2
                                                                 Community.
For the purpose of implementing the provisions of this           The charges and the arrangements relating to demurrage
Annex the Community shall appoint — if necessary for             laid down in the contract concluded between the country
each consignment — an agent whose name and address it            of destination and the carrier must have previously been
shall make known to the country of destination                   agreed by the country of destination and the agent of the
immediately following his appointment. For each port of          Community.
shipment the country of destination shall appoint an             The other costs referred to in the first subparagraph shall
agent whose name and address it shall make known to              be refunded by the Comunity only if they have been
the Community with all dispatch and if possible before           paid by the country of destination with the approval of
the appointment of the agent of the Community.                   the Community.
 ---pagebreak--- No L 307/ 18                           Official Journal of the European Communities                               18 . 11 . 74
                            Article 5                            commencement of delivery and, if applicable, a new
                                                                 schedule. The costs arising from the delay in loading
"Where it is impossible for the Community to supply all          shall in all cases except force majeure be borne by the
or part of the goods on the date and within the time             country of destination.
limits provided for in Article 6 the agents of the
Community and of the country of destination may,                 Should the new date provided for in the second
 without prejudice to Article 4, agree on a new date and a       subparagraph be more than 30 clear days after the date
new time limit for the delivery of all the goods or of the       for loading provided for in the first paragraph of Article 6,
undelivered part thereof.                                        the Community may dispose of the goods without
                                                                 prejudice to its commitment under Article I of this
                                                                 Agreement.
                           CHAPTER III
                                                                                           Article 8
         Obligations of the country of destination
                                                                 Where the quantity made available for loading on a
                             Article 6                           vessel cannot be loaded on board in its entirety, the
                                                                 country of destination shall inform the Community as
After contacting the Community, the country of                   soon as possible, and no later than 15 clear days after
destination shall procure to transport all the quantities        loading has been completed, whether it intends to accept
provided for in Article I of the Agreement one or more           or to renounce the balance.
vessels of dimensions corresponding to the normal                In the former case the second and third paragraphs of
capacity of the port of shipment; these vessels must be
                                                                 Article 7 shall apply to the balance, if delivery has not
ready for loading on a date falling within the period
referred to in Article 3 .                                       yet taken place.
                                                                 In the latter case the Community may consider that it has
The agent of the country of destination shall inform the         discharged its commitment to the country of destination
Community of this date and of the date for
commencement of delivery as soon as he knows them, if
                                                                 under Article I of this Agreement and shall bear the cost
                                                                 resulting from renunciation.
possible 20 days in advance and in any case 10 days
before the date for commencement of delivery.                    In any event, after an interval of 15 clear days and in the
                                                                 absence of any notice on the part of the country of
He shall establish with the agent of the Community the           destination, renunciation shall be deemed to have taken
schedule according to which delivery shall take place.
                                                                 place.
                             Article 7
                                                                                           Article 9
Where the country of destination is unable to begin
loading on the date provided for in the first paragraph of       Upon delivery of the goods, the country of destination
Article 6, the agent of the country of destination shall         shall hand over to the agent of the Community a
inform the agent of the Community without delay.                 certificate of acceptance stating the port of shipment,
                                                                 date of acceptance and the nature and quantity of the
In this event the agents of the Community and of the             goods accepted, together with any comments on the
country of destination may agree on a new date for the           quality of the goods.
               Information on the signing of the Agreement between the European Economic
                                      Community and Malta on the supply of food aid
               The Agreement between the European Economic Community and Malta on the supply
               of butteroil and butter as food aid1, 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 European 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 that country by :
               Mr Anthony J. B. Soler, Counsellor, acting Charge d'Affaires with the mission of
               that country to the European Communities.
 ---documentbreak--- NA ---documentbreak--- No L 307/ 18                           Official Journal of the European Communities                               18 . 11 . 74
                            Article 5                            commencement of delivery and, if applicable, a new
                                                                 schedule. The costs arising from the delay in loading
"Where it is impossible for the Community to supply all          shall in all cases except force majeure be borne by the
or part of the goods on the date and within the time             country of destination.
limits provided for in Article 6 the agents of the
Community and of the country of destination may,                 Should the new date provided for in the second
 without prejudice to Article 4, agree on a new date and a       subparagraph be more than 30 clear days after the date
new time limit for the delivery of all the goods or of the       for loading provided for in the first paragraph of Article 6,
undelivered part thereof.                                        the Community may dispose of the goods without
                                                                 prejudice to its commitment under Article I of this
                                                                 Agreement.
                           CHAPTER III
                                                                                           Article 8
         Obligations of the country of destination
                                                                 Where the quantity made available for loading on a
                             Article 6                           vessel cannot be loaded on board in its entirety, the
                                                                 country of destination shall inform the Community as
After contacting the Community, the country of                   soon as possible, and no later than 15 clear days after
destination shall procure to transport all the quantities        loading has been completed, whether it intends to accept
provided for in Article I of the Agreement one or more           or to renounce the balance.
vessels of dimensions corresponding to the normal                In the former case the second and third paragraphs of
capacity of the port of shipment; these vessels must be
                                                                 Article 7 shall apply to the balance, if delivery has not
ready for loading on a date falling within the period
referred to in Article 3 .                                       yet taken place.
                                                                 In the latter case the Community may consider that it has
The agent of the country of destination shall inform the         discharged its commitment to the country of destination
Community of this date and of the date for
commencement of delivery as soon as he knows them, if
                                                                 under Article I of this Agreement and shall bear the cost
                                                                 resulting from renunciation.
possible 20 days in advance and in any case 10 days
before the date for commencement of delivery.                    In any event, after an interval of 15 clear days and in the
                                                                 absence of any notice on the part of the country of
He shall establish with the agent of the Community the           destination, renunciation shall be deemed to have taken
schedule according to which delivery shall take place.
                                                                 place.
                             Article 7
                                                                                           Article 9
Where the country of destination is unable to begin
loading on the date provided for in the first paragraph of       Upon delivery of the goods, the country of destination
Article 6, the agent of the country of destination shall         shall hand over to the agent of the Community a
inform the agent of the Community without delay.                 certificate of acceptance stating the port of shipment,
                                                                 date of acceptance and the nature and quantity of the
In this event the agents of the Community and of the             goods accepted, together with any comments on the
country of destination may agree on a new date for the           quality of the goods.
               Information on the signing of the Agreement between the European Economic
                                      Community and Malta on the supply of food aid
               The Agreement between the European Economic Community and Malta on the supply
               of butteroil and butter as food aid1, 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 European 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 that country by :
               Mr Anthony J. B. Soler, Counsellor, acting Charge d'Affaires with the mission of
               that country to the European Communities.