CELEX: 
Language: en
Date: 1975-06-07 00:00:00
Title: Council Decision of 20 May 1975 on the conclusion of the Agreement between the European Economic Community and the Malagasy Republic on the supply of flour of common wheat as food aid #Agreement between the European Economic Community and the Malagasy Republic on the supply of flour of common wheat as food aid

7. 6. 75                      Official Journal of the European Communities                     No L 146/31
                                          COUNCIL DECISION
                                              of 20 May 1975
         on the conclusion of the Agreement between the European Economic Commu­
         nity and the Malagasy Republic on the supply of flour of common wheat as food
                                                     aid
                                                (75/326/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 recommendation from the Commission ;
         Whereas the European Economic Community has concluded the 1971 Food Aid Conven­
         tion ;
         Whereas the Malagasy Republic has requested food aid ;
         Whereas in view of the cereal supply situation in that country the latter should be
         accorded, under the Community food-aid programme for 1971 /72, and by way of gift,
         4 000 metric tons of common wheat, in the form of 2 649 metric tons of flour of
         common wheat,
         HAS DECIDED AS FOLLOWS :
                                                  Article 1
         The Agreement between the European Economic Community and the Malagasy Republic
         on the supply of flour of common wheat as food aid is hereby concluded on behalf of the
         Community.
         The text of the Agreement is annexed to this Decision .
                                                  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 Community.
         Done at Brussels, 20 May 1975 .
                                                                    For the Council
                                                                     The President
                                                                       R. RYAN
 ---documentbreak--- No L 146/32                         Official Journal of the European Communities                               7. 6. 75
                                                    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,
              of the other part,
              HAVE DECIDED to conclude this Agreement, and to this end have designated as their Plenipotenti­
              aries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE GOVERNMENT OF THE MALAGASY REPUBLIC :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                             It undertakes to exercise the greatest possible care to
                                                              ensure that the tendering arrangements for the trans­
As part of its food-aid programme (cereals) for               port by sea shall not be prejudicial to the free play of
1971 /72, the European Economic Community, herein­            fair competition . Any problems arising in this connec­
after referred to as the 'Community', shall supply the        tion shall be the subject of consultations under Article
Malagasy Republic, hereinafter referred to as the              IX.
'country of destination', by way of gift, with 4 000
metric tons of common wheat, in the form of 2 649
metric tons of flour of common wheat.                                                 Article V
                                                              The country of destination undertakes to use the
                        Article II
                                                               product received as aid for purposes of consumption
                                                               and to apply, for the sale of the product on its market,
Deliveries will be made in new polyester sacks lined          the prices normally charged on that market for
with kraft paper with three pleats, having a net               products of comparable quality.
capacity of 50 kg each, fob Community ports.
                                                              The proceeds from this sale, less the costs of sea trans­
                        Article III                            port, of insurance and the normal cost of selling the
                                                               product on the market of the country of destination,
The obligations and responsibilities of the Commu­             shall be paid into a special account at the treasury of
nity and of the country of destination relating to             that country and allocated to the financing of one or
delivery and receipt are defined in the Annex, which           more development schemes proposed by the country
forms an integral part of this Agreement.                      of destination and approved by the Community.
                        Article IV                                                    Article VI
The country of destination undertakes to make all             The Contracting Parties undertake to implement this
necessary arrangements for the transport and insur­           Agreement in such a way as to avoid any prejudice to
ance of the product from ports of shipment to places           the normal structure of domestic production and inter­
of destination .                                               national trade. To this end they shall take any
 ---pagebreak--- 7. 6 . 75                             Official Journal of the European Communities                                 No L 146/ 33
measures required to ensure that aid supplies are in               1 . not later than 30 days after the discharge of each
addition to, and do not replace, commercial transac­                   cargo : port and date of arrival of the vessel ; nature,
tions which might reasonably be expected in the                        quantity and quality of the products discharged ;
absence of such supplies. In particular, the country of                date on which discharge was completed ;
destination undertakes to import commercially from
whatever source between 1 July 1974 and 30 June                    2. every three months until the quantities received as
1975 a minimum quantity of 30 000 metric tons of                       aid have been fully used : quantities sold, manner
common wheat or its equivalent in flour of common                      of sale, selling prices ; normal selling costs on the
wheat.                                                                 market of the country of destination ;
                                                                   3 . on 15 January every year until the special account
                         Article VII                                   has been fully used :
The country of destination shall take all appropriate                  (a) state of this account (deposits and withdrawals)
measures to prevent :                                                      as at 31 December of the preceding year ;
— the re-export of the product received as aid and of
                                                                       (b) progress achieved in the project or projects,
                                                                           with    an  indication    of the    total  amount of
     products and by-products resulting frpm such
     supplies ;                                                            financing carried out at that stage.
