CELEX: 
Language: en
Date: 1973-12-24 00:00:00
Title: Council Decision of 15 October 1973 concluding the Agreement between the European Economic Community and Malta on the supply of common wheat as food aid #Agreement between the European Economic Community and Malta on the supply of common wheat as food aid

NoL 355/ 18                      Official Journal of the European Communities                     24. 12. 73
                                               COUNCIL DECISION
                                                 of 15 October 1973
            concluding the Agreement between the European Economic Community and Malta on
                                      the supply of common wheat as food aid
                                                    (73 /41 1 /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 proposal from the Commission ;
            "Whereas the European Economic Community has deposited a Declaration of pro­
            visional application of the 1971 Food Aid Convention ; whereas that Convention has
            been applicable since 1 July 1971 ;
            Whereas Mailta, by its letter of 16 August 1972, has requested food aid ;
            Whereas in view of the cereal supply situation in Malta, that country should be
            accorded, by way of gift, 2 500 metric tons of common wheat under the Community
            Food Aid Programme for 1972/73 ,
             HAS DECIDED AS FOLLOWS :
                                                       Article 1
            The Agreement between the European Economic Community and Malta on the supply
             of common wheat as food aid, the text whereof 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 necessary powers to bind the Com­
             munity.
             Done at Luxembourg, 15 October 1973 .
                                                                                For the Council
                                                                                 The President
                                                                               I. N0RGAARD
 ---documentbreak--- 24. 12. 73                          Official Journal of the European Communities                       No L 355/ 19
                                                    AGREEMENT
                        between the European Economic Community and Malta on the supply
                                              of common wheat as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
              on the one part,
              THE GOVERNMENT OF MALTA,
              on 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 DECIDED AS FOLLOWS :
                         Article I                            It undertakes to exercise the greatest possible care
                                                              to ensure that the tendering arrangements for the
As part of its Food Aid Propgramme (Cereals) for              transport by sea shall not be prejudicial to the free
1972/73 , the European Ecomomic Community,                    play of fair competition. Any problems arising in
hereinafter referred to as the 'Community', shall             this connection shall be the subject of consultations
supply Malta, hereinafter referred to as the 'recipient       under Article IX.
country', with 2 500 metric tons of common wheat
by way of gift.
                        Article II
                                                                                     Article V
Deliveries will be made in bulk fob to Community
ports .
                                                              The recipient country undertakes to use the product
                        Article III                           received as aid for purposes of consumption and to
                                                              apply, for the sale of the product on its market, the
The obligations and responsibilities of the Commu­            prices normally charged on that market for products
nity and of the recipient country relating in particu­        of comparable quality.
lar to delivery and the taking of delivery respectively
are defined in the Annex, which forms an integral
part of this Agreement.                                       The proceeds from this sale, less the costs of sea
                                                              transport, of insurance and the normal costs of
                        Article IV                            selling the product on the recipient country's market,
                                                              shall be paid into a special account at the Central
The recipient country undertakes to make all neces­           Bank of that country and allocated to the financing
sary arrangements for the transport and insurance of          of one or more development schemes proposed by
the product from ports of shipment to places of               the recipient country and approved by the Commu­
destination .                                                 nity.
 ---pagebreak---  No L 355/20                           Official Journal of the European Communities                                   24 . 12. 73
                          Article VI                                of the European Communities with the following
                                                                    information :
 The Contracting Parties undertake to implement this
 Agreement in such a way as to avoid any prejudice                  1 . not later than thirty days after the unloading of
 to the normal structure of domestic production and                     each cargo : port and date of arrival of the ves­
 international trade. To this end they shall take any                   sel ; nature, quantity and quality of the products
 measures required to ensure that aid supplies are in                   unloaded ; date on which unloading was com­
 addition to, and do not replace, commercial trans­                     pleted;
 actions which might reasonably be expected in the
 absence of such supplies. In particular, the recipient            2. every three months until the quantities received as
 country undertakes to import commercially from                         aid have been fully used : quantities sold, how
 whatever source between 1 July 1973 and 30 June                        they have been sold, selling prices ; normal sel­
 1974 a minimum quantity of 49 000 metric tons of                       ling costs on the recipient country's market;
 common wheat or its equivalent in flour of common
 wheat.                                                            3 . On 15 January each year until the special account
                                                                        has been fully used :
                         Article VII                                    ( a) state of this account (lodgments and with­
 The recipient country shall take all appropriate mea­                       drawals) on 31 December of the preceding
                                                                             year ;
 sures to prevent :
 — the re-export of the product received as aid and                     ( b) progress achieved in the project or projects,
                                                                             with an indication of the total amount of
     of products and by-products resulting from such
     supplies ;                                                              financing carried out at that stage.
