CELEX: 
Language: en
Date: 1974-12-07 00:00:00
Title: Council Decision of 3 October 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

7. 12. 74                     Official Journal of the European Communities                     No L 328 /45
                                           COUNCIL DECISION
                                             of 3 October 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
                                               (74/594/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 23 November 1973 , Mauritius has requested food aid ;
          Whereas in view of the cereal supply situation in Mauritius, that country should be
          accorded, by way of gift, 10 000 metric tons of common wheat in the form of 6 623
          metric tons of flour 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 Mauritius on the
          supply of flour 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
          Community.
          Done at Luxembourg, 3 October 1974.
                                                                     For the Council
                                                                      The President
                                                                         P. ABELIN
 ---documentbreak---   No L 328 /46                        Official Journal of the European Communities                           7. 12. 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 THE REPUBLIC 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                                                   Article TV
 As part of its food-aid programme (cereals) for                The country of destination undertakes to use the
 1973 /74, the European Economic Community,                     product received as aid for purposes of consumption
 hereinafter referred to as the ' Community', shall             and to apply, for the sale of the product on its
 supply Mauritius, hereinafter referred to as the               market, the prices normally charged on that market
 'country of destination', by way of gift, with 10 000          for products of comparable quality.
 metric tons of common wheat, in the form of 6 623
 metric tons of flour of common wheat.
                                                                The proceeds from this sale shall be paid into a
                                                                special account at the general accountant department
                          Article 11                           of that country and allocated to the financing of one
                                                               or more development schemes in accordance with
 Deliveries will be made fob in new jute or jute-aloe          the procedure to be agreed between the recipient
 bags of .a net weight of 67 kg each, in accordance            country and the Community.
 with the detailed rules set out in the Annex which is
 an integral part of this Agreement.
                                                                                       Article V
                          Article 111                          The Contracting Parties undertake to implement this
                                                               Agreement in such a way as to avoid any prejudice
The country of destination undertakes to make all              to the normal structure of domestic production and
necessary arrangements for the transport and                   international trade. To this end they shall take any
insurance of the product from point of delivery to             measures required to ensure that aid supplies are in
places of destination.                                         addition to, and do not replace, commercial
                                                               transactions which might reasonably be expected in
It undertakes to exercise the greatest possible care to        the absence of such supplies. In particular, the
ensure that the tendering arrangements for the                 country of destination undertakes to import
transport by sea shall not be prejudicial to the free          commercially from whatever source between 1 July
play of fair competition. Any problems arising in              1974 and 30 June 1975 a minimum quantity of
this connection shall be the subject of consultations          53 800 metric tons of common wheat, or its
under Article VIII .                                           equivalent in flour of common wheat.
 ---pagebreak--- 7. 12 . 74                         Official Journal of the European Communities                             No L 328 /47
                       Article VI                                 they have been sold, selling prices ; normal selling
                                                                  costs on the market of the country of destination;
The country of destination shall take all appropriate             insurance costs and, where appropriate, transport
measures to prevent :                                             costs from the port of discharge to the places of
                                                                  destination ;
— the re-export of the product received as aid and
    of products resulting from such supplies ;                3 . on 15 January every year until the special
                                                                  account has been fully used :
— the export, commercially or otherwise, within six
    months of the last delivery, either of local                   (a) state of this account (deposits and withdrawals)
    produce of the same nature as that received as                     on 31 December of the preceding year;
    aid or of any products resulting from it.
                                                                  (b) progress achieved in the project or projects,
                                                                       with an indication of the total amount of
                       Article VII                                     financing carried out at that stage.
The country of destination undertakes to inform the
Community of the mode of implementation of this
Agreement. To this end it shall provide the                                            Article VIII
Commission of the European Communities with the
following information :                                       At the request of either of them, the Contracting
                                                              Parties shall consult each other on any questions
1 . immediately after the discharge of each cargo :           concerning the implementation of this Agreement.
    port and date of arrival of vessel ; nature,
    quantity and any observations as to the quality
    of the product discharged; date on which
    discharge was completed; costs of sea transport                                     Article IX
    and of insurance relating thereto;
                                                              This Agreement shall be drawn up in duplicate in
2. every three months until the quantities received           the Danish, Dutch, English, French, German and
    as aid have been fully used : quantities sold, how        Italian languages, each of these texts being authentic.
 ---pagebreak---   No L 328 / 48                         Official Journal of the European Communities                                  7. 12 . 74
                                                             ANNEX
                                                   DELIVERY PROCEDURES
                         CHAPTER I                                  of destination and the carrier must have previously been
                                                                     agreed by the country of destination and the agent of the
                       General provisions                            Community.
                             Article 1                              The other costs referred to in the first paragraph shall be
                                                                    refunded by the Community only if they have been paid
  Delivery shall be effected and all risk shall pass from the       by the country of destination with the approval of the
  Community to the country of destination at the moment             Community .
  at which the goods are put down at the point of
  exportation named by the Commission of the European                                         Article 6
  Communities at the berth specified by the country of
  destination or its agent referred to in Article 3 and under
 the terms specified in this Annex. Without prejudice to            Where it is impossible for the Community to supply all
 Articles 8 and 9 the Community shall bear all costs prior          or part of the goods on the date and within the time
 to delivery and the country of destination those after             limits provided for in Article 7, the agents of the
  delivery.                                                         Community and of the country of destination may,
                                                                    without prejudice to Article 5, agree on a new date and a
                                                                    new time limit for the delivery of all the goods or of the
                            Article 2                               undelivered part thereof.
