CELEX: 51971PC1209
Language: en
Date: 1971-10-26 00:00:00
Title: AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE ARAB REPUBLIC OF YEMEN ON THE SUPPLY OF WHEAT OTHER THAN DURUM AS FOOD AID

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (71) 1209
Vol. 1971/0196
 ---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
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
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 ---pagebreak---                       COMMISSION OF THE EUROPEM COKMOiïITIES
                                        COM(71)1209 final
                                        Brussels , 26 October 1971
                                  agreement
                  BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
                       AND THE ARAB REPUBLIC OP YEMEN
                  ON THE SUPPLY OP WHEAT OTHER THAN DURUM
                                 AS FOOD AID
C0M(71 ) 1209 final
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES .
                               on the one hand , and
THE GOVERNMENT OF TEE ARAB REPUBLIC OF YEMEN ,
                               on the other hand ,
HAVE DECIDED to conclude the present Agreement and have ,
for this purpose , appointed as their plenipotentiaries :
THE COUNCIL OF THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OF THE ARAB REPUBLIC OF YEMEN S
WHO HAVE AGREED as follows :
 ---pagebreak---                          ARTICLE I
  Under its food aid programme for cereals for the year 1970/71 j the
 European Economic Community shall , in accordance with the decision
  taken by the Council on 6 April 1971 t make the Arab Republic of Yemen
  a gift of 7«000 tons of wheat other than durum ( hereinafter referred
  to as "wheat ") •
  Deliveries shall be in bulk , f.o.b . Community ports .
  The Commission of the European Communities shall inform the Arab
  Republic of Yemen in good time , by letter , telex or telegram , of
  the ports of shipment , the quantities , the dates of availability
  at the said ports and the daily loading rate .
  The responsibilities of the European Economic Community and the
  Arab Republic of Yemen with regard to shipment and to taking
; delivery f.o.b . respectively are set out in the Annex , which
  forms an integral part of the present Agreement .
 ---pagebreak---                           - if -
                        ARTICLE II
The Arab Republic of Yemen undertakes to make all necessary
arrangements ; for transporting the wheat from the ports of
shipment to its destinations
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 problem
arising in this connection shall be the subject of consultations
under Article VIII of the present Agreement .
                        ARTICLE III
The Arab Republic of Yemen undertakes to use for consumption
purposes the wheat that is supplied as aid and to apply to sales
of this wheat on its market the prices normally ruling on this
market for products of comparable quality .
The proceeds of these sales t less sea freight charges and normal
marketing costs on the Yemen market , shall be paid into a special
account intended to cover expenditure incurred by the Arab
Republic of Yemen in connection with the financing of development
projects .
 ---pagebreak---                                     ARTICLE  TV
The Contracting Parties undertake to implement the present Agreement in such a way
as to avoid prejudicing the noriaal structure of national production and inter­
national trade . To this end , they shall take the necessary steps to ensure
that supplies made available as aid shall be additional to , and not in lieu
of , the commercial operation which could reasonably have been expected in
the absence of such supplies . In particular the Arab Republic of Yemen
undertakes to import commercially from all sources , between 1 July 1971 and
30 June 1972 , a minimum of 45 « 000     tons of wheat or the equivalent in
wheat flour .
                                    ARTICLE  V,
The Arab Republic of Yemen shall take all necessary steps to prevent the
re-exportation both of the wheat received as aid , and of products of the'
first processing stage and by-products obtained from wheat , as well as the
exportation , commercial or otherwise , within a period of six months from
the date of the last delivery , of locally grown wheat of the same type as
that received as aid , of products of the first processing stage and of
by-products obtained from this wheat .
 ---pagebreak---                           AETICLE VI
The Arab Republic of Yemen undertakes to keep the European
Economic Community informed on the conditions of implementation of
the present Agreement . To this end , it shall communicate the follo­
wing information to the Commission of the European Communities :
1 . Transport : ports and dates of arrival of vessels ; nature , quantity
    and quality of the produce unloaded : the date on which unloading
    is completed :
2 . Marketing : quantities sold ; method of marketing , selling prices ;
3 . Commercial imports s quantities of wheat and wheat flour imported
    commercially from all sources between 1 July 1971 end 30 June 1972 ?
4 . Situation with regard to the special account set up with the
    proceeds of the sale , in local currency of the wheat supplied
    as aid :
5 » Projects financed from the special account 5 relative importance
    of these funds in the overall financing of projects .
 ---pagebreak---                          ARTICLE VII
The information referred to in Article VI shall be communicated
within the following time-limits :
- With regard to itera 1       : not more than 30 days after the
  unloading of each cargo :
- With regard to itera 3     :         before 30 sept amber 1972 ;
- With regard to iteu 2 S 4 and 5      : a report on the situation at
  31 December each year shall be communicated before 13 January of
  the following year , until such time as the special account has
  been completely liquidated .
