CELEX: 51973PC2084
Language: en
Date: 1973-12-14 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Mauritius Island for the supply of flour of soft wheat as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 2084
Vol. 1973/0376
 ---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
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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,
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,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(73)2034 Final
                                                    Brussels , 14 December 1973
                            RECOMMENDATION FOR A
                              COUNCIL DECISION
  on the conclusion of an agreement between the European Economic
      Community and the Mauritius Island for the supply of flour
                         of soft wheat as food' aid
               ( submitted to the Council by the Commission )
  COU ( 73 ) 2084 Final
 ---pagebreak---   THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
               é                                           I
  Having regard, "to the Treaty establishing the European Economic Community ,
  and in particular Articles 113 , H4 and. 228 thereof 5
  Having regard to the Recommendation from the Commission j
  Whereas the European Economic Community has deposited a Declaration for
  provisional application of the 1971 Food Aid Convention j v/hereas that
  Convention has "been applicable since 1 July 1971 j
  YJhereas the Mauritius Island by its letter of 23 February 1973
  has requested food aidj
. Whereas in view of the cereal supply situation in the Mauritius Island
  that country    should be accorded , by way of gift ,      12-000  metric tons
                                           •                                V
  of ■ soft wheat m the form of ^ 947 metric tons of flour of soft wheat under
 the Community Food Aid Programme for 1972/73 5
  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 Mauritius Island                      for the supply of flour of soft 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
AUD THE MAURITIUS ISLAND          '
ON THE SUPPLY OP POOD AID IN THE FORM OP
FLOUR OP SOFT WHEAT
 ---pagebreak---  THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                                      on the one hand ,
 THE GOVERNMENT OP THE MAURITIUS ISLAND
                                                      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 MAURITIUS ISLAND             •
 WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                    ARTICLE I
As a part of its Food Aid Programme (Cereals ) for 1972 /73 , the European
 Economic Community shall supply, by way of gift , the Mauritius Island
                , hereinafter referred to as the "recipient country ", with
 12 000     metric toYis of soft wheat in the form of ^ 947 metric tons of
 flour , of soft wheat .
      ' '                         ARTICLE II
Deliveries will "be made fob to Community ports in new jute bags or jute aloe I
 containing a net weight of 67 kg each .
                                   ARTICLE III
 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 IV
 The recipient country undertakes to make 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
 poses 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---  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     "^e general accountance and allocated to the
financing of one or more development schemes which have already "been proposed
"by the recipient country and approved by the European Economic Community.
                                    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 1973        and 30 June 1974          a minimum quantity of
 metric tons of flour of soft wheat or its equivalent in 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
        obtained from such supplies ;
 (ii )  The export , commercially or otherwise , within six months of the last
        delivery , either of the locally produced soft wheat of the same kind
        as that used _to produce the flour receiyed_.as. . aid or , of_.processed _
        products derived from such wheat .
                                    ARTICLE VIII
The recipient country undertakes to inform the European Economic Community how
this Agreement is being implemented . To this end it shall provide the Commission
of the European Communities with the following information :
 ---pagebreak--- (i )      ITqt later than thirty days after the unloading of- each cargo :
          ports and dates of arrival of the vessel ; nature , quantity and
          quality of the products unloaded ; date on whioh unloading was
          completed j
(ii )     Every three months until the quantities received as aid have "been
          fully used : quantities sold , how they have "been sold , selling prices ,
         normal selling costs on the recipient country 's market ;
(iii )    On 15 January every year until the special account has "been fully
         used :
        ..(a) State of this account (incomings and outgoings ) on 31 December
                of the "preceding : year ;
          fb ) Progress achieved in the - project or projects , with an indicatio:
   *
                of the total amount of financing 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 , English , Frenc .
German and Italian languages , each of these texts "being equally authentic .
 ---pagebreak---                          AMEX TO ARTICLE III OP THE AGREEMENT
                                      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 tagging .
Any demurrage costs or dispatch at the port of shipment shall he 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 carrier 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 A
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   ■
   Once "the goods are on "board "the vessel , the European Economic Community shall
   notify the recipient <§ountry of the date of loading , and the quantity and
   quality of the goods as recorded on loading .
                                    Article o
   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 Articl
                                           «
  the goods shall "be at the disposal of the European Economic 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 pat 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 recipien
  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 renunciation of this balance .
 ---pagebreak---  If this obligation is not respeoted , tha European Economio Community may
 consider that it has discharged its commitment to the recipient country under
Article 1 of the Agreement .
                             Article 8
The recipient country shall name for the European Economic Community the
vessel that is to ship the goods at least 10 clear 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 72 hours in •
advance of the vessel 's estimated date of arrival in poi;t .
                          /
                             Article 9
To implement the provisions of this Annex , the European Economic 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 each port of ship­
ment , whose name and address shall "be made known to the European Economic
Community before the Agreement is implemented.