CELEX: 51973PC2085
Language: en
Date: 1973-12-17 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Republic of Bolivia for the supply of soft wheat as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 2085
Vol. 1973/0376
 ---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
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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
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
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 ---pagebreak---        COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                  COM(73)2085 final
        .1 *
                                                                  Brussels , 17 December 1973
  V V' 1
   ■ ■  t
        η
                                     RECOMMENDATION FOR A
                                      COUNCIL DECISION
             on "the conclusion of an agreement "between the European Economic
                   Community and the Republic of Bolivia for the supply
                                   of soft wheat as food aid
                       ( submitted to the Council lay the Commission)
CQM(73 ) 2085 final
 ---pagebreak--- THE COUNCIL OP THE EUHOPE/LN COKKUNITIES ,
            »                                          i
Having regard "to the Treaty establishing the European Economic Community ,
and in particular Articles 113 « 114 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 Pood Aid Convention ; whereas that
Convention has "been applicable since 1 July 1971 ;
Whereas the Republic of Bolivia by its letter of 20 November 1972
has requested food aid ;
Whereas in view of the cereal supply situation in the Republic of Bolivia
that country should be accorded , by way of gift ,      10 000   metric tons
of soft wheat               under the Community Pood Aid Programme for 197?/73
DECIDA :
                                   Article 1
On behalf of the European Economic Community am Agreement , the text whereof
is annexed hereto , shall be concluded between the European Economic Community
and the Republic of Bolivia                for the supply of soft wheat
as food aid .
                                   Article 2
The President of the Council 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 Brussels ,                   19                    For the Council
                                                            The President
 ---pagebreak---                 AGREEKSNT
BETWEEN THE EUROPEAN ECOKDLUC COKLIUNITY
A13D THE REPUBLIC OF BOLIVIA       '
ON THE SUPPLY OP FOOD AID IN" THE FORM OF
 SOFT WHEAT
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                                     on the one hand .
THE GOVERNMENT OP THE REPUBLIC OF BOLIVIA
                                                     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 :
THE GOVERNMENT OP THE REPUBLIC OF BOLIVIA i
                                      »
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                  AÏITTCT ,1? I
As a pari of its Pood Aid Programme (Cereals ) for 1972/73 > '^1C Earopenn
Economic Community shall supply, by wsy of sift , the Republic of Bolivia
               , hereinafter referred to as the "recipient country ", with
10 000    metric tons of soft wheat .
                                 ARTICLE II        ]
Deliveries will bo made in bulk , fob to Community ports .
                                 ARTICLE III
The obligations ejid 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 untertakes 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 pur­
poses 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 .
 ---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
 he paid into a special account at the Central Bank and allocated to the financing
or one or more development schemes which have already been proposed by 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 inter­
national 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
 might reasonably he expected in the absence of such supplies . In particular ,
 the recipient country undertakes to import commercially from whatever source
 between 1 January 1974 and 31 December 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 prevents
 (i )     The re-export of the product received as aid and of products and
          by-products resulting from such supplies j
 ( 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-products 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 Commission
of the European Communities with the following information :
 ---pagebreak---                                    - 3 -
 (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 j
 (ii )  Every three months until the quantities received as aid have "been
        fully used : quantities sold , how they have "been sold , selling prices j
        normal selling costs on the recipient country 's market j
(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 preceding : year }
         (t>) Progress achieved in the project or projects , with an indication
               of the total amount of financing undertaken at that stage .
                                  ARTICLE TX
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, Italian and Spanish language each, of these texts being equally
authentic .
 ---pagebreak---                         AKNEX TO ARTICLE III OP TID3 AGREEtfEîîT
                                      Article 1
Delivery shall "be effected and ricks 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 authorized
agent of the European Economic Community referred to in Article
       *
                                      Article 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 loterance of 5     less than the quantity to be
supplied in accordance with Article 1 of the' Agreement is permitted .
 ---pagebreak---                                Article S
Once the poods 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 .
                               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 latest "by the
date on which the vessel should be ready for loading in accordance with Article
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
Should1 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 condi-tions 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 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 .
 ---pagebreak---  If this obligation is not respected , the European Economic Commnity mny
 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 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 date
the vessel will be ready for loading .
The 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 authorized 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 shij>-
ment , whose name and address shall be made known to the European Economic
Community before the Agreement is implemented .