CELEX: 51974PC0768
Language: en
Date: 1974-06-04 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Republic of Peru 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) 768
Vol. 1974/0117
 ---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(74)768 final
                                                     Brussels , 4 June 1974
                   RECOMMENDATION FOR A COUNCIL DECISION
    on the conclusion of an agreement between the European Economic
          Community and the Republic of Peru for the supply of
                           cereals as food aid
              ( submitted to the Council by the Commission)
                                i
                                                                      !
C0M(74) 768 final
 ---pagebreak--- THE COUNCIL OF TOE EUROPEA.1T COMi'IUUITIES ,
                   «
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 the Republic of Peru , by its letter of . 13.10.1972 , has requested
food aid :
                                            #
Whereas in viev: of the cereal supply situation m Peru that country should
be accorded , by way of gift , 15 000 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 the Republic of Peru for the supply of soft wheat as food aid .
as food aid .
                                               # •
                                     Article 2
                                                    «
The President of the Council is hereby authorized to designate those who
are to sign the Agreement and to confer on them the requisite powers to bind
the Community .
                                                            V
Done at Brussels ,                                      ••  For the Council
                                                              The Président
 ---pagebreak---              AGREEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
AND THE REPUBLIC OF PERU ON THE SUPPLY
OF FOOD AID IN THE FORM OF CEREALS
 ---pagebreak--- HIE COUNCIL OP THE EUROPEAN COMMUNITIES .
                                                   01 the one part ,
THE GOVERNMENT OP THE REPUBLIC OF PERU
                                                    of the other part ,
HAVE DECIDED to conclude this Agreement and to this end have designated
as their plenipotentiaries :                                    -
                                       é
THE COUNCIL OP THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OP THE REPUBLIC OF PERU :
                             . ■     «
WHO HAVE ACREED AS F0LL0W3 :
 ---pagebreak---                                    ΛΠΤΤσΤ.Ε χ
 As a part of i"ts Food Aid Programme (Cereals ) for 197 /7 , "the European
 Economic Community shall supply, by way of gift , the Republic of Peru
  hereinafter referred to as the "recipient country ", with 15 000 metric
  tons of sol't wheat .
                                •• ARTICLE XI                ■   -
 Deliveries will be made in bulk , fob to Community ports .
                                   ARTICLE XXX
 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 , vmich forms an integral part of this Agreement .
                                   ARTICLE XV
 The 'recipient country undertakes to make all necessary arrangements for the
 transport and insurance of the product- from ports of shipment to places 01
 destination .          .
 It untertakes to exercise the greatest possible care to ensure that the
tendering arrangements for the transport by sea are' not prejudicial to the
                                       1
 free play of fair competition . Any problems arising in this connection shall
"be the subject of consultations under Artidle IX of the present Agreement .
                          * * •
                                    ARTICLE V
 The recipient country undertakes to use the product received as aid for par-
 poses of consumption and to apply , for the sale of the product 011 its market ,
the prices normally charged on that market for products of comparable cuality .
 ---pagebreak---   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 more
 development schemes which have already "been proposed by the - recipient country
 and approved "by the European Economic Community ,
                                      ■ARTICLE VI          .                          !
                                                                                      I
 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 inter­
 national trade . To this end they shall take any measures required to ensure thai
 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 ,
                              s
 the recipient country undertakes to import commercially from whatever source
between 1 July 1974 and 30 June 1975 & minimum quantity of 646.200 metric tons
of soft wheat or its equivalent in flour of soft wheat .
                                      ARTICLE VIT
 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 ;
                                                 i .
 (ii )   The export , commercially or otherwise , within six months of the last
         delivery , either of the product obtained locally and of the sane nature
         as the product received as aid or of any products or by-products resultiif
         from it .                                                                  !
                                      ARTICLE VIII
The recipient country undertakes to inform the European Economic Community how j
"this Agreement is being implemented . To this end it shall provide the Commissiot
of the European Communities vrith the following informations
 ---pagebreak---                                     - 3 .-
 (i )     Not later than thirty days after tho unloading of each cargo :
          ports and dates of arrival of the vessel ; nature , quantity and
       . .quality of the products unloaded ; date on which vmloading was
          completed ;                              >
(ii )     Every three months until the quantities received as aid have been
          fully used : 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 ( incomings and outgoings ) on 31 December
                of the preceding.' year ;
          (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 , English , French
German and Italian languages , each of these texts being equally authentic .
 ---pagebreak---                          ANNEX TO ARTICLE III OP THE ÀGREEMEHT
                ^                     Article 1
Delivery shall be effected and risks shall pass from "the European Economic
 Community to the recipient country at the moment at which the goods have .
"been placed in the ship's hold at the port of shipment .
 The recipient country shall "bear all costs subsequent to delivery of the goods , i
 including costs of stowage and , where appropriate , of trimming and "bagging .   !
                                                                                     i
 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 authorized
agent of the European Economic Community referred to in Article $ .
                                      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 •
                                                0
The European Economic Community must be prepared to load the goods on the dave
resulting from the instructions in Article 8 , whereon the vessel should be
ready for loading.                                     •
                                      Article 4
On delivery of the goods , a tolerance of 5      less than the quantity to be
supplied in accordance with Article 1 of the Agreement is permitted .
 ---pagebreak---                                  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.
            i
                                 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
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 stiitable 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 hold at the expense , risk and peril of the recipient coxmtry .
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 balaaice .
 ---pagebreak--- 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 .                            ;
                             Article 8                .
The recipient coiuitry 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 part or , where possible , 20 clear days prior
to this date , and shall at the same time indicate how soon after that date
the vessel will "be ready for 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 authorized agent , whose name and address shall "be made knovm
                       »                                                 •
in good time to the récipient country .
The recipient country shall nominate a receiving agent in each -port of ship­
ment , whose name and address shall 'be ma,de known to the European Economic
Community before the Agreement is implementedo