CELEX: 51974PC1221
Language: en
Date: 1974-07-25 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Republic of Sri Lanka for the supply of cereals as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1221
Vol. 1974/0196
 ---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
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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
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak---           COMMISSION OF THE EUROPEAN COMMUNITIES
                                                            COM(74 ) 1221 final
                                                            Brussels . 25 July 1974
                                      RECOMMENDATION FOR A
                                        COUNCIL DECISION
                       on the conclusion of an agreement between the European
                Economic Community and the Republic of Sri Lanka for the supply of
                                      cereais as food aid
                        ( submitted to the Council "by the Commission )
                                                                                , /
COM( 74 ) 1221 final
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to "the Treaty establishing the European Economic Community ,,
and in particular Articles 113 , 114 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
Convention has been applicable since 1 July 1971 5          -   ■/*
Whereas the Republic of Sri Lanka           , by its letter of « '20 August 1973
has requested food aid ;
Whereas in view of the cereal supply situation in Sri_ Lanka that country
should be accorded , by way of gift , 16 pOO metric tons of cereals in the form
of 10,596 metric tons of flour of common wheat under the Community Food Aid
Programme for 1973/74 J                            *
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 Republic of Sri Lanka         for supply of -flour of common wheat ae 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 Président
 ---pagebreak---                                                »
                                             ê
          Anra®?ffiKT  •
ESTKiïEU THE EUROPEAJT ECONOiïIC CONHUKITY
     AND TJ1E REPUBLIC OF SRI LANKA        ■
01T THE SUPPLY OP POOD AID IN T}IE FORM OP
       '       CEREALS'" . ' . .  : •
 ---pagebreak--- Tiro COUNCIL OP TIE EUROPEAN COMMUNITIES ,
                    »   •                . *
                                               of-the one part ,
THE GOVERNMENT OF THE REPUBLIC OP SRI LAMA
                                 ■ •           of the otherpart ,
HAVE DECIDED -to concluded, this Agreement and to this end have
designated as their, plenipotentiaries :
THE COUNCIL OP THE EUROPEAN COMIfiJNITIES J
        . .                                           . » ' •
TIIH3 GOVERNIIEIIT OP THE REPUBLIC OP SRI LAMA
VJIIO HAVE AGREED AS FOLLOVJS î        '
 ---pagebreak---                                        AM'ICJE I
                     •                                                                         I
■ The European Economic Community shall supply by way of gift to "the , Republic of
 Sri Lanka (hereaf ter referred to as "the recipient country") a quantity 0f 16,000
tonnes of common wheat in the form of 10^596 tonnes of fiour tinder the Community'
Food' Aid Programme in cereals for "191^/74 •                  .• .
                                       AÏÏTICÏJC II
  Deliveries 'shall be effected in new cotton sacks each weignting 50 kilogrammes
               net under the arrangements provided in the Annex' which forms 011 integral
  part' of - the present Agreement .                        .*            '      " "
                            *                                         '                      *
                                     . rim  1
                                              ciw1
                                                     ni
                                                   --------
                                                                        •              •
  The recipient country undertakes to wake all necessary arrangements for the
  transport and insurance of the products from point of delivery to places of
  destination .                           •                                 *- *
  It undertakes to exercise the greatest cere to ensure that the tendering arran­
  gements for sea transport do not prejudice the free play of fair competition .
  Any problems arising in this connection shall "be the subject of consultations
  under Article VIII of the present Agreement*.'
                              •
                                        AKTICIÏÏ IV
                                               ι-,    . . -
                                                                                     "   . '
  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 .
"The proceeds from this sale shall "be paid into a special account with the
  Central Bank and allocated to the "'financing of one or more development projects
  ■under arrangements which have "been agreed in advance between the recipient
   country and the European Economic • Community. .                 '
 ---pagebreak---                                        ARTICLE V                 .      /
  'Die Contracting Parties undertake to implement this Agreement in such a way
  as to avoid any prejudice to the normal structure of national 'production
  and international trade . To this end they shall take any measures required
  to ensure that supplies as aid are in addition to and do not replace "business
                                                              v
  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 1974 and 30 June 1975 a minimum quantity of         . .
(285 * 800 )tonnes of common'    wheat or its "equivalent in flour of common wheat .
                                     ' ATÎTICIK VI
   J?iie recipient country shall take all steps required to prevent :
   (i) the re-export of the product received as aid md also of any products
         resulting therefrom ;
   (11 ) the export , commercially .or otherwise , within a period of twelve months "
           commencing from the final delivery, cither of any product procured
          locally of the sarae nature as that received as aid, or of any products
          resulting therefrom .
                                       ARTICJ.E VII
 The recipient country imdertd:es to inform the EEC of how this Agreement
 io implemented. To this end it shai providq the Commission of the:;Europe,-m
 Commimities with . the following details J
 (1) Immediately after the unloading of each cargo : ports aM dates of
        arrival of vessel ; nature , quantity and any observations as to the
        quality of the products unloaded; date on which unloading was completed;
        costs of sea transport and of insurance relating thereto;                  ' " "
(ii) Every three months until the quantities received as aid havo been fully
         used : quantities sold; manner of sale;actuol selling prices jnormal selling
        costs 011 the recipient country's market ; costs of insurance (and of trans- '
        port if applicable) from the port of unloading to the places of destina­
     tion ;
(lii) expended
          On 15 January
                   :
                         every  year until  the'
                                                 special
                                                    . .
