CELEX: 51973PC2161
Language: en
Date: 1973-12-21 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Democratic Republic of Somalia for the supply of flour of soft wheat and rice as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 2161
Vol. 1973/0392
 ---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)2161 final
                                                    Brussels . 21 December 1973
                         RECOMMENDATION' FOR A
                           COUNCIL DECISION
    on the conclusion of an agreement "between the European Economic
       Community and the Democratic Republic of Somalia for the
          supply of flour of soft wheat and rice as food aid
             (submitted to the Council "by the Commission)
                                            • \
COM(73) 2161 final
 ---pagebreak---                Communication from the Commission to the Council
 At its meeting on 15.10.73 » "the Council , acting on the basis of a
 recommendation for a decision submitted to it by the Commission on
 16.7.73 , decided to grant 10 000 metric tons of soft wheat and. 5-000
 metric tons of rice to the Democratic Republic of Somalia as part of
 the Community 's 1971/72 food aid programme . The agreement on this aid
 has not yet been signed .
 By telex of 23.10.73 » "the Somali Embassi requested on behalf of its
 Government that , contrary to what had originally been requested the
 10 000 metric tons of soft wheat be supplied in the form of flour ,
"since it would be impossible to process the wheat locally'.'
 In view of the reasons given , the Commission considers that a favourable
 answer should be given to the request from Somalia . It recommends that
 the Council alter the text of the Draft recommendation for a Council
 decision on the conclusion of an agreement between the European Economic
 Community and the Democratic Republic of Somalia for the supply of flour
 of soft wheat and rice as food aid , in this sens amended .
 ---pagebreak---                     RBCOI'SWTOATTOff FOR A
                      COTOTCTL DTgCISIOfl" '
on the conclusion of an agreement "between the European Economic
Community and the Democratic Republic of Somalia
  Λ
for the supply of flour of soft wheat and. rice as food aid.
 ---pagebreak---                                  - 1 -
the couiio:i:L o? mrps EunorRAK coi-a-njirt'TXiis ,
Having regard 'to the" treaty establishing 'tho European Economic Community,
and in particular Articles 113 ^ 114                220 "thereof ; -
Having regard "to the Recommendation from the Commission ;
Whereas the European Economic Community has deposited a Declaration for pro­
visional application of the 1971 Pood Aid Convention ; whereas that Convention
has "been applicable since 1 July 1971 J
Whereas the Democratic Republic of Somalia , by its letter of 2 February 1972 ,
has requested food aid ; in the form of soft wheat and rice ,
Whereas by letter of 23.10 . 73 the Somalia Republic requested that , in view of
the impossibility of processing the product locally , the soft wheat be supplied
in the form of flour ,
Whereas in view of the cereal supply situation in the Democratic Republic of
Somalia that country should be accorded , by way of gift , 10 000 metric' tons
of soft wheat in the form of 6 623 metric tons of flour of soft wheat and
5 000 metric tons of rice , under the food aid programme of the Community for
1971/72 ,
ΤΚ0ΤΌ.ΤΓ,·
                                Article 1
                                                                       *
On behalf of the European Economic Community an Agreement , the text whereoi
ia annexed hereto , shall be concluded between the European Economic Community
                                                                                    r
and the Democratic Republic of Somalia for the supply of flour of soft -wheat
and rice as food aid .
                                Article 2
Tho President of the Council is hereby authorized to > designate those who are
to' Bign the Agreement and to confer on them the requisite powers to bind the
Community.                                                           T
                                                                     *
                                                                                  .  »
Done at Brussels ,              19 »...                                 For the Council
                                                                         The President
 ---pagebreak---                     AGHEi'dlEïîT
           TII13 EUROPEAN ECOITOI-HC COI^TUIJITY
AMD Ti;3 DEMOCRATIC REPUBLIC OF SOMALIA
Off TI1F, SUPPLY OF FOOD AID HT ri'HE FORM OF
FLOUR OF SOFT ViHMT AND RICE .
 ---pagebreak---  •JUfci! COUjTfí.TI, 07 ÍPilG EWfOraW COlMUNiaTiíS ,
                                                        on "the onc hanu ,
 5'H3 GOVEW&M 01* TIIJ3 DEMOCRATIC REPUBLIC OF SOMALIA
                                                        on the other hand ,
HAVE D3CH)'i ) to conclude this Agreement and to this end have designated
an their plenipotentiaries ?
T1LS COUî'GIL 0? Tflï! FJPtOPSAîT C0mWITIE3 *
TIK COVirj?ir!?:T OF TUB DEI.!OCRATIC REPUBLIC OF SOMALIA :
IffiO HAVjU AGRE3D A3 FOLLO'.JS :
 ---pagebreak---                                 Article . T. .
 As a pnrt of its J'ood Aid Programae (Corcals ) for . 197 1/7-2, the European I
 Economic. Community shall supply , by way of gift , the Democratic Republic
 of L>oiualia hereinafter referred to as the "recipient country ". wi.j,h
                                                                               (
 10 000 metric tons of soft wheat in the . form of 6 623 metric tons of flour!
 of soft wheat and 5 000 metric tons of rice .
                     ».         Article II
Deliveries will "be made cif to ports of unloading of the recipient country
 in new cotton bags containing a net weight of 50 kg each for the wheat and
 in new jute bags of a net weight of 50 kg each for the rice .
