CELEX: 51973PC1535
Language: en
Date: 1973-09-12 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Republic of Lebanon for the supply 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) 1535
Vol. 1973/0267
 ---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
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(73)1535 final
                                                         Brussels , 12 September 1973
                           RECOMMENDATION FOR A
                             COUNCIL DECISION
         on the conclusion of an agreement "between the European
         Economic Community and the Republic of Lebanon for the
                    supply of common wheat as food aid
               ( submitted to the Council "by the Commission)
 COM(73 ) 1535 final
 ---pagebreak---                                    - 1 -
THIS COUNCIL OF THE EQROrJM COMMUNITIES ,
Having regard to the Treaty establishing the European Eoonomio Community ,
and in partioular Artioles 113 » 114           228 thereof ;
                                       »
Having regard to the Rooommendation from the Commission }
Whereas the European Economic Community has deposited a Declaration for pro­
visional application o'f the 1971 Food Aid Convention } whereas that Convention
has "been applicable since 1 July 1971 ;
Whereas the Republic of Lebanon , by its letter of 25 August . 1972 , has requested
food aid ;
1-Jhereas in view of the cereal supply situation in the Lebanon that country
should be accorded , by way of gift , 5 , 000 metric tons of common wheat under
the Community Pood Aid Programme for 1972/73 } .
HAS DECIDED AS FOLLOWS :
                                      Article 1
On behalf of the European Economio Community the Agreement , the text whereof
is annexed hereto , is hereby ooncluded, between the European Economio Community
                                                                                t
and the Republio of Lebanon for the supply of common wheat as food aid. •
                                       Article 2
The President of the Counoil is hereby authorized to designate the persons
                                                             s
                                                               >
empowered to sign the Agreement and to oonfer oh them the necessary powers
to bind the Community .       '             •
                           •         •
Done at Brussels ,           19 ** ••                            For the Counoil
                                                                  The President
 ---pagebreak---                 AGREMENT
BETWE3H THE EUROPEAN ECONOMIC COMMUNITY
      AHD THE REPUBLIC OP LEBAITOK"
 COMJERSTIMx THE SUPPLY OP COMMON WHEAT
             . AS POOD AID
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES ,                      1
                                                     on the one hand .
THE GOVERNMENT OP THE REPUBLIC OP LEBANON,
                                                     on "the other hand ,
HAVE DECIDED to conclude this Agreement and to this end have designated
as their plenipotentiaries :
THE COUNCIL OP THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OP THE REPUBLIC OP LEBANON:
WHO HAVE DECIDED AS FOLLOWS :
 ---pagebreak---                                 Article I
As a part of its Food Aid Programme (cereals ) for 1972/73 , the European
Economic Community , hereinafter referred to as the "Community", shall supply
the Republic of Lebanon , hereinafter referred to as the "recipient country ",
with 5,000 metric tons of common wheat *
                                Article II
                       *
Deliveries will be made in bulk fob to Community ports .
                                Article III
The obligations and responsibilities of the Community and of the recipient
country relating to delivery and the taking of delivery respectively axe          -
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 .
It undertakes 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 .
                                Article V
The recipient country undertakes to use the product received as aid for pur­
poses of consumption ajid' to apply , for the sale of the product on its market ,
the prices normally charged on that market for products of comparable quality .
The proceeds from this sale , less the cost of sea transport , insurance of such
transport and the normal cost of selling the product on the recipient country * s
market , will be paid into a special account at the Central Bank of that country
and allocated to the financing of one or more development schemes which shall
have been proposed by the recipient country and approved by the Community.
 ---pagebreak---                                    Article VI
The Contracting Parties undertake to implement this Agreement in suoh 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 , commercial
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 oomrnon wheat or its equivalent in floir of common wheat
                                   Article VII
The recipient country shall take all appropriate measures to prevent :
– the re-export of the product received as aid and of products and by-products
   resulting from such supplies ; •
- the export , commercially or otherwise , id. thin 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 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
        quality of the products unloaded ; date on which unloading
                                                             r
                                                                         was completed ;
(ii )   Every three months until ^he quantities received a,s aid have been fully
        used : quantities sold , how they have been sold , selling prices ; normal
        selling oosts 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 ( lodgements and withdrawals ) on 31 December
             of the preceding year ;
        (b ) Progress achieved in the project or projeots , with an indication
             of the total amount of financing carried out at that stage .             /
 ---pagebreak---                               Article IX   •
At the request of either of them , the Contracting Parties shall oonsult each
                          ' *
other on any questions' concerning the implementation of this Agreement .
                              Article X
This Agreement shall he drawn up in duplicate in the Danish , Ihitch , English ,
French , German and Italian languages , each of these texts "being equally authentic .
 ---pagebreak---                   AMEX 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 hear all co-sts 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 Economio Community and shall be determined
before the vessel sails . The rates and detailed arrangements relating 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 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 .
                                                                       . r
                                 Article 3
The European Economic Community must be prepared to load the goods in the
date resulting from the instruction in Article 8 , whereon the vessel should
be ready for loading .                                 '>       _
                                                                            Λ
                         *            -
                                 Article A
                                                            x •
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 .
                                 Article *5
         «
Once the goods are on board the vessel , the European Economio Community shall
notify the recipient country of the date of loading , and the quantity and
quality of the goods as recorded in loading .
 ---pagebreak---                                    Article 6'
The recipient country shall supply the European Eoonomio 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 8 , 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 Economio Community , the balance shall be loaded onto (
the next vessel under the conditions laid down in this annex .
In this event , -until the date of loading of this balance or until the recipient
country gives notioe in writing that it gives up this balance , the go&ds shall
be held at the expense , risk and peril of the recipient country .
The recipient country must notify the European Eoonomio Community within a
period of a maximum of 30 days from the beginning of goading of the shipment
                                                                           *
to which these goods shpuld have belonged , of the date on whioh loading of
this balanoe is due to begin or of its renunoiation of t£is balance ..
If this obligation is not r'espeoted , the European Economio Community may
consider that it has discharged its commitment to the recipient country
under Article 1 of the Agreement .
 ---pagebreak---                                  - 3 -
                               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 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 shg.ll 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 "be made known
in good time to the recipient country .
The recipient country shall nominate a receiving agent in each port of ship­
ment , whose name and address shall be made known to the European Economic
Community before the Agreement is implemented .