— the export, commercially or otherwise, within six                                          Article IX
     months of the last delivery, of local produce of the
     same nature as that received as aid .                         At the request of either of them, the Contracting
                                                                    Parties shall consult each other on any questions
                         Article VIII                              concerning the implementation of this Agreement.
The country of destination undertakes to inform the                                          Article X
 Community of the mode of implementation of this
Agreement. To this end it shall provide the Commis­                This Agreement shall be drawn up in duplicate in the
 sion of the European Communities with the following                Danish , Dutch, English, French, German and Italian
 information :                                                      languages, each of these texts being authentic .
                                                               ANNEX
                                      PROCEDURES FOR DELIVERY AND RECEIPT
                            Article 1                              be delivered at each port, the period within which loading
                                                                   must begin, and the daily loading rate.
Delivery shall be effected and all risk shall pass from the
Community to the country of destination at the moment
when the goods are placed in the ship's hold at the port of                                   Article 3
shipment.
The country of destination shall bear all costs subsequent to      The Community must be prepared to load the goods on the
delivery of the goods, including costs of stowage and, where       date on which, according to the provisions in Article 8 , the
 appropriate, of trimming and bagging.                             vessels must be ready for loading.
 Any demurrage or dispatch money at the port of shipment
 shall be a charge on or for the benefit of the Community                                     Article 4
 and shall be determined before the vessel sails . The rates and
 detailed arrangements relating thereto laid down in the
 contract between the country of destination and the carrier        On delivery of the goods, an allowance of 5 % less than the
 must have been agreed upon in advance between the agent            quantity to be supplied in accordance with Article I of the
 of the country of destination and the authorized agent of the      Agreement shall be permitted .
 Community referred to in Article 9 .
                            Article 2                                                          Article 5
 The Community shall in good time notify to the country of          Once the goods are on board the vessel, the Community
 destination the port or ports of shipment, the quantities to       shall notify the country of destination of the date of loading,
 ---pagebreak--- No L 146/ 34                           Official Journal of the European Communities                                     7. 6. 75
together with the quantity and quality of the goods as           The country of destination must notify the Community
recorded on loading.                                             within a maximum period of 30 clear days from the begin­
                                                                 ning of loading of the shipment to which the goods should
                            Article 6                            have belonged, of the date on which loading of the balance
                                                                 is due to begin or of its renunciation of the balance.
The country of destination shall supply the Community,
within the period referred to in Article 2, with a vesssel of    If this obligation is not respected, the Community may
dimensions corresponding to the normal loading potential of      consider that it has discharged its commitment to the
                                                                 country of destination under Article I of the Agreement.
the port of shipment.
Should it prove impossible for the vessel to begin loading                                   Article 8
within the period referred to in Article 2 and should the
                                                                 The country of destination shall nominate to the Commu­
country of destination not have notified the Community of
                                                                 nity the vessel that is to ship the goods at least 10 clear days
this fact in writing at the latest by the date on which the
vessel should have been ready for loading in accordance with     prior to the estimated date of arrival of the vessel in port or
Article 8, the Community may dispose of the goods.               wherever possible 20 clear days prior to this date ; it shall at
                                                                 the same time indicate how soon after that date the vessel
Whatever the circumstances, the goods shall be held at the       will be ready for loading.
expense, risk and peril of the country of destination.           The country of destination shall insert in the charter party a
                                                                 clause requiring the captain to inform the community at
                            Article 7                            least 72 hours in advance of the vessel's estimated date of
                                                                 arrival in port.
