CELEX: 51975PC0223
Language: en
Date: 1975-05-23 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Hashemite Kingdom of Jordan 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 (75) 223
Vol. 1975/0080
 ---pagebreak--- Disclaimer
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concernant l'ouverture au public des archives historiques de la Communauté économique
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p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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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
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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.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                     COM(75 ) 223 final
                                     Brussels , 23 May 1975
                     RECOMMENDATION FOR A
                       COUNCIL DECISION
       on the conclusion of an agreement between the
       European Economic Community and the Hashemite
       Kingdom of Jordan for the supply of cereals
       as food aid
                                          «
        ( submitted to the Council by the Commission )
 C0M(75 ) 223 final                            /
 ---pagebreak---                                   I
  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 ;
  Having regard to the Recommendation from the Commission }
  Whereas the European Economic Community has concluded the second Convention
  relating to food aid^\
  Whereas the   Hash emit e Kingdom of Jordan                 ' »
  has requested food aid ;
 Whereas in view of the cereal supply situation in      Jordan that country
  should be accorded , by way of gift , 10,000 metrio tons of oommon wheat in the
  form of 6 623 metric tons of flour of common wheat under the Community Pood
 Aid Programme for 1974/75 }
 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 Hashemite Kingdom of Jordan for supply of flour of common wheat as
 food aid .
                                  Article  2
 The President of the Council is hereby authorized to designate those who
                                             • a
 aire 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
( 1 ) J.O.  L 219 du 9.0.74 , p. 36
 ---pagebreak---             AGREEMENT
BETWEEN. THE EUROPEAN ECONOMIC COMMUNITY
AND THE '.HASHEMITE' KINGDOM OP JORDAN ON
THE SUPPLY OF POOD AID IN THE FORM OP
CEREAIS .
 ---pagebreak---  THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                                  of the one part ,
THE GOVERNMENT OP THE HASHEMITE KINGDOM OP JORDAN
                                                  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 HASHEMITE KINGDOM OP JORDAN :
WHO HAVE AGREED AS FOLLOWS
 ---pagebreak---                                  ARTICLE     I
 Under its food aid programme for cereals for 1974/ 75 the European Economio
 Community shall , by way of gift , supply to the Hashemite Kingdom of Jordan
hereinafter referred to as "the recipient country ", a quantity of 10 000
metric tons of common wheat in the form of 6 623 metric tons of flour of
common wheat .
                           I
                                ARTICLE    II
Deliveries shall be effected FOB in new cotton sacs with a net weight of 50 kg
each under the arrangements provided in the Annex which . forms an integral part
of the present Agreement .         '
                               • ARTICLE III              #         . . *
                                                                  \              ;
'j.'ho recipient country undertakes to lr.ake all necessary arrangements for the
transport arid insurance of the products from point of delivery to places of
destination .                    '     ' . '
It undertakes to exercise the greatest care to ensure that the tendering e.rr
Cements for sea transport do not prejudice the free play of fail' competition
Any problems arising in this connection shall "be the subject of consultation
under Article VIII of the present Agreement *
                                   AnTIOIB . IV
                                               ■-
Tno recipient country undertakes to use the product received as aid for pur­
poses of consumption and :to distribute it free to the people in need .
 ---pagebreak---                             • ARTICLE V
 The Contracting Parties undertake to implement this Agreement in such a way         ,
 as to avoid any prejudice to the normal structure of national production      L
 and international trade . To this end they shall take any measures required         j
 to ensure that supplies as aid are in addition to and do not replace business j
 transactions which might reasonably be expected in the absence of such supplies.
In particular , the recipient country undertakes to import commercially from
whatever source between 1 July 197^ and 30 June 1975 a minimum quantity of             ι
19-100 metric tons of- common wheat or its equivalent in flour of common               •
wheat .                                                                          ' ■ !
                                                                               ι       .
                                                                                       I
                              ARTICLE VI                                               !
