CELEX: 51975PC0148
Language: en
Date: 1975-04-10 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an Agreement between the Malagasy Republic on the supply of food aid in the form of cereals (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 148
Vol. 1975/0051
 ---pagebreak--- Disclaimer
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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
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak---       COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(75)148 final.
                                                        Brussels . 10 April 1975
                          RECOMMENDATION FOR A COUNCIL DECISION
                     on th« conclusion of an Agreement between the
                       Malagasy Republic on the supply of food aid
                                 in the form of cereals
                     ( submitted to the Council by the Commission)
                                                         V
COM(75 ) 148 final .           t
 ---pagebreak---  THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the i'reaty establishing the European Economio Community ,
and in particular Articles 113 , 114 and 228 thereof ;
Having regard to the Recommendation from the Commission )
Whereas the European 'Economic Community has • oonoluded the seoond Convention
 releting to food aid ( l )
Whereas the       Malagasy Republic
has requested food aid )
Whereas in view of the cereal supply situation in the Malagasy Republic
that country     should be accorded , by way of gift ,   4«000 tonnes of cereals
dn the form of 2.6/1 9 tonncra of flour of soft wheat omtsr the 'Jdmmunity Pood*
Aid Program for 1971/72 .
DECIDES :
                                        Article 1
On behalf of the European Economic Community an Agreement , the text whereof
is annexed hereto , shall be concluded between the European Economic Community
and the      Malagasy Republic                 for the supply of flour of soft wheat
as food aid .
                                        Article 2
The President of the Counoil is hereby authorized to designate those who
are to sign the Agreement and to confer on them the requisite powers to bind
the (Jommunity .
Done at Brussels ,                       19 **»««             For the Council
                                                               The Président
                              »
   ( 1 ) O.J. L 219 of 9 . P. 1974 p JÔ
 ---pagebreak---              AGREEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
AM) THE MALAGASY REPUBLIC OK THE SUPPLY
OF FOOD AID IN THE FORM OF CEREALS.
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES .
                                                    on the one hand ,
THE GOVERNMENT OP THE   MALAGASY REPUBLIC
                                                    on "the other hand ,
                    t           '
HAVE DECIDED to conclude this Agreement and to this end have designated
as their plenipotenti arics :             .   ■>
THE COUNCIL OP THE EUROPEAN COMMUNITIES t
THE GOVERNMENT OP THE   MALAGASY REPUBLIC
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                   ARTICLE I
 As a part of its Food Aid Programme (Cereals ) for 1971- /7 2, the European
 Economic Community shall supply, by way of gift , the     Malagasy
 Republic      , hereinafter referred to as the "recipient country ", with
 4.000 tonnes of soft wheat in the form of 2.649 tonnes of flour of soft wheat .
                      0                                    .     elh'j r h.i.rul .
                                  ARTICLE II
Deliveries will be made in new polyester sacks lined with kraft paper , with three
pleats , having a net capacity of 50 kg each, fob Community ports .
                                  ARTICLE III
 The obligations and responsibilities of the European Economio Community and
of the recipient oountry relating to delivery and the taking of delivery
 are defined in the -Annex , which forms an. integral part of this Agreement .
                                  ARTICLE IV
The recipient country undertakes to males all necessary arrangements for the
transport and insurance of the product from ports of shipment to places of
destination .
It untertakes to exercise the greatest possible care to ensure that the
tendering arrangements for the transport by sea are not prejudicial to the
free play of fair competition . Any problems arising in this connection shall
be the subject of consultations under Article IX of the present Agreement .
                                   ARTICLE V
The recipient country undertakes to use the product received as aid for pur-
pqses 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 .
 ---pagebreak---                                            - 2 -
The proceeds from this sale , less the cost of sea transport , insurance and the                 |!
normal cost of selling the product on the recipient country 's market , will                     |
                                                                             ' .       ;   -
be paid into a special account with the Malagasy Treasury and allocated to the
 financing of one or mors development. ,nch«*mes which have already been proposed by
 the recipient country and approved by the Tftiropean Economic Community.                .   i
                          *
                                       ARTICLE VI                                              •
      '                           *
The Contracting Parties undertake to implement this Agreement in such a way as
to avoid any prejudice to the normal structure of domestic production and inter­
national trade . To this end they shall take any measures required to ensure that
aid supplies are in addition to , and do not replace , business transactions which
might reasonably be expected in the absence of such supplies . In particular ,
the recipient country undertakes to import commercially from whatever source
between 1 July 1974                 30 June 1975      a minimum quantity of 30. OOOtonnes!
        of soft   wheat or its equivalent of flour of     soft, wheat .
