CELEX: 51974PC1509
Language: en
Date: 1974-09-23 00:00:00
Title: Recommendation for a COUNCIL DECISION on the conclusion of an Agreement between the European Economic Community and the Hashemite Kingdom of Jordan 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) 1509
Vol. 1974/0242
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak---        COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                COM( 74 ) 1509 final
                                                                Brussels , 23 September 1974
                                      Recommendation for a
                                       COUNCIL DECISION
                           on the conclusion of an.        mi "between
                            the European Economic Community and. the
                           Hashemite Kingdom of Jordan for the supply
                                   of cereals as food aid
                         ( submitted to the Council "by the Commission )
\
  \ \
       CCI>ï( 74 ) 1509 final
     \
 ---pagebreak---  THE COUNCIL OF Tlffi EUROPEAN. C '.35UNITIES
                                         \
                                              ,
                                           \
 Having regard to the Treaty establishing the European Economic Community
 and in particular Articles 113 » H4            228 theroc }
 Having regard to the proposal from tho Coinmissior ,                 .
         /
 Whereas the European Economic Coramunity_" has conc3' ded the second onve
                         (1)                         '•
 relating' to food aidx - . .. .                 ' - •     ...
                                                              j
Whereas , in view of the supply situation for cereals in the Hashemite King
of Jordan should be made available , by way v gift , to that country a quant " y
of 13.500 tonnes of cereals , of which 1 500 tonnes are attributable to the 1970 71
cereals program and 12.000 tonnes to thf 1973/74 program. This quantity shall
supplied; in* the form of 8.940 tonnes 01 flour of soft wheat .
HAS DECIDED :
                                    Article  1
  An Agreement between the European Economic Community and the Hashemite King
  of Jordan for the supply of. flour of soft wheat as food aid Is hereby concluded on
  behalf of the European Economic Community. The texts, of the Agreement is annexed
                                                                  *        ,
  to this Décision .
                                     Article  2
  Tho President of the Council is authorized "to designate          e pers
  empowered to sign the Agreement and to cr'.ifer on "them the powers r qu'
   in order to bind the Community#
  Done at Brussels ,                              For the Gouncii
                                                  The Président ,
   ( 1 ) OJ. L 219 of 9.8.1974, P * 19 .
 ---pagebreak---                AGREMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
AND THE HASHEMITE KINGDOM OF JORDAN ON
THE SUPPLY OP FOOD AID IN THE FORM OF
CEREALS .
 ---pagebreak---  THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                     of the one part ,
THE GOVERNMENT OF THE HASHEMITE KINGDOM OF JORDAN
                                     on the other part ,
                                               j
HAVE DECIDED to conclud this Agreement and to this end have
designated as their plenipotentiaries :
                                           /
THE COUNCIL OF THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OF THE HASHEMITE KINGDOM OF JORDAN t
WHO HAVE AGREED AS FOLLOWS t
 ---pagebreak---                                  ARTICLE       I
  The European Economic Community shall , by way of gift , supply to the Hashemite
  Kingdom of Jordan ( hereinafter referred to as "the recipient country'^, a quantity
  of I3.5OO tonnes of cereals ,     of which 1.500 tonnes are attributable to the
  1970/71 cereals food aid program and 12.000 tonnes to the 1973/74 program . This
  quantity shall' be supplied in the form of 8.940 tonnes of flour of soft wheat .
                                 ARTICLE       II
 Deliveries shall be effected FOB in new cotton sacs with a net weight of 50 kg
  each under the arrangements provided in the Annex which forms an integral part
  of the present Agreement *
             r". \                  /.TîTICI.îî III
 The recipient country undertakes to ir.akc nil necessary ari'aviser.-.entr; Tor the
 trayoport end insurance of the products from point of delivery to plr.ee 3 of
 tie Klin at ion .                "                                                  .
 It "undertakes to exercise the greatest care to ensure that the tendering car ?;
 f,omenta: for sea transport do not prejudice the free play of fair ■ competition .
 Any problems arising in this connection shall be the subject of consult ?.! ions
 under Article VIII of the present Agreement#                             .
■ '   '■ ' ' ■'               '     ARTICLE IV
                                    ...    ––~–               *
                                                                          .
 rne recipient country undertakes to use the product received as aid for pur­
 poses of consumption and to distribute it free to the refugee population .
                                    ARTICLE      V
                                                                      t
 The Contracting Parties undertake to implement this Agreement in such a way
 as to avoid any prejudice to the normal structure of national production and
 international trade . To this end they shall take any measures required 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 .
 ---pagebreak---    In particular ♦ the recipient c Jiuitry undertakes to import commercially from
   whatever source between 1 January 1974 and 31 December 1974 a minimum quantity
   of 19.100 tonnes of soft wheat or its equivalent in flour of soft wheat .