                         AHTIC3.E VIII
At the request of any one amongst them , the Contracting Parties shall
consult on all matters concerning the application of the present
Agreement .
                          ARTICLE IX
The present Agreement is drawn up in duplicate in the German , French ^
Italian , Dutch and English languages , each of these texts being
equally authentic .
 ---pagebreak---                                                   ANNEX
            CONDITIONS APPLICABLE TO THE HANDING OVER
              OF THE WHEAT AT THE PORTS OF SHIPMENT
To ensure the smooth operation of the Agreement and in particular
of Article I thereof , the Contracting Parties have agreed as
follows :
                       ARTICLE 1
Except as otherwise provided in Article     sixth paragraph , delivery
will be deemed to be effected at the moment at which the goods have
effectively passed the ship 's rail at the port of shipment ? all
costs of stowage and securing shall be borne by the Arab Republic
of Yemen .
                       ARTICLE 2
Except as otherwise provided in Article 3 » sixth paragraph , risks
shall pass from the European Economic Community to the Arab Republic
of Yemen at the moment at which the goods have effectively passed
the ship 's rail at the port of shipment .
 ---pagebreak---                             9
The Arab Republic of Yemen shall procure and notify to the
European Economic Community , in good time ,, the vessels which are
to ship the goods , so that the loading dates indicated in accordance
with Article I of the Agreement may be respected .
The vessel is to be named by the Arab Republic of Yemen at least
7 clear days prior to the estimated date of arrival in port .
The Arab Republic of Yemen shall be responsible for any consequences
arising either , from failure to name the vessel or from delay in
doing so .
The Arab Republic of Yemen 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 .
The goods shall be held at the disposal of the Arab Republic of Yemen
iri the port indicated from the date on which the ship is declared
ready for loading . In the event of the European Economic Community
not placing the goods at the disposal of the vessel in good time ,,
any consequences resulting from this , in particular demurrage and/or
dead freight , shall be a charge on the European Economic Community .
 ---pagebreak--- Should there be a delay in the arrival of the vessel named by the
Arab Republic of Yemen at the port of shipment , or should it prove
impossible for it to load , and should this delay prevent loading
within the time-limits indicated in accordance with Article I
of the Agreement , the goods shall be held at the expense , risk anc
peril of the Arab Republic of Yemen .
Should the Arab Republic of Yemen fail to provide a vessel of
suitable tonnage within the time-limit indicated in accordance wi<
Article I of the Agreement , it shall be regarded as being in defai
unless it notifies the European Economic Community by telegram , nc
later than the last day of the period fixed for delivery , that it
is seeking an extension of this period . Where such an extension it
sought , the European Economic Community shall hold the goods on
behalf of the Arab Republic of Yemen , expenses resulting from this
being borne by; the latter .
The Arab Republic of Yemen shall be responsible for any consequenc
resulting from the fact that the dimensions of a vessel supplied
by it do not correspond to the loading possibilities of the port
of shipment .
 ---pagebreak---                           *■ 11 »»
                        ARTICLE k
The tolerance on shipment of the quantities notified in accordance
with Article I of the Agreement shall be 5      although the total
quantity of 7^000 tons shall in no case be exceeded .
If , however , the quantity made available for loading on a given
vessel cannot be put on board in its entirety because of circums­
tances beyond the control of the European Economic Community , the
balance which could not be put on board within the specified time-
limits shall be. .stored at the expense of the Arab Republic of Yemen
and shipped on the next vessel . .
If the Arab Republic of Yemen informs the European Economic Community
within a period of 15 clear days that it will not take delivery of
this balance , the handling and storing expenses incurred shall be
borne by the Arab Republic of Yemen until such time as it gives
notice that it gives up this balance .
In this event , the European Economic Community .may consider that it
has discharged its commitments to the Arab Republic of Yemen .
 ---pagebreak---                          - 12 -
                      ARTICLE S
Once the goods are on board the vessel , the European Economic
Community shall notify the Arab Republic of Yemen without delay
of the date of loading , the quantity and quality loaded , noted on
loading and mentioned in the vessel 's bill of lading .
                      ARTICLE 6
All expenses incurred subsequent to delivery of the goods once these
have effectively passed the ships 's rail , shall be borne by the
Arab Republic of Yemen .
                      ARTICLE 7
The Contracting Parties reserve the right to nominate one or more
agents to execute the Agreement .
To deal with anu eventualities , the Arab Republic of Yemen shall
nominate a representative in each port of shipment .