                                                         account  has been fully ;
         0) SrX-^r0Mrt (inO0ming3 "* outG°i'W to 31 fece»t»r of
         b) ^!!l°f_Pf°erC"s:of ^ 'Project . or projccts , indicatin* the total
 ---pagebreak---                                  ARTICLE VIII
Tho Contracting Parties shall at the request of either consult each other
on any questions concerning the implementation of tliie Agreement .
                                                                        %
                    .      /                           ,
                                JUWIG'I® IX
^fiiis Agreement is drawn up in duplicate in the Danish , Dutch , English , French ,
German and Italian languages , each of these texts having equal force .
 ---pagebreak---                                                                            AnîJïïX I
                                                                                 ί»
                                                                      ,         t
                               . General     provisions
                                                                 »
                                       - Article 1                      '•
 . Delivery shall be effected and risks shall pass from - the European Economic
     Community, hereinafter referred to as the EEC , to the recipient country at
     the moment at which the goods are put down at the point of exportation
     named by the Commission of the. European Communities at the berth specified
     by the recipient country or its agent referred to in Article 3 .Without preju­
     dice to. Articles 8 and 9 tho.EEC shall beav all costs up to delivery and the
    recipient country those beyond such delivery.                  ■ •      I
                                         Article 2
    On delivery a tolerance of 5% less than the quantity of the product to be
     supplied, in accordance with article j of the Agreement shall be admissible
            4   «.
                                       AïlialeJ.
  The EEC shall appoint an agent to implement . the provisions of the present
  Annex- or for each consignment- whose name and^eddress it shall make knov.n
. to the recipient country immediately following his appointment .
  The recipient country shall appoint an agent in the port or ports of shipment ,
. whose namo and address it shall make known to the EEC with all despatch and
  if possible before the appointment of agent of the EEC .                    •
                                                                     *               ■ «
                                       Article 4                                         '
  Before implementing the procedures for appointing the agent of the EEC
  referred to in Article 3j the Commission of the European Communities and
  the recipient country Ghall jointly establish the period during which deli­
  very must begin .                                     • •
                          Ou-liflcvtions of the Ev.ropgajn Economic CoiTHTiimity
   •                                  -Ayt-icle 5
-Should the EEC not be in a position to carry out delivery on the date and ( if
  applicable) on the schedule as provided in Article 7 , aii costs
  arising for the recipient country- for example demurrage void freight and
  dead freight- shall be borne by the EUG                                                  .-
 ---pagebreak---   The charges and ilie arrangements relating to demurrage laid down in the
  contract between the recipient country and the carrier must }lavc' "been agreed
: in advance "by the recipient country and . the agent of the EEC .
                                                            r
  The other costs referred to in the first paragraph shall only "be refunded
  1)y tho EEC if they have been paid "by the recipient country with the approval
  o£ *fcli© KiiiC •                 y
                                  *
                         •  *                 •
                              .         .                 *
                                 Article 6 1
  Should it prove impossible for the EEC to supply all or part of the goods
  on the date end within the time-limits provided for in. Article 7 and without
  prejudice to the provisions of Article 5i a. nev? date and a new time-limit
  shall be agreed between the agents of the EEC and of. the recipient country
  for the delivery of all the goods or of the undelivered part thereof .
                          Obligations of the recipient country                  . •
                                 Article 7
  After contacting the EEC , the recipient country shall procure one or more vessels
  to transport all the quantities provided for in Article 1 of the Agreement , of
  dimensions corresponding to the normal capacity of the port of shipment ; these
  vessels must be ready for loading on a date falling within the period referred
  to in Article 4 .                   i
  The agent of the recipient country shall inform the agent of the EEC. of this
  date immediately on learning it , and also that for commencement of delivery,
  if possible twenty day3 in advance and in any case ten days before the date
  for commencement of delivery.
  He shall establish Kith the agent of the EEC the schedule to wfrich delivery shall
  take place .      ,.    *
 ---pagebreak---                                   Avta.olc R _                               .
 Should -the recipient country bo unable "bo begin loading on "the date provided
 for in Article 7 » paragraph. 1 , the agent of the recipient country shall in-    j
 form the agent of the EEC without delay.                                          j
              -                 '                • •                               !
 In this event a new date for the commencement of delivery and ( if applicable)     ?
                        .                                  '             '          i
 a new schedule shall be agreed between the agents or the EEC and of the recipient .
 country. The costs arising from this delay shall in all cases except force         j
 majeure be borne by the recipient country.              ...         "              j
                                                                   .
 Should the new date provided for in paragraph 2 be more than 30 clear days
 after the date for loading provided for in Article 1 , paragraph 1 , the EEC
                                               «
rnayr-dispose of the goods' without prejudice to its commitment under Article 1
 of this Agreement .                                             ■
                               Article q                     .
If the quantity made available for loading on a' vessel cannot be put on
board in its entirety , the recipient country shall inform the EEC as « oon •
 as possible and no ''.later than fifteen clear days after loading has been
completed - whether it .intends to accept or to renounce the balance .
In the former case the provisions of Article 8 f paragraphs 2 and 3 , shall
 apply to the balance , if delivery has not yet taken place .
       «
In the latter case the EEC may consider that it has discharged its conraitrr.ent
to the recipient country under Article 1 of this Agreement and shall bear
the costs resulting from such renunciation .
                                          »
In any event after the expiry of an interval of fifteen clear days and in
the absence of any notice on the part of the recipient country , the renun­
ciation shall be deemed to have taken place .                                  "
                                Article 10
upon delivery of the goods , the recipient country shall hand to the agent of
the EEC a cei-tificato of acceptance stating, the port of shipment , date of
acceptance , the nature , and quantity of the goods accepted, and including
any comments on the quality of the goods .              V.             "   .