CELEX: 51973PC0264
Language: en
Date: 1973-02-16 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION concluding an Agreement between the European Economic Community and the Republic of Peru on the supply of common wheat as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 264
Vol. 1973/0040
 ---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
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(73)264 final
                                                 Brus sels . 16 february 1973
                      RECOMMENDATTON FOR A COUNCIL DECISION
           concluding an Agreement "between the European Economic Community
                and the Republic of Peru on the supply of common wheat
                                  as food aid
                 ( submitted to the Council by the Commission)
   COM(73 ) 264 final
 ---pagebreak---                                    - 2 -                    ■ -ν  ■
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community , and in particular Articles 113 » 11^ and 228 thereof ;
Having regard to the Recommendation from the Commission ;
Whereas the European Economic Community has deposited a declaration
of provisional application of the 1971 Food Aid Convention ; whereas
this Convention has been in force since 1 July 1971 >
Whereas the Republic of Peru has applied for food aid by letter
dated 9 March 1972 ;
Whereas , ±x view of the supply situation for cereals in the Republic of
Peru , 13 300 metric tons of common wheat should be made available ,
by way of gift , to that country under the Community 's food aid
programme for 1971/72 ;
DECIDES :
                                Article 1
An Agreement is concluded , on behalf of the European Economic Community ^
                                         i
between the European Economic Community and the Republio of Peru for
the supply of common wheat as food aid .    The text of the Agreement is
annexed to this Decision .
                                Article 2
The President of the Council is authorized to appoint delegates to sign
the Agreement and to confer on them the requisite full powers on behalf
of the Community .
Done at Brussels ,           19– .
                                                For the Council
                                                The President
 ---pagebreak---                  - 3 -
               AGREEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
       AND THE REPUBLIC OF PERU
     ON THE SUPPLY OF COMMON WHEAT
              AS FOOD AID
 ---pagebreak---                                  -  + -
THE COUNCIL OF THE EUROPEAN COMMUNITIES
                                         of the one part
THE GOVERNMENT OF THE REPUBLIC OF PERU
                                         of the other part
HAVE decided to conclude this Agreement and have designated to this
end as their plenipotentiaries :
THE COUNCIL OF THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OF THE REPUBLIC OF PERU :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                 . . r.v , •i
                             ..s - Article I       «I ■   A .
As part of i,ts 1971/72 cereal . food aid programme , the European
Economic Community shall , by -.way of gift , supply to the Republic of
Peru , hereinafter called the recipient country", 13 500 metric tons
of common wheat .
                                   Article II           '
The wheat shall be delivered in -bulk fob Community ports .
         ' ■  .                    Article III
The obligations and responsibilities of the European Economic
Community and the recipient country relating in particular to delivery
and taking of delivery are defined in the Annex which forms an integral
part of this Agreement .                                                            .....
                                   Article IV
The recipient, country undertak.es to aake all . necessary arrangements
for the transport and insurance of the product , supplied from ports , of
shipment to places of destination .
It undertakes to exercise the greatest possible care to ensure that
tendering arrangements for transport of the product by sea do not
prejudice the free play of fair competition .                 Any problems arising
in this connection - shall be the subject of consultations unde'fr - ' <
Article IX of this Agreement .
                                   Article v                               . • ■       . .
                 . -                I" ■   1 '<!■■■■                           I ,
The recipient Country undertakes to use the product recfeived as food-
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 .        •       *                                 •-<
 ---pagebreak---                                    - 6 -
The proceeds from this sale , less the cost of transport by sea ,
relevant insurance costs and the normal marketing costs on the
recipient country 's market , shall be paid into a special account at
the Central Bank and allocated to the financing of one or more
development projects to be proposed beforehand 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 international trade .   To this end they shall take any
measures required to ensure that supplies received as aid are in
addition to , and do not replace , commercial transactions which might
reasonably be expected in the absence of such supplies .        In particular ,
the recipient country undertakes to import , on a commercial basis from
all sources^ a minimum quantity of '600 000 metric tons of common wheat , -
or its equivalent in flour of common wheat , between 1 July 1972 and
30 June 1973 .
                                Article VII
The recipient country shall take all necessary measures to prevent :
- re-exportation     of the product received as aid and of products
  and by-products derived from such supplies ;
- commercial or non-commercial exportation , within six months of the
  la&t delivery , of locally-grown common wheat similar to the product
  received as aid and of products and by-products derived therefrom .,
                                Article VIII
The recipient country undertakes to inform the European- Economic .
Community of the manner in which this Agreement is implemented .        To
this end it shall provide the Commission of the European Communities
with the following information :                                      \
                                                        • ••/ • * •
 ---pagebreak---                                    - 7 -
                                                                          r
- not later than thirty days after the unloading of each cargo :
  ports and dates of arrival of the vessel ; nature , quantity and
  quality of the products unloaded ; date on which unloading was
  completed ;
- every three months until the quantities received as aid have been
  exhausted : quantities sold , method of marketing , prices ; normal
  marketing costs on the recipient country 's market ;
- on 15 January of each year until the special account has been fully
  used :
  - position of the account ( deposits and withdrawals ) at
    31 December of the preceding year ;
  - state of advancement of projects with an indication of total
    financing 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 , German , English,
French , Italian , Dutch and Spanish languages , each of these texts
being equally authentic .
 ---pagebreak---             ANNEX REFERRED TO IN 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 ail costs subsequent to delivery of
the goods , including costs of stowage and , where appropriate , trimming
                                                                \
and bagging costs .
Any demurrage costs or any dispatch money at the port of shipment
shall be a charge on or for the " benefit of the European Economic
Community and shall be determined before th& vessel sails .       The
rates and detailed arrangements applying thereto laid down in the
contract between the recipient country and the carrier must have
  i .1                              « • .
been agreed upon in advance by the recipient country and the authorized
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 porta, of shipment , the quantities to be
delivered at ea:ch port , the period within which loading must begin
and the daily "loading rate .
 ---pagebreak---                                 Artici  3
The European Economic Community must be ready to load the goods on
the date , resulting from the information referred to in Article 8 ,
on which the vessel should be ready for loading .
                                Article 4
On delivery a tolerance of 5% less than the quantity to be supplied under
Article 1 of the Agreement is permitted .
                                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 .
                                Article 6
The recipient country shall , within the period referred to in Article 2 ,
procure for the European Economic Community 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 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 ship should" be ready for loading in accordance
with Article 8 , the goods may be disposed of by the European Economic
Community .
Whatever the circumstances , the goods shall be held at the expense , risk
and peril of the recipient country .
 ---pagebreak---                                  - 10 -
                               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 because of
circumstances beyond the control of the European Economic Community ,
the balance shall be loaded on to 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
date on which the recipient country gives notice in writing that it
renounces this balance , the goods shall be held at the expense , risk
and peril of the recipient country .
The recipient country must inform the European Economic Community , within
a maximum period of 30 clear days from the day on which loading of the
shipment with which these goods should have been loaded began , of the
date on which loading of this balance is due to begin or of its
renunciation of this balance .
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 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 port or , wherever
possible , 20 clear days prior to that 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 the port of shipment .
 ---pagebreak---                                     11 -
                               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 .
The recipient country shall nominate a receiving agent in each port
of shipment , whose name and address shall be made known to the
European Economic Community before the Agreement is implemented .