CELEX: 51973PC1828
Language: en
Date: 1973-10-31 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Malagasy Republic for the supply of flour of common wheat as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1828
Vol. 1973/0317
 ---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
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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
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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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,
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(73)1828 final
                                                      Brussels . 31 October 1973
                             RECOMMENDATION FOR A
                               COUNCIL INCISION
                on the conclusion of an agreement between the
             European Economic Community and the Malagasy Republic
              for the supply of flour of common wheat as food aid
                ( submitted to the Council by the Commission)
COM(73 ) 1828 final
 ---pagebreak--- THE COUNCIL OP 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 Recommendation from the Commission ;
Whereas the European Economic Community has deposited a Declaration for pro­
visional application of the 1971 Food Aid Convention ; whereas that Convention
has "been applicable since 1 July 1971 $                   *
Whereas the Malagasy Republic                 , by its letter of 19 December 1972 ,
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 ,        5 000 metric tons of
cereals in the form of 3 311 metric tons of flour of common wheat under .the
Community Pood Aid Programme for 1972/73 ;
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 common wheat
as food aid .
                              Article 2
The President of the Council is hereby authorized to designate those who are
to sign the Agreement and to confer on them the requisite powers to bind the
Community .
Done at Brussels ,            19 **«*                        For the Council
                                                              The President
 ---pagebreak---                AGREMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
AMD THE MALAGASY REPUBLIC
ON THE SUPPLY OF POOD AID HT THE FORM OF
FLOUR OF COOMON WHEAT
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                                    on the one hand ,
THE GOVERNMENT OP THE MALAGASY REPUBLIC ,
                                                    on "the other hand ,
HAVE DECIDED "to conclude this Agreement and to this end have designated
as their plenipotentiaries :
THE COUNCIL OP THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OP THE MALAGASY REPUBLIC :
                                                  I
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                  Article I                      ■  •
  As a part , of its Food Aid Programme (Cereals ) for 197 /7' » "th© European
  Eoonomio Community shall supply the Malagasy Republic
 hereinafter referred to as the "recipient country", with         3 311   metric
  tons of flour of coomon wheat in the form of a gift.
                                 Article II
 Deliveries will "be made in polyester ba?s lined with Kraft paper with four
       • -     ·  0     0
 pleats cif to ports of unloading of the recipient country.
                                 Article III
                    /            1      i i l J
 The obligations and responsibilities of the European Economic Community
 and of the recipient country relating to delivery and the taking of delivery
 are defined in the Annex which forms an integral part of this Agreement .
                                 Article TV
 The recipient country undertakes to make all necessary arrangements for
 the transport and insurance of the product from ports of unloading to
 places of destination.
                                 Article V
                             «
 The recipient country undertakes to use the product received as aid for
 purposes 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 , less the normal cost of selling the product on
the recipient country 's market , will be paid into a special account with the
Treasury of the Malagasy Republic and allocated to the financing of one or
more development projects which have already been proposed by the recipient
country and approved by the European Economic Community.
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES .
                                                     on the one hand ,
                                                   *
THE GOVERNMENT OP THE MALAGASY REPUBLIC ,
                                                     on "the other hand ,
HAVE DECIDED to conclude this Agreement and to this end have designated
as their plenipotentiaries :
THE COUNCIL OP THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OP THE MALAGASY REPUBLIC s
                                                 I
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                 Article T
 As a part , of its Food Aid Programme (Cereals ) for 197 /7' i "the European
 Economio Community shall supply the Malagasy Republic
 hereinafter referred to as the "recipient country", with       3 311    metric
 tons of flour of coomon wheat in the form of a gift .
                                Article II
 Deliveries will "be made in polyester ba$s lined with Kraft paper with four
      • -     »  0     •
pleats cif to ports of unloading of the recipient country .
                                Article III
                                  1     i  1 1
 The obligations and responsibilities of the European Economic Community
 and of the recipient country relating to delivery and the talcing of delivery
 are defined in the Annex which forms an integral part of this Agreement .
                                Article IV
 The recipient country undertakes to make all necessary arrangements for
 the transport and insurance of the product from ports of unloading to
 places of destination.
                                Article V
 The recipient country undertakes to use the product received as aid for
 purposes of consumption and to apply, for the sale of the product on its
 market , the prices normally charged on that market for products of comparabli
 quality.                                                            •    " .
 The proceeds from this sale , less the normal cost of selling the product on
the recipient country 's market , will "be paid into a special account with the
Treasury of the Malagasy Republic and allocated to the financing of one or
more development projects which have already been proposed by the recipient
country and approved by the European Economic Community.
 ---pagebreak---                                  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
international 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 1973 and 30 June 1974 a minimum quantity of 2b . 000
metric tons of cereals .                      •             *
                                              i
                                 Article VIT
The recipient country shall take any measures required to prevents
(i )   The re-export of the product received as aid and of produots and
      "by-products resulting from such supplies ;
(ii ) The export , commercially or otherwise , within six months of the last
      delivery of the flour of common wheat obtained locally and of the same nature
       as the product received as aid*
                               , Article VTIÏ
The recipient country undertakes to inform the European Economio Community
how this Agreement is being implemented . To this end it shall provide the
Commission of the European ' Communities with the following informations
(i )  Not later than thirty days after the unloading of each cargo s ports
      and dates of arrival of the vessel j nature , quantity and quality of
      the products unloaded } date on which unloading was completed ;
(ii ) Every three months until the quantities received as aid have been fully
      useds quantities sold, how they have been sold , selling prices ; normal
      selling costs on the recipient country's market :
 ---pagebreak---               ANNEX REFERRED TO III ARTICLE III OP THE AGREEMENT
                                  Article 1 '
 Delivery shall "be effeoted and risks shall pass from the European Economic
 Community to the recipient country at the moment when the goods are actually
 removed from the ship 's hold at the port of unloading . The recipient country
 shall "bear all costs subsequent to delivery of the goods , including unloading
 costs (such as . unstowing , hoisting and reception)and any lighterage costs .
 Any demurrage costs or dispatch money at the port of unloading shall "be a
 charge on or for the benefit of the recipient country . The rates and detailed
 arrangements relating thereto laid down in the contract "between the authorized
 agent of the Community referred to in Article 5 and the carrier must have "been
 agreed upon in advance "by the authorized agent and the receiving agent of the
recipient country referred to in Article 5 »
                                  Article 2
The European Economic Community shall , as soon as possible after the goods
have been loaded , send a notice accompanied by the necessary "customs clearance "
 documents giving the ship 's name , the date of loading , the quantity and quality
 of the goods as recorded at time of loading , and the port of destination and the
probable date of unloading.
                                  Article 3
The European Economic Community shall inform the recipient country of the
vessel * s expected date of arrival at the port* of unloading at least ten clear
days before that date .
The European Economic Community shall insert in the charter party a clause
requiring the captain to inform the recipient country at least 72 hours in
advance of the vessel 's estimated date of arrival in port .
 ---pagebreak---                                 Article 4
 On delivery of the goods , a tolerance shall "be allowed of 5  less than the
 quantity to "be supplied under Article 1 of the Agreement .
                                Article 5
 To implement the provisions of this annex, the European Economio Community
 shall appoint an authorized agent , whose name and address shall "be made known
 to the recipient country in good time .
 The recipient country shall appoint a receiving agent in each port of unloading,
whose name and address shall "be made known to the European Economic Community
"before the Agreement is implemented.                   .