CELEX: 21973A1218(03)
Language: en
Date: 1973-12-17 00:00:00
Title: Agreement between the European Economic Community and the Malagasy Republic on the supply of flour of common wheat as food aid

25 . 2 . 74                          Official Journal of the European Communities                         No L 53 / 19
                                                     AGREEMENT
              between the European Economic Community and the Malagasy Republic on the supply
                                         of flour of common wheat as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE GOVERNMENT OF THE MALAGASY REPUBLIC ,
              ot 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 THE MALAGASY REPUBLIC :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                              of the product from ports of discharge to places of
                                                                destination .
As part of its Food Aid Programme ( Cereals) for
1972/73 , the European Economic Community , here­                                      Article V
inafter referred to as the 'Community', shall supply
the Malagasy Republic, hereinafter referred to as
the 'recipient country', by way of gift, with 5 000             The recipient country undertakes to use the product
metric tons of common wheat in the form of 3 311                received as aid for purposes of consumption and to
metric tons of flour of common wheat .                          apply, for the sale of the product on its market, the
                                                                prices normally charged on that market for
                                                                products of comparable quality.
                         Article II
Deliveries will be made cif to ports of discharge of            The proceeds from this sale, less the normal cost of
the recipient country in polyester bags lined with              selling the product on the recipient country's
Kraft paper with four pleats .                                  market, shall be paid into a special account at the
                                                                Treasury of that country and allocated to the
                         Article III                            financing of one or more development schemes
                                                                proposed by the recipient country and approved by
The obligations and responsibilities of the Commu­              the Community .
nity and of the recipient country relating in parti­
cular to delivery and the taking of delivery respec­                                   Article VI
tively are defined in the Annex, which forms an inte­
gral part of this Agreement.                                    The Contracting Parties undertake to implement
                                                                this Agreement in such a way as to avoid any preju­
                         Article IV                             dice to the normal structure of domestic production
                                                                and international trade. To this end they shall take
The recipient country undertakes to make all neces­             any measures required to ensure that aid supplies
sary arrangements for the transport and insurance               are in addition to, and do not replace, commercial
 ---pagebreak--- No L 53 /20                           Official Journal of the European Communities                                  25 . 2 . 74
transactions which might reasonably be expected in                      vessel ; nature quantity and quality of the
the absence of such supplies.                                           products unloaded ; date on which unloading
                                                                        was completed ;
In particular, the recipient country undertakes to
import commercially from whatever source between                    2 . every three months until the quantities received
1 July 1973 and 30 June 1974 a minimum quantity                         as aid have been fully used : quantities sold, how
of 28 000 metric tons of cereals .                                      they have been sold, selling prices ; normal
                                                                        selling costs on the recipient country's market ;
                          Article Vll
                                                                    3 . on     15 January every year until the special
The recipient country shall take all appropriate                         account has been fully used :
measures to prevent :                                                   ( a ) state of this account ( deposits and with­
— the re-export of the product received as aid and                            drawals ) on 31 December of the preceding
     of products and by-products resulting from such                          year ;
     supplies ;
                                                                        ( b) progress achieved in the project or projects,
— the export, commercially or otherwise, within                               with an indication of the total amount of
     six months of the last delivery, of the flour of                         financing carried out at that stage.
     common wheat obtained locally and of the same
     nature as the product received as aid .                                                  Article IX
                          Article VIII                              At the request of either of them, the Contracting
                                                                     Parties shall consult each other on any questions
The recipient country undertakes to inform the
                                                                     concerning the implementation of this Agreement.
 Community of the mode of implementation of this
Agreement. To this end it shall provide the Commis­
                                                                                              Article X
 sion of the European Communities with the
 following information :
                                                                    This Agreement is drawn up in two copies in the
 1 . not later than 30 days after the unloading of                   Danish, Dutch, English, French, German and Italian
     each cargo : port and date of arrival of the                    languages, each of these texts being authentic.
                                                            ANNEX
                                       Provisions laid down in Article III of the Agreement
                                                            Article 1
                Delivery shall be effected and all risk shall pass from the Community to the recipient
                country at the moment at which the goods are actually taken in charge in the ship 's hold
                at the port of discharge.
                The recipient country shall pay all costs subsequent to delivery of the goods, including the
                costs of unloading ( breaking bulk, hoisting, taking delivery, for example) as well as any
                lighterage costs.
                Any demurrage or dispatch money at the port of discharge shall be borne by or paid to           the
                recipient country of destination . The rates and conditions of payment laid down in             the
                contract between the authorized agent of the Community referred to in Article 5 and             the
                carrier must have been agreed in advance between that agent and the receiving agent of          the
                recipient country referred to in Article 5.
                                                             Article 2
                The Community shall forward to the recipient country, as soon as possible after the goods
                have been shipped, a notice accompanied by the necessary 'customs clearance' documents
 ---pagebreak--- 25 . 2 . 74                         Official Journal of the European Communities                            No L 53 /21
            giving the name of the ship, the date of loading, the quantity and quality of the goods as
            recorded on loading, the port of destination and the probable date of discharge.
                                                          Article 3
            The Community shall inform the recipient country of the ship's estimated date of arrival
            at the port of discharge at least 10 clear days before that date.
            It shall have inserted in the charter party an undertaking by the captain to give the recipient
            country at least 72 hours' notice of the probable date of the ship's arrival in the port of
            discharge.
                                                          Article 4
            On delivery of the goods, a tolerance of 5 °/o less than the quantity laid down under Article I
            of the Agreement shall be permitted .
                                                           Article 5
            To implement the provisions of this Annex, the Community shall appoint an authorized
            destination .
            The recipient country shall appoint a receiving agent hi each port of discharge, whose name
            oud address it shall make known to the Community before the Agreement is implemented .
            Information on the signing of the Agreement between the European Economic
                          Community and the Malagasy Republic on the supply of food aid
            The Agreement between the European Economic Community and Madagascar on the
            supply of flour of common wheat as food aid, which the Council decided to conclude
            on 17 December 1973, was signed in Brussels on 18 December 1973 , by
            Mr Niels Ersboll, 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, on behalf of the Council of the European
            Communities, and by
            Mr Jules Razafimbahiny, Ambassador, Representative of the Government of Mada­
            gascar to the European Communities on behalf of the Government of Madagascar.