CELEX: 
Language: en
Date: 1974-10-02 00:00:00
Title: Council Decision of 23 August 1974 on the conclusion of the Agreement between the European Economic Community and Malta on the supply of common wheat as food aid #Agreement between the European Economic Community and Malta on the supply of common wheat as food aid

2 . 10. 74                       Official Journal of the European Communities                   No L 266/ 19
                                             COUNCIL DECISION
                                               of 23 August 1974
           on the conclusion of the Agreement between the European Economic Community and
                               Malta on the supply of common wheat as food aid
                                                  (74/485/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
           Convention;
           Whereas by its letter of 20 July 1973, Malta has requested food aid;
           Whereas in view of the cereal supply situation in Malta, that country should be
           accorded, by way of gift, 2 000 metric tons of common wheat under the Community
           food-aid programme for 1973/74,
           HAS DECIDED AS FOLLOWS :
                                                     Article 1
           The Agreement between the European Economic Community and Malta on the supply
           of common wheat as food aid, the text of which is annexed to this Decision, 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 Com­
           munity.
           Done at Brussels, 23 August 1974.
                                                                                For the Council
                                                                                 The President
                                                                                B. DESTREMAU
 ---documentbreak---  No L 266/20                        Official Journal of the European Communities                             2. 10 . 74
                                                    AGREEMENT
              between the European Economic Community and Malta on the supply of common
                                                  wheat as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE GOVERNMENT OF MALTA,
              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 MALTA:
              WHO HAVE AGREED AS FOLLOWS :
                         Article 1                             transport by sea shall not be prejudicial to the free
                                                               play of fair competition. Any problems arising in this
 As part of its food-aid programme (cereals) for               connection shall be the subject of consultations under
1973/74, the European Economic Community,                      Article VIII.
hereinafter referred to as the 'Community', shall
supply Malta, hereinafter referred to as the 'country
of destination', by way of gift, with 2 000 metric tons                              Article IV
of common wheat.
                                                               The country of destination undertakes to use the
                                                               product received as aid for purposes of consumption
                        Article 11
                                                               and to apply, for the sale of the product on its
                                                               market, the prices normally charged on that market
Deliveries will be made in bulk fob in accordance              for products of comparable quality.
with the detailed rules set out in the Annex which is
an integral part of this Agreement.
                                                               The proceeds of sale shall be paid into a special
                                                               account at the treasury of that country and allocated
                        Article III                            to the financing of one or more development schemes
                                                               agreed between the recipient country and the
                                                               Community.
The country of destination undertakes to make all
necessary arrangements for the transport and
insurance of the delivered product from point of
delivery to places of destination.                                                    Article V
It undertakes to exercise the greatest possible care to        The Contracting Parties undertake to implement this
ensure that the tendering arrangements for the                 Agreement in such a way as to avoid any prejudice to
 ---pagebreak--- 2 . 10. 74                           Official Journal of the European Communities                               No L 266/21
the normal structure of domestic production and                     product discharged; date on which discharge was
international trade. To this end they shall take any                completed ; costs of sea transport and of insurance
measures required to ensure that aid supplies are in                relating thereto ;
addition to, and do not replace, commercial
transactions which might reasonably be expected in
the absence of such supplies. In particular, the                2. every three months until the quantities received as
country of destination undertakes to import                         aid have been fully used : quantities sold, how they
commercially from whatever source between 1 July                    have been sold, selling prices ; normal selling costs
1974 and 30 June 1975 a minimum quantity of                         on the market of the country of destination;
43 130     metric  tons   of   common      wheat     or its         insurance costs and, where appropriate, transport
equivalent in flour of common wheat.                                costs from the port of discharge to the places of
                                                                    destination;
                        Article VI
                                                                3 . on 15 January every year until the special account
The country of destination shall take all appropriate               has been fully used :
measures to prevent:
                                                                    ( a) state of this account (deposits and
— the re-export of the product received as aid and                       withdrawals) on 31 December of the
     of products and by-products resulting from such                     preceding year;
     supplies ;
                                                                    (b) progress achieved in the project or projects,
— the export, commercially or otherwise, within six                      with an indication of the total amount of
     months of the last delivery, either of local                        financing carried out at that stage.
     produce of the same nature as that received as aid
     or of any products and by-products resulting
     from it.
