CELEX: 21974A0131(01)
Language: en
Date: 1974-01-30 00:00:00
Title: Agreement between the European Economic Community and the Democratic Republic of Somalia for the supply of flour of soft wheat and rice as food aid

No L 62 / 2                             Official Journal of the European Communities                              4 . 3 . 74
                                                          AGREEMENT
                between the European Economic Community and the Democratic Republic of Somalia
                                    for the supply of flour of soft wheat and rice as food aid
                THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                of the one part, and
                THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF SOMALIA ,
                ot 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 DEMOCRATIC REPUBLIC OF SOMALIA :
               WHO HAVE AGREED AS FOLLOWS :
                           Article I                                                        Article IV
 As a part of its Food Aid Programme ( Cereals ) for                 The country of destination undertakes to make all
 1971 /72 , the European Economic Community , here­                  necessary arrangements for the transport and insu­
 inafter referred to as the ' Community ', shall supply ,            rance of the products from ports of discharge to
 by way of gift, the Democratic Republic of Somalia ,               places of destination .
 hereinafter referred to as the ' country of destination 1 ,
with 10 000 metric tons of soft wheat in the form                                            Article V
of 6 623 metric tons of flour of soft wheat and 5 000
metric tons of rice .                                               The country of destination undertakes to use the
                                                                    products received as aid for purposes of consumption
                                                                    and to apply, for the sale of the products on its
                          Article 11
                                                                    market, the prices normally charged on that market
                                                                    for products of comparable quality .
Deliveries will be made cif to        ports of discharge of
the country of destination ,         in new cotton bags             The proceeds from this sale, less the normal cost of
containing a net weight of            50 kg each for the            selling the product on the market of the country
wheat in new jute bags of a           net weight of 50 kg           of destination , will be paid into a special account in
each for the rice .                                                 the Central Bank and allocated to the financing of
                                                                    one or more development projects which have al­
                          Article 111
                                                                    ready been proposed by the country of destination
                                                                    and approved by the Community .
The obligations and responsibilities of the Com­
munity and of the country of destination relating to                                        Article VI
delivery and the taking of delivery are defined in the
Annex which forms an integral part of this Agree­                   The Contracting Parties undertake to implement this
ment .                                                              Agreement in such a way as to avoid anv prejudice
 ---pagebreak--- 4 . 3 . 74                              Official Journal of the European Communities                                  No L 62/3
to the normal structure of domestic production and                    ment. To this end it shall provide the Commission
international trade . To this end they shall take any                 of the European Communities with the following
measures required to ensure that aid supplies are in                  information :
addition to, and do not replace business transactions
which might reasonably be expected in the absence                      1 . Not later than 30 days after the unloading of each
of such supplies. In particular, the country of desti­                     cargo : ports and dates of arrival of the vessel ;
nation undertakes to import commercially from                              nature, quantity and quality of the products un­
whatever source between 1 July 1973 and 30 June                            loaded ; date on which unloading was completed ;
 1974 a minimum quantity of 22 000 metric tons of
cereals .
                                                                      2 . Every 3 months until the quantities received as
                                                                           aid have been fully used : quantities sold, how
                          Article VII                                      they have been sold, selling prices ; normal selling
                                                                           costs on the recipient country 's market ;
The country of destination shall take any measures
required to prevent :                                                 3 . On 15 January every year until the special ac­
                                                                           count has been fully used :
— the re-export of the products received as aid and                        ( a ) state of this account ( deposits and with­
     any products or by-products derived therefrom :                              drawals ) on 31 December of the preceding
                                                                                  year ;
— the export, commercially or otherwise, within                             ( b ) progress achieved in the project or projects,
     six months of the last delivery :                                            with an indication of the total amount of
    — of locally produced soft wheat of the same                                  financing undertaken at that stage.
          kind as that used to produce the flour re­
          ceived as aid or of processed products de­                                            Article IX
         rived from such wheat,
    — of locally produced rice of the same kind as                    At the request of either of them , the Contracting
          that received as aid or of any products or                  Parties shall consult each other on any questions
          by-products derived therefrom .                             concerning the implementation of this Agreement.
                                                                                                 Article X
                          Article VIII
                                                                      This Agreement is drawn up in duplicate in the
The country of destination undertakes to inform the                   Danish , Dutch , English , French , German and Italian
Community of the implementation of this Agree­                        languages , each of these texts being authentic .
                                                            ANNEX
                                       Provisions laid down in Article III of the Agreement
                                                            Article I
                Delivery shall be effected and all risk shall pass from the Community to the country of
                destination at the moment at which the goods are actually taken in charge in the ship 's hold
               at the port of discharge .
                "The country of destination shall pay all costs subsequent to delivery of the goods , including
                the costs of unloading ( breaking bulk , hoisting , taking delivery , for example ) as well as any
               lighterage costs .
               Any demurrage or dispatch money at the port of discharge shall be borne by or paid to the
               country of destination . The rates and conditions of payment laid down in the contract
               between the authorized agent of the Community referred to in Article 5 and the carrier
 ---pagebreak--- No L 62/4                        Official Journal of the European Communities                                4. 3 . 74
           must have been agreed in advance between that agent and the receiving agent of the country
          of destination referred to in Article 5 .
                                                        Article 2
          The Community shall forward to the country of destination, as soon as possible after the
           goods have been shipped, a notice giving the name of the ship, the date of loading, the
          quantity and quality of the goods on loading and the port of discharge.
                                                        Article 3
          The Community shall inform the country of destination of the ship's estimated date of arrival
          at the port of discharge at least 10 clear days before that date.
           It shall have inserted in the charter party an undertaking by the captain to give the country
          of destination at least 72 hours' notice of the probable date of the ship's arrival in the port of
          discharge .
                                                        Article 4
          On delivery of the cargo, a tolerance of 5 °/o less than the quantity laid down under Article I
          of the Agreement shall be permitted .
                                                        Article S
          To implement the provisionis of this Annex, the Community shall appoint an authorized agent
          whose name and address it shall make known in good time to the country of destination .
          The country of destination shall appoint a receiving agent in each port of discharge, whose
          name and address it shall make known to the Community before the Agreement is
          implemented .
          Information concerning the signing of the Agreement between the European Economic
          Community and the Democratic Republic of Somalia on the supply of food aid
          The Agreement between the European Economic Community and Somalia on the
          supply of flour of soft wheat and rice as food aid which the Council decided to
          conclude on 30 January 1974 was signed in Brussels on 31 January 1974 on behalf of
          the Council of the European Communities by :
          Mr Ulrich Lebsanft, Ambassador Extraordinary and Plenipotentiary , Chairman of the
          Permanent Representatives Committee , and
          Mr Hans-Broder Krohn , Director-General for Development and Cooperation of the
          Commission of the European Communities ; and on behalf of the Government of
          Somalia by :
          Mr Mohamed Omar Giama , Ambassador, Representative of the Government of So­
          malia to the EEC .