                                     /JÎ'J'IC m VI ■ ;
T)je "recipient country shall "take all steps required to " prevent :
( i ) ihe re-export of the product received as aid pr,& also of any products
        resulting therefrom :                                 '
( ii ) !.1>e export ^ commercially or otherv:isc , within a period of six r.ionthrs
                              »                        •
         conwicincing from the final delivery ^ either of any product procured
         locally of the seine nature as "Hi at received ns aid , or of any products
      ; résultons therefroM *                               •       •.
          *                                              * »
                       •   *                         *
                                     ARTICLE VII                ' -    '
une recipient country undertakes to inform the European Economic Community
of hov: this Agreement is implemented . To this end it shall provide the
Commission of the European Communities with the following details :
( i ) Immediately after the \mloading of each cargo ": ports arjd dates of
     . arrival of vessel ; nature , quantity end any observations as to the
      . quality of the products unloaded; date on v.'hich unloading y?as coinpleted ;
        costs of sea transport and of insurance relating thereto ;
(ii ) Every three months until the quantities received as aid have V-ecn fully
         \ised : quantities distributed ; number and nature of "bsncficiarj.es ; place
      .. rates and rnsthod of distribution *
 ---pagebreak---                                        - 4 -
                                   ARTTCttë VIII
The Contracting Parties shall .at the request of cither consult each other
on any quest ion3 concerning the implementation of this Agreement .
      /                                          "                    •
 *                         t    . • •
                                * ;J7TICJI.?3 IX
This - Agreement is &rav?n up in duplicate in the Danish , Dutch t English , French ,
German and Italian languages , each of'thecc -texts li&vii>£' equal force .
                                                         j
 ---pagebreak---              '                 A rticle  1
  s*""
Delivery shall be effected and risks shall pass form the European Economic
Community , hereinafter referred to as the EECj to the recipient country at
the moment at which the goods a,re 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 311d. under the
terms specified in the following articles * Without prejudice to Articles 8 and
                                             •         *
9 the EEC shall bear all costs up to delivery and the recipient country those
beyond such delivery .     >.
                              Article   2
On delivery a tolerance of 5 less than the quantity of the product to be
supplied in accordance v:ith article I of the Agreement shall be admissible: »
         Y •
          '                   Article
The EEC shall appoint an agent to implement the provisions of the present
Annex - or for each consignment - whose nane and address it shall rnake
known to the recipient country immediately following his appointment .
The recipient country shall appoint an agent in the port or ports of ship­
ment , whose name and address it shall make known to the ESC with all
despatch and if possible before the appointment of agent of the ESC .
       I               #                       '
                              Article   A
Before implementing the procedures for appointing the agent of the EEC
referred to in Article 3 , the Commission of the European Communities and
the recipient country shall jointly establish the period during which
delivery, must begin .
               Obligations of the European Economic Community
                             Article    5
Should' the EEC not be in a position to carry out delivery on the date and
( if applicable ) on the schedule as provided in Article 7 > all costs
arising for the recipient country - for example demurrage void freight
and dead freight - shall be borne by the EEC *
 ---pagebreak---                                                   \
                                                •   \
   The charges and the arr&n^om&rity ralati»tj io demurrriijo laid dov.it in tho
   contract between the recipient country and the carrier must have been
   agreed in advance by the recipient country and the agent of the EEC .
  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' 1DEC .
            /
         t* »
                                  Article   6
   Should it prove impossible for the EEC to supply all or part of the goods
  on the date and within the time-liinits 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 récipient country
                                  Article   7
  After contacting the .EEC , the recipient country shall procure one or more
  vessels 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
  immediately on learning it , and also that for commencement 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   o
  Should the recipient country be unable to begin loading on the date provided
  for in Article 7 , paragraph 1 , the agent of the recipient country shall
  inform the agent of the > EEC without delay *
 ---pagebreak---      In this oventT/ new data for the commencement of delivery and ( if applicable )
    a new schedule could be agreed between the agents of the MSG and of the
s*'re"cxpiicr) E country . - Tnc 'cbstis" arising from 'this delay shall In' all " cases " ' w • ' '
     except force majeure be borne by the recipient country .
     Should the new date provided for in j>aragraph 2 be more than 30 clear days
    after the date for loading provided for in Article 7i paragraph l f the EEC
    may dispose of the goods v/ithout prejudice to its commitment under Article 1
    of this Agreement .             .          •
                                             Article  9
    If the quantity made available for loading on & 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 o , paragraphs 2 and 3 > shall
    apply to the balance , if delivery has not yet taken place .
    In the latter case the EEC 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 an^t^cpKm ti ty^oi^fTe^ocfdis accepte'd " and         –=~~i
    including any comments on the quality of the goods . and send a copy thereof to
    the Commission of the European Communities .                    1