 — the export, commercially or otherwise, within six                                         Article IX
     months of the last delivery, either of the product             At the request of either of them, the Contracting
     obtained locally and of the same nature as the                 Parties shall consult each other on any questions
     product received as aid or of any products or                  concerning the implementation of this Agreement.
     by-products resulting from it.
                                                                                             Article X
                         Article VIII
                                                                   This Agreement shall be drawn up in duplicate in
 The recipient country undertakes to inform the Com­                the Danish, Dutch, English, French, German and
 munity of the mode of implementation of this Agree­               Italian languages, each of these texts being equally
 ment. To this end it shall provide the Commission                  authentic.
                                                            ANNEX
                                   Provisions laid down in Article III of the Agreement
                           Article 1                                agent of the country of destination and the authorized agent
                                                                   of the Community referred to in Article 9 .
 Delivery shall be effected and all risk shall pass from the
 Community to the country of destination at the moment at                                     Article 2
 which the goods have been placed in the ship's hold at the
port of shipment.
                                                                   The Community shall notify the country of destination in
The contry of destination shall bear all costs subsequent to       good time of the port or ports of shipment, the quantities
delivery of the goods , including costs of stowage and,            to be delivered at each port, the period within which loading
where appropriate, of trimming and bagging.                        must begin, and the daily loading rate.
Any demurrage or dispatch money at the port of shipment                                       Article 3
shall be a charge on or for the benefit of the Community
and shall be determined before the vessel sails. The rates
and detailed arrangements relating thereto laid down in            The Community must be prepared to load the goods on the
the contract between the country of destination and the            date resulting from the instructions in Article 8, whereon
carrier must have been agreed upon in advance by the               the vessel should be ready for loading.
 ---pagebreak--- 24. 12 . 73                              Official Journal of the European Communities                               No L 355/21
                           Article 4                                In this event, until the date of loading of the balance or
                                                                    until the country of destination gives notice in writing
On delivery of the goods, a tolerance of 5 % less than the          that it gives up the balance, the goods shall be held at the
quantity to be supplied in accordance with Article I of             expense, risk and peril of the country of destination .
the Agreement is permitted .
                                                                    The country of destination must notify the Community,
                           Article 5                                within a maximum period of thirty clear days from the
                                                                    beginning of loading of the shipment to which the goods
Once the goods are on board the vessel, the Community               should have belonged, of the date on which loading of the
shall notify the country of destination of the date of loading,     balance is due to begin or of its renunciation of the balance.
together with the quantity and quality of the goods as              If this obligation is not respected, the Community may
recorded on loading.                                                consider that it has discharged its commitment to the coun­
                                                                    try of destination under Article 1 of the Agreement.
                           Article 6
                                                                                               Article 8
The country of destination shall supply the Community,
with the period referred to in Article 2, with a vessel of
dimensions corresponding to the normal loading potential            The country of destination shall name for the Community
of the port of shipment.                                            the vessel that is to ship the goods at least ten clear days
                                                                    prior to the estimated date of arrival of the vessel in port
Should it prove impossible for the vessel to begin loading          or, where possible, twenty clear days prior to this date, and
within the period referred to in Article 2 and should the           shall at the same time indicate how soon after that date the
country of destination not have notified the Community of           vessel will be ready for loading.
this fact in writing at the latest by the date on which the
vessel should be ready for loading in accordance with               The country of destination shall insert in the charter party
Article 8 , the goods shall be at the disposal of the Commu­        a clause requiring the captain to inform the Community
nity .                                                              at least seventy-two hours in advance of the vessel 's
                                                                    estimated date of arrival in port.