                                                                                       |
The recipient country shall take all steps required to prevent :
( 1 ) the re-export of the product received as aid and also of any products            j
      resulting therefrom ;                                                            j
( 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
      resulting therefrom .
                                                                                       ji
                                                                        ■ .ν           ι
                              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                  j
Commission of the European Communities with the following details :                     i
                                                                                        i
( 1 ) Immediately after the unloading of each cargo sports and dates of                 I
      arrival of vessel; nature, quantity and any observations as to the             j
      quality of the products unloaded ; date on which unloading was completed ;        j
( ii ) Every three months until the quantities received as aid have been fully
      used : quantities distributed ; number and nature of beneficiaries ; places , j
      rates and method of distribution .                                               j
 ---pagebreak---                                  ARTIG IK VIII
The Contracting Part5.ec shall at the request of cither consult each other
on any questions concerning the implementation of this Agreement .
                         <    . • »
                              •/.TÎTICIE IX    '
This Agreement is drawn up in duplicate in the Danish , Dutchi English , French ,
German and Italian languages . each of-tlief;e texts havi£ig equal force .
 ---pagebreak---                           Ν                                        ΑΝΝΚΛ
                                              \
                                            . λ
                                                                *
                           (
                        Genero ], provisions
                             Artide    1
 Delivery shall "be effected and risks shall pass form the European Economic
 Community , hereinafter referred to as the EEC , to the recipient country at
 the moment at which the goods are put down at the point of exportation
named by the Commission of the European Communities at the berth specified,
by the recipient country o t i ts agent referred to in Article 3.       under the
 terms specified in the following articles . Without prejudice to Articles 8 and
 9 the EEC shall bear all costs up to delivery and the recipient country those
beyond such delivery .                    ,     '
                             Article  2
On delivery a tolerance 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 EEC .
                             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 European Economic Cocimunity
                             Article  5
Should the EEC not be in a position to carry out delivery on the date and
( if applicable ) on the schedule as provided in Article 7i all costs
arising for the recipient country – for example demurrage void freight
and dead freight – shall bo borne by the EEC .
 ---pagebreak---  The charges and. the arrangements relating to demurrage laid, down in the
        I
 contract between the recipient country and the carrier must have been
 agreed in advanoe by the recipient oountry and tho agent of the EEC .
                                                                 V •
 The other costs referred to in the first paragraph Khali only - be refunded
 by the'' EEC if they have been paid by the recipient country with the approval
 of the' EEC .
                                                          Article 1 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
 prejudice 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
                       ..i, „ u:. , i ■ . w 1 1 ■ – 1 1 ■– -..i         i ii /J -
                                                         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 period referred to in Article 4 «
The agent of the recipient country shall inform the EEC of this date
immediately 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 .                        •
                                                       I
                                                         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
inform the agent of the EEC without delay .                           .
 ---pagebreak---    In this event trhew'date for the oommancement of do 3 iv<ary and ( if applicable )
   a new schedule could be agreed between the agents of the EEC and of the
*' recipient" country Tfte'~coBtsJ arising'' from "this'" delay ■ shall " In" al'l " cases'" • w •
   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 EEC
   may dispose of the goods without prejudice to its commitment under Article 1
   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 as soon
 •as possible and no–later–than - fi-f teen- clear days after- loading has been
   completed whether it intends to accept or to renounce the balance .
   In the former case the provisions of Article 8 , paragraphs 2 and 3 , shall
  apply to the balance , if delivery has not yet taken place .             '
   In the latter case the EEC may consider that it has discharged its commitment
  to the recipient country under Article 1 of this Agreement and shall bear
  the costs resulting from such renunciation .
  In any event 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 .
                                      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 , t5e~nature' aiiH~qu'antrty~oI"~tI?ei'a go6"cL's accepxed 'and'1-a"' T"
  including any comments on the quality of the goods . and send a copy thereof to
  the Commission of the European Communities .