CELEX: 51973PC1504
Language: en
Date: 1973-09-07 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Republic of Sri Lanka for the supply of flour of common wheat as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1504
Vol. 1973/0261
 ---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(73)1504 final
                                                      Brussels , 7 September 1973
     on "the conclusion of an agreement between "the European Economic
     Community and the Republic of Sri Lanka for the supply of flour
                         of common wheat as food aid
               ( submitted: to the Council "by the Commission)
     COM(73 ) 1504 final
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COffimNITISS ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Articles 113 » 114 and 223 thereof j
Having regard to the Recommemdation from the Commission |
Whereas the European Economic Community has deposited a Declaration for
provisional application of the 1971 Pood Aid Convention 5 whereas that
Convention has been applicable since 1 July 1971 j
Whereas the Republic of Sri Lanka , by its letter of 18 October 1972 , has
requested food aid ;
Whereas in view of the cereal supply situation in the Republic of Sri Lanka
that country should be accorded , by way of gift , 10 000 metric tons of
common wheat in the form of 6 623 metric tons of flour of common wheat under
the Community Food Aid Programme for 1972/73 1
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 Sri Lanka for the supply of flour of common wheat as
food aid .
                                  Article  2
The President of the Council is hereby authorised to designate those who are
to sign the agreement and to confer on them the requisite powers to bind the
Community .
Done at Brussels ,                           For the Council
                                              The President
 ---pagebreak---                   AGREERENT
BETWEEN THE EUROPEAN ECONOMIC COIMJNITY AND
         THE REPUBLIC OP SRI LANKA
         ON THE SUPPLY OF POOD AID
    IN THE FORM OF FLOUR OF COMMON WHEAT
 ---pagebreak---                                    - 2 -
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                on the one part ,
THE GOVERNMENT   OP THE REPUBLIC OP SRI LANKA
                                On the other part ,
HAVE DECIDED to conclude this Agreement and to this end have
designated as the plenipotentiaries :
THE- COUNCIL OP THE EUROPEAN COMMUNITIES            ;
THE GOVERNMENT OF THE REPUBLIC OP SRI LANKA :
WHO HAVE AGREED AS FOLLOWS
 ---pagebreak---                                  ARTICLE  I
As a part of its Food Aid Programme ( Cereals ) for 1972/ 73j the European
Economic Community shall supply the Republic of Sri Lanka , hereinafter
referred to as the "recipient country ", with 10 000 metric tons of common
wheat in the form of 6 623 metric tons of flour of common wheat .
                                 ARTICLE  II
Deliveries will be made m bulk , fob to Community ports in new cotton
sacs with a net weight of 68,038 kg each ( 150 lbs .)
                                 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 shipment to places of
destination .
It undertakes to exercise the greatest possible care to ensure that the
tendering arrangements for the transport by sea are not prejudicial to the
free play of fair competition . Any problems arising in this connection shall
be the subject of consultations under Article IX of the present Agreement .
                                 ARTICLE  V
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 , less the cost of sea transport , insurance and
the normal cost of selling the product on the recipient country 's market ,
will be paid into a special account and allocated to the financing of one
or more development schemes which have already been proposed by the recipient
country and approved by the European Economic Community.
 ---pagebreak---                                        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
international trade . To this end they shall take any measure required to
ensure that aid supplies 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 from whatever source between 1 July 1973 and 30 June 1974 a
minimum quantity of                   metric tons of common wheat or flour of
common wheat .
                                       ARTICLE  VII
The recipient country shall take any measures required to prevent :
  ( i ) The re-export of the product received aa 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 processed products of
         this flour of common wheat *
                                       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
Commission of the European Communities qith the following information :
    ( i ) Not later than thirty days after the unoading 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 haye been sold, selling prices ;
          normal selling costs on the recipient country 's market ;
( iii ) On 15 January every year until the special account has been fully used
          ( a) State of this account ( incomings and outgoings ) on 31 December of
               the proceding year ;
          (b ) Progress achieved in the project or projects , with an indication
               of the total amount of financing undertaken at that stage .
