CELEX: 
Language: en
Date: 1974-05-06 00:00:00
Title: Council Decision of 21 March 1974 on the conclusion of the Agreement between the European Economic Community and the Democratic Republic of Somalia on the supply of flour of soft wheat and husked rice as food aid #Agreement between the European Economic Community and the Democratic Republic of Somalia on the supply of flour of soft wheat and husked rice as food aid

No L 123 / 6                       Official Journal of the European Communities                                6 . 5. 74
                                               COUNCIL DECISION
                                                  of 21 March 1974
              on the conclusion of the Agreement between the European Economic Commu­
              nity and the Democratic Republic of Somalia on the supply of flour of soft
                                        wheat and husked rice as food aid
                                                     (74/21 7/ EEC)
THE COUNCIL OF THE EUROPEAN                                     HAS DECIDED AS FOLLOWS :
COMMUNITIES,
                                                                                       Article 1
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 113,
                                                                The Agreement between the European Economic
114 and 228 thereof ;                                           Community and the Democratic Republic of Somalia
                                                                on the supply of flour of soft wheat and husked rice as
Having regard to the recommendation from the                    food aid, the text whereof is annexed hereto, is hereby
Commission ;                                                    concluded on behalf of the European Economic
                                                                Community.
Whereas the European Economic Community has
deposited a Declaration for provisional application of                                 Article 2
the 1971 Food Aid Convention ; whereas that Conven­
tion has been applicable since 1 July 1971 ;                    The President of the Council is hereby authorized to
                                                                designate the persons empowered to sign the Agree­
Whereas by its letter of 20 December 1972, the                  ment and to confer on them the necessary powers to
Democratic Republic of Somalia has requested food               bind the Community.
aid ;
Whereas in view of the cereal supply situation in
                                                                Done at Brussels, 21 March 1974.
Somalia , that country should be accorded, by way of
gift, 7 000 metric tons of cereals, namely 4 000 metric
tons of soft wheat in the form of 2 649 metric tons of                                       For the Council
flour of soft wheat and 3 000 metric tons of husked
                                                                                              The President
rice , under the Community Food Aid Programme for
 1972/ 73 ,                                                                                      J. ERTL
 ---documentbreak--- 6 . 5 . 74                           Official Journal of the European Communities                          No L 123/7
                                                      AGREEMENT
               between the European Economic Community and the Democratic Republic of Somalia
                             on the supply of flour of soft wheat and husked rice as food aid
               THE COUNCIL OF THE EUROPEAN COMMUNITIES,
               of the one part, and
               THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF SOMALIA,
               of 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
 1972/73 , the European Economic Community ( here­               necessary arrangements for the transport and insur­
inafter referred to as the 'Community') shall supply,            ance 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 destina­
tion') with 7 000 metric tons of cereals, namely                                         Article V
4 000 metric tons of soft wheat in the form of 2 649
metric tons of flour of soft wheat, and 3 000 metric             The country of destination undertakes to use the
tons of husked rice .                                           products received as aid for purposes of consump­
                                                                 tion and to apply, for the sale of the products on its
                                                                 market, the prices normally charged on that market
                          Article II                             for products of comparable quality.
Deliveries will be made cif to ports of discharge of
the country of destination, in new cotton bags of a             The proceeds from this sale, less the normal cost of
net weight of 50 kg for the wheat and in new jute               selling the product on the market of the country of
bags of a net weight of 50 kg each for the rice.                destination, will be paid into a special account in
                                                                the central bank and allocated to the financing of
                                                                one or more development projects which have
                         Article III                            already been- proposed by the country of destination
                                          \
                                                                and approved by the Community.
The obligations and responsibilities of the Commu­
nity 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                  The Contracting Parties undertake to implement
Agreement.                                                      this Agreement in such a way as to avoid any preju­
 ---pagebreak--- No L 123/8                          Official Journal of the European Communities                               6 . 5 . 74
dice to the normal structure of domestic production            ment. To this end it shall provide the Commission
and international trade. To this end they shall take           of the European Communities with the following
any measures required to ensure that aid supplies              information :
are in addition to, and do not replace business trans­         1 . not later than 30 days after the unloading of
actions which might reasonably be expected in the                  each cargo : ports and dates of arrival of the
absence of such supplies. In particular, the country               vessel ; nature, quantity and quality of the
of destination undertakes to import commercially
from whatever source between 1 July 1973 and 30
                                                                   products unloaded ; date on which unloading
                                                                   was completed ;
June 1974 a minimum quantity of 22 000 metric
tons of cereals.                                               2. every three 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
                                                                   account has been fully used :
— the re-export of the products received as aid and
    any products or by-products derived therefrom ;                (a) state of this account (deposits and with­
                                                                        drawals) on 31 December of the preceding
— the export, commercially or otherwise, within                         year ;
    six months of the last delivery :
                                                                   (b ) progress achieved in the project or projects,
    — of locally produced soft wheat of the same                        with an indication of the total amount of
        kind as that used to produce the flour                          financing undertaken at that stage.
        received as aid or of processed products
        derived from such wheat,                                                       Article IX
    — 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.
