CELEX: 51973PC1158
Language: en
Date: 1973-07-11 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 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) 1158
Vol. 1973/0207
 ---pagebreak--- Disclaimer
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concernant l'ouverture au public des archives historiques de la Communauté économique
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p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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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
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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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.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(73)1158 final
                                                        Brussels , 11 July 1973
                             RECOMMENDATION FOR A
                               COUNCIL DECISION
               on the conclusion of an agreement between the
               European Economic Community and the hashemite
               Kingdom of Jordan for supply of flour of soft
                               wheat as food aid
                 ( submitted to the Council "by the Commission)
   CCM(73) 1158 final
 ---pagebreak---                                   - 1 -
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Articles 113 »        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 Food Aid Convention ; whereas that Con­
vention has been applicable since 1 July 1971 ;
Whereas the hashemite Kingdom of Jordan has requested food aid in regard
to the programme of 1972/73 •
Whereas in view of the cereal supply situation in the hashemite Kingdom of
Jordan that country should be accorded , by way of gift , 5 000 metric tons
of eoft wheat in the form of 3 311 metric tons of flour of soft wheat
under the Community Food Aid Programme for 1972/73 ;
DECIDES :
                               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 hashemite Kingdom of Jordan for the supply 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 b'ind the Community .
Done at Brussels ,         19 ... »             For the Council
                                                  The President
 ---pagebreak---                                  AC-REEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE HASHEMITE KINGDOM OF JORDAN
                     CONCERNING THE SUPPLY AS FOOD AID
                          OF FLOUR OF SOFT WHEAT
 ---pagebreak---                                - 2 -
THE COUNCIL OF THE EUROPEAN COMMUNITIES .
                                          on the one part ,
THE GOVERNMENT OF THE HASHEMITE KINGDOM OF JORDAN
                                          on the other part ,
HAVE DECIDED to conclude 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
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                   - 2 -
                               ARTICLE I
As a part of its Food Aid Programme ( Cereals ) for-1972/73 » the European
Economic Community shall supply the hashemite Kingdom of Jordan , here in after
referred to as the "recipient country", with 5 000 metric tons of soft
wheat in the form of 3 311 metric tons of flour of soft wheat .
                               ARTICLE II
Deliveries will be made in bulk fob to Community ports in new cotton
sacks of a net weight up 50 Kg . each .
                               ARTICLE III
The obligations and responsibilities of the European Economic Community
and of the recipient country relating to delivery and the taking of deli­
very are defined in the Annex , which forms an integral part of this
Agreement .                                           "
                               ARTICLE IV
The recipient country undertakes to make all necessary arrangements for
the transport and insurance of the product from ports of shipment to
places of destination .
                                           «■                       t
It undertakes to axercise 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 arid to distribute such products to the refugee
population free of charge .
 ---pagebreak---                                      - 3 -
                                 ARTICLE VI
                                 1 "  111  . .11
The Contracting Parties undertake to implement this Agreement in such a
way as to avoid any prejudice to . the normal structure of domestic produc­
tion and international trade,' To this end they shall take any measures
required to ensure , that aid supplies are in addition to , and do not re­
place , business transactions which might reasonably be expected in the
absence of such supplies .
                                  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 months 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 or by­
       products resulting from it .
                                  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 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 ; nature , quantity and quali­
        ty of the products unloaded ; date on which unloading was completed ;
( ii ) Every three months until the quantities received as aid have been
        fully used : a situation report giving , in particular , the number
        and nature of the recipients , the quantities distributed , and the
        place and method of distribution .
                                                          •A
 ---pagebreak---                                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
Thie Agreement is drawn up in duplicate in the Danish , Dutch , English ,
French , German and Italian Languages , each of these texts being equally
authentic .
 ---pagebreak---                  ANNEX TO 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 all costs subsequent to delivery of the
goods , including costs of stowage and , where appropriate , of trimming and
bagging .
Any demurrage costs or dispatch at the port of shipment shall be a charge
on or fo t the benefit of the European Economic Community and shall be deter
mined before the vessel sails . The rates and detailed arrangements rela­
ting 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 authorised agent of the European Economic Community
referred to in Article 9-
                               Article 2
The European Economic Community shall notify the recipient country m
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 .
                               Article k
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 .
 ---pagebreak---                                   - 2 -
                               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 quanti­
ty and quality of the goods as recorded in 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 correspon­
ding 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 accor­
dance 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
of if the quantity made available , for loading on a vessel of suitable ton­
nage 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 .      ■ ■■■ .                                        s
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 be hold at the expense , risk and peril of the recipient
country .
 ---pagebreak---                                  - 3 -
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
                                                            I.
balance .
If this obligation is not respected , the European Economic Community may
consider that it h^s 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 esti­
mated 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 Europeaft Economic Community at least 72 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 icountry 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 .