CELEX: 51975PC0161
Language: en
Date: 1975-04-17 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an Agreement between the Malagasy Republic on the supply of food aid in the form of cereals. (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 161
Vol. 1975/0063
 ---pagebreak--- Disclaimer
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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
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(74)161   final
                                                      Brussels , 17 April 1975
                  RECOMMENDATION FOR A COUNCIL DECISIONI
             on the conclusion of an Agreement "between the
  Malagasy Republic on the supply of food aid in the form of cereals .
              ( submitted to the Council "by the Commission)
 COM(75 ) 161 final
 ---pagebreak--- THE COUNCIL OP 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 second Convention
 releting to food aid ( l )
                                                •  '               »-
Whereas the       Malagasy Republic has requested food aid ;
                           0
                                    9
Whereas in view of the cereal supply situation in the Malagasy Republic
that country should be accorded , by way of gift , 6 . 000 metric tons of
lontf ffrain    husked rice under the Community Pood Aid Programme for 1071 /7 ?.
DECIDES s
                                        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      Malagasy Republic for the supplv of Ion/* <*rain husked rice
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.
                                             «
Done at Brussels ,                                          For the Council
                                                             The President
   ( 1 ) O.J. L 219 of 9 . P. 1974 P.. 36
 ---pagebreak---              âSBEBEiâï
BSTdSSJ TiM EmOFW ECWCHålC CSZmUZS!?
&so mt UåiÆåm mswuQ di m supply
0? F0Q3 AE) m 9BS FCM QF CE2SMS,
 ---pagebreak--- THE COUGJCIL OF THE El .OPEA3ST COMMUNITIES ,
                                                       on th« one hand ,
TEE CK)VERM»IE2JT OP THE  MALAGASY REPUBLIC
                                                       on the other hand ,
                        s
HATE E1CIDED to conclude this- Agreement and t~- this- end he.ve designated
as their plenipotentiaries ?
Him COUNCIL OP THE EUROPEAN COMMUNITIES :
Tclx GOVSRffl'IBNT OP THE MALAGASY REPUBLIC
mo HAVE AGREED AS FOLLOWS :                              ■   •
                                                                    • • •/• • •
 ---pagebreak---                                 ARTICLE I
As a part of its Pood Aid Programme (Cereals ) for 1971- /72, the European '
Economic Community shall supply, by way of fcr.ft , the Malagasy
 Republic     , hereinafter referred to as th« "recipient country ", with
 6 000 metric tons of long grain husked rice .
                                ARTICLE II
Deliveries will be made m new -jute sacks with a net caoaoitv of SO 1cp- each.
cob Ocvwiunitv ports .
                                ARTICLE IÏI
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) which forms an integral part of this Agreement .
                                ARTICLE Vf
The recipient country undertakes to make all necessary arrangements for the
transport and insurance of the product from ports of shipment to places of
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
free play of fair competition . Any problems arising in this connection shall
be the subject of consultations under Article IX of the present Agreement .
                                 ARTICLE V
The recipient country undertakes to use the product received as aid for pur­
poses 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 .
 ---pagebreak--- The proceeds from this sale , less the cost of sea transport , insurance and the
normal ooat of Balling th« product on the recipient country * a market , will
be paid into a special account with the Malagasy Treasury 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
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 that
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 ,
the recipient country undertakes to import commercially from whatever source
between   1 July 1974      and    30 June 1975       a minimum quantity of  30 000
metric tons of cereals cr its equivalent in flour .
                                     ARTICLE VII
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 ;
( ii )  The export , commercially or otherwise , within six months of the last
        delivery , either of the flour of soft. "h«»at obtained locally     r>f +*»e
        same nature p.s» ordinary rice .
                                     ARÏIOLK VIII
The recipient country undertfJctfE to inform the European Economic Community how
this Agreement is being implemented . To this end it shall provide the Commission
of the European Communities with the following information :
 ---pagebreak--- (i )    Hot later than thirty days after the unloading of each cargo :
         ports arid dates of arrival of the vessel $ nature , quantity and
        quality of the products unloaded ; date on which unloading was
        completed !
                                                  r
(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
        usedS                                                         '
                               »
         ( 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 or1 a.iy questions concerning the implementation of this Agreement .
                                 .ARTICLE X
This Agreement is drawn up in duplioate in the Danish , Dutch , English , French ,
German and Italian languages , each of these texts being equally authentic .
                       $
 ---pagebreak---                                        - 1 -
                        ANNEX TO ARTICLE III OF THE AGREEMENT
                                      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
including costs of stowage and , where appropriate , of trimming and bagging.
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
                               9
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 authorised
agent of the European Economic Community referred to in Article 9 «
                                     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
                                     ■■MWMMMMA
The. European Economic Community must be prepared to load the goods on the data
resulting from the instructions in Article 8 , whereon the vessel should be
ready for loading.
                                     Article 4
                                         «
On delivery of the goods , a loterance of 5 % less than the quantity to be
supplied in accordance with Article 1 of the Agreement is permitted .
                                                                       • • •/• • t
 ---pagebreak--- Cnce the goods are on "board the vessel , the European Eoononic Community shall
notify the recipient country of. the date of loading, and the quantity and
quality of the goods as recorded on-loading.
                                i.r-r:r -e 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 Economib 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 suitable tonnage or
if the quantity made available for loading on a vessel of suitable tonnage
cannot be put on board in its entirety beoause of circumstances beyond the
control of the European Economic Community, the balanoe 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 country.
                      t
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 dvie to begin or of its renunciation of this balance .
 ---pagebreak---                                - 3 -
 If this obligation ii not respected , the European Bsonocic Comsronixy may
consider that it has discharged its commitment to the recipient country under
Article 1 of the Agreement .
                              Article 8
The recipient country 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 he ready for loading .
The rsoipient country' shall- insert in the charter party a clause requiring
                         «
the captain to inform the European Economic Community at least 12 hours in
advance of the vessel 's estimated date of arrival in porti
                              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 known
in good time to the recipient country .
                                                             t
                                              4
The recipient country shall nominate a receiving agent in each port of ship­
ment , whose naxce and address shall' "be made known to the European Economic
Community before the Agreement is implemented *