CELEX: 51975PC0079
Language: en
Date: 1975-03-05 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Republic of Turkey for the supply of soft wheat as food aid. (submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 79
Vol. 1975/0027
 ---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(75 ) 79 final
                                             Brussels , 5 March 1975
                       RECOMMENDATION FOR A
                         COUNCIL DECISION
          on the conclusion of an agreement between the European Economic
          Community and the Republic of Turkey for .the supply of soft
           wheat as food aid .
               ( submitted by the Commission to the Council )
COM ( 75 ) 79 final
 ---pagebreak---                                         --1-
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,
  Having regard to the Tr aaty establishing the European Eoonomic 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 Republic of Turkey, by its letter of 21 December 1973
  has requested food aid }
  Whereas in view of the cereal supply situation in Turkey _ that country
  should be accorded , by way of gift , 5 000 metric tons of soft wheat under the •
  Community Pood Aid Programme for 1973/74 }
 DECIDES t
                                Article    1
  On behalf of the European Economio Community an Agreement , the text whereof
  is annexed hereto , shall be oonoluded between the European Economic Community
  and the Republic of Turkey for supply of soft wheat as food aid.
                                Article    2
 The President of the Counoil is hereby authorized to designate those who
 are to sign the Agreement and to confer on them the requisite powers to
 bind the Community .
 Done at Brus sel s ,                19
                                            '                              . '
                                                    For the Council
                                                     The Président
( 1 ) J.O. L 219 du 9.0.74 , P. 36 .
 ---pagebreak---               AGREEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
AND THE REPUBLIC OP TURKEY ON      __
THE SUPPLY OP FOOD AID IN THE FORM OF
 SOFT WHEAT.
 ---pagebreak---                                     ■ - 3»-               ^
THE COUNCIL OF THE EUROPEAN COMMUNITIES .
                                          of the one part .
THE GOVERNMENT OP THE REFUBLIC OP TURKEY         _
                                               1
                                          of the other part ,
HAVE DECIDED to conclude this Agreement and to this end have
designated as their plenipotentiaries t
THE COUNCIL OP THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OP THE REPUBLIC OP TURKEY" :
WHO HAVE AGREED AS FOLLOWS i
 ---pagebreak---                            ARTICLE  I
The European Economic Community shall supply by way of gift to the '
Republic, of Turkey , (hereafter referred to as "the reoipient country") a
quantity of 5_000 metric tons of soft wheat under the Community 's food aid
programme in oereals for 1973/74 •
                                              /
                           ARTICLE  II
Deliveries will be made in hulk FOB in accordance with the details laid
down in the Annex which forms an integral part of the present Agreement .
                           ARTICLE  III
The reoipient country undertakes to make all necessary arrangements for the
transport and insurance of the produots from point of delivery to places
of destination .
It undertakes to exercise the greatest care to ensure that the tendering
arrangements for Bea transport do not prejudice the free play of fair-
competition . Any problems arising in this connection shall be .the subjeot
of consultations under Article VIII of the present Agreement .
                           ARTICLE  IV
The reoipient country undertakes to use the produot 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 by the Soil Produots
Office ( Toprak Mahsulleri Ofisi ) for products of comparable quality. The
proceeds from this sale less the costs of maritime transport and the normal
costs of marketing on the Turkish market 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
between the recipient country and the European Economic Community.
 ---pagebreak---                                             –S -t.
                              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
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 expeoted in the absence of such supplies .
In particular , the recipient country undertakes to import commercially from
whatever souroe between 1 July 1974 and 30 June 1975 a minimum quanity of
50,600       metrio tons of soft wheat or its equivalent in flour of soft wheat.
                              ARTICLE   VI
The recipient country shall take all steps required to prevent s
( 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 , either of any produot procured
         locally of the same nature as that received as aid , or of any products
         and by-products resulting therefrom .
                              ARTICLE   VII
The reoipient country undertakes to inform the European Economio 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 t ports and dates of
          arrival of vessel j nature , quantity and any observations as to the
          quality of the products unloaded ;; date on whioh 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 Belling 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 very year until the speoial aocount has been fully
        expended :
                                                      ' 1
        a) Summary of the account ( incomings and outgoings ) to 31 December
            of the previous yearj
         \\ mi  . _ * .. . _ - . » J 1. _   » _ ■ - 1
        b ; Stage of progress of the project Cr projects , indicating the
            total resources expended to that stage *
                               ARTICLE    VIII
The Contracting Parties shall at the request of either consult eaoh other
on any questions concerning the implementation of this Agreement .
                               ARTICLE    IX
This Agreement is drawn up m duplicate in the Danish , Dutoh , English ,
French, Qerman and Italian languages , each of these texts having equal foroe .
 ---pagebreak---                                                                      AWiNHiA. 1
                                     '■ -1 '        '      :       " '          1
                          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 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 or its agent referred to in Artiole 3. and under the
  terms speoified in the following artioles . Without prejudice to Articles & - and
1            shall "bear all costs up to delivery , and the recipient country those
  beyond delivery .
                              Article   2
  On delivery a tolerance of 5 i° less them the quantity of the product to be
  supplied in accordance with article I of rthe 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 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--- The charges 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 -tne 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 .
                               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 ^ 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 reoipient 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
immedately on learning it , and also that for commencement of delivery ,
if possible twenty day3 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 7i paragraph 1 , the agent of the reoipient country shall
inform the agent of the EEC without delay .
 ---pagebreak---  In this event a new date for the commencement of delivery and ( if applicable )
 a new schedule oould T"S' agreed between the agentB of the EEC and of the
 recipient country . The costs arising from this delay shall in all oases
 except force ma.jeure 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 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 f 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 , the nature and quantity of the goods acoepted and
inoluding any comments on the quality of the goods , and send a copy thereof
to the Commission of the European Communities .