 ---pagebreak---                                      - 5 -
                                   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 duplicate in the Danish , Dutch , English , French ,
German and Italian . languages , each of these texts being equally authentic .
 ---pagebreak---                             MNEX TO ARTICLE III OF THE AGREEMENT
                                      Article      1
  Delivery shall "be effected and risks shall pass from the European Economic
  Community to the recipient country at the moment at which the goods have
  been placed in the ship 's hold at the port of shipment .
  The recipient country shall "bear all costs subsequent to delivery of the
  goods , including costs of stowage and , where appropriate ,- of trimming and
  bagging .                                                       • ,
  Any demurrage costs or dispatch at the port of shipment shall be a charge on
  or for the benefit of the European Economic Community and shall be determined
  before the vessel sails . The rates and detailed arrangements relating thereto
  laid down in the contract between the recipient country and the carrier must
  have been1 agreed- upon in advance by the recipient country and the authorised
- agent of; the European Economic Community referred to in Article 9 »
                                      Article       2
    ■>        '··  Λ;.··}:/  '*.··'         ' ->· ·
  The European Economic Community, shall no.tify the recipient country in good
  time of the port or ports of shipment , the quantities to be delivered at
  each port , the period within loading must begin , and the daily loading rate .
                                    - Article       3
  The European Economic Community must be prepared to load the goods on the
  date resulting from the instructions in Article 8 , whereon the vessel should
  be rady for loading.
                                      Article     4
  On delivery of the goods , a loterance of 5 ft less than the quantity to be
  supplied in accordance with Article 1 of the Agreement is permitted.
                                      Article       5
  Once the goods are on board the vessel , the European Economic Community shall
  notify the recipient country of the date of loading, and the quantity and
  quality of the goods as recorded on loading.
 ---pagebreak---                                     Article  6
 The recipient country shall supply the European Economic Community , within the
 period referred to in Article 2 , with a vessel of dimensions corresponding to
 the normal loading potential of the port of shipment .
 Should it prove impossible for the vessel to begin loading within the period
 referred to in Article 2 and should the recipient country not have notified
 the European Economic Community of this fact in writing at the lastest by the
 date on which the vessel should ne ready for loading in accordance with Article 8 ,
 the goods shall be at the disposal of the European Economic Community .
Whatever the circumstances , the goods shall be held at the expense , risk and
peril of the recipient country.
                                   Article  7
Should the recipient country fail to provide a vessel of suitable tonnage or
if the quantity made available for loading on a vessel of suitable tonnage cannot
be put on board in its entirely because of circumstances beyond the control of
the European Economic Community , the balance shall be loaded onto the next
vessel under the conditions laid down in this annex .
It this event , until the date of loading of this balance o? until the recipient
country gives notice in writing that it gives up this balance , the goods shall
be hold at the expense , risk and peril of the recipient country.
The recipient country must notify the European Economic Community within a
period of a maximum of 30 days from the beginning of loading of the shipment
to which these goods should have belonged , of the date on which loading of this
balance is due to begin or of its renunciation of this balance .
If this obligation is not respected , the European Economic Community may
consider that it has discharged its commitment to the recipient country under
Article 1 of the Agreement .
                                   Article  8
The recipient oountry shall name for the European Economic Community the vessel
that is to ship the goods at least 10 clear days prior to the estimated date
of arrival of the vessel in part or , where possible , 20 clear days prior to
this date , and shall at the same time indicate how soon after that dat the
vessel will be ready for loading.
 ---pagebreak---                                     - 3 -
The recipient country shall insert in the charter party y claise requiring the
captain to inform the European Economic Community at least 72 hours in advance
of the vesselis estimated date of arrival in port .
                                Article   9
To implement the provisions of this annex , the European Economic Community
shall appoint an authorised agent , whose name and address shall be made known
in good time to the recipient country.
The recipient country shall nominate a receiving agent in each port of shipment ,
whose name and address shall be made known to the European Economic Community
before the Agreement is implemented.