                                Article III
The obligations and responsibilities of the European Economic Coirjcauty
and of the recipient country relating to delivery and the teJcing of delivq
arc defined in the Annex which forms an integral part of this Agreement .
                                    *                                          i
                                Article TV
The recipient country "undertakes to make all necessary arrangements for
the transport and insurance of the product from ports of unloading to
places of destination .
                                Article V
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 coraparaf
quality .
The proceeds from this sale , less the normal cost of selling the product a
the recipient country 's market , will be paid into a special account in the
Central Bank and allocated to the financing of one or more development
projects which have already "been proposed "by the recipient country and
approved "by the European Economic Community.
 ---pagebreak---                                      .    / vMr.îo vr
Tho Contiwotinj; rM'tioq undertake to inplonent thJs A&reeiacnt in euoh a way
as to avoid raxy prejudice to tlio normal structure of domestic rarodi-nticn and
international tr.?de , To thto end they shall *fcaVe any measures required to
ensure that aid nupolies are in addition to , and do not replf.ee "business
transactions which i;;if,ht reasonably "be expected in the absence of euch supplies
In particular , the recipient country undertake a to import commercially from
whatever courcc "between 1 July 1973 and. 30 June 1974 a minimum quantity of
metric tons of                             -    :      , .            -
                                         •Artici e VII
The recipient coir..try Glial 1 take any m'eacuree required to prevent ;
(i )  The re-export of the products received as aid and any products or ■
      by-p^o&uet': derived therefrom }                            '
(ii ) The export , comercially or otherwise , within six ir.onth3 of the last
      delivery t
              V
                             „
                            ,* . · &
                                             „•  . 1· : «ι :+ γ(Μ
      - of locally produced soft wheat of the same kind as that used to ,
        produce the flour received as aid or of processed products derived
        from such wheat ,
      - of locally produced rice of the same kind as that received as aid
        or of any products or by-products derived therefrom .
                                                                        »
                                        Article TOI
                                                                            r
Thp recipient country undertakes 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 :
(i )  Not later than thirty days after the unloading of each cargo : ports
                          «
      and dates of arrival of the vessel j nature , quantity and quality of
                                                                          •
      the products unloaded : dato on which unloading was '-completed:
(ii ) Every three months until the quantities received as aid have been fully
                                       4                            _
      used } quantities sold , how they havo been sold , selling prices j normal
      selling coats on the recipient country's market ;
 ---pagebreak---         On 13 Jrmu.'.'.ry ovory yonr until tho inpooirO. recount IrTj 'bcon fully
        useu :
        ( a ) State of •thin account ( incoming end out^oin^R on 31 Poccmhtir of 1
              the preceding yoarj                                                 !
        ("b ) Progress achieved in the project of projects , with an indication oi
              the total amount of financing undertaken at that sta^e .
                                    Article IX
At "the request of cixher of them , the Contracting Frrticrj shall consult each
other on any questions concerning the implementation of tMc Agreement .
                                    Article X
This Agreement is drawn up in duplicate m the Danish , Dutch , Ih£J iuh , French
German and Italian lanrua/jos , each of these texts "being equally authentic .
 ---pagebreak---                 ATkTYl RKK^UTJn *J 0 IJT AIÎTICK3 III OF Tiia AGRKKL ^
                                     Arti ciò 1
                                                                                     0
Delivery shall be. effected and risks shall pass frora the European Economic
 Corir.nsnity to the recipient country at the moment v/hen the goods are actually
removed frora the ship's hold at the port of unloading . The recipient coxmtry
 eho.ll Lear all coats cuhr.ciitie.nt to delivery of tho goods , including unloading
costs ( such as \mstowing , hoisting end reception)and any lighterage costs .
Any demurrage costs or dispatch money at the port of "unloading shall "be a
charge on or for tho "benefit of the recipient country . The rates and detailed
                                          «
arrangements relating thereto laid down in the contract "between the authorised
agent of the Coruuunity referred to in Article 5 and- the carrier rjust have "been
agreed upon in advance "by the authorized agent and the receiving agent of the
recipient Coventry referred to in Article 5 *
                                     Article 2
The European Economic Community shall , as soon as possible after the goods
have "been loaded , notify the recipient country of the ship 's name , the date
of loading , the quantity and quality of the goods as recorded at time of
loading , and the port of unloading.
                                                                                    υ
                                     Article 3                              «*      r
                                                                               % •
The European Economic Community shall inform the recipient country of the
                                                                     *
vessel 's expected date of arrival at the port of unloading at least ten clear
days before that date .
                                                                >
                                                                ••     •«
The European Economic Community shall insert in the charter party a clause
requiring the captain to inform the rcoipient country at -least 72 hours in
                                                                   x
advance of the vessel 's estimated date of arrival in port#
 ---pagebreak---                                      hr-r :i fM n A
On delivery of the              P. tolerance rfnall "bo alloued of 5 $ less than 'the
qruwriity to "be (.-• applied vw'cr Article 1 of the Agreement .
                                     Article r)
To implement th c provisions of this annex , the jUuropean Econoirdo Conniuni-cy
chaH appoint an authorised agent r whose name and address shall "be made hio;rn
to the recipient country in good time . ,           .          .
The recipient country shall appoint a receiving a^ent in each port of tmlordii
whoco name and address uhal 1 "be made Joiovm to the European Economic Connunityj
before the Agrcenciit is implemented .