                                                                                        Article Vlll
                        Article VII                             At the request of either of them, the Contracting
                                                                Parties shall consult each other on any questions
 The country of destination undertakes to inform the            concerning the implementation of this Agreement.
 Community of the mode of implementation of this
 Agreement. To this end it shall provide the
Commission of the European Communities with the                                          Article IX
following information :
 I. immediately after the discharge of each cargo:              This Agreement shall be drawn up in duplicate in
    port and date of arrival of vessel ; nature, quantity       the Danish, Dutch, English, French, German, and
    and any observations as to the quality of the               Italian languages, each of these texts being authentic.
                                                           ANNEX
                                                 DELIVERY PROCEDURES
                        CHAPTER I                               at which the goods are put down at the point of
                                                                exportation named by the Commission of the European
                    General provisions                          Communities at the berth specified by • the country of
                                                                 destination or its agent referred to in Article 3 and under
                         Article 1                              the terms specified in this Annex. Without prejudice to
                                                                Articles 8 and 9 the Community shall bear all costs prior
Delivery shall be effected and all risk shall pass from the     to delivery and the country of destination those after
Community to the country of destination at the moment           delivery.
 ---pagebreak---  No L 266/22                          Official Journal of the European Communities                                  2. 10. 74
                          Article 2                                                       CHAPTER III
 On delivery of the goods, a tolerance of 5 % less than the
 quantity to be supplied in accordance with Article I of the               Obligations of the country of destination
 Agreement is permitted .
                                                                                            Article 7
                          Article 3
 For the purpose of implementing the provisions of this           After contacting the Community, the country of
 Annex the Community shall appoint — if necessary for            destination shall procure to transport all the quantities
 each consignment — an agent whose name and address it           provided for in Article I of the Agreement one or more
 shall make known to the country of destination                   vessels of dimensions corresponding to the normal
 immediately following his appointment. For each port of         capacity of the port of shipment; these vessels must be
 shipment the country of destination shall appoint an agent      ready for loading on a date falling within the period
 whose name and address it shall make known to the               referred to in Article 4 .
 Community with all dispatch and if possible before the
 appointment of the agent of the Community.
                                                                 The agent of the country of destination shall inform the
                                                                 Community of this date and of the date for
                          Article 4                              commencement of delivery as soon as he knows them, if
                                                                 possible 20 clear days in advance and in any case 10 clear
                                                                 days before the date for commencement of delivery.
Before implementing the procedure for appointing the
 agent of the Community referred to in Article 3, the
 Commission of the European Communities and the                  He shall establish with the agent of the Community the
 country of destination shall establish by joint agreement       schedule according to which delivery shall take place.
 the period during which delivery must begin.
                                                                                            Article 8
                        CHAPTER II
                                                                 Where the country of destination is unable to begin
               Obligations of the Community                      loading on the date provided for in the first subparagraph
                                                                 of Article 7, the agent of the country of destination shall
                                                                 inform the agent of the Community without delay.
                          Article 5
                                                                 In this event the agents of the Community and of the
Where the Community is not in a position to carry out            country of destination may agree on a new date for the
 delivery on the date and, if applicable, according to the       commencement of delivery and, if applicable, a new
schedule laid down in Article 7, all costs arising for the       schedule. The costs arising from the delay in loading shall
country of destination — for example, demurrage, void            in all cases except force majeure be borne by the country
freight and dead freight — shall be borne by the                 of destination .
Community.
