CELEX: 51974PC1450
Language: en
Date: 1974-09-16 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Republic of Peru for the supply of cereals as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1450
Vol. 1974/0234
 ---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(74 ) 1450 final
                                                   Brussels , 16 September 1974
                            RECOMMENDATION FOR A
                             COUNCIL DECISION
          on the conclusion of an agreement "between the European
           Economic Community and the Republic of Peru for the
                       supply of cereals as food aid
            ( submitted to the Council by the Commission)
 COM(74) 1450 final
 ---pagebreak---   TIIE COUIICIir OF THE EUROPEAN COI-KUNITIES,
 Having regard to the Treaty establishing the European Economic Community 4
 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
 provisional application of the 1971 Food Aid Convention ; whereas that
 Convention has been applicable since 1 July 1971 ;
 Whereas the Republic of Peru , by its letter of 4 June 1973
 has requested food aid ;
 Whereas in view of the cereal supply situation in Peru          that country
 should be accorded , by way of gift ,     5 000 tonnes of soft wheat under the
 Community Food Aid Programme for 1973/74 }
DECIDES t
                                  Article   J.                 ,
On behalf of the European Economic Comnunity an Agreement , the text whereof
is annexed hereto , shall be concluded between the European Economic Community'
and the Republic of Peru for supply of soft wheat as food aid .
                                  Article   2
The President of the Council is hereby authorized to designate those v:ho
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 Président
 ---pagebreak---                          \
                AGREEMENT
BETWEEN , THE EUROPEAN ECONOMIC COMMUNITY
AND TIGS   REPUBLIC OF PERU ON
TOE SUPPLY OF FOOD AID IN rJHE FORM OF
CEREALS .
 ---pagebreak---  Tins COUNCIL OF THE EUROPEAN CCmiUNITIES ,
                                    \
                         .   -        \
                                        %
                                          \   of the one part ,
THE GOVERIJiïENT OF THE  REPUBLIC OF PERU
                                            »
                                              of the other part ,
HAVE DECIDED to conclude thiD Agreement and to this end have
designate    as their plenipotentiaries :
THE - COUNCIL OF THE EUROPEAN COMJUNITIES t
THE GOVERNMENT OF THE      REPUBLIC OF PERU {
VIHO HAVE AGREED AS FOLLOVÎS S
 ---pagebreak---                                          \
                          ARTICLE  I   .
The European Economic Community shall supply by way of gift to the
 Republic of Peru    (hereafter referred to as "the recipient country ") a
quantity of 5 000 tonnes of soft wheat under the Community 's food aid
programme in cereals for 1973/74 *
                          ARTICLE  II
Deliveries will be made in bulk FOB in accordance with the details laid
dovm in the Annex which forms an integral part of the present Agreement .
                          ARTICLE  III
The recipient country undertakes to make all necessary arrangements for the
transport and insurance of the products from point of delivery to places
of destination .
It undertakes to  exercise the greatest care to ensure that the tendering
arrangements for  sea transport do not prejudice the free play of fair
competition . Any problems arising in this connection shall be the subject
of consultations  under Article VIII of the present Agreement .
                          ARTICLE  IV
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 shall be paid into a
special account with the Central Bank and allocated to the financing of
one or more development projects under arrangements which have been
agreed in advance between the recipient country and the European Economic
Community .
 ---pagebreak---                               ARTICLE   V
The Contracting Parties undertake to implement this Agreement in such a way
as to avoid any prejudice to the normal structure of national production
and international trade . To this end they shall take any measures required
 to ensure that supplies as aid are in addition to and do not replace busincfj
transactions which might reasonably be expected in the absence of such suppl
In particular , the recipient country undertakes to import commercially from
whatever source between 1 July 1974 and 30 June 1975 a minimum quanity of
646 200 tonnes            of soft wheat or its equivalent in flour of soft wheat .
                              ARTICLE   VI
The recipient country shall take all steps required to prevent :
(i)      the re-export of the product received as aid and also of any products
         and by-products resulting therefrom ;
( ii ) the export , commercially or otherwise , within a period of six r.ionths
         commencing from the final delivery , either of any product procured
         locally of the same nature as that received as aid , or of any products
         and by-producto resulting therefrom .
                              ARTICLE.  VII
                 (
The recipient country undertakes to inform the European Economic Community
of how this Agreement is implemented . To this end it shall provide the
Commission of the European Communities with the following details :
    ( i ) Immediately after the unloading of each cargo ; ports . and dates of
          arrival of vessel j nature , quantity and any observations as to the
          quality of the products unloaded ; date on which unloading v/as
          completed ; costs of sea transport and of insurance relating th . r^to ;
  ( ii ) Every three months until the quantities received as aid have 7
          fully used : quantities sold ; manner of sale ; actual selling prices ;
          normal selling costs on the recipient country 's market ; costs of
          insurance and of transport if applicable from the port of unloading
          to the places of destinations
 ---pagebreak---                                                \
 ( iii ) On 15 January every year until the special account has been fully
         expended :
         a ) Summary . of the account ( incomings and outgoings ) to 31 December
             of the previous year }
         b ) Stage of progress ox the project or projects , indicating the
             total resources expended to that stage .
