CELEX: 51973PC1138
Language: en
Date: 1973-07-11 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION concluding an agreement between the European Economic Community and the Democratic Republic of Somalia on the supply of food aid in the form of common wheat and rice (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1138
Vol. 1973/0204
 ---pagebreak--- Disclaimer
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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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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(73)1138 final
                                                       Brussels , 7 July 1973
                              RECOMMENDATION FOR A.
                                COUNCIL DECISION
        concluding an agreement between the European Economic Community
        and the Democratic Republic of Somalia on the supply of food aid
                      in the form of common wheat and rice
                 ( submitted to the Council "by the Commission)
COM(73 ) 1138 final
 ---pagebreak---    THE COUNCIL OF THE EUROPEAN COMMUNITIES :
  Having regard to "the Treaty establishing the European Economic Community ,
  and in particular Articles 113 . 114 a**d 228 thereof ,
                                                                 1
  Having regard to the Recommendation from the Commission ,
  Whereas the European Economic Community has deposited a declaration of pro­
  visional application of the Pood Aid Convention of 1971 ; and whereas that
  Convention has "been effeotive since 1 July 1971 ;
  Whereas "by letter of 2 February 1972 the Democratic Republic of Somalia
  submitted a request for food aid ;
  Whereas in view of the supply position for oereals in the Democratic Republic c
  Somalia this country should be granted 10,000 metric tons of common wheat and
  5,000 metric tons of rice as a gift under the 1971/1972 Community Food Aid
  Programme :
                                                                              ν
• HAS DECIDED THAT :
                                   Article 1
  On behalf of the European Economic Community an Agreement is hereby concluded _
  between the European Economic Community and the Democratic Republio o:T Somalia
  concerning the supply of food aid in the form of common wheat , the text of
  which Agreement is annexed to this decision .
                                   Article 2
                                                                              *
  The President of the Counpil is hereby authorized to designate the persons
  empowered to sign the Agreement and to confer on them the^ powers necessary
  to commit the Community . •                                                     •
  Done at Brussels ,                                         For the Council
                                  "          '                The President
 ---pagebreak---                            AGREEMEMT
           EETWEEHT THE EUROPEAN ECONOMIC COMtlUluTY
           Aim THE DEMOCRATIC REPUBLIC OP SOMALIA
ON THE SUPPLY OP POOD AID IN THE FORM OP COMMON WHEAT AND RICE
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES .
                                                       on "the one hand .
THE GOVERMENT OP THE DEMOCRATIC REPUBLIC OP SOMALIA ,
                                                       on "the other hand ,
HAVE DECIDED to conclude this Agreement and to this end have designated
as their plenipotentiaries :
THE COUNCIL OP THE EUROPEAN COMMUNITIES :                   '      1
THE GOVERNMENT OP THE DEMOCRATIC REPUBLIC OP SOMALIA :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                  Article T
As a part of its Pood Aid Programme (cereals ) for 1971/ 1972 , the European
Eoonomio Community shall supply the Democratic Republic of Somalia , herein­
after referred to as the "recipient country", with 10,000 metric tons of
common wheat and 5»000 metric tons of rice .
                                 Article II                    •  •
Deliveries will he made cif to ports of unloading in the recipient country
in new jute sacks of a net weight of 50 kg .
                                 Article III
The obligations and responsibilities of the European Economic Community and
of the recipient country relating to delivery and the talcing 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 arrangements for the
transport and insurance of the product from ports of unloading to places of'
destination .
                                 Article V
The recipient country undertakes to use the product received as aid for pur- * . • •
                                                                        T
pose3 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 , less the normal cost of selling the product on the
recipient country 's market , will be paid into a special account in the Central
Bank and allocated to the financing of one or more development projects which
have already been proposed by the recipient country and approved by the Euro­
 "                                                         *             *
pean Economic Community.
                                 Article VI
The Contracting Parties undertake to implement this Agreement in such a way as to
avoid any prejudice to the normal structure of domestic production and interna­
tional 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
 ---pagebreak--- 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 1973 and' 2,6 June 1974 a minimum quantity of 22,000 metric tons
of cereals .
                                   Article VII
The recipient country shall take any measures required to prevent :
(i )   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-produots 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
                                                                                    x. ,
Commission of the European Communities with the following information :
(i )   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 : quantities sold , how they have been sold , selling prioes ; normal
       selling oosts on the recipient country 's market ;          ' .'
                                                            •»
(iii.) On 15 January every year until the speoial account ha& been fully used :
                             •              ».                     »
       (a
        • -
           ) State of . this acoount (- incomings and outgoings \on' 31 Deoember
                                                                             '
                                                                                 of
             the preceding year ;    -                          .
                                                                                         1
       (b ) Progress achieved on the projeot or projects .
                                   Article IX    :
At the request of either of them , the Contracting Parties shall consult each
other on any questions concerning the implementation of this Agreement .
                                   Article X
This Agreement is drawn up in duplioate in the Danish , Dutch, English , French ,
German and Italian languages , . each of these texts being equally authentio . .
 ---pagebreak---          ANNEX REFERRED TO IN ARTICLE III OP THE AGREEMENT
                                Article 1
Delivery shall "be effected and. risks shall pass from the European Economic'
Community to the recipient country at the moment when the goods axe actually
removed from the ship 's hold at the port of unloading . The recipient country
 shall hear all costs subsequent to delivery of the goods , including unloading
costs ( such as unstowing , hoisting and reception and any lighterage costs ).
Any demurrage costs or dispatch money at the port of unloading shall he a .
charge on or for the benefit of the recipient country . The rates and detailed
arrangements relating thereto laid down in the contract between the authorized
agent of the Community referred to in Article 5 and. the carrier must have been
agreed upon in advance by the authorized agent and the receiving agent of the
recipient country referred to in Article 5 «
                                Article 2
The European Economic Community shall , as soon as possible after the goods
                                                                             ν .
have been loaded , notify the recipient country of the ship 's name , the date
of loading , the quantity and quality of the goods as recorded at time of loading
and the port of unloading .
                                Article 3
The European Economic Community shall inform the recipient country of the
vessel 's expected date of arrival at the port of unloading at least ten clear
days before that date .                                      •   '
                                                       •i
The European Economio Community shall insert in the oh'arter" party a clause
requiring the captain to inform the recipient country at least 72 hours in
                .·                        -                τ   ·
advance of the vessel 's estimated date of arrival in port'.
                                Article 4
On delivery of the goods , a tolerance shall be allowed of 5 5° less than the
quantity to be supplied under Article 1 of the Agreement .
 ---pagebreak---                                 Article 5
                        »' ' '•
To implement the provisions of this Annex , the. European Economio Community
shall appoint an authorized agent , whose name and address shall "be made known
to the recipient country in good time .
The recipient country shall appoint a receiving agent in each port of unloading ,
whose name and address, shall he made known to the European Economic Community
before the Agreement is implemented .