 On delivery of the goods, a tolerance of 5 °/o less than                                  CHAPTER III
 the quantity to be supplied in accordance with Article I
 of the Agreement is permitted.
                                                                            Obligations of the country of destination
                            Article 3                                                         Article 7
 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              ready for loading on a date falling within the period
 agent whose name and address it shall make known to               referred to in Article 4.
 the 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
                                                                   commencement of delivery as soon as he knows them, if
                            Article 4
                                                                   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             He shall establish with the agent of the Community the
 Commission of the European Communities and the                    schedule according to which delivery shall take place.
 country of destination shall establish by joint agreement
 the period during which delivery must begin.
                                                                                              Article 8
                        CHAPTER II                                Where the country of destination is unable to begin
                                                                   loading on the date provided for in the first paragraph of
               Obligations of the Community                       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
country of destination — for example, demurrage, void             shall in all cases except force majeure be borne by the
freight and dead freight — shall be borne by the                  country of destination.
Community .
                                                                  Should the new date provided for in the second
The charges and the arrangements relating to demurrage            paragraph be more than 30 clear days after the date for
laid down in the contract concluded between the country           loading provided for in the first paragraph of Article 7,
 ---pagebreak--- 7. 12 . 74                          Official Journal of the European Communities                            No L 328 /49
the Community may dispose of the goods without                under Article I of this Agreement and shall bear the costs
prejudice to its commitment under Article I of this           resulting from renunciation .
Agreement.
                                                              In any event, after an interval of 15 clear days and in the
                                                              absence of any notice on the part of the country of
                          Article 9                           destination, renunciation shall be deemed to have taken
                                                              place.
Where the quantity made available for loading on a
vessel 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 days after                                Article 10
loading has been completed, whether it intends to accept
or to renounce the balance.
                                                              Upon delivery of the goods, the country of destination
                                                              shall hand over to the authorized agent of the
In the former case the second and third paragraphs of         Community a certificate of acceptance which shall set
Article 8 shall apply to the balance, if delivery has not     out the port of shipment, date of acceptance and the
yet taken place.                                              nature and quantity of the goods accepted, together with
                                                              any comments on the quality of the goods. A copy of the
In the latter case the Community may consider that it has     certificate shall be sent to the Commission of the
discharged its commitment to the country of destination       European Communities.
               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 flour of common wheat as food aid, which the Council decided to conclude on
               3 October 1974, was signed in Brussels on 7 October 1974 , on behalf of the Council
               of the European Communities by :
               Mr Etienne Burin des Roziers, Ambassador Extraordinary and Plenipotentiary, Chairman
               of the Permanent Representatives Committee, and
               Mr Hans-Broder Krohn , Director-General for Development and Cooperation of the
               Commission of the European Communities,
               and on behalf on the Government of Mauritius by :
               Sir Leckrar Teelock, Kt, CBE, Ambassador Extraordinary and Plenipotentiary,
               Representative of the Government of Mauritius to the European Economic Community.
 ---documentbreak--- NA ---documentbreak--- 7. 12 . 74                          Official Journal of the European Communities                            No L 328 /49
the Community may dispose of the goods without                under Article I of this Agreement and shall bear the costs
prejudice to its commitment under Article I of this           resulting from renunciation .
Agreement.
                                                              In any event, after an interval of 15 clear days and in the
                                                              absence of any notice on the part of the country of
                          Article 9                           destination, renunciation shall be deemed to have taken
                                                              place.
Where the quantity made available for loading on a
vessel 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 days after                                Article 10
loading has been completed, whether it intends to accept
or to renounce the balance.
                                                              Upon delivery of the goods, the country of destination
                                                              shall hand over to the authorized agent of the
In the former case the second and third paragraphs of         Community a certificate of acceptance which shall set
Article 8 shall apply to the balance, if delivery has not     out the port of shipment, date of acceptance and the
yet taken place.                                              nature and quantity of the goods accepted, together with
                                                              any comments on the quality of the goods. A copy of the
In the latter case the Community may consider that it has     certificate shall be sent to the Commission of the
discharged its commitment to the country of destination       European Communities.
               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 flour of common wheat as food aid, which the Council decided to conclude on
               3 October 1974, was signed in Brussels on 7 October 1974 , on behalf of the Council
               of the European Communities by :
               Mr Etienne Burin des Roziers, Ambassador Extraordinary and Plenipotentiary, Chairman
               of the Permanent Representatives Committee, and
               Mr Hans-Broder Krohn , Director-General for Development and Cooperation of the
               Commission of the European Communities,
               and on behalf on the Government of Mauritius by :
               Sir Leckrar Teelock, Kt, CBE, Ambassador Extraordinary and Plenipotentiary,
               Representative of the Government of Mauritius to the European Economic Community.