CELEX: 51973PC1987
Language: en
Date: 1973-11-26 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Democratic and Popular Republic of Algeria for the supply 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) 1987
Vol. 1973/0353
 ---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
der genannten Verordnung freigegeben.
 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(73)1987 final
                                                       Brussels , 26 November 1973
                             RECOMMENDATION FOR A
                               COUNCIL DECISION
     on the conclusion of an agreement between the European Economic
        Community and. the Democratic and Popular Republic of Algeria
                 for the supply of soft wheat as food aid
                (submitted to the Council by the Commission)
COM(73 ) 1987 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 j _
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 ; whereas that
Convention has "been applicable since 1 July 1971 J
Whereas the Democratic and -Popular Republic of . Algeria , - by its letters of
17 January 1971 and 19 lebruary 1973 has requested food aidj
Whereas in view of the cereal supply situation in the Democratic and Popular
Republic of Algeria that country should be' accorded , by way of gift , 25 000
                                       «
metric tons of soft wheat under the Community. Aid Programme for 1971/72 3 and
15 000 metric tons of soft wheat under the Programme for 1972/73 }
DECIDE :
                                    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 Democratic and Popular Republic of Algeria for the supply of soft
wheat"- as food aid .
                                    Article 2
The President of the Council is hereby authorized to designate those who
are . to sign the Agreement and to confer on them the requisite powers to bind
the Community .
                         *
Done at Brussels .                    19                     For the Council
                                                               The President
 ---pagebreak---                 AGREMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
AND DEMOCRATIC AND POPULAR REPUBLIC OP ALGERIA
ON THE SUPPLY OP POOD AID IN THE FORM OP
SOFT WHEAT .
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COI-iMUNITISS ,
                        . , .                        -on the one hand ,
THE GOVERlIMETiT OF THE DEMOCRATIC AND POPULAR REPUBLIC OF ALGERIA
                                    -                 on "the other hand ,
HAVE DECIDED "to conclude this Agreement and to this end have designated
as their plenipotentiaries :
THE COUNCIL' OF THE EUROPEAN COKMONITIES :
THE GOVERNMENT OF THE DEMOCRATIC AND POPULAR REPUBLIC OF ALGERIA :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                   ARTICLE I
The European Economic Community shall supply , by way of gift , the Democratic
and Popular Republic of Algeria , hereinafter referred to as the "recipient
country ", with 25 000 metric tons of soft wheat as a part of its Food Aid
Programme ( Cereals ) for 1971/72 and 15 000 metric tons of soft wheat as a part
of its Programme for 1972/73*
                                  ARTICLE II
Deliveries will be made in bulk , fob to Community ports .
                                  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 .
                                       t
                                  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 .
It untertakes 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 . r
                                   ARTICLE V
The recipient country undertakes to use the product received as aid for pur­
poses of consumption and to apply , for the sale of the product on 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 to the Algerian Treasury 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 inter­
national 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 1974       a minimum quantity of
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 :
(i )    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 resultir
        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 Commissioi
of the European Communities with the following information :
 ---pagebreak---                                    - 3 -
 (i )   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 ;
(ii )   Every three months 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 "been fully
        used :
        (a) State of this account ( incomings and outgoings ) on 31 December
               of the preceding : year ;
        (h ) 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 implementation of this Agreement .
                                  ARTICLE X
This 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 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 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 for the benefit of the European Economic Community and shall be determined
before the vessel sails . The rates and detailed arrangements relating thereto
laid down in the contract between the recipient Coventry 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 *
                                      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 .
                                      Article 4
On delivery of the goods , a loterance of 5 5» less than the quantity to be
supplied in accordance with Article 1 of the Agreement is permitted .            f
 ---pagebreak---                                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 supply the European Economic Community , within the
 period referred to in Article 2 , with 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 Article I
the goods shall be at the disposal of 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 a^inex.
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 .
The recipient country nrast 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 .
 ---pagebreak---  If this obligation is not respected , the European Economio 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 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 part 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 he 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 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 authorized agent , whose name and address shall he made known
in good time to the recipient country .
The recipient country shall nominate a receiving agent in eaoh port of ship­
ment , whose name and address shall he made known to the European Economic
Community before the Agreement is implemented .