CELEX: 51974PC1616
Language: en
Date: 1974-10-08 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 cereals as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1616
Vol. 1974/0259
 ---pagebreak--- Disclaimer
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(74 ) 1616 final
                                                          Brussels . 8 October 1974
                            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 cereals as food aid
               ( submitted to the Council by the Commission)
 COM(74 ) 1616 final
 ---pagebreak---   THE 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 Sudar> by its letter of >20.8.1973
 has requested food aid ;
 Whereas in view of the cereal supply situation in Sudan        that country
 should be accorded , by way of gift ,    5*000 tonnes of sc\ft wheat  under the
 Community Pood Aid Programme for 1973/74 ;
 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 Corroiur.it
 and the Democratic Republic of Sudan for the supply of soft wheat as food aid .
                                          I
                                  Article   2
 The President of the Council is hereby authorized to designate those who
 axe to sign the Agreement and to confer on them the requisite powers to
 bind the Community .
 Done at Brussels ,                  19
                                                       For the Council
                                                        The Président
( 1 ) J.O. L 219 du 9 -». 74 , p. 19
 ---pagebreak---               AGREEKENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
AND THE DEMOCRATIC REPUBLIC OF SUDAN ON
THE SUPPLY OF FOOD AID IN THE FORM OF
CEREALS .
 ---pagebreak---  TIE COUNCIL OF THE EUROPEAN COKKUIflTIES .
                                            of the one part .
 THE GOVERNMENT OF THE   DEMOCRATIC REPUBLIC OF SUDAN
                                            of the other part .
 HAVE DECIDED to conclude this Agreement and to this end have
 designate , as their plenipotentiaries :
THE COUNCIL OF THE EUROPEAN COMMUNITIES :
THE GOVERNEKENT OF THE DEMOCRATIC REPUBLIC OF SUDAN ;
Y/HO HAVE AGRESD AS FOLLOYÏS :
 ---pagebreak---                             ARTICLE  I
 The European Economio Community shall Gupply oy way of gift to the Democratic
 Republic of Sudan    ( hereafter referred to as "the recipient country ") a
 quantity of 5»0C0 tonnes of soft wheat        under the Community 's food aid
programme in cereals for 1973/ 74 *
                            ARTICLE  II                   '
Deliveries will "be made in bulk FOB in accordance with the details laid
down in the Annex which forms an integral part of the present Agreement .
                                                                            è
                            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 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 expected in the absence of such supplies
 In particular , the recipient country undertakes to import commercially frcm
whatever source between 1 July 1974 and 30 June 1975 a- minimum quanity of
 152.200 tonnes           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 , either of any product procured
         locally of the sane 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 Conmunities 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 teen
          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 ;
        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
This Agreement is drawn up in duplicate in the Danish , Dutch , English ,
French , German and Italian languages , each of these texts having equal force .
 ---pagebreak---                              Article   1
livery .hall be footed and
■uex       *                      ■
                                            .hall Pa« f*» «. Europe^ –°
                                              ,. Tp-.n + ~ +>ip recipient country
 Community, hereinafter referred to as the       EC, to the recip
 the moment at ,hich the goods are put do,, at the point of export
 named by the Cession of the European Comities at the berth specify
 ; the recipient co^try or its agent referred to in Article 3 «d
 terms specified in the following articles. Without prejudice to Articles an
■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 entity of the product t. «
  supplied in accordance uith article I of the Agreement shall be a^issioi .
                              Article    3
  The ESC shall appoint an agent to implement the provisions of t e „re-er.«
  'Annex - or for each consignment - whose name *md address it sha na.
   lcnovjn to the recipient country immediately following his appoxnur.cn .
   The recipient country shall appoint an agent in th~ port or *
   mcnt, whose neune and address it shall make known to the EEC vith al
    despatch and if possible before the appointment of agent of the –
                               Article    4
    Before implementing the procedures for appointing the agent o t .e ^
     referred to in Article 3, the Commission of the European Community a..a
     the recipient country shall o°intly establish the period dur
     delivery must begin .
                   Obligations of the European Economic Community
                                Article     5
      SWd the EEC not be in a position to carry out delivery on the d,te ar,
      (if applicable) on the schedule as provided in Article 7 , all <**."
      arising for the recipient country - for example demurrage void f..-^...
    ' and dead freight - shall be borne by the aiC.
 ---pagebreak---  The charges and the arrangements relating to demurrage laid dovm 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 approve-!
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 7 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 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 cf
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 jfor 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  o
Should the recipient country be unable to begin loading on the date provided
for in Article 7i paragraph 1 , the agent of the recipient 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 could "be agreed between the agents of the EEC and of the
recipient country . The ooa'te arising from this delay shall in all oases
except force ma.ieure 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 ti , 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 accepted and
including any comments on the quality of the goods , and send a copy thereof
to the Commission of the European Communities .