CELEX: 51974PC1165
Language: en
Date: 1974-07-23 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 cereals as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1165
Vol. 1974/0187
 ---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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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
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 ---pagebreak---   COMMISSION 0 F THE EUROPEAN COMMUNITIES
                                                       COM(74)1165 final
                                                       Brussels . 23 July 1974
                    RECOMMENDATION FOR A COUNCIL DECISION
               on the conclusion of an agreement between the
European Economic Community and Malta for the supply of cereals as food aid
                ( submitted to the Council by the Commission)
C0M(74) 1165 final
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN C0I-5MUNITILS ,
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 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 Malta, by its letter of 20 July 1973 , has revested food aid ;
                        i
Whereas in view of the cereal supply situation in Malta                that coun ry
should be accorded , by way of gift , 2000 nie trie tons of soft wheat under tne
Community Food Aid Programme for 197 3/74 J
                                                       r       »
                                                                   » "
DECIDES :
                          '    Article        1
On "behalf of "the European Economic Community an Agreement , the text whereo
is ;annexed hereto , shall be concluded between the European Economic Communi *;>
and Malta for supply of soft wheat as food aid .           ■     # •
                                 ;•                          •
                               Article
                                     •    ■ i –
                                               2
   ii   '
The President of the Council is heretfy "authorized to designate those who
are to sign the Agreement and to confer on them the requisite powers to
bind the Community .
                                                                                    *
Done at Brussels ,                     19
      •   •                  .    5:             ,
                                                     •  . For the Council
      ;                          n                 ••                           •
    !                                                        The Président
 ---pagebreak---               AGREEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
AND MALTA ON THE SUPPLY OF FOOD AID IN '
THE FORM OF CEREALS .
 ---pagebreak--- THE COUNCIL OP THE EUKOPJ3AN COMMUNITIko ,                     ■
                                                          *
                            ■              of the one part ,
THE GOVERÎJMEKT OF MALTA        __   r–
                                           of the other part ,
          ?
HAVE DECIDED to conclude this Agreement and. to this end have
designate , as their plenipotentiaries :
                                              •*               i
THE COUNCIL OF THE EUROPEAN COMMUNITIES :
THE GOVERKEï£ENT OF MALTA :                           ! .
       I
     ' <.
V7IIO IIAVE AGREED AS FOLLOVÏS :
 ---pagebreak---                             ARTICLE   I
  The European Economic Community shall supply by way of gift to Malta
  ( hereafter referred to as the "recipient country ") a quantity of 2 000
 metric tons of soft wheat under the Community 's food aid Djoerramme . in cereals
for '1973/74 .                   "                                  ,
                                                                   *
                            ARTICLE   II   '                   "
 Deliveries vjill be made in "bulk FOB in accordance with the details laid
 down 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 Treasury 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---                                ART ICI S 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 buoine.. o
transactions which might reasonably be expected in the absence^pf ouch sappl
In particular, the recipient country undertakes to import commercially from
whatever source between 1 July 1974             30 June 1975 a minimum quanity of
43.130 metric tons of               wheat or its equivalent in flour of wheat .
                                                    J              1
                               ARTICLE   VI
The recipient country shall take - all steps required   r  *
                                                             to preven
( i ). the re–export of the product received as aid and also of any produc o
          and by-products resulting therefrom ;
( ii) the export , commercio-lly or otherwise , within a period of six months
          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-products resulting therefrom .               .         -
      1                               H
                                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 ; nature , quantity and any observations as to the
           quality of the products unloaded ; date on which unloading was
           completed ; costs of sea transport and of insurance relating thereto ,
   (ii ) Every three months until the quantities received as aid have been
            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 destination ; .     .
 ---pagebreak---  ( iii ) Oil 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 of 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 .
                               ARTICLE     IX
This Agreement is drawn up in duplicate in the Danish , Dutch , English ,
French , German and Italian languages , each of these texts having equal force
                                         f   -
 ---pagebreak---                           General provisions
                              Article    1
  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 foment at which the goods are put down at the point of exjfortation
  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 speoified in the following articles . Without prejudice to Articles 8 and
; 9.the EEC shall boar all coots up to delivery and the recipient country those
 beyond delivery .                            '                   '
                                             {
                              Article   2
  On delivery a tolerance of 5 ^ less than the quantity of the product to be
  supplied in accordance with article I of the Agreement shall be admissible .
       ■'                    Article    3
 The EEC shall appoint an agent to implement the provisions of the present
      1 1                  .       ■ .'                                    " '
  Annex - or for each consignment - whose name and address it shall make
 known to the recipient country immediately following his appointment .
 The recipient "country shall appoint an agent in the port or ports of ship­
 ment ) whose name and address it shall make known to the EEC with all
 despatch and if possible before the appointment of agent 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
  c                          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 Article 7 » all costs
 arising for the recipient country - for example demurrage void freight
 and dead freight «• shall be borne by the EEC .
 ---pagebreak---  The charges and the arrangements 1 relating to demurrage laid down m 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 .
                    O
 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 Articled ? a new date and a new time-limit
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 .
       -                                            r  -
       i                                                  •
    •                                                       » *
                    Obligations -of the recipient country
                                          1 t   •
                                 Article     7
After contacting the ESC , the recipient country shall procure one or more
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 fox 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 wLth the agent of the EEC the schedule to which delivery
shall take place .
                                 Article     8
      v.
Should the recipient country be 'unable to begin loading on the date provided
for Sin Article 7 » paragraph 1 , the agent of the recipient country shall
inform the agent of the EEC without delay .
 ---pagebreak---   In "this event a now 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 vmder 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 .
                                   r .              r  _
 In ;ithe former case the provisions of Article 8 , paragraphs 2 and 3 , shall
 app,ly "to the balance , if delivery has not yet taken place .
 In l 'the latter case the EECwnay' consider that it has discharged its commitment
 to r 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
                                   1    4 '
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 .                             '