CELEX: 51973PC0262
Language: en
Date: 1973-02-16 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 flour of common wheat as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 262
Vol. 1973/0040
 ---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
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
<U
                                                       COM(73)262 final
                                                       Brussels . 16 february 1973
                              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 flour of common wheat as food aid.
                  ( submitted, to the Council try: the Commission)
    COM(73 ) 262 final
 ---pagebreak---                             AGREEMENT
BETWEEN THE EUROPEAN ECCNOMIC COMMUNITY AND THE REPUBLIC OF SRI LANKA
                CONCERNING TUB SUPPLY AS FOOD AID
                    OP FLOUR OF VilESAT
 ---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 j
 Having regard to the Recommendation from the Commission j
Whereas the European Economic Community has deposited a Declaration for
provisional application of the 1971 Food Aid Convention j whereas that
Convention has been applicable since 1 July 1971 J
Whereas the Republic of Sri Lanka, by its letter of 6 October 1971 » has
requested food aid }
Whereas in view of the cereal supply situation in the Republic of Sri Lanka
that country should be accorded, by way of gift,^5*^®9 metric tons of common
wheat in the form of 7285 netric tons of flour of common wheat under the
Community Pood Aid Programme for 1971/72 }
DECIDES i
                                   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 the supply of flour of common wheat as
food aid.
                                  Article   2
The President of the Council is hereby authorised 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 President
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES .
                                              of "bhe one part .
THE GOVERNMENT OP THE REPUBLIC OP SRI LANKA,
                                              of the other part ,
HAVE DECIDED to conclude this Agreement and to this end have
designated as their plenipotentiaries :
THE COUNCIL OP THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OP THE REPUBLIC OP SRI LANKA :
WHO HAVE AGREED AS FOLLOWS i
 ---pagebreak---                                 ARTICLE I
                                 l
            As a part of its Food Aid Programme (Cereals ) for 1971/72,
the European Economic Community shall supply the Republic of Sri
Lanka , hereinafter referred tq as the "recipient country", with
11.000 metric tons of common wheat in the form of 7*285 metric tons
of flour of common wheat .
                                ARTICLE II
           Deliveries will be made fob to Community ports in cotton
sacks of a net weight of 22.680 Kg each ( 150 lbs ).
   " • . /„                     ARTICLE III ,
           The obligations and responsibilities of the European
Economic Community and of the recipient country relating to delivery
and the taking of delivery are defined in the Annex, which forms an
integral part of this Agreement .                             ^ '"
                                ARTICLE IV
           The recipient country undertakes to make all necessary       i
arrangements for the transport and insurance of the product from
ports of shipment to places of destination.
           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
problems arising in this connection shall be the subject of
consultations under Article IX of the present Agreement .
                               ARTICLE V
           The recipient country undertakes to use the product received
as aid for purposes 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.       " '-
 ---pagebreak---                                  - 4 -
            The proceeds from this sale , less the cost of sea transport ,
  insurance and the normal cost of selling the product on the
  recipient country 's market , will be paid into a special account and
  allocated to the financing of one or more development schemes which
  have already been proposed by the recipient country and approved
  by the European Economic Community,
                               ARTICLE VI
            The Contracting Parties undertake to implement this iigreement
  in such a way as to avoid any prejudice to the normal structure of
  domestic production and international trade . To this end they shall
  take any measures required to ensure that aid supplies are in
  addition to , and do not replace , business transactions which might
  reasonably be expected in the absence of such supplies . In parti­
  cular , the recipient country undertakes to import commercially
  from whatever source between 1 July 1972 and 30 June 1973 a minimum
  quantity of 50*000 metric tons of            wheat or its equivalent in
  flour of wheat .
                              ARTICLE VII
            The recipient country shall take any measures required to
  prevent :
  ( l ) The re–export of the product received as aid and of products
        and by-products resulting from such supplies ;
( ii ) The export , commercially or otherwise , within six months of the
        last delivery, either of the product obtained locally and of
        the same nature as the product received as aid or of any products
        or by-products resulting from it .