Should the country of destination fail to provide a vessel of
suitable tonnage or if the quantity made available for loading                               Article 9
on a vessel of suitable tonnage cannot be put on board in its
entirety because of circumstances beyond the control of the      To implement this Annex, the Community shall appoint an
Community, the balance shall be loaded onto the next vessel      authorized agent, whose name and address it shall make
under the conditions laid down in this Annex.                    known in good time to the country of destination.
In this event, until the date of loading of the balance or until The country of destination shall nominate a receiving agent
the country of destination gives notice in writing that it       in each port of shipment, whose name and address it shall
renounces the balance, the goods shall be held at the            make known to the Community before the Agreement is
expense, risk and peril of the country of destination.           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
                20 May 1975, was signed in Brussels on 22 May 1975 on behalf of the Council of the
                European Communities by :
               Mr Brendan Dillon, 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,
               and on behalf of the Government of the Malagasy Republic by :
               Mr Jules A. Razafimbahiny, Ambassador Extraordinary and Plenipotentiary, Representa­
               tive of that country to the European Economic Comnunity.
 ---documentbreak--- NA ---documentbreak--- No L 146/ 34                           Official Journal of the European Communities                                     7. 6. 75
together with the quantity and quality of the goods as           The country of destination must notify the Community
recorded on loading.                                             within a maximum period of 30 clear days from the begin­
                                                                 ning of loading of the shipment to which the goods should
                            Article 6                            have belonged, of the date on which loading of the balance
                                                                 is due to begin or of its renunciation of the balance.
The country of destination shall supply the Community,
within the period referred to in Article 2, with a vesssel of    If this obligation is not respected, the Community may
dimensions corresponding to the normal loading potential of      consider that it has discharged its commitment to the
                                                                 country of destination under Article I of the Agreement.
the port of shipment.
Should it prove impossible for the vessel to begin loading                                   Article 8
within the period referred to in Article 2 and should the
                                                                 The country of destination shall nominate to the Commu­
country of destination not have notified the Community of
                                                                 nity the vessel that is to ship the goods at least 10 clear days
this fact in writing at the latest by the date on which the
vessel should have been ready for loading in accordance with     prior to the estimated date of arrival of the vessel in port or
Article 8, the Community may dispose of the goods.               wherever possible 20 clear days prior to this date ; it shall at
                                                                 the same time indicate how soon after that date the vessel
Whatever the circumstances, the goods shall be held at the       will be ready for loading.
expense, risk and peril of the country of destination.           The country of destination shall insert in the charter party a
                                                                 clause requiring the captain to inform the community at
                            Article 7                            least 72 hours in advance of the vessel's estimated date of
                                                                 arrival in port.
Should the country of destination fail to provide a vessel of
suitable tonnage or if the quantity made available for loading                               Article 9
on a vessel of suitable tonnage cannot be put on board in its
entirety because of circumstances beyond the control of the      To implement this Annex, the Community shall appoint an
Community, the balance shall be loaded onto the next vessel      authorized agent, whose name and address it shall make
under the conditions laid down in this Annex.                    known in good time to the country of destination.
In this event, until the date of loading of the balance or until The country of destination shall nominate a receiving agent
the country of destination gives notice in writing that it       in each port of shipment, whose name and address it shall
renounces the balance, the goods shall be held at the            make known to the Community before the Agreement is
expense, risk and peril of the country of destination.           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
                20 May 1975, was signed in Brussels on 22 May 1975 on behalf of the Council of the
                European Communities by :
               Mr Brendan Dillon, 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,
               and on behalf of the Government of the Malagasy Republic by :
               Mr Jules A. Razafimbahiny, Ambassador Extraordinary and Plenipotentiary, Representa­
               tive of that country to the European Economic Comnunity.