CELEX: 51974PC1567
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 Republic of Lebanon 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) 1567
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
(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
                                                    COM(74) 1567 final
                                                    Brussels , 3 October 1974
                          RECOMMENDATION FOR A
                            COUNCIL DECISION
                                                    v
             on the conclusion of an agreement between the
                   European Economic Community and the
      Republic of Lebanon for the supply of cereals as food aid
             ( submitted to the Council by the Commission)
COM(74) 1567 final
 ---pagebreak---   THE COUNCIL OF THE EUROPEAN COMMUNITIES .
                                                                               i
  Having regard to the Treaty establishing the European Economic Community ,
  and in particular Articles 1X3 , 114 and 228 , thereof ;
                       I
 Having regard to the Recommendation from the Commission ;
 Whereas the European Economic Community has concluded the second Convention
  relating to food aid^ ,•        '                                                   *»
                                                                                             .
                                         '•                           i
 Whereas the Republic of Lebanon              • • "by its letter of »16 . 10 - 1 97 3
 has roquected food aid :                                        1                        -
 Whereas in view of the cereal supply situation in Lebanon that country
 should be accorded , by way of gift , 5*000 tonnes               '/ of soft wheat under the
 Community Food Aid Programme for 1973/74 5            '
 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 Lebanon           t"or supply of soft wheat as 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 *
              « •     \             •                               1                      .
 Dono û.t Brus sel 3 ,              19      '
           •                 ,                     : '     '            '■ ' .
                                                             For the Council
                                                               The Président
( 1 ) J.O. L 219 du 9.8.74 f p. 19              v                                 \ .      •
 ---pagebreak---                AGREEMENT
BETWEEN THE EUROPEAN ECONOMIC' COKMUNITY
AND THE   REPUBLIC OF LEBANON ON
THE SUPPLY OF FOOD AID IN THE FORM OF
CEREALS .                         /
 ---pagebreak---  THE COUNCIL OF TOE EUROPEAN COMMUNITIES ,
                  '                        of "the ons part ,
TIIE GOVERNMENT OF THE REPUBLIC OF LEBANON
                                           of the other part »
HAVE DECIDED to conclude this Agreement and to this end have
designate , as their plenipotentiaries :
THE COUNCIL OF THE EUROPEAN COMMUNITIES :             v
THE GOVERNMENT   OF THE REPUBLIC OF LEBANON i
WHO HAVE AGREED AS FOLLOWS î
 ---pagebreak---                                                                                              é
                           ARTICLE     I
 The European Economic Community shall supply by way of gift to the
 Republic of Lebanon ( hereafter referred to as "the recipient country ") a
 quantity of   5*000 tonnes of soft wheat               under the Community 's food aid
programme in cereals for 1973/74 *                                       •
                                                                                         «»
                           ARTICLE     II                                  '         .
Deliveries will be made in bulk FOB in accordance with the details laid
down in the Annex which forms an integral part of the present Agreement .
                          ' .• \ ■ ■                         '    '>
                                                   P     ■
                           ARTICLE III .                      '                                      •
The recipient country underlies to make 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 care to ensure that the tendering
arrangements for sea transport do not prejudice the free play of fair
competition . Any problems arisiing in this connection shall be the subject                            ■
of consultations under Article VIII of the present Agreement .
                        ...       .  '    • *"       . '        '    ' ■               . ' \
                            t                 '  .                             * • 1           ' ' •
                 ' "            l 1             ''f-
                           ARTICLE     IV                              .     '
The recipient country undertakes to use the product received as aid for
purposes of consumption and to ap|ply f 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 beert
agreed in advance between the recipient country and the European Economic
Community .                                        '       *
 ---pagebreak---                               ARTICLE   V
 The Contracting Parties undertake to implement this Agreement in such a way
 as to avoid any projudice 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
 transactions which might reasonably be expected . in the absence of such supplies .
                                                                              »
 In particular , the recipient country undertakes to import commercially froa
whatever source between 1 July 1974 and 30 June 197^ a minimum quanity of
 275 • 500 tonnes         of soft wheat or its equivalent in flour of soft wheat .
                              ARTICLE   VI
                                            /'
The recipient country shall Take all steps required to prevent :
( i ) the re-export of the product received as aid and also of amy products
         and by-products resulting therefrom }
( ii ) the export , commercially or otherwise , within a period of six months
         commencing from the final delivery , either of any product procured
         locally of the same nature as that received as aid , or of any products
         and by-products resulting therefrom .