Whatever the circumstances , the goods shall be held at
the expense, risk and peril of the country of destination .                                    Article 9
                           Article 7                                To implement the provisions of this Annex, the Community
                                                                    shall appoint an authorized agent, whose name and address
Should the country of destination fail to provide a vessel          it shall make known in good time to the country of desti­
of suitable tonnage or if the quantity made available for           nation .
loading on a vessel of suitable tonnage cannot be put on
board in its entirety because of circumstances beyond the           The country of destination shall nominate a receiving
control of the Community, the balance shall be loaded onto          agent in each port of shipment, whose name and address it
the next vessel under the conditions laid down in this              shall make known to the Community before the Agreement
Annex .                                                             is implemented .
                Information concerning 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 Mailta on the supply
                of common wheat as food aid, which the Council decided to conclude on 15 October
                1973 , was signed at Brussels on 15 November 1973 on behalf of ithe Council of the
                European Communities by :
                Mr Otto Moller, Minister Counsellor, Deputy Permanent Representative, and
                Mr Otto Durieux, Director in the Directorate-General for Development Aid at the
                Commission of the European Communities, and on behalf of the Government of Malta
                by :
                Mr Anthony J. B. Soler, Counsellor.
 ---documentbreak--- NA ---documentbreak--- 24. 12 . 73                              Official Journal of the European Communities                               No L 355/21
                           Article 4                                In this event, until the date of loading of the balance or
                                                                    until the country of destination gives notice in writing
On delivery of the goods, a tolerance of 5 % less than the          that it gives up the balance, the goods shall be held at the
quantity to be supplied in accordance with Article I of             expense, risk and peril of the country of destination .
the Agreement is permitted .
                                                                    The country of destination must notify the Community,
                           Article 5                                within a maximum period of thirty clear days from the
                                                                    beginning of loading of the shipment to which the goods
Once the goods are on board the vessel, the Community               should have belonged, of the date on which loading of the
shall notify the country of destination of the date of loading,     balance is due to begin or of its renunciation of the balance.
together with the quantity and quality of the goods as              If this obligation is not respected, the Community may
recorded on loading.                                                consider that it has discharged its commitment to the coun­
                                                                    try of destination under Article 1 of the Agreement.
                           Article 6
                                                                                               Article 8
The country of destination shall supply the Community,
with the period referred to in Article 2, with a vessel of
dimensions corresponding to the normal loading potential            The country of destination shall name for the Community
of the port of shipment.                                            the vessel that is to ship the goods at least ten clear days
                                                                    prior to the estimated date of arrival of the vessel in port
Should it prove impossible for the vessel to begin loading          or, where possible, twenty clear days prior to this date, and
within the period referred to in Article 2 and should the           shall at the same time indicate how soon after that date the
country of destination not have notified the Community of           vessel will be ready for loading.
this fact in writing at the latest by the date on which the
vessel should be ready for loading in accordance with               The country of destination shall insert in the charter party
Article 8 , the goods shall be at the disposal of the Commu­        a clause requiring the captain to inform the Community
nity .                                                              at least seventy-two hours in advance of the vessel 's
                                                                    estimated date of arrival in port.
Whatever the circumstances , the goods shall be held at
the expense, risk and peril of the country of destination .                                    Article 9
                           Article 7                                To implement the provisions of this Annex, the Community
                                                                    shall appoint an authorized agent, whose name and address
Should the country of destination fail to provide a vessel          it shall make known in good time to the country of desti­
of suitable tonnage or if the quantity made available for           nation .
loading on a vessel of suitable tonnage cannot be put on
board in its entirety because of circumstances beyond the           The country of destination shall nominate a receiving
control of the Community, the balance shall be loaded onto          agent in each port of shipment, whose name and address it
the next vessel under the conditions laid down in this              shall make known to the Community before the Agreement
Annex .                                                             is implemented .
                Information concerning 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 Mailta on the supply
                of common wheat as food aid, which the Council decided to conclude on 15 October
                1973 , was signed at Brussels on 15 November 1973 on behalf of ithe Council of the
                European Communities by :
                Mr Otto Moller, Minister Counsellor, Deputy Permanent Representative, and
                Mr Otto Durieux, Director in the Directorate-General for Development Aid at the
                Commission of the European Communities, and on behalf of the Government of Malta
                by :
                Mr Anthony J. B. Soler, Counsellor.