CELEX: 51973PC1571
Language: en
Date: 1973-09-24 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 Sudan for the supply 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) 1571
Vol. 1973/0272
 ---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 ) 1571 final
                                                          Brussels , 24 September 1973
                     RECOMMENDATION FOR A COUNCIL DECISION
                 on the conclusion of an agreement between the
          European Economic Community and the Democratic Republic of
              Sudan for the supply of common wheat as food aid
                 ( submitted to the Council "by the Commission)
  COM(73) 1571 final
 ---pagebreak---                                     - 1 -
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
  Having regard to the Treaty establishing the European Economic Community ,
  and in particular Articles 113 ,      and 228 thereof ;
  Having regard to the Recommendation from the Commission ;
  Whereas the European Economic Community has deposited a Declaration for
  provisional application of the 1971 Good Aid Convention , whereas that
  Convention has been applicable since 1 July 1971 ;
  Whereas the Democratic Republic of Sudan , by its telegram of 30 March 1973 , 1
  has requested food aid ;
  Whereas in view of the cereal supply situation in the Democratic Republic
  of Sudan that country should be accorded , by way of gift , 5-000 metric
  tons of common wheat under the Community Food Aid Programme for 1972/1973 ;
  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 Democratic Republic of Sudan for the supply 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 ,           19                 For the Council
                                                    The President
 ---pagebreak---                       AGREEMENT
BETWEEN THE EUROPEAN ECOM)MIC CaHiUEITY AND THE DEMOCRATIC
                  REPUBLIC OP SUDAN
       CONCEMIK THE SUPPLY AS POOD AID OP SOFT WHEAT
 ---pagebreak--- THE COUNCIL OF . THE EUROPEAN CCffMUNITIES ,
                                              on the one part ,
THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF SUDAN,
                                             on the other part ,
HAVE DECIDED to conclude, this agreement and to this end have
designated as their plenipotentiaries :
THE COUNCIL OF THE EUROPEAN COMMUNITIES : .
THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF SUDAN,
                          i
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                               ARTICLE I
As a part of its Food Aid Programme ( cereals ) for 1972/73 , tie European
Economic Community shall supply the democratic Republic of Sudan hereinafter
referred to as the " recipient country" with 5000 metric tons of soft wheat .
                              ARTICLE II
Deliveries will be made in bulk fob to Community ports .
                              ARTICLE III
The obligations and responsibilities of the European Economic Community
and of the recipient country relating to delivery dnd the taking 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 produot received as aid for
purposes of consumption and to apply , for the sale of the product of its
market , the prices normally charged on that market for products of
comparable ouality.
 ---pagebreak---   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 i>aid into a special account and allocated to the financing
  of one or more development shemes which have already "been proposed bjr the
  recipient country and approved by the European 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 international trade . To this end they shall take any measures required
  to ensure that aid supplies are iri 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 soft wheat or its equivalent in flour of soft wheat .
                                ■  ARTICLE VII
  The recipient country shall take any measures required to prevent :
  ( l ) 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 oof 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-products resul­
        ting 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 Commission of the European Communities with the following
  information :
                                                              •/
 ---pagebreak--- ( i ) Not later thant 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 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 .
                                    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---                      AîïïEX TO ARTICLE III QP 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 been agreed upon in advance by the recipient
 country and the authorised agent of the European Economic Community
 referred to in Article 9 * '
  ■i :                         '   Artie La 2              '■ ' ' '
 The European Economic Community shall notify the recipient country in
 good time , of the port or ports of shipment , the quantities to be delivered
 at each . port , the period within which 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 ready for loading.
                                   Article 4
 On delivery of the goods , a tolerance of 55» less than the quantity to
 be supplied in accordance with Article 1 of the Agreement is permitted.
                                                                 •/
 ---pagebreak---                                Article 5
Once the goods are on board the vessel , the European Economic Community
shall notify the recipient "oountry of the date of loading, and the quantity
and quality of the goods are recorded in loading.
                               Article 6
The recipient country shall supply the European Economic Community , within
the period referred to in Article 2 , whith a vessel of dimensions correspon­
ding 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 latest by the
date on which the vessel should be 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 hold 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 entirety 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 .
In this event , until the date of loading of this balance or until the
recipient country gives notice in writing that ii? gives up this balance ,
the goods shall be hold at the expense , risk and peril of the recipient
country.
                                                     ./•
 ---pagebreak--- 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 country shall name for the European Economio 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 port or , where possible , 20
clear days prior to this date , and shall at the same time indicate how
soon after that date the vessel will be ready for loading.
T he recipient country shall insert in the charter party a clause
requiring the captain to inform the European Economic Community at least
72 hours in advance of the vessel 's 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 .