CELEX: 51973PC0331
Language: en
Date: 1973-03-01 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION concluding an agreement between the European Economic Community and the Hashemite Kingdom of Jordan on the supply of flour 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) 331
Vol. 1973/0053
 ---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
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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
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(73)331 final
                                                   Brussels , 1 March 1973
                      RECOMMENDATION FOR A COUNCIL DECISION
                  concluding an agreement "between the European
                  Economic Community and the Hashemite Kingdom
                  of Jordan on the supply of flour of common
                  wheat as food aid.
                    ( Submitted to the Council by the Commission)
   COM(73 ) 331 final
 ---pagebreak--- THE COIMCIL OF THE EUROPEAN COM-IUHITIES ,
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   Economio Community has deposited a declaration of
provisional application of the 1971 Pood Aid Convention ; whereas that
Convention has been in force since 1 July 1971 »
Whereas , in view of the supply situation for cereals in the Hashemite Kingdom
of Jordan, 5 000 metric tons of common wheat in the form of 3 311 metric tons
of flour 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, between
the European Economic Community and the Hashemite Kingdom of Jordan 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-–*
                                                    Por the Counoil
                                                    The President
 ---pagebreak---                Agreemerrt
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
AND THE HASHEMITE KINGDOM OP JORDAN ON
THE SUPPLY OP FLOUR OP COMMON WHEAT AS
POOD AID
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES .
                                           of the one part .
THE GOVERNMENT OP THE HASHEMITE KINGDOM OP JORDAN,
                                           of the other part ,
Have decided to conclude this Agreement and have designated to this end
as their plenipotentiaries :
THE COUNCIL OF TIIE EUROPEAN COMMUNITIES :
THE GOVERNMENT OF THE HASHEMITE KINGDOM OP JORDAN :
WHO HAVE AGREED AS FOLLOWS :
   >
 ---pagebreak---                                      Article I
Under its food aid programme for oereals for ASIA/ 12 the Europeari Economic
Community shall , "by way of gift ," supply to the Hashemite Kingdom of Jordan,
hereinafter called "the recipient country", a quantity of 5 000 metric tons
of common wheat in "the form of- 3 311 metrio tons of flour of common wheat .
                                     Article II
Deliveries shall be fo"b Community ports in new cotton "bags containing
50 kilogrammes net weight .
                                     Article III
The obligations and responsibilities of the European Economic Community and
of the recipient country relating to delivery and taking of delivery are
defined . in the Annex which forms an integral part of this Agreement *
               " ' '    "            Article TV '            " *
The recipient country undertakes to .make all necessary arrangements for
the transport and insurance of the products supplied from ports of
shipment to places of destination.'              '•
It undertakes to exercise the greatest; possible -. care to ensure that tendering
arrangement s 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 under Article IX of this Agreement .
                                     Article 7
The recipient oountry undertakes to use the product received as food aid for
consumption and to distribute it free of charge to refugees .
 ---pagebreak---                                   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 food aid are in addition to , and do not
replace , commercial transactions which might reasonably be expected in the
absence of such supplies .
                                  Article VII
The recipient country shall take any measures required to prevents
– re–exportation of the product received as food aid and of products derived
  from such supplies ; *
– commercial or non-commercial exportation , within six months of the last
  delivery, of locally–produced common wheat similar to that used to
  produce the flour received as food aid and of by–products derived from
  such wheat *
                                 '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 :
– 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 .
                                                                   •/
 ---pagebreak--- «• every -three months until the quantities received as aid have "been
   exhausted : quantities distributed, number and nature of "beneficiaries ,
   places , rate and manner of distribution.
                                   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 and Dutch languages , each of these tescts being equally
authentic *
 ---pagebreak---  AMEX REFERRED TO DT ARTICLE III OP 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 tvhich the goods have
"been placed in the ship 's hold at the port of shipment .
 The recipient country shall bear all c6sts subsequent to delivery of the goods
 including costs of stowage , and where appropriate , of trimming and bagging.
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 the vessel sails# . The rates- and detailed arrangement's
applying thereto 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 authorized agent of the European Economic Community
referred to in Article 9#
                                   ··"··*·'·■··  ' · ' 1Λ
                                 : . . Artide ,2 ,:. f
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 information referred to in Artiole 8, on which the vessel
should be ready for loading.              -r ■ ■                        J ""
 ---pagebreak---                                      - 2 -
                                    Article 4
 On delivery a tolerance of 5% less - than the quantity to "be supplied under
 Article I 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 in Article 2 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 vessel should be ready for loading in accordance with
the conditions in 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 .
                                     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 onto 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 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 I 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 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 12 hours in
advance of the vessel 's estimated date of arrival in the port of shipment .
                                    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 reoipient 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.