CELEX: 21975A0904(01)
Language: en
Date: 1975-07-10 00:00:00
Title: Agreement between the European Economic Community and the Malagasy Republic on the supply of long grain husked rice as food aid

No L 233 /24                        Official Journal of the European Communities                               4 . 9 . 75
                                                     AGREEMENT
              between the European Economic Community and the Malagasy Republic on the .
                                   supply of long grain husked rice 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 6 000
metric tons of long grain husked rice .
                                                                                      Article V
                         Article II
                                                               The country of destination undertakes to use the
                                                               product received as aid for purposes of consumption
Deliveries will be made in new jute sacks with a net
                                                               and to apply, for the sale of the product on its market,
capacity of 50 kg each fob Community ports.                    the prices normally charged on that market for
                                                               products of comparable quality.
                        Article III
                                                               The proceeds from this sale, less the costs of sea trans­
                                                               port, of insurance and the normal cost of selling the
The obligations and responsibilities of the Commu­             product on the market of the country of destination ,
nity and of the country of destination relating to             shall be paid into a special account at the treasury of
delivery and receipt are defined in the Annex, which           that country and allocated to the financing of one or
forms an integral part of this Agreement.                      more development schemes proposed by the country
                                                               of destination and approved by the Community.
                        A rticle I V
                                                                                      Article VI
The country of destination undertakes to make all
necessary arrangements for the transport and insur­
ance of the product from ports of shipment to places           The Contracting Parties undertake to implement this
of destination .                                               Agreement in such a way as to avoid any prejudice to
 ---pagebreak--- 4 . 9 . 75                        Official Journal of the European Communities                             No L 233 / 25
the normal structure of domestic production and inter­       1 . not later than 30 days after the discharge of each
national trade . To this end they shall take any                 cargo : port and date of arrival of the vessel ; nature,
measures required to ensure that aid supplies are in             quantity and quality of the products discharged ;
addition to, and do not replace, commercial transac­             date on which discharge was completed ;
tions which might reasonably be expected in the             2. every three months until the quantities received as
absence of such supplies. In particular, the country of          aid have been fully used : quantities sold, manner
destination undertakes to import commercially from               of sale, selling prices ; normal selling costs on the
whatever source between 1 July 1974 and 30 June                  market of the country of destination ;
1975 a minimum quantity of 30 000 metric tons of
cereals or its equivalent in flour.                         3 . on 15 January every year until the special account
                                                                 has been fully used :
                       Article VII                               (a) state of this account (deposits and withdrawals )
                                                                     as at 31 December of the preceding year ;
The country of destination shall take all appropriate
measures to prevent :                                            (b) progress achieved in the project or projects,
                                                                     with   an   indication  of the   total amount     of
— the re-export of the product received as aid and of                financing carried out at that stage.
     products and byproducts resulting from such
     supplies ;
                                                                                      Article IX
— the export, commercially or otherwise, within six
     months of the last delivery, of ordinary rice
                                                            At the request of either of them , the Contracting
     obtained locally.
                                                             Parties shall consult each other on any questions
                                                             concerning the implementation of this Agreement.
                       Article VIII
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 .
 ---pagebreak--- No L 233/ 26                          Official Journal of the European Communities                                      4. 9 . 75
                                                              ANNEX
                                      PROCEDURES FOR DELIVERY AND RECEIPT
                           Article 1                              country of destination not have notified the Community of
                                                                  this fact in writing at the latest by the date on which the
Delivery shall be effected and all risk shall pass from the       vessel should have been ready for loading in accordance with
Community to the country of destination at the moment             Article 8 , the Community may dispose of the goods.
when the goods are placed in the ship's hold at the port of
shipment .                                                        Whatever the circumstances, the goods shall be held at the
                                                                  expense, risk and peril of the country of destination.
The country of destination shall bear all costs subsequent to
delivery of the goods, including costs of stowage and, where
appropriate, of trimming and bagging.                                                         Article 7
Any demurrage or dispatch money at the port of shipment           Should the country of destination fail to provide a vessel of
shall be a charge on or for the benefit of the Community          suitable tonnage or if the quantity made available for loading
and shall be determined before the vessel sails . The rates and   on a vessel of suitable tonnage cannot be put on board in its
detailed arrangements relating thereto laid down in the           entirety because of circumstances beyond the control of the
contract between the country of destination and the carrier       Community, the balance shall be loaded onto the next vessel
must have been agreed upon in advance between the agent           under the conditions laid down in this Annex.
of the country of destination and the authorized agent of the
Community referred to in Article 9.                               In this event, until the date of loading of the balance or until
                                                                  the country of destination gives notice in writing that it
                                                                  renounces the balance, the goods shall be held at the
                           Article 2                              expense, risk and peril of the country of destination .
The Community shall in good time notify to the country of         The country of destination must notify the Community
destination the port or ports of shipment, the quantities to      within a maximum period of 30 clear days from the begin­
be delivered at each port, the period within which loading        ning of loading of the shipment to which the goods should
must begin , and the daily loading rate.                          have belonged, of the date on which loading of the balance
                                                                  is due to begin or of its renunciation of the balance.
                           Article 3
                                                                  If this obligation is not respected, the Community may
                                                                  consider that it has discharged its commitment to the
The Community must be prepared to load the goods on the           country of destination under Article I of the Agreement.
date on which, according to the provisions in Article 8 , the
vessel must be ready for loading.
                                                                                              Article 8
                           Article 4
                                                                  The country of destination shatl nominate to the Commu­
On delivery of the goods, an allowance of 5 % less than the       nity the vessel that is to ship the goods at least 10 clear days
quantity to be supplied in accordance with Article I of the       prior to the estimated date of arrival of the vessel in port or
Agreement shall be permitted .                                    wherever possible 20 clear days prior to this date ; it shall at
                                                                  the same time indicate how soon after that date the vessel
                                                                  will be ready for loading.
                           Article 5
                                                                  The country of destination shall insert in the charter party a
Once the goods are on board the vessel, the Community             clause requiring the captain to inform the Community at
shall notify the country of destination of the date of loading,   least 72 hours in advance of the vessel 's estimated date of
together with the quantity and quality of the goods as            arrival in port .
recorded on loading.
                                                                                              Article 9
                           A rticle 6
                                                                  To implement this Annex, the Community shall appoint an
The country of destination shall supply the Community,            authorized agent, whose name and address it shall make
within the period referred to in Article 2, with a vessel of      known in good time to the country of destination .
dimensions corresponding to the normal loading potential of
the port of shipment .                                            The country of destination shall nominate a receiving agent
                                                                  in each port of shipment, whose name and address it shall
Should it prove impossible for the vessel to begin loading        make known to the Community before the Agreement is
within the period referred to in Article 2 and should the         implemented .