CELEX: 51974PC1568
Language: en
Date: 1974-10-03 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Yemen Arab Republic 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) 1568
Vol. 1974/0251
 ---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 EUROPEAN COMMUNITIES
                                                       COM(74 ) 1568 final
                                                       Brussels * 3 October 1974
                          RECOMMENDATION FOR A
                            COUNCIL DECISION
             on the conclusion of an agreement between the
                  European Economic Community and the •/
       Yemen Arab Republic for the supply of cereals as food aid
              (submitted to the Council by the Commission)
COM(74) 1568 final
 ---pagebreak---     TIIL: COUNCIL OF TTIIU UUROPEAW CCII MU NITILJ ,
    Having regard to the Treaty eetabliohing the European Economic Community ,
    and in particular Articles 113 * 114 and 229 , thereof J
    Having regard to the Recommendation from the Coinmisciort J
    VJhereas the European Economic Community has Concluded the second Convention
    relating to food aid ( l )}
                                                  <
    V.'hereaa the Yemen Arab Republic                 i by itfe letter t>f « 8*0*1 97 3
    has recpiiested food aidl
    Whercaa in view of the cereal supply eituaiibri iri             Yemen   that country
    should bo accorded , by tioy of £iftj 10»000 tonnes of soft wheat under the
    Community Food Aid Programme for 1973/74 }                  -
. DEC MJÎIG Î
                                                              (          I
                                 \                        /
                                      Article       1
   Ort bohalf of the European Economic Community an Agreement ) the text Khcroof
   ie annexed hereto , shall be conoluded between the European Economic Cor.Vinuii't
   and the Yemen Arab Republic for supply of soft wheat                    ac food aid »
                                      Article       2
  The Precident of the Council i& hereby authorized to designate those V/ho
   are to tiign the Agreement end to cbnfei4 6ri them the requisite powers to
  bind the Community »                      ,                                            .
                                        C     ■
 Donc at BrUosels ,                       19
                                                                  For the Council
                                                ;      •'          The Président
 .                                            \
   ( i ) O.j , L 219     9.8,74 * pi 19 . , •
 ---pagebreak---                  \
              AGREERENT
BETWEEN THE EUROPEAN ECONOMIC COi Ti-'jUNITY _
AND TILE YEMEN ARAB REPUBLIC '          ON
THE SUPPLY OP i'OOB AID IN THE FORji 6F
CECALS .
 ---pagebreak---  Tire COUNCIL OF THE EUROPEAN COMMUNITIES .
                                            of the one part .
 THE GOVERNMENT OF THE   YEMEN ARAB REPUBLIC ,•
                                            of. the othèr part#
                                     i
HAVE DECIDED to conclude this Agreement and to this end have
designate    as their plenipotentiaries t
                             m
TUB COUNCIL OP THE EUROPEAN COMMUNITIES T
THE GOVERNMENT    OF THE  YEMEN ARAB REPUBLIC F
                                            /
WHO HAVE AGREED AS FOLLOWS i
 ---pagebreak---                       . – ARTICLE    I
The Europoan Economio Community snail supply by Way Cf gift to -the
 Yemen Arab Republic ( hereafter referred, to as "the reoipient country ") a
 quantity bf 10.000 tonnes of soft wheat       under the Community 's feed aid
programme in cereals foi* 1973/74 *
                             ARTICLE II  .
                                       "          »
Deliveries will be made in bulk FOB in accordance With the details laid
down in the Anhex: which forma an integral pai*i of the present Agreement *
                           ARTICLE   III
                            "                    )
                                               /    «
The recipient country undertakes to make rill necessary arrangements for the
tranoport and insurance of the products from point of delivery to places
of destination *
It undertakes to exercise the greatest care to ensure that the tendering
arrangements for sea transport do hot prejudice the free play of fair
competition * Any problems aritdng in this connection shall be the subject
of consultations under Article Vlll 6f the present Agreement *
                          *
                            ARTICLE  IV
The recipient country undertakes to Use the product received as aid for
purposes of consumption and to apply , for the Dale of the product on its
market * the prices normally charged on that market for produots of
comparable quality * The proceeds from this sale shall bo 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
                                                        '           i     .
agreed in advance between the recipient 66Uniry fend the European Eoonomio
Community *                                                ■
 ---pagebreak---                                                 \
                                ATLTICUÎ  V
  The Contracting Parties undertake to implement this Agreement in such a Way
  as lo 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           are in addition to and do not replace busineau
  transactions which might' reasonably bo expected in tho absence of such supplies *
  In particular , the recipient country ' Undertakes to import commercially frci>
 whatever source "between 1 July 1974 ahd 30 Juno 1975 o. minimum quanity of
(l 00 . 300 ) tonnes        of soft wheat or its equivalent in floui4 of GOft wheat .
                                ATÎTÏCLÏ; VI
 The recipient country shall ttike all steps required to prevent {
 ( i ) the re-export of the product received as aid and also of any products*
          and by-products resulting thterefrom }
 ( ii ) the export , commercially or otherwise * within a period of six months
          commencing from tho final delivery ! either of any product procured
          locally of the fjame nature as that received bo aid , or of any products
          and by-products resulting therefrom .
                                ARTICIE' VII
The recipient country undertakes to inform tho European Economic Community
 of how this Agreement is implemented . To this end it shall provide the
Commission of tho European Communities with the following details t
     ( i ) Immediately after the unloading of each cargo : ports and 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 have been
           fully used : quantities sold } manner of sale } actual selling prices }
           normal selling costs On the recipient oountry 's market } coots of .
           insurance ( and of transport if applicable ) from the port of unloading
           to the places of destihaiion j             .
