CELEX: 51974PC2270
Language: en
Date: 1975-01-09 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an Agreement between the European Economic Community and the Republic of Lebanon 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) 2270
Vol. 1974/0385
 ---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
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(74)2270 final
                                                    Brussels , 9 January 1975
                 RECOMMENDATION FOR A COUNCIL DECISION
             on the conclusion of an Agreement between the
                  European Economic Community and the
      Republic of Lebanon for the supply of "butteroil as food aid
             ( submitted to the Council by the Commission)
 C0M(74) 2270 final
 ---pagebreak---    THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
  Having regard to the Treaty establishing the European Economic Community
  and in particular Articles 113 f 114 and 228 thereof^
'.Having' regard to the proposal from the Commission }
  »
 Whereas the Council in Regulation (EEC ) no . 530/74 of 4.3.1974        °n the
  supply of butteroil as food aid decided to make    250 metric ..tons of
 butteroil available to the Republic of Lebanon.
 HAS DECIDED :
                                Article  1
 An Agreement between the European Economio Community and the Republic' of Lebanon
 for the supply of butteroil as food aid is hereby oonoluded on behalf of
 the European Economic Community. The text of the Agreement is annexed to
 this Deoision .
               •»
                                Article  2
 The 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 Président
 ---pagebreak---           AGREEMECT
BETNEEN THE EUROPEAN ECONOMIC COKiïUNITY
  AND ; THE REPUBLIC OP LEBANON  . . .
ON THE SUPPLY OP FOOD AID IN THE FORM OF
             BUTTEROIL
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES .
                                              of the 0x16 part ,
                                           »■
                                         i ..
THE GOVERNMENT OP . THE REPUBLIC OP LEBANON
                                              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 :                '•
                              H
THE GOVERNMENT OP   THE REPUBLIC OP LEBANON
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                         •         ARTICLE I
                    •                  ......
 The European Economio Community shall supply "by way of gift to the
the Republic of Lebanon t ( hereafter referred to as "the reoipient
 oountry ")> a quantity of 250 metric tons of butteroil .
                                                          • ;
 Til© 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 vhich'
       *
forms an integral part of the present Agreement .-
     •                                                                 » •
                                                 "I
                                  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
tinder Article VIII' of the present Agreement .
               \   •
   *     '                        ARTICLE TV
The recipient country undertakes to use the product received as aid for pur­
poses of consumption and to distribute it free to the refugee population.
 ---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 exxpplies 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
                               .                        i
           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 European Economic Community
  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 distributed ; number and nature of "benefioiaries ; places ,
       ... rates and method of distribution .
                                           ;
 ---pagebreak---                                   ARTICLE VIII
  The Contracting Parties shall at "the request of either consult each other
, on any questions concerning the implementation of this Agreement .
                    ,                                                    «
                          •                                                  }
                                ' AIÎTICIE IX
  This Agreement is drawn up in duplicate m the Danish , Dutch , English , French ,
  German and Italian languages , each of' these texts havityj equal force .
 ---pagebreak---                                                                           ANHEX I
                                    BUTTEROIL '                         '
I-. QUALITY
    1 / \                                     '     •              ' •.
      (A) Product characteristics î
             Concentrated milk fats containing not less than $$*o% of pure fats ;
       %                              •
      (B) Standard composition :
             (Analysis made at time of manufacture and packing) • *•
             - Moisture and n'on-fat milk substance s-not more than 0.2>
             - Pats - not less than
             - Free fatty acids - not more than 0.5$ ( exprossed 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
                                                      i
   \                     .                  •
II. CONDITION OP PACKAGING                                  ' •
     . a) Metal cans of 20 kg - 1 can per carton.
  • b) Marked the , 'packaging in . frenoh :
'            BUTTEROIL                                   '•
             GIFT OF THE EUROPEAN ECONOMIC COMMUNITY
             TO THE REPUBLIC OF LEBANON
           . FOR FREE DISTRIBUTION
 ---pagebreak---                                                                           AMEX 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 and under the
                                                                        I
  . terms specified in the following articles . Without prejudice to Artioles 7 and
  _8_the EEC shall bear all costs up to delivery and the recipient country those
    beyond suoh 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 Bhall make known
    to .the recipient country immediately following his appointment .
   The recipient country shall appoint an agent in the port or ports of shipment
    \ihosQ 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 ■ ■4I.       ' • «
   Should the EEC not be in a position to carry out delivery on the date ,
             ' (**" applicable ) on the schedule as provided in Article 6 , all oosts
   arising fo? the recipient country- for example demurrage void freight and
  dead freight- shall be borne by the EE1
 ---pagebreak---   The charges and the arrangements relating to demurrage laid down in the
                    •                                         *
   contract "between the recipient country and the carrier must have "bee1! 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 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 » 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 thereof .
                           0'bli nations of the rectf.nient country
       '                                                                    *   «
                                      Article 6         '             %
  After contacting the EEC , the recipient country shall- procure one or more vesselo
  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 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.
                                          r
  He shall establish with the agent 'of the EEC the sohedule on whioh delivery
  shall take place .
 ---pagebreak---   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 nev
' schedule    could 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 be 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
  mayc-dispose of the goods without ' prejudice to its commitment under Article 1
  of this Agreement .                                            '
    • t
                               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 .
                                                  i
  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 oosts 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-
 olation shall be deemed to have taken place .
                   0
                         <                                • *        »
                                Article 9
                                K<<
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 aJfid send a copy thereof to the Commission
 of the European Communities .