                                       ARTICLE VII
The recipient country shall take any measures required to prevent *
(i )     The re-export of the product received as aid and of products and
         by-products resulting from such supplies ;
( ii ) 'The export , commercially or otherwise ,within six months of the last
         delivery , either of the flour of so'Pt ™h«»o+ obtained locally P *"*   ♦ '■• P
          same nature p.b    ■nr^^«c+ received an                 '
   *
                      9
                                       ARTICLE VIII
The recipient coimtry undert^k^R to inform the European Economic Community how
this Agreement is being implemented . To this end it shall provide the Commission
of the European Communi ties with the following information :
 ---pagebreak---  (i )   Not later than thirty days after the unloading of each cargo :
         ports and dates of arrival of the vessel j nature , quantity and
        quality of ths products unloaded ; date on which unloading was
        completed :
                                                  r
(ii )   Every three' months until the quantities received as aid have been
        fully useds quantities sold , how they have been sold , selling pricesj
        normal selling costs on the recipient country 's market ;
( iii ) On 15 January every year until the speoial account has been fully
        used :
         ( a ) State of this account ( incomings and outgoings ) on 31 December
               of the preceding .vearj .
        (b ) Progress achieved in the project or projects , with an indication
               of the total amount of finanoing undertaken at that stage .
                                 ARTICLE IX
At the request of either of them , the Contracting Parties shall consult each
other on any questions concerning the implementation of this Agreement .
                                 ARTICLE X
This Agreement is drawn up in duplicate in the Danish , Dutch , Ehglish , French ,
German and Italian languages , eaoh of these texts being equally authentic .
 ---pagebreak---                         ATOTEX TO ARTICLE III OF THE AGREMENT
                                      Article 1
 Delivery shall be effected and risks shall pass from the European Economic
 Community to the recipient country at .the moment at -which the goods have
 been placed in the ship 's hold at the port of shipment .
 The recipient country shall bear all costs subsequent to delivery of the goods ,
 including costs of stowage and , where appropriate , of trimming and bagging.
 Any demurrage costs or dispatch at the port of shipment shall be a charge on
 or for the benefit of the European Economic Community and shall be determined
before the vessel sails . The rates and detailed arrangements relating thereto
 laid down in the contract between the recipient country and the oarrier must
have been agreed upon in advance by the recipient country and the authorized
agent of the European Economic Community referred to in Article 9 *
                                      Article 2
The European Economic Community shall notify the recipient country in good
time of the port or ports of shipment , the quantities to be delivered at each
port , the period within which loading must begin , and the daily loading rate .
                                      Article 3
The European Economic Community must be prepared to load the goods on the date
resulting from the instructions in Article 8 , whereon the vessel should be
ready for loading.
                                      Article 4
On delivery of the goods , a loterance of 5*% less than the quantity to be
supplied in accordance with Article 1 of the Agreement is permitted .
 ---pagebreak---                                 Article 5                                           I
              •                                                                     I
 Once the goods are on board the vessel , the European Economio Community shall
                                                                                 • .1
notify the recipient country of the date of loading, and the quantity and            j
 quality of the goods as recorded on loading.           '
                     '          Article 6
 The recipient country shall supply the European Economic Community , within the       !
 period referred to in Article 2 , with a vessel of dimensions corresponding to
 the normal loading potential of the port of shipment .
 Should it prove impossible for the vessel to begin loading within the period
referred to in Article 2 and should the recipient country not have notified
the European Economic Community of this fact in writing at the latest by the
date on which the vessel should be ready for loading in accordance with Article 8 ,
the goods shall be at the disposal of the European Economio Community.              .|
Whatever the circumstances , the goods shall be held at the expense , risk and
peril of the recipient country .
                                Article 7
Should the recipient country fail to provide a vessel of suitable tonnage or
if the quantity made available for loading on a vessel of suitable tonnage
cannot be put on board in its entirety because of circumstances beyond the
control of the European Economic Community , the balance shall be loaded onto
the next vessel under the conditions laid down in this annex .
In this event , until the date of loading of this balance or until the recipient
country gives notice in writing that it gives up this balance*, the goods shall
be* hold at the expense , risk and peril of the recipient country .
                                          *
The recipient country must notify the European Economic Community within a
                  /                                         •
period of a maximum of 30 days from the beginning of loading of the shipment
to which these goods should have belonged, of the date on which loading of
this balance is due to begin or of its renunoiation of this balance .
 ---pagebreak---  l"f this obligation is not respected , the European Economio Community may
 consider that it has discharged its commitment to the reoipient country tinder
Article 1 of the Agreement .
                              Article 8
                     *
The recipient country shall name for the European Economio Community the
vessel that is to ship the goods at least 10 olear days prior to the estimated
date of arrival of the vessel in part or , where possible , 20 clear days prior
to this date , and shall at the same time indicate how soon after that date
the vessel will be ready for loading.
The recipient country shall insert in the charter party a clause requiring
the captain to inform the European Economic Community at least 12 hours in
advance of the vessel 's estimated date of arrival in port .
                              Article 9
To implement the provisions of this Annex , the European Economio Community
shall appoint an authorized agent , whose name and address shall be made known
in good time to the recipient country .                      .
The recipient country shall nominate a receiving agent in eaich port of ship­
ment , whose name and address shall be made known to the European Economic
Community before the Agreement is implemented .