CELEX: 51973PC1156
Language: en
Date: 1973-07-10 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and Malta for the supply of soft wheat as food aid (submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1156
Vol. 1973/0207
 ---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
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
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,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(73)1156 final
                                                  Brussels , 10 July 1973
                      RECOMMENDATION FOR A COUNCIL DECISION
                      on the conclusion of an agreement bet­
                      ween the European Economic Community
                      and Malta for the supply of soft wheat
                                as food aid
                  ( submitted by the Commission to the Council )
   COM ( 73 ) 1156 final
 ---pagebreak--- THE; COUNCIL OF THE EUROPEAN COMMUNITIES .
Having regard to the Treaty establishing the European Economic Community ,
and. in particular Articles 113 , 114 and 223 thereof"!
Having regard to the Recommendation from the <?o;anri seion j
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 1
Whereas Malta by its letter of 16 August 1972 has requested food aidf
Whereas in view of the cereal supply situation in Malta that country
should be accorded , by way of gift , 2.500 metric tons of soft wheat under
the Community Food 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 Malta for the supply of soft wheat as food aid.
                                    Article  2
The President of the Council is hereby authorised to designate those who are
to sign the agreement and to confer on them the requisite powers to bind the
Community .
Done at Brussels ,
                                                          For the Council
                                                           The President
 ---pagebreak---                   AGHEEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND
                    LÏALTA
          ON THE SUPPLY OP POOD AID
         IN THE FORM OP    SOFT WHEAT
 ---pagebreak--- THE COUNCIL OP 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 plenipetentiaries : •             ;i
THE COUNCIL OP THE EUROPEAN COMMUNITIES :
THE GOVEKNEMENT OP MALTA             -   - -
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                    - 3 -
                                ARTICLE  I
As a part of its Food Aid Programme ( oereals ) for 1972/73 » the European
Economic Community shall supply Malta, hereinafter , referred to as the
 "recipient country ", with 2.500 metric tons of soft wheat .
                                ARTICLE  II
Deliveries will be made in bulk , fob to Community ports .
                                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 products from ports of shipment to places of
destination .
It undertakes to exercise the greatest possible care to ensure that the
tendering arrangements for the transport by sae 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
                       I
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.
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 and allocated to the financing of one or mor.e
development schemes whioh have already been proposed by the recipient country
and approved by the European Economic Community.
 ---pagebreak---                                          - 4–
                                       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 commercial­
    ly from whatever source between 1 July 1973 and 30 June 1974 minimum quantity
    of 49.000 metric tons of soft wheat or its equivalent in flour of 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 and by­
          products resulting from such supplies ;
  ( ii ) The export , commercially or otherwise , within six months of the last
          delivery either of the product obtained locally and of the same nature
          as the product received as aid or of any products or by-products
          resulting from it .
                                       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 to the European Communities with the following information :
    ( i ) Not later than thirty days after the unloading of each cargo: ports
          and dates of arrival of vessel ; 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
          used i 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 (incoming and outgoings ) on 31 December of
               the proceding year ;
 ---pagebreak---                                      - 5 -
    ("b ) Progress achieved in the project or projects , with an indication
          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 , Englisch ,
French , German and Italian language , each of these texts being equally
authentic .
 ---pagebreak---                      ANNEX 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 art which the goods have been
placed in the ship 's hold at the port of shipment .
The recipient country shall-bear- all costs subsequenir~to -delivery of"     goods,
including costs of storage and r where appropriate , of trimming and bagging.
Any demurrage 'costs or dispatch at the port of shipment shall be 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 authorised
agent of the European 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 in the
date resulting from the instruction in Article 8 , whereon the vessel should
be ready for loading.
                                    Article   4
On delivery of the goods , a tolerance of 5 7° less than the quantity 'to be
supplied in accordance with Article 1 of the Agreement is permitted.
                                    Article    5
Once the goods are on board the vessel , the European Economic Community shall
notify the recipient country of the date of loading, and the quantity and
quality of the goods as recorded on loading.
 ---pagebreak---                                      - 2 -
                                    Article  6
 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
Article 8 , 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 put 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 recipient
country gives notice in writing that it gives up this balance , the goods shall
be held 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 .
If this obligation is not respected , the European Economic Community may
consider that it has discharged its commitment to the recipient country under
Article 1 of the Agreement .
 ---pagebreak---                                    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 port , or where possible , 20 clear
days prior to this date , and shall at th& sarre i.imo i     to
tha+ dat© "the vassal will he i-oady     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 port .
                                   Article  9
To implement the provisions of this annex , the European Economic Community
shall appoint an authorised 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 .