CELEX: 51974PC1449
Language: en
Date: 1974-09-16 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an Agreement between the European Economic Community and the Republic of Peru 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) 1449
Vol. 1974/0234
 ---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
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(74 ) 1449 final
                                                       Brussels , 16 September 1974
                            RECOMMENDATION FOR A
                              COUNCIL DECISION
              on the conclusion of an Agreement "between the
           European Economic   Community and. the Republic of Peru
                  for the supply of butteroil as food aid.
               ( submitted to the Council by the Commission)
COM(74 ) 1449 final
 ---pagebreak--- THE COUNCIL OF TILE EUROPEAN COKMUIIITIESi
Having regard to the Treaty establishing the European Economic Community , and in
particular Articles 113 , 114 and 226 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 butteroil as food aid decided to make 700 tonnes of butteroil available to the
Republic of Peru .
HAS DECIDED :
                                      Article   1
An Agreement betv/een the European Economic Community and the Republic of Peru
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 .
                                      Articl G
The President of the Council is authorised to designate the persons empov;ercd 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 Président
 ---pagebreak---                        ?
           AGR^raiIT
E3TVJEE1T TJîE EUR0E3AN ECONOKIC COin'UNITY
     AND THE REPUBLIC 0?    PERU
ON THE . SUPPLY OP POOD AID IN TIBS FOI&I OP
     . _  BUTTEROIL .
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                            of the 011e part ,
          t                                     .
THE GOVERNMENT OP TH3 REPUBLIC OP PERU
                                            01 -the other P^-t »
HAVE DECIDED to concluded "this Agreement and to this end have
designated as their plenipotentiaries {
T11E COUKCIL OP THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OP THE REPUBLIC OP   PERU !
WKO HAVE AGREED AS FOLLOV/S î
 ---pagebreak---                                  -2-
                                \
                                  \
                                    \
                                ARTÏCITD I
Tho European Economic Community shall supply by way of gift to the Republic
of Peru (hereafter referred, to as "the recipient country") a quantity of
700' tonnes of butteroil .
The'quality and packaging conditions are specified in Annex I which forms an
integral part of the present Agreement .
                                AJîTICIS II
Deliveries shall be effected under the arrangements provided in Annas   II v.viicn
forms foi integral nart of the present Agreement .
                                /J7TIC LTii XII
The recipient country undertakes to make all necessary arrangements for tne
transport and insurance of the products from point of delivery to places of
destination .                                                                      ;
It undertakes to exorcise 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 ao 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
under arrangements which have been agreed in advance between the recipient
country and the European Economic Community.
 ---pagebreak---                                          -3 -^
                                      JIHTIC IJFÎ V
  The Contracting Parties undertake to implement this Agreement m 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 *
                                      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 .
           . 1
                                      /iHTICDC 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 i 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 ;
           . I
         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 factual 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 :
          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-
                               \
                                 \
                                ARTICLE VIII
The Contracting Parties shall at the request of either consult each other
on any questions concerning the implementation of this Agreement .
                                AÏÏTICI.E IX            .
This Agreement is drawn up in duplicate in the Danish ^ Dutch , English , Frcncn ,
German , Italian and Spanish languages t each of these texts having equal force »
 ---pagebreak---                                                                      AIDïEX I
                                       FJTTSnOIL
I. QUALITY
    (A ) Product oh riraet e ri s t i c s i
           Concentratod milk fat."3 containing not less than 99*8$ of pure fats ;
    ( B) ' Str.ndnrd composition :
           ( Analysis made at time of manufacture and packing)
           - Moisture and non-fat milk 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-equivalents of
                active oxygon per kg )
                Taote - pure
           ~ Smell - absence of smell extraneous to butteroil
            • i
II . COITDTTIOJJS OF PACOGIïïG
      a) Metal cans of 20 kg - 1 can per carton .
      b) Marked the packaging in Spanish :
           RIT'TEROIL
        . GIFT OF TII3 EUROPEAIT ECONOMIC COIIilUinTY
           TO THE REPUBLIC OF PERU
                                                               *
                                                         •/•
 ---pagebreak---                                                               amex il
                           .   \
                           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 Hie
 terms specified in the following articles . Without prejudice to Article 7
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 namo and address it shall make taiov.ii to the EEC \iith all despatch arid
if possible before the appointment of agent of the EEC .
                                Article. 3
Before implementing the procedures for appointing the agent of the EaC
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
arising for the recipient country- for example demurrage void freight and
dead freight– shall be borne by the
 ---pagebreak---  •The charges and the arrangements relating to demurrage laid down in the
 contract between the recipient 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 tlie EEC to supply all or part of the goods
on the date and within the time-limits provided for in Article 6 nr.d without
prejudice to the provisions of Article 4 » a ne\# date and a new time-limit
shall be agreed between the agents of the ESQ 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 mors VCDS
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 ; those
vessels must be ready for loading on a date falling within the period referred
to in Article 3 »
The agbnt 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 eh <
take place .
 ---pagebreak---                                              t
                              Article 7
Should the recipient country "be 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 r.e
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 borno 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 .
        1                    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 ESC 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 3f shall
apply to tho 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 an^ 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 and send a copy thereof to the
Commission of the European Communities .