                              ARTICLE   VII
The recipient country undertakes to inform the European Economic Community .
of how this Agreement is implemented . To this end it shall provide the
Commission of the European Comnuvnities with the following details :
    ( 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 j
  ( ii ) Every three months until the quantities received as aid have been
                                                  1
          fully used : quantities sold ; insyiner of sale ; actual selling prices ;,
          normal selling costs on the recipient country 's market ; costs of
          insurance und of transport if applicable from the port of unloading .
          to the places of destination ;
 ---pagebreak--- ( iii ) On 15 January every year until the special account has been fully
        expended :
        a ) o\unrnary of the account ( incomings and outgoings ) to 31 December
            of the previous year ;
        b ) Stage of progress of the project or projects , indicating the
            total resources expended to that stage .
                                                                                0
                                                             »
                                ARTICLE   VIII
The Contracting Parties shall at the request of either consult each other
on any questions concerning the implementation of this Agreement .
                                                        V
                                 !
                                            /
                                                P
                                ARTICLE    IX
This Agreement is drawn up in duplicate in the Danish , Dutch , English ,
French , German and Italian languages , each , of these texts having equal force .
   1
 ---pagebreak---                           Genoral provisions
                                               i
          4        i'
                             Article   1
  Delivery shall be effected and risks shall pass form the European Economic
  Community , hereinafter referred to as the EPJC , to the recipient country at
  the moment at t^hich the goods are put down tit 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 find tinder the
 terms specified in the following articles . Without prejudice to Articles $ and
'9 the EEC shall bear all costs up to delivery and the recipient country those
beyond delivery .
                                ,        .
                             Article  2      *
 On delivery a toleranfce of 5 % less than the quantity of the product to be
 supplied in accordance with article I of the Agreement shall be admissible *
                             Article  3
 The EEC shall appoint an agent to implement the provisions of the present
 Annex – or for each consignment - whose name and address it shall make
 known to the recipient country immediately following his appointment .
 The recipient country shall appoint an agent in the port or ports of ship­
ment , whose name and address it shall make known to the EEC with all
 despatch and if possible before the appointment of agent of the^'EC .
                             Article  4
Before implementing the procedures for appointing the agent of the EEC
 referred to in Article 3 » "the Commission of the European Communities and
 the recipient country shall jointly establish the period during which
delivery must begin .                                                \
               Obligations of the Euronean Economic Community
                             Article  5                                         <
 Should the EEC not be in a position to carry out delivery oil the date and
 ( if applicable ) on the schedule as provided in Article 7 » all costs
                         *
 arising for the recipient country - for example demurrage void freight
 and dead freight - shall be borne by the EEC *
 ---pagebreak--- The ehargao and the arrangements relating to demurrage laid down . in the
 contract between the recipient country and the carrier must have been
agreed in advance by the recipient country and the agent of the EEC *
The other costs referred to in the first paragraph shall only be refunded
by the EEC if they have been paid by the recipient country with the approval
of the EEC .         ,            .
                                Articl e 6
                                                        /
 Should it prove impossible for the EEC to supply all or part of the goods
on the date and within the time-limits provided for in Article 7 and without
                                             '      . .     .               · , ·
prej\idice to the provisions of Article 5 » a new 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 pericd referred to in Article 4 »                                     "
The agent of the recipient country shall inform the EEC of this date
immedately on learning it , and also that for commencement of delivery ,
if possible ■ twenty days in advance and in any case ten days before\the date
for commencement of delivery *
He shall establish with the agent of the EEC the schedule to which delivery
shall take place .
                                Article    8
Should the recipient country be unable to begin loading on the date provided
for in Article 7 » paragraph 1 , the agent of the recipient country shall t
inform the agent of the EEC Without delay . -             * •.
 ---pagebreak---  In this event a now date for tho commencement of delivery and ( if applies cie )
 a nev; schedule could be agreed between the agents of the EEC and of the
 recipient country . The costs arising from this delay shall in all cases
 except force majeure be borne by the recipient country .
 Should the new date provided for in paragraph 2 be more than 30 clear days
 after the date for loading provided for in Article 7 » paragraph 1 , the E£C
 may dispose of the goods without prejudice to its commitment under Article 1
 of this Agreement .
                                                                               0
                                                         »
                                  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 ESC as soon
as possible and no later than fifteen clear days after loading has been
completed whether it intends to accep't or ^to renounce the balance .
In the former case the provisions of Article 0 , paragraphs 2 3Jid 3 , shall
apply to the balance , if delivfery has not yet taken place .
In the latter case the EEC may consider that it has discharged its commit~.erit
to the recipient country under Article 1 of this Agreement and shall bear
the costs resulting from such renunciation .
In any everit 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 .
                   i
                                     !
                                  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 the goods accepted and
including any comments on the quality of the goods , and send a copy thereof
to the Commission 6f the European Communities .