CELEX: 
Language: en
Date: 1974-02-25 00:00:00
Title: Council Decision of 14 January 1974 on the conclusion of the Agreement between the European Economic Community and Mauritius on the supply of flour of common wheat as food aid #Agreement between the European Economic Community and Mauritius on the supply of flour of common wheat as food aid

25 . 2. 74                      Official Journal of the European Communities                          No L 53 / 37
                                            COUNCIL DECISION
                                              of 14 January 1974
           on the conclusion of the Agreement between the European Economic Commu­
              nity and Mauritius on the supply of flour of common wheat as food aid
                                                  (74/92/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 deposited a Declaration of provisional
           application of the 1971 Food Aid Convention ; whereas that Convention has been appli­
           cable since 1 July 1971 ;
           Whereas by its letter of 23 February 1973 Mauritius has submitted a request for food aid ;
           Whereas in view of the cereal supply situation in Mauritius that country should be
           accorded, by way of gift, 12 000 metric tons of common wheat in the form of 7 947
           metric tons of flour of common wheat under the Community Food Aid Programme
           (Cereals) for 1972/73,
           HAS DECIDED AS FOLLOWS :
                                                    Article 1
           The Agreement between the European Economic Community and Mauritius on the
           supply of flour of common wheat as food aid, the text of which is annexed to this Deci­
           sion, is hereby concluded on behalf of the Community.
                                                    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, 14 January 1974.
                                                                      For the Council
                                                                       The President
                                                                        W. SCHEEL
 ---documentbreak--- No>'L 53 38                          Official Journal of the European Communities                            25 . 2 . 74
                                                     AGREEMENT
              between the European Economic Community and Mauritius on the supply of flour
                                              of common wheat as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE GOVERNMENT OF MAURITIUS ,
              of the other part,
               HAVE DECIDED to conclude this Agreement and to this end have designated as their
              Plenipotentiaries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
               THE GOVERNMENT OF MAURITIUS :
              WHO HAVE AGREED AS FOLLOWS :
                          Article I                              of the product from ports of shipment to places of
                                                                 destination .
As part of its Food Aid Programme ( Cereals) for
1972/73 , the European Economic Community , here­               It undertakes to exercise the greatest possible care
inafter referred to as the ' Community', shall supply           to ensure chat the tendering arrangements for the
Mauritius, hereinafter referred to as the ' recipient            transiport by sea shall not be prejudicial to the free
country' by way of gift with 12 000 metric tons of              play of fair competition . Any problems arising in
common wheat, in the form of 7 947 metric tons of                this connection shall be the subject of consultations
flour of common wheat .                                          under Article IX .
                         Article 11
                                                                                         Article V
Deliveries will be made fob to Community ports in
new jute or jute-aloe sacks each having a net weight
                                                                 The recipient country undertakes to use the product
of 67 kilogrammes .
                                                                 received as aid for purposes of consumption and to
                                                                 apply , for the sale of the product on its market, the
                         Article III
                                                                 prices normally charged on that market for
 The obligations and responsibilities of the Commu­              products of comparable quality .
 nity and of the recipient country relating in parti­
cular to delivery and the taking of delivery respec­             The proceeds from this sale, less the cost of sea
tively are defined in the Annex , which forms an inte­           transport, of insurance and the normal cost of
 gral part of this Agreement .                                   selling the product on the recipient country's
                                                                 market, shall be paid into a special account witlh
                         Article IV                             the general accounts department of that country and
                                                                 allocated to the financing of one or more develop­
 The recipient country undertakes to make all neces­             ment schemes proposed by the recipient country
 sary arrangements for the transport and insurance               and approved by the Community .
 ---pagebreak---  25 . 2 . 74                          Official Journal of the European Communities                                   No L 53 /39
                          Article VI                                sion of the European               Communities    with   the
                                                                    following information :
The Contracting Parties undertake to implement
-this Agreement in such a way as to avoid any preju­                 1 . Not later than 30 days after the unloading of
dice to die normal structure of domestic production                      each cargo : port and date of arrival of the
 and international trade . To this end they shall take                   vessel ; nature, quantity and quality of the
any measures required to ensure that aid supplies                        products unloaded ; date on which unloading
 are in addition to, and do not replace, commercial                      was completed ;
transactions which might reasonably be expected in
the absence of such supplies. In particular, the recip­            2 . Every three months until the quantities received
ient country undertakes to import commercially                             as aid have been fully used : quantities sold,
 from whatever source between 1 July 1973 and 30                           how they have been sold, selling prices ; normal
June 1974 a minimum quantity of 53 000 metric                              selling costs on the recipient country's market ;
tons of flour of common wheat or its equivalent in                  3 . On 15 January every year until the special
 common wheat.
                                                                         account has been fully used :
                                                                         ( a ) state of this account ( deposits and with­
                         Article VII                                           drawals ) on 31 December of the preceding
                                                                               year ;
The recipient country 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                             financing carried out at that stage.
      of products resulting from such supplies ;
— the export, commercially or otherwise, within                                                Article IX
      six months of the last delivery, of either                    At the request of either of tthem, the Contracting
      common wheat produced locally of the same                     Parties shall consult each other on any questions
      nature as that used to obtain the flour received
                                                                    concerning the implementation of this Agreement.
      as aid or any by-products resulting therefrom .