                                                    t
 ---pagebreak--- ( iii ) On 3.5 January every year until the special account has been fully
        expended J                   ' '
        a ) Siunmary of the account ( incomings and outgoings ) to 31 December4
            of tho previous year ;
        b ) Stage of progress of the project oy* projects * indicating the
                                                <
            total resources expended to that
                               article   VTII
The Contracting Partieo shall at the request ox either consult each other
on any questions concerning tho implementation of thift Agreement *
                               ARTICfi   IX
This Agreement ia ur.-i.wn isp in dup5 icate irt the Danifih » jDüteh ) Englieh ,
French , German and Italian langiiftgeo # each of theso textn having equsl for'cei
 ---pagebreak---                                                  \
                              Honorai provisions
                                                       , 'i
                                    Article  1
  Delivery shall bo effected and ricks ehall pass form the European Economic
  Community , hereinafter deferred to at; the EEC , to the recipient country at
  the moment at which the goods are put down at the point of exportation
  nomed by the Commission of the European Communities at the berth specified
  by the recipient country or its agent referred to in Article 3 tmd tinder the
 terms specified in the follov;ing articles ! V/ithout prejudice to Articles $ 'and
• 9 . the EEC t;ha3 1 bear all costs up to delivery and the recipiont country tho:;e
 beyond delivery *
                                   Article  2
  On dolivery a tolerance of 5 7> lees than the quantity of the product to bo
  supplied in accordance with article I of the Agreement shall be ackiisnibls »
                                                     /
                                                   /
                                   Article  3
  The EEC shall appoint Mi agent to implement the provisions of the prescni
  Annex - or for each consignment - whose name and address it ehall make
  known to the recipient country immediately following his appointment#
 The recipient country shall appoint art agent in the port or ports of ship­
 ment , v/hooe name and address it shall make knovm to the EEC with all
  despatch and if possible before the appointment of agent of the EEC .
                                 %
                                                               .*                   *
                                   Article  A
 Before implementing the procedures for appointing the agent of the EEC
 referred to in Article 3t the Commission of the European Communities and
 the recipient country dhall jointly establish the period during which
 delivery must begin .
                  0b5 i.rati ons of the European Economic Community
                                   Article  5                '
 Should the EEC not be in a position to fcarry out delivery on the date and
 ( if applicable ) on the schedule aS provided in Article 7t All costs
 arising for the recipient couhtry *- for example demurrage Void freight
 and dead freight - shall be borno \?y tlifc EEC » , - '
 ---pagebreak---  Tho chnrgeo and tho arrangements relating to domurragei laid down in tho
 contraot between iho recipient country and the caiwier muot havo been
 agreed in advance by the recipient country and tho agent of the ESC *
 The other costs referred to in the first paragraph chall only bo refunded
 by the EEC if they have been paid by the Recipient country With tho approval
 of the EEC .
                                 Article   6
 Should it prove impossible for tho EEC to supply all or part of the goods
 on the date and within the time-limits provided, for in Article 7 and without
 prejudice to thei provisions of Article 5 * & new date and t new time-liv,.it
 shall bo agreed between the agents of the EEC and of the recipient country
 for the delivery 6f all the goods or of the undelivered part thereof *
                    Obligations of the re cipient' country
                                 Article . 7 '
After contacting tho EEC > tho recipient country fjhall procure one or more
vessels to transport all the quantities provided for in Article 1 of the
Agreement , of dimensions corresponding to tho normal capacity of tho port of
 shipment } these vessels must b6 ready for loading on a date falling Within
 the period referred to in Article 4 •                                   •
The agent of the recipient * coun try tehall inform the EEC of this date
 iminedately on learning it , and aleo that for coimnencement of delivery ,
if possible twenty days ih advance and in any case tort dayG before the date
for commencement of delivery#
He shall establish With the agent of the EEC the schedule to which ddlivory
shall take place i
                                 Article   8
Should the recipient country be unable to begirt loading on th6 date provided
for in Article 7 » paragraph 1 | the agent of the re6ipient country ehall
inform tho agent of the EEC without delay *        '    • «
 ---pagebreak---    In thin event a new date for the commencement of do ] ivory and ( if nppl i onbl e )
  a new schedule could he agreed between the agents of the EEC and of tho
  recipient country . Tho costs arising from this dels.y shall in all cases
  except force majeu re be borne by the recipient country .
  Should the new date provided for in paragraph 2 bo more than ^0 clear days
  after the date for loading provided for in Article 7 » paragraph 1 , the EEC
  may d.isposo of tho goods without prejudice to its commitment Under Article 1
                                      i
  of this Agreement »
                                   Article   9
  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 an soon
 as possible and no later than fifteen clear days after loading hufj been
 completed whether it intends to accept or to renounce the balance#
 In the former cane the provisions of Article U , paragraphs 2 and 3r r.he.11
 apply to the balance , if delivery has not yet' taken place .
                                            /
 In tho lat ter cose the EEC may consider thai it has discharged its coi.imi tr.ent
 to the recipient country under Article 1 of this Agreement and shall boar
 the COG TR; resulting from such renunciation .
                                                                                     i
 In any event after the expiry of an interval of fifteen clear dnys and in
 the absence of any notice on the part of the recipient Country t tho renun­
 ciation shall be deemed to have taken pi ace t
                                   Article  10
Upon delivery of the goods , the recipient country shall hand to the
agent of the EEC a certificate of acceptance stating the port of shipment ,
date of acceptance , the nature and quantity of tho goods accepted and
including any comments on the quality of the goods , and feend ft copy thereof
to the Commission of the European Communities *
                               <4