CELEX: 51974PC1510
Language: en
Date: 1974-09-19 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Democratic Republic of Somalia 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) 1510
Vol. 1974/0242
 ---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
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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
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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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.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUN1TIES
                                                        COM(74) 1510 final
                                                        Brussels , 19 September 1974
                             RECOMMENDATION FOR A
                               COUNCIL DECISION
on the conclusion of an agreement between the European Economic Community and the
   Democratic Republic of Somalia for the supply of cereals as food aid
                ( submitted to the Council by the Commission)
COM(74 ) 1510 final
 ---pagebreak---                                                                        ■'ί
                                                                      1 :  '
             1,-;B COUNCIL OF THE EUROPEAN COMMUNITIES,^ ,
      ' " Having- regard to the" Treaty establishing the European Economic Community ,
             and in particular Articles 113 » 114 and 223 , 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 Democratic Republic of Somalia , by its letter of 3.12.1973
            has requested food aid ;                      ^7
       . Whereas in view of the cereal supply situation in Somalia that . country
            should be accorded , by way of gift ,                  5«000 tonnes        of cereals under the
            Community Food Aid Programme for 1 97 3/74 J of which 2.500 tonnes husked rice
            and 2.500 tonnes of soft wheat in the form of 1.655 tonnes of flour of soft
            wheat .                                        ...
            DECIDES :
                                                         Article    1
            On behalf of the European Economic Community an Agreement , the text a ." hereof
            is annexed hereto , shall "be concluded between the European Economic Community
            and the Democratic Republic of Somalia for supply of husked rice and flour of
            soft wheat as food aid .                                                       '
y          : ■ •••., . ' '                     •         Article    2
            The President of ; the Ccmncil is hereby authorized to designate those v;ho
            arp ;ta sign" ~ the Agreement
        ' . '                                   ' •
                                                      and to. confer on them ' '
                                                                                 the requisite
                                                                                         •
                                                                                               powers to
            bind . the • Communi ty .
    5 . :               ν       ι     , ,        ·
   , v l)on<y at Brussels,'
     «
                                          ■, 1
                                                             19
 * * ■     1 v     ' A.   ■ ■ .
■ 1      '       ' ;              , .               •
                                                                                  For the Council
• =                                                               •                The Président
               ^O.J. L 219 of 9.8.1974, p.19
 ---pagebreak---                        \
              AGREEîiEUT
BETWEEN THE EUROPEAN ECONOMIC COI-TKUNITY
AND THE DEMOCRATIC REPUBLIC OF SOMALIA ON
THE SUPPLY OF FOOD AID IN THE FORI! OF
CEREALS .
 ---pagebreak---  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                                           of the one part .
 THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF SOMALIA
                                           of "the other part ,
 HAVE DECIDED to conclude this Agreement and. to this end. hav
 designate   as their plenipotentiaries :
THE COUNCIL OF THE EUROPEAN COMMUNITIES :
THE GOVERUEtRNT OF THE DEMOCRATIC REPUBLIC OF SOMALIA :
V/IIO HAVE AGREED AS FOLLOVJS î
 ---pagebreak---                              ARTICLE   I
 The European Economic Community shall supply by way of gift to the Democratic
 Republic of Somalia (hereafter referred to as "the recipient country ") a
 quantity of     5 . 000 tonnes   of cereals     under the Community 's food aid
 programme in cereals for 1973/74f of which 2.500 tonnes of husked rice and
2.500 tonnes of soft wheat in the form of 1.655 tonnes of flour of soft wheat .
                             ARTICLE   II
Deliveries will be made              FOB in accordance with the details laid
down in the Annex which forms an integral part of the present Agreement
in new jute sacs of a net weight of 50 kg each for the rice and in new cotton
sacs of a net weight of 50 kg each for the flour .
                             ARTICLE   III
The recipient country undertakes 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 arising in this connection shall be the subject
of consultations under Article VIII of 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 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 been
agreed in advance between the recipient country and the European Economic
Community .
 ---pagebreak---                                  ARTICLE  V
■ The Centr&eting Parties undertake to implement this Agreement in eiueh ft way
  arj "to 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 aid are in addition to and do not replace business
  transactions which might reasonably be expected in the absence of such supplie
  In particular , the recipient country undertakes to import commercially from
  whatever source between 1 July 1974 and 30. June 1975 a minimum quanity of
  27.900 metric tons 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 any products
           and by-products resulting therefrom ;
  ( ii ) the export , commercially or otherwise , within a period of six months
           commencing from the final delivery :     '
           • locally produced soft wheat of the same nature as that received as
              aid or of any products derived therefrom .
           . locally produced rice 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 Communities 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 ;
    ( 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 country 's market ; costs of
             insurance and 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) Summary of the account ( incomings and outgoings ) to 31 December
             of the previous year 5
         b ) Stage of progress of the project or projects , indicating the
             total resources expended to that stage .
                               ARTICLE  VIII
The Contracting Parties shall at the request of either consult each other
on any questions concerning the implementation of this Agreement .
                               ARTICLE  IX
Tins Agreement is drawn up in duplicate in the Danish , Dutch ,. English ,
French , German and Italian languages , each of these texts having equal force
 ---pagebreak---                              :j
                           : <
                                                                 . AîïîiEX I
                          General provisions
                                Article 1
 Delivery shall be effected and risks shall pass form the European Economic
 Community * hereinafter referred to as the EEC , to the recipient country «...
        _ _ t. ,
 the moment at which the goods are put down at the point of exportation
 named by the Commission of the European Communities at the b6rth specified
 by the recipient country or its agent referred to in Article 3          ur>c<.er 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 delivery .
                                Article 2
 On delivery a tolerance of 5 % less than the quantity of the product to b-3
 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 .
Tke 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 A
Before implementing the procedures for appointing the agent of the Et<C
referred t® jn Article 3 , the Commission qf the European Communities and
 the recipient country shall jointly establish the period during which
delivery must begin *
                 Obligations of the European Economic Community
                                            »
                                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 7 » all costs
arising for the recipient country - for example demurrage void freight
and dead freight - shall be borne by the EEC .             "                     ,
 ---pagebreak--- . ..Tho char^ce and tha 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 IÏEC .
         /
                                   Article  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 vithov.t
   prejudice to the provisions of Article 5i a new date and a new time-lirrii't
    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 period referred to in Article 4 *
   The agent of the recipient country shall inform the EEC of this date .
   irnmedately 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
   inform the agent of the EEC without delay .
 ---pagebreak---                          u
" In this 'event a' new data for tha commencement of delivery and ( if applicable )
  a new 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 7i paragraph 1 , the EEC
      /   '
  may dispose of the goods without prejudice to its commitment under Article 1
  of this Agreement .
            ι
                                    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 E?X as soon
  as possible and. no later than fifteen 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 coE.Tiitii.ent
  to the 1 recipient country under Article 1 of this Agreement and shall bear
  the coots resulting from such renunciation .
  In any event after the expir^7of 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 *                       *
         M                     _     .,
                                                                »
              . ■                   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 of the European, Communities *