                                                                 Should the new date provided for in the second
The charges and the arrangements relating to demurrage           subparagraph be more than 30 clear days after the date
laid down in the contract concluded between the country          for loading provided "for in the first subparagraph of
of destination and the carrier must have previously been         Article 7, the Community may dispose of the goods
agreed by the country of destination and the agent of the       without prejudice to its commitment under Article I of
Community.                                                       this Agreement.
The other costs referred to in the first subparagraph shall
be refunded by the Community only if they have been
                                                                                            Article 9
paid by the country of destination with the approval of
the Community.
                                                                 Where the quantity made available for loading on a vessel
                          Article 6                              cannot be loaded on board in its entirety, the country of
                                                                 destination shall inform the Community as soon as
                                                                 possible, and no later than 15 clear after loading has
Where it is impossible for the Community to supply all or        been completed, whether it intends to accept or to
part of the goods on the date and within the time limits         renounce the balance.
provided for in Article 7, the agents of the Community
and of the country of destination may, without prejudice
to Article 5, agree on a new date and a new time limit for      In the former case the second and third subparagraphs of
the delivery of all the goods or of the undelivered part         Article 8 shall apply to the balance, if delivery has not
thereof.                                                         yet taken place.
 ---pagebreak--- 2. 10. 74                             Official Journal of the European Communities                              No L 266/23
In the latter case the Community may consider that it has                                  Article 10
discharged its commitment to the country of destination
under Article I of this Agreement and shall bear the costs
resulting from renunciation.                                     Upon delivery of the goods, the country of destination
                                                                 shall hand over to the agent of the Community a
                                                                 certificate of acceptance stating the port of shipment, date
In any event, after an interval of 15 clear days, and in the     of acceptance and the nature and quantity of the goods
absence of any notice on the part of the country of              accepted, together with any comments on the quality of
destination, renunciation shall be deemed to have taken          the goods. It shall send a copy of the certificate to the
place.                                                           Commission of the European Communities.
               Information on the signing of the Agreement between the European Economic
                          Community and the Government of Malta on the supply of food aid
               The Agreement between the European Economic Community and Malta on the supply
               of cereals as food aid, which the Council decided to conclude on 23 August 1974, was
               signed in Brussels on 18 September 1974, on behalf of the Council of the European
               Communities by :
                Mr Emile Cazimajou, Plenipotentiary,           Deputy      Chairman     of    the   Permanent
               Representatives Committee, and
               Mr Durieux, Director of Development and Cooperation of the Commission of the
               European Communities,
               and on behalf of the Government of Malta by :
               Mr Anthony J. B. Soler, Counsellor, acting charge d'affaires of that country's mission
               to the European Economic Community.
 ---documentbreak--- NA ---documentbreak--- 2. 10. 74                             Official Journal of the European Communities                              No L 266/23
In the latter case the Community may consider that it has                                  Article 10
discharged its commitment to the country of destination
under Article I of this Agreement and shall bear the costs
resulting from renunciation.                                     Upon delivery of the goods, the country of destination
                                                                 shall hand over to the agent of the Community a
                                                                 certificate of acceptance stating the port of shipment, date
In any event, after an interval of 15 clear days, and in the     of acceptance and the nature and quantity of the goods
absence of any notice on the part of the country of              accepted, together with any comments on the quality of
destination, renunciation shall be deemed to have taken          the goods. It shall send a copy of the certificate to the
place.                                                           Commission of the European Communities.
               Information on the signing of the Agreement between the European Economic
                          Community and the Government of Malta on the supply of food aid
               The Agreement between the European Economic Community and Malta on the supply
               of cereals as food aid, which the Council decided to conclude on 23 August 1974, was
               signed in Brussels on 18 September 1974, on behalf of the Council of the European
               Communities by :
                Mr Emile Cazimajou, Plenipotentiary,           Deputy      Chairman     of    the   Permanent
               Representatives Committee, and
               Mr Durieux, Director of Development and Cooperation of the Commission of the
               European Communities,
               and on behalf of the Government of Malta by :
               Mr Anthony J. B. Soler, Counsellor, acting charge d'affaires of that country's mission
               to the European Economic Community.