CELEX: 51973PC1497
Language: en
Date: 1973-09-07 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Arab Republic of Egypt for the supply of flour of soft wheat as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1497
Vol. 1973/0261
 ---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 OjF THE EUROPEAN COMMUNITIES
                                                          COM(73)1497 final
                                                        Brussels . 7 September 1973
                               RECOMMENDATION FOR A
                                 COUNCIL DECISION   ■ - .
        on the conclusion of an agreement "between the European Economic
       Community and. the Arab Republic of Egypt for the supply of flour
                            of soft wheat as food aid
                   ( submitted to the Council by the Commission)
   COM(73 ) 1497 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 deposited a Declaration for
provisional application of the 1971 Pood Aid Convention j whereas that
Convention has been applicable since 1 July 1971 1
Whereas the Arab Republic of Egypt , by its letters of 29 November 1971 and
23 August 1972 has requested food aidj
Whereas in view of the cereal supply situation in the Arab Republic of
Egypt-that country should be accorded , by way of gift , 20 000 metric tons
of soft wheat under the Community Food Aid Programme for 1971/72 and
13 000 metric tons of soft wheat for the 1972/73 programme . The amount of
33 000 metric tons of soft wheat will be provided in the form of 21 854
metric tons of flour of soft wheat .
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 Arab Republic of Egypt for the supply of flour of soft wheat as food
aid .
                                   Article  2
The President of the Council is hereby authorised 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
 ---pagebreak---                     AGREMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE
          ARAB REPUBLIC OP EGYPT
       CONCERNING THE SUPPLY AS POOD AID
          OP PLOUR OP SOFT WHEAT
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                                            or the one part ,
THE GOVERNMENT OP THE ARABE REPUBLIC OP EGYPT ,
                                            of tfce other part ,
KA3TE DECIDE to conclude this Agreement and. to this end have
designated as their plenipotentiaries :     •
                                                  • * •
THE COUNCIL OP THE EUROPEAN COMMUNITIES ■ :   ■
THE GOVERNMENT OP THE ARAB REPUBLIC OF EGYPT :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                       ARTICLE I
      The European Economic Conrcmnity shall supply the Arab Republic
of Egypt , hereinafter -referred to as the "recipient country " with
33 000 metric tons of soft wheat of which 20 000 tons forming part
of its food. Aid Programme for 1971/72 and 13 000 tons of the 1972/73
programmed . The amount of 33 000 metric tons of soft wheat will be
provided in the form of 21 854 metric tons of flour of soft wheat .
                      ARTICLE II
      Deliveries will be made fob to Community ports in new
jute sacks of a net weight of 67,435 kg each ( 150 lbs ).
                      ARTICLE III
       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 .
                      ΑΡ.ΤΤΓΙΞ IV
       The recipient couioiu-y undertakes to make all necessary
arrangements for the transport and insurance of the product
from ports of shipment to places of destination .
       It undertakes 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 purposes of consumption and to apply , for the sale of
 the product en 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 cost of selling the product on the
recipient country 's market , will be paid into a special account
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 international 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 1973 and 30 June 19?i- a minimum
quantity of 1 . 700 . 000 metric tons of ' soft wheat or its equivalent
 in flour of soft wheat *
                        ARTICLE VII ■
       The recipient country shall take any measures required to
 prevent :
 1 ) 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 monts of the
     last delivery, either of the product obtained locally and of
     the same nature as the product received as aid or of any products
     resulting from the 'processing of such wheat .
                         ARTICLE VIII
       The 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 Communi­
 ties with the following information :
                                                    /
 ---pagebreak--- i ) Hot 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 ;
ii ) Every three monts 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 foeen
      fully used :
      ( 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 on any questions concerning the imple­
mentation of this Agreement .
                       ÂRTICIE X
      This Agreement is drawn up in duplicate m the Danish ,
Dutch , English , French , German and Italian languages , each of
these texts being equally authentic .
 ---pagebreak---                   AHÏÏEX TO ARTICIE III OF THE AGKEEMEM1
                        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 triming 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 therto 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
The European Economic Community must be prepared to load the
goods on the date resulting from the , instructions in Article 8 ,
whereon the vessel should be ready for loading.
 ---pagebreak---                      Article 4
On delivery of the goods , a tolerance of 5% less than the
quantity to be . supplied., in accordance with 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 are recorded
on loading .
                     Article 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 poten­
tial 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 imj^riting at the latest by the date
on which the vessel should be ready for loading in accordance
with article 8 , the goods shall be at the disposal of the
European Economic Community .
Whatever the circumstances , the goods shall be hold 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 because of circumstances beyond the control of the
European Eocnomic Community , the balance shall be loaded into
the next vessel under the conditions laid down in this annex .
                                              /.
 ---pagebreak--- 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 he hold at the expense ,
risk and peril of the recipient country.
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 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 the European Economic Community
the vessel that is to ship the goods at least 10 clear days
prior tot the estimated date of arrival of the vessel in port
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
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       hours in advance of the vessel 's estimated date of
arrival in port .
                      Article 9
To implement the provisions of this annex , the European Economic
Community shall appoint an authorised 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 .