CELEX: 51974PC0059
Language: en
Date: 1974-01-28 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Republic of Somalia for the supply of cereals as food aid

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 59
Vol. 1974/0012
 ---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
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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.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM( 74 ) 59 final
                                                 Brussels , 28 January 1974
                          RECOMMENDATION FOR A
                            COUNCIL DECISION'
   on the conclusion of an agreement "between the European Economic
   Community and the Republic of Somalia for the supply of cereals
                              as food aid
             ( submitted to the Council by the Commission)
  C0M(74 ) 59 final
 ---pagebreak---  THE COUNCIL OP THE EUROPEAN COISIUOTTIES ,
 Having regard "to the Treaty establishing trie European Economic Community ,
 and in particular Articles 113 . 114 and 228 thereof :
                               /
Having regard to the Recommendation from tne Commission ;
Whereas the European Economic Community has deposited a Declaration for
 provisional application of the 1971 Food Aid Convention ; whereas that
Convention has "been applicable since 1 July 1971 ;
Whereas the Republic of Somalia by its letter of 20 December 1972 ,. has requested
food aidj ------
Whereas in view of the cereal supply situation in the Republic of Somalia
that country should be accorded , by way of gift ,      7 000   metric tons of
cereals in the form of 3 000 metric tons of husked rice and 4 000 metric tons
of. soft wheat in the form of 2 649 metric tons of flour of soft wheat under the
Community Food Aid Programme for 1972/73 .
  DECID7J3 :
                                Article 1
  On behalf of the European Economic Community an Agreement , the text whereci
   is annexed hereto , shall be concluded between the European Economic jjorzaunity
   and the Republic of Somalia           for the supply of husked rice and flour of
  soft" wheat as food aid .
                                 Article 2
   The President of the Council is hereby authorized to ;. designate those wno are
   to sign the Agreement and to confer on them the requisite powers to binci the
   Community .  ■t   •                     -                 r
   Lone at Brussels ,            19 »«»«        -              ^or "^e Council
                                   ' "     • •~                 The President
 ---pagebreak---                 AGREEMEUT
BETWEEN" THE EUROPEAN ECOHOI5IC COMMUMTY
AHD THE REPUBLIC OF SOMALIA'
ON THE SUPPLY OP FOOD AID 117 THE FORM OF
CEREALS
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                                                   on the ona hand ,
THE GOVERNMENT OF THE    REPUBLIC OP SOMALIA
                                              ,on     the other hand ,
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 REPUBLIC OF SOMALIA :
VfflO HAVE AGREED AS FOLLOWS :           '
 ---pagebreak---                                   Article T
  As a pari: of its Food Aid Programme (Cereals ) for 1972 /73 , "the European
  Economio Community shall supply the Republic of Somalia
  hereinafter referred to as the "recipient country", with        7 000   metric
  tons of cereals in the form of 3 000 metric tons of husked rice and 4 000
  metric tons of soft wheat in the form of 2 649' metric tons of flour of soft
  wheat .
                               ." Article II
 Deliveries will be made cif to ports of unloading of the recipient country
in new jute bags with a net weight of 50 kg each for the rice and in new cotton
bags with a net weight of 50 kg each for the flour .
                                  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 .
                                  Article IV
 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 aio. for
 purposes of consumption and to apply , for the sale of the product oh 'its
 market , the prices normally charged on that market for products of comparable
 quality .
 The proceeds from this sale , less the normal cost of selling the product on
 the recipient country's market , will be paid into a special account in the
 Central Bank- and allocated to the financing of one or 'Hore development
 projects which have already been proposed by the recipient country and          . .
 approved by the European Economic Community .
 ---pagebreak---                                     - 3 -
                                   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 he 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 1974 a minimum quantity of
metric tons of cereals .
                                   Article vil
The recipient country shall take any measures required to prevent :
 (i )   The re-export of the product received as aid and of any products or
       "by-products resulting from such supplies j
 (ii ) The export , commercially or otherwise , within six months of the last
       delivery j
                * - ■       "   "                •
                                                                  ^                .
       - 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 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 j nature , quantity and quality of
                      *                                       **          •
       the products unloaded ; date on which unloading was " completed j
(ii ) Every three months until the quantities received as aid have "been fully
       used : quantities sold , how they have "been sold , selling prices j normal
       selling costs on the recipient country, s market :
 ---pagebreak---                                     - 4 -
(iii ) On 15 January every year until the special account has been fully
        used :
        (a ) State of this account ( incomings and outgoings on 31 December of
             the preceding year j
        (b ) Progress achieved in the project of projects , with an indication of
             the total amount of financing undertaken at that stage .
                                  î
                                   Article IX
At the request of either of them , the Contracting Parties shall consult eac^
other on any questions concerning .the implementation of this Agreement ,
                                  Article X
This Agreement is drawn up in duplicate in the Danish , Dutch , English , French ,
Germaji and Italian languages , each of these texts being equally authentic .
                                           m
 ---pagebreak---               A1CEX REFERRED TO IN ARTICLE III OP TUB AGREEMENT
                            * •*
                                 Article 1
                                 m" i " 1 ■  ■ •
 Delivery shall be effected and risks shall pass from the European Economic
 Community to the recipient country at the moment when the goods are actually
 removed from the ship , s hold at the port of unloading. The recipient country
 shall hear all costs subsequent to delivery of the goods , including unloading
 costs (such as unstowing, hoisting and reception)and any lighterage costs .
 Any demurrage costs or . dispatch money at the port of unloading shall "be a
 charge 011 or for the benefit of the recipient country . The rates and detailed
 arrangements relating thereto laid down in the contract between the authorized
 agent of the Community referred to in Article 5       "the carrier must have been
 agreed upon in advance by the authorized agent and the receiving agent of the
recipient country 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.
                                 Article 3                               *•
                                                                            % *
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 recipient country at -least 72 hours in
advance of the vessel 's estimated date of' arrival in port .
 ---pagebreak---                                   Article A
 On delivery of "the goods , 'a tolerance shall "be allowed of 5 5» less than the
 quantity to "be supplied under Article 1 of the Agreement .
       ν                                                    .  .                  .
                                  Article 5
To implement the provisions of this annex , the European Economic Community
 shall appoint an authorized agent , whose name and address shall "be made known
 to the recipient country in good time .
 The recipient coxintry shall appoint a receiving agent in each port of unloading
whose name and address shall "be made known to the European Economic Community
"before the Agreement is implemented .