CELEX: 51974PC2088
Language: en
Date: 1974-12-17 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Republic of India 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) 2088
Vol. 1974/0346
 ---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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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,
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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,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                           COM(74)2088 final
                                                           Brussels , 17 . December 1974
                                RECOMMENDATION FOR A
                                     ■>* i ■ i an * »
                                  COUNCIL DECISION
              on the conclusion of an agreement "between the European
               Economic Community and the Republic of India for the
                           supply of cereals as food aid
                 ( submitted to the Counoil by the Commission)
  COH(74 ) 2088 final
 ---pagebreak---   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
  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 Commissions
                                                                        *• ' ;
  Whereas the European Economic Community has concluded the second Convention
  relating to food aid^\
  Whereas the Republic of India              , by its letter of «' 31*5*1974
  has requested food aid ;                                   .  .
 Whereas in view of the cereal supply situation in India , that country
  should be accorded , by way of gift ,  30 000 tonnes of soft wheat under the
  Community Food Aid Programme for 1973/74 }
 DECIl^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 Republic of India              for supply of soft wheat 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 tho Community .
 Done at Brussels ,                19
                                                       For the Council
                                                        The President
( 1 ) J.O. L 239 du 9*».74 , p. 19
 ---pagebreak---                AGREEMENT
BETWEEN" THE EUROPEAN ECONOMIC COMMUNITY
AND THE REPUBLIC OF INDIA            ON
THE SUPPLY OP FOOD AID IN THE FORM OF
CEREALS .
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMiUNITIES ,
                                          of the one part ,
THE GOVERNMENT OF THE REPUBLIC OF INDIA
                                          of the other part ,
HAVE DECIDED to conclude this Agreement and. to this end have
dosignated as their plenipotentiaries :
THE COUNCIL OF THE EUROPEAN COMMUNITIES s
THE GOVERNMENT  OF TIIE REPUBLIC OF INDIA t
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                             ARTICLE  I
The European Economic Community shall supply by way of gift to the
Republic of India     ( heroafter referred, to as "the recipient country ") a
quantity of 30 000 tonnes        of soft wheat under the Community 's food aid
programme in cereals for 1973/74 •
                                                          I
                            ARTICLE  II
Deliveries will 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 aritdng in this connection shall be "J;^e 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 of this sale , evaluated on a lumpsum basis by
agreement between the European Economic Community and the recipient country , shall
be entered as revenue in the budget of the Central Government . They shall be used
for the financing of development projects which shall be communicated by the
recipient country and which shall not call forth any observations on the part of
the Community .
 ---pagebreak---                                 ARTICLE   V
The Contracting Parties' undertake to implement this Agreement in bucti a way
as to avoid, any prejudice to the normal structure of national productifc*
and international trade. To this end they shall take any measures require&v^\^
 to ensure that supplies as aid are in addition to and do not replace "business ^
 transactions which might reasonably be expected in the absence of such supplies*
                                ARTICLE   VI
The recipient country shall take all steps required to prevent
( i ) the re-export of the product received as aid and also of any products
        * 6nd by-products resulting therefrom ;
( ii ) the export , commercially 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 .                  •
                                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 ) On 15 January every year until the special account has /been fully
        expanded. :
           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 .
 ---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 moment at which the goods are put down at the point of exportation
 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 specified in the following articles . Without prejudice to Articles $ an
•9 "the KLC.. shall bear all costs up to delivery and the recipient country these
beyond delivery .
                                 Article    2
 On delivery a tolerance of 5           less than the quantity of the product to be
 suoplied in accordance with article I of the Agreement shall be admissible .
                                 Article   3
The ESC shall appoint an agent to implement the provisions of the present
 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 cf ship­
ment , whose name and address it shall make knovm to the EEC with all
despatch and if possible beforo the appointment of agent of the EEC .
                                 Article   4
Beforo implementing the procedures for appointing the agent of the EEC
referred to in Article 3 » "the Corrjiiission of the European Communities and
the recipient country shall jointly establish the period during which
delivery must ce.jin .
                                                                         «
                  Ob 1 5 rations cf the European Economic. Community
                                                                                    4
                                 Article   5
Saould the ESC not be in a position to carry out delivery on the date and
( if a-u\li cable ) cn the schedule as provided in Article 7i all costs
arini-'i for the recipient country - for exaiaple demurrage void freight              I
and d -: :-.d frex-'/ii - shall bo borne by the EEC .
 ---pagebreak--- Ths charges and the arrangements relating to demurrage laid, down in the
contract between the recipient country and the carrier must have teen
                                             l
agreed in advance by the recipient country and the agent of the jtEC .
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 Article 5 > 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 .
                   Obligations of the recipient country
                                Article  7
After contacting the EEC , the recipient country shall procure one or more
vess-els 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
immodately on' learning it , and also that for co:nmencement of delivery ,
if possible twenty days in advance and in any case ten days before the date
for commencement of delivery .
He shall establish with the agent of the EEC the schedule to which delivery
shall take place .
                                Article        .                   ,
Should the recipient country be unable to begin loading oh the date provided
for in Article 7 » paragraph 1 , the a^ent of the recipient country shall
inform the agent of the EEC without delay ."
 ---pagebreak---    In this event a new date for the commencement of delivery and ( if applicable )
   a new schedule could be agreed between the agents of the EEC and of the
   reoipient 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 under 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 .
   In the former case the provisions of Article 8 , paragraphs 2 and 3 , shall
   apply to the balance , if delivery has not yet taken place .
   In the latter case the JEEC may consider that it has discharged its commitment
   to 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
   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 , and send a copy thereof .
   to the Commission of the European Communities .                              •