                              ARTICLE VIII
            The recipient country undertakes to inform the European
  Economic Community how this Agreement is being implemented. To this
  end it shall provide the Commission of the European Communities with
  the following information :
 ---pagebreak---                                   - 5 -
         Not later than thirty days after the unloading of each cargo :
         ports and dates of arrival of the vessel ; nature , quantity
         and quality of the products unloaded ; date on which unloading
         was completed ;
 ( ii    Every three months until the quantities received as aid have
         been fully used s quantities sold, how they have been sold,
         selling prices ; normal selling costs on the recipient country 's
         market ;
 ( iii ) On 15 January every year until the special account has been
         fully used 2
         (a) State of this account ( incomings and outgoings ) on
             31 December of the preceding year ;
         (b) Progress achieved in the project or projects , with an
             indication of the total amount of financing undertaken
             at that stage .
                                ARTICLE IX
          At the request of either of them, the Contracting Parties
shall consult each other on any questions concerning the implemen­
tation of this Agreement .
                                ARTICLE X
          This Agreement is drawn up in duplicate in the Banish, Dutch , English ,
French, German and Italian languages , each of these texts being
equally authentio.
 ---pagebreak---                        ANNEX TO ARTICLE III OP THE AGREEMENT
                                   Article   1
Delivery shall be effected end risks shall pass from the European Economic
Community to the recipient country at the moment at which the goods have
been placed in the ship 's hold at the port of shipment .
The recipient country shall bear all costs subsequent to delivery of the
goods , including costs of stowage and , where appropriate , of trimming and
bagging.                  ,            .
Any demurrage costs or dispatch at the port of shipment shall be a charge
on or for the benefit of the European Economic Community and shall be determined
before the vessel sails . The rates and detailed arrangements relating thereto
laid down in the contract between the recipient country and the carrier must
have been agreed upon in advance by the recipient country and the authorised
agent of the European Economic Community referred to in Article 9 «
                                   Article   2
The European Economic Community shall notify the recipient country in good
time of the port or ports of shipment , the 'quantities to be delivered at
each port , the period within which loading must begin , and the daily loading
rate .             i ■
                                  Article  3
The European Economic . Community must be prepared to load the goods on the
date resulting from the instructions in Article 8 , whereon the vessel should
be ready for loading.
                                  Article  4
                            - .ι
On delivery of the goods , a loterance of 5 b less than the quantity to be
supplied in accordance with Article 1 of the Agreement is permitted.
 ---pagebreak---                                    Article  5
Once the goods are on. board the vessel , the European Economic Community
shall notify the recipient country of the date of loading , and the quantity
and quality of the goods as recorded on loading.
                                   Article  6
The recipient country shall supply the European Economic Community , within
the period referred to in Article 2 , with a vessel of dimensions correspond­
ing to the normal loading potential of the port of shipment .
Should it prove impossible for the vessel to begin loading Within the period
referred to in Article 2 and should the recipient country not have notified
the European Economic Community of this fact in writing at the latest by the
date on which the vessel should be ready for loading in accordance, with Article 8
Article 8 , the goods shall be at the disposal of the European Economic Community .
Whatever the circumstances , the goods shall be held at the espense , risk and
peril of the recipient country.
                                   Article  7
Should the recipient country fail to provide a vessel of suitable tonnage or
if the quantity made available for loading on a vessel of suitable tonnage
cannot be put on board in its entirety because of circumstances beyond the
control of the European Economic Community , the balance shall be loaded onto
the next vessel under the conditions laid down in this annex .
In this , event , until the date of loading of this balance or until the
recipient country gives notice in writing that it gives up this balance ,
the goods shall be held at the expense , risk and peril of the recipient
country .
The recipient country must notify the European Economic Community within a
period of a maximum of 30 days from the beginning of loading of the shipment
to which these goods should have belonged , of the date on which loading of
this balance is due to begin or of its renunciation of this balance .
 ---pagebreak---  If this obligation is not respected , the European Economic Community may
consider that it has discharged its commitment to the recipient country
under Article 1 of the Agreement .
                                   Article  8
The recipient country shall name for the European Economic Community the
vessel that is to ship the goods at least 10 clear days prior to the estimated
date of arrival of the vessel in port or , where possible , 20 clear days prior
to this date , and shall at the same time indicate how soon after that date
the vessel will be ready for loading.
The recipient country 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 innport .
                                   Article  9
To implement the provisions of this annex , the European Economic Community
shall appoint an authorised agent , whose name and address shall be made known
in good time to the recipient country.
The recipient country shall nominate a receiving agent in each port of shipment ,
whose name and address shall be made known to the European Economic Community
before the Agreement is implemented.