                                                                                               Article X
                         Article VIII
                                                                    This Agreement shall be drawn up in duplicate in
The recipient country undertakes to inform the                      the Danish, Dutch, English, French, German and
Community of the mode af implementation of this                     Italian languages, each of these texts being authen­
Agreement. To this end it shall provide the Commis­                tic .
                                                           ANNEX
                                      Provisions laid down in Article III of the Agreement
                           Article 1                                destination and the carrier must have been agreed upon
                                                                    in advance by the agent of the recipient country and the
Delivery shall foe effected and all risk shall pass from the       authorized agent of the Community referred to in Article
Community to the recipient country at the moment at                 9.
which the goods have been placed in the ship's hold at
the port of shipment.                                                                           Article 2
The recipient couintry shall bear all costs subsequent to           The Community shall notify the recipient country in
delivery of the goods, including costs of stowage and,             good time of the port or ports of shipment, the quanti­
where appropriate, of trimming and bagging.                         ties to be delivered at each port, the period within which
                                                                    loading must foegin, and the daily loading rate.
Any demurrage or dispatch money at the port of ship­                                            Article 3
ment shall ( be a charge on or for the benefit of the
Community and shall foe determined before the vessel                The Community must be prepared to load the goods on
sails. The rates and detailed arrangements relating                 the date resulting from the instructions in Article 8,
thereto laid down in the contract between the country of            whereon the vessetl should be ready for loading.
 ---pagebreak--- No L 53 /40                           Official Journal of the European Communities                                 25 . 2. 74
                           Article 4                             In this event, until the date of loading of the balance or
                                                                 until the recipient country gives notice in writing that it
On delivery of the goods, a tolerance of 5 °/o less than         gives up the balance, the goods shall be held at the
the quantity to be supplied in accordance with Article I         expense, risk and peril of the recipient country.
of the Agreement is permitted .
                                                                 The recipient country must notify the Community within
                           Article 5                             a maximum period of 30 clear days from the beginning
                                                                 of loading of the shipment to which the goods should
Once the goods are on boarid the vessel, the Community           have belonged, of the ' date on which loading of the
shall notify the recipient country of the date of loading,       balance is due to begin or of its renunciation of the
together with the quantity aind quality of the goods as          balance .
recorded on loading.
                                                                 If this obligation is not respected, the Community may
                                                                 consider that it has discharged its commitment to the
                           Article 6                             recipient country under Article I of the Agreement.
The recipient country shall supply the Community,
                                                                                           Article 8
within the period referred to 'in Article 2, with a vessel
of dimensions corresponding to the normal loading                The recipient country shall name for the Community the
potential of the .port of shipment.                              vessel that is to ship the 'goods at least 10 clear days
Should it prove impossible for the vessel to begin               prior to the estimated date of arrival of the vessel in
loading within the period referred to in Article 2 and           port or where possible 20 clear days prior to this date :
                                                                 it shall at the same time indicate how soon after that
should the recipient country not have notified the
Community of this fact in writing at the latest by the           date the vessel will be ready for loading.
date on which the vessel should be ready for loading in          The recipient country shall insert in the charter party a
accordance with Article 8, the goods shall be at the             clause requiring the captain to inform the Community at
disposal of the Community.                                       least 72 hours in advance of the vessel's estimated date
Whatever the . circumstances, the goods shall be held at         of arrival in port.
the expense, risk and peril of the recipient country .
                                                                                           Article 9
                           Article 7                             To implement the provisions of this Annex, the Commu­
                                                                  nity shall appoint an authorized agent, whose name and
Should the recipient country fail to provide a vessel of
                                                                 address it shall make known in good time to the recip­
suitable tonnage or if the quantity made available for
                                                                 ient country .
loading on a vessel of suitable tonnage cannot be put on
 board in its entirety because of circumstances beyond the        The recipient country shall nominate a receiving agent in
control of the Community, the balance shall be loaded             each port of shipment, whose name arid address it shall
onto the next vessel unider the conditions laid down in           make known to the Community before the Agreement is
this Annex .                                                      implemented .
 ---documentbreak--- NA ---documentbreak--- 25 . 2. 74                    Official Journal of the European Communities                   No L 53/41
           Information on the signing of the Agreement between the European Economic
                            Community and Mauritius on the supply of food aid
           The Agreement between the European Economic Community and Mauritius on the
           supply of common wheat flour as food aid, which the Council decided to conclude
           on 14 January 1974, was signed in Brussels on 17 January 1974 by :
           Mr Ulrich Lebsanft, 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, on behalf of the Council of the Euro­
           pean Communities, and by
           Sir Leckraz Teelock, Ambassador Extraordinary and Plenipotentiary to the European
           Communities on behalf of the Mauritian Government.