 ---pagebreak--- 6. 5 . 74                             Official Journal of the European Communities                                  No L 123/9
                                                            ANNEX
                                      Provisions laid down in Article III of the Agreement
                            Article 1                                                          Article 3
Delivery shall be effected and all risk shall pass from the        The Community shall inform the country of destination
Community to the country of destination at the moment              of the ship's estimated date of arrival at the port of
at which the goods are actually taken in charge in the              discharge at least 10 clear days before that date.
ship's hold at the port of discharge.
                                                                   It shall have inserted in the charter party an undertaking
The country of destination shall pay all costs subsequent          by the captain to give the country of destination at least
to delivery of the goods, including the costs of unloading         72 hours' notice of the probable date of the ship's arrival
(breaking bulk, hoisting, taking delivery, for example)             in the port of discharge.
as well as any lighterage costs.
                                                                                               Article 4
Any demurrage or despatch money at the port of
discharge shall be borne by or paid to the country of               On delivery of the cargo, a tolerance of 5 °/o less than
destination. The rates and conditions of payment laid               the quantity laid down under Article I of the Agreement
down in the contract between the authorized agent of the            shall be permitted.
Community refererred to in Article 5 and the carrier
must have been agreed in advance between that agent                                            Article 5
and the receiving agent of the country of destination
referred to in" Article 5 .                                         To implement the provisions of this Annex, the Commu­
                                                                    nity shall appoint an authorized agent whose name and
                            Article 2                               address it shall make known in good time to the country
                                                                    of destination .
The Community shall forward to the country        of destina­
tion, as soon as possible after the goods         have been         The country of destination shall appoint a receiving
shipped, a notice giving the name of the ship,    the date of       agent in each port of discharge, whose name and address
loading, the quantity and quality of the           goods on         it shall make known to the Community before the Agree­
loading and the port of discharge.                                  ment is implemented.
                Information on the signing of the Agreement on the supply of food aid between the
                         European Economic Community and the Democratic Republic of Somalia
                The Agreement between the European Economic Community and Somalia on the
                supply of common wheat as food aid, which the Council decided to conclude on
                21 March 1974, was signed in Brussels on 25 March 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 of Development and Cooperation in the
                Commission of the European Communities, and on behalf of the Government of
                Somalia by :
                Mr Mohamed Omar Giama, Representative of the Government of Somalia to the EEC.
 ---documentbreak--- NA ---documentbreak--- 6. 5 . 74                             Official Journal of the European Communities                                  No L 123/9
                                                            ANNEX
                                      Provisions laid down in Article III of the Agreement
                            Article 1                                                          Article 3
Delivery shall be effected and all risk shall pass from the        The Community shall inform the country of destination
Community to the country of destination at the moment              of the ship's estimated date of arrival at the port of
at which the goods are actually taken in charge in the              discharge at least 10 clear days before that date.
ship's hold at the port of discharge.
                                                                   It shall have inserted in the charter party an undertaking
The country of destination shall pay all costs subsequent          by the captain to give the country of destination at least
to delivery of the goods, including the costs of unloading         72 hours' notice of the probable date of the ship's arrival
(breaking bulk, hoisting, taking delivery, for example)             in the port of discharge.
as well as any lighterage costs.
                                                                                               Article 4
Any demurrage or despatch money at the port of
discharge shall be borne by or paid to the country of               On delivery of the cargo, a tolerance of 5 °/o less than
destination. The rates and conditions of payment laid               the quantity laid down under Article I of the Agreement
down in the contract between the authorized agent of the            shall be permitted.
Community refererred to in Article 5 and the carrier
must have been agreed in advance between that agent                                            Article 5
and the receiving agent of the country of destination
referred to in" Article 5 .                                         To implement the provisions of this Annex, the Commu­
                                                                    nity shall appoint an authorized agent whose name and
                            Article 2                               address it shall make known in good time to the country
                                                                    of destination .
The Community shall forward to the country        of destina­
tion, as soon as possible after the goods         have been         The country of destination shall appoint a receiving
shipped, a notice giving the name of the ship,    the date of       agent in each port of discharge, whose name and address
loading, the quantity and quality of the           goods on         it shall make known to the Community before the Agree­
loading and the port of discharge.                                  ment is implemented.
                Information on the signing of the Agreement on the supply of food aid between the
                         European Economic Community and the Democratic Republic of Somalia
                The Agreement between the European Economic Community and Somalia on the
                supply of common wheat as food aid, which the Council decided to conclude on
                21 March 1974, was signed in Brussels on 25 March 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 of Development and Cooperation in the
                Commission of the European Communities, and on behalf of the Government of
                Somalia by :
                Mr Mohamed Omar Giama, Representative of the Government of Somalia to the EEC.