                                 ARTICLE   VIII
The Contracting Parties shall at the request of either consult each other
on any questions concerning the implementation of this Agreement .
                                 ARTICIB   IX
This Agreement is drawn up in dxiplicate in the Danish , Dutch , English ,
French , German , Italian and Spanish languages each of these texts having
equal force }                                                 '
 ---pagebreak---                                                                     ANITEX    I
                          General provisions
                              Article  1
       1                                 '
                        V
 Delivery shall "be effected and risks shall pass form the European Economic
 Community , hereinafter referred to as the EEC , to the recipient country at
 the moment at which the goods are put down at the point of exportation
 named by the Commission of the European Communities at the berth specified
 by the recipient country or its agent referred to in Article 3 and under the
terms specified in the following articles . Without prejudice to Articles 8 and
'9 the EEC shall bear all costs up tO ( delivery and the recipient country those
beyond delivery *
                                                 I           '        '
                              Article  2           . .  .
 On delivery a tolerance of 5 f' less than the quantity of the product to be
 supplied in accordance with article I of the Agreement fehall be admissible *
                                                                          \
                                                                    1       \   . '
                                                           ê
                              Article  3
 The EEC shall appoint an agent to implement the provisions of the present
 Annex – or for each consignment - whose name and address it shall make
 known to the recipient country immediately follotring his appointment .
 The recipient country shall appoint an agent in the port oi4 ports of ship­
 ment , whose name and address it shall make knoVnl to the EEC With all
 despatch and if possible before the appointment of agfent of the EEC .
                                  * «
                              Article  4
                                                               /
 Before implementing the procedures for appointing the agent of the EEC
 referred to in Article 3 » "the Commission of the European Communities and
 the recipient country shall jointly establish the period during which
 delivery must begin .
               Obligations of the European Economic Community
                              Article  5
 Should, the EEC not be in a position to carry out delivery on the date and
 ( if applicable ) on the schedule, as provided in Artiole 7 » all costs
                                                                        »
 arising for the recipient country *• foi* example demurrage Void freight
 and dead freight - shall be borne by the EEC *
 ---pagebreak---    The charges and. the arrangements relating to demurrage laid down in the
   contract between the recipient country and the carrier must have been
   agreed in advance by the recipient " country and the agent of the EEC .
   The other costs referred to in the first paragraph shall only be refunded
   by the EEC if they have been paid by the recipient country with the approval
   of the EEC .
                                   Article  6
   Should it prove impossible for the EEC to supply all or part of the goods
  on the date and within the time-limits provided for in Article 7 and without
  prejudice to the provisions of Article 5 » a new date and a new tims-lirr.it
   shall be agreed between the agents of the EEC and of the recipient country
  for the delivery of all the goods or of the Undelivered part thereof .
                      Obligations of the récipient country
                                                              » ■
                                  Article   7
  After contacting the EEC , the recipient country shall procure one or ir.ore
  vessels to transport all the quantities provided for in Article 1 of the
  Agreement , of dimensions corresponding to the normal capacity of the port of
  shipment ; these vessels must be ready for loading on a date falling within
  the period referred to in Article 4 »
  The agent of the recipient country shall inform the EEC of this date
  immedately on learning it , and also that jfor commencement of delivery ,
  if possible twenty days in advance and in any case ten days before the date
  for commencement of delivery *
• He shall establish with the agent of the EEC the schedule to which delivery
  shall take place .
                                  Article   8
  Should the recipient country be unable to begin loading on the date provided
  for in Article 7 » paragraph 1 , the agent of the recipient country shall
  inform the agent of the EEC without delay *
 ---pagebreak---                                            \
 In this event a new date for the commencement of delivery and ( if applicable )
 a new schedule could "be agreed between the agents of the EEC and of the
 recipient country . The costs arising from this delay shall in all cases
 except force majeure be borne by the recipient country .
 Should the new date provided for in paragraph 2 be more than 30 clear days
 after the date for loading provided for in Article 7 » paragraph 1 , the EEC
 may dispose of the goods without prejudice to its commitment under Article 1
 of this Agreement .
                                  Article   9
 If the quantity made available for loading on a vessel cannot be put on
board in its entirety , the recipient country shall inform the EEC as soon
as possible and no later than fifteen clear days after loading has been
completed whether it intends to accept or to renounce the balance .
In the former cane the provisions , of Article 8 , paragraphs 2 and 3i shall
apply to the balance , if delivery has not yet taken place .
In the latter case the EEC may consider that it has discharged its cc ;.i:r.i t:r.ent
to the recipient country under Article 1 of this Agreement and shall bear
the costs resulting from such renunciation .
In any event after the expiry of an interval of fifteen clear days and in
the absence of any notice on the part of the recipient country , the renun­
ciation shall be deemed to have taken place .
                                  Article  10
Upon delivery of the goods , the recipient country shall hand to the
agent of the EEC a certificate of acceptance stating the port of shipment ,
date of acceptance , the nature and quantity of the goods accepted and
including any comments on the quality of the goods , and send a copy thereof
to the Commission of the European Communities *