CELEX: 51974PC0953
Language: en
Date: 1974-06-27 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Republic of Cyprus 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 (74) 953
Vol. 1974/0162
 ---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
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 ---pagebreak---           COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                COM(74)953 final
                                                               Brussels . 27 June 1974
                            RECOMMENDATION FOR A COUNCIL DECISION"
               on the conclusion of an agreement "between the European Economic
        Community and the Republic of Cyprus for the supply of soft wheat as food aid
                       ( submitted to the Council "by the Commission )
; C°M(74 ) 953 final
 ---pagebreak---       •THE COUNCIL OP TJLE EUROPEAN" COItfJUWITIES ,
                   »                                                                   •
      Having regard to the Treaty establishing tho 'European Econonu.o Community ,
                                                     O-1
 •- and in partioular Articles 113 » H4 ewd 223 thereof }
                                                                •           •
                                       «    * .ø  f
                                      l'                                             • *
     Having regard to the Recommendation from - the Commission ;
                                                                        • «
                                      C?
     Uhereas tho European Economic Community has deposited a Doolaration for
     provisional application of the 1971 Pood . Aid Convention ; whereas that
                                  •                                                ·
     Convention has "been applicable oinco 1 July 1971 1                               •           *     •
       •         •                                       •        »           ,
    Whereas the Republio . of. Cyprus , , by its letter -o.f 5.6.1973 , has requested.
 •                     •                                            ' •                        «     • ,
     food aid j                 •
    Whereas in view of tho oereal oupply situation' in tho Republic of Cyprus
    that country         should be accorded , by way of gift , 5 000 metric tons
' of soft wheat under the Community Food Aid Programme for 1973/74 ,.
     [)ECTDr:Sî
                                                       Article 1 .
    On behalf of tho European Economic Community on Agreement , the text whereof
    is annexed hereto , shall be concluded between tho European Economic Community
    and tho Republio of Cyprus            for the supply of soft wheat aB food aid .
                                   ■«   '              Article 2
                            .                                                   φ
   Tho President of tho Council io hereby authorized to designate those who
         •                                                                                                  '•
   are to sign tho Agreement and to oonfor on them the requisite powers to bind
   "tho Community*                               , •         .*                   V          •
                              »           .              *•«                               \
   Done at Brussels ,                                                                      For the Council .
.      "             .            ...        •••    ; • .                                *                     •
         .                                            •'                         ■ '          Tho President
 ---pagebreak--- lHTKffiìI TJÌÌb lTJROrSAtf JilCOr.OniC CG&mTfY
    AND THE RairjBLIC OP . CYPRUS
ON TIB SUPPLY OP FOOD AID 117 TilS FOR ): OP
            ' "SOPT ME AT
 ---pagebreak---                                                            !  '
 THE COUlJCIIf OP THE EUROPEA1T COIfrlUlJITIES ,
                                                   of tlie one part ,
                   ■ C?
 THE GOVERNKG).<T OP TIIG REPUBLIC OF CYPRUS
                                                 ' of xhc othcr^art .
 HAVE DECIDED bo concluded this Agreement and "to this end have
'designated as their, plenipotentiaries :
 THE COUNCIL OP THE EUROPEAN COIUrUlJITJi^S :
 TEE G0VERK1ISKT OP THE REPUBLIC 0? CYPRUS
 WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                     • AÏÏTICJE I
The European Economic Community filial 1 supply "by way of grft "to the Republic
 of Cyprus (hereafter referred to as " the recipient country ") a quantity 0f
 5.000 tons of soft wheat under the Community' s food aid programme, in cereals
 foF 1973/74           • • ' '" .
                                       mrsciB ix
Deliveries shall be effected in bulk , FOB under the arrangements provided in
Annex I which forms an integral part of the present Agreement .
                 '   '               . AimClR XII
The recipient country undertakes to make all necessary arrangements for tne
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 arrf.
gements for sea transport do not prejudice the free play of fair competition .
Any problems arising in this connection shall be thg . subject of consultations
under Article VIII of the present Agreement'..                "
              *               . • .              ..       . "
    '* • "         .        T .        cticle: iv   ' .
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 0x1 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 moVe development pro jc c
under arrangements which, have been agreed in advance between the recipient
country and the -European Economic Community.
 ---pagebreak---                                           /.rtïïoiïï v                     ■ '
 !fhe Contractine Portion undertake 'to implement this Acreraonl in Mich * W
 no -to avoid, tmy prejudice to ;the norraal ctruotuw of national'production ^
 nud international traiio . To tliiu end they shall take any Manures required
to ensure that supplies as aid ore in 'addition to «* do not replace business
 •transactions which mCht reasonably te expected in the absence of such supplie
in particular, the recipient country undertakes to import commercially fro,
whatever source tate.n l July 1974 and 30 June , 1975 a minimum quantity of
*337400»otric tons of «o«.«M>at or its equivalent in flour of soft Khcat.
                                            ΛΒΤΪ0Ι5! VI
    The recipient coiartry shall take all cteps required to prevent :
    ( i ) the re-export of the product received as aid and also of any products
        ' resulting therefrom ;
    ( ii ) the export , commercially or otherwise , vathin a period of six months
              commencing from the final delivery , either of any product procured
           . locally of the sav;e nature as that received as aid , or of any products
              resulting there from .                           •
          +         *                                                             •
                                         ' AKTICIE VII
                                       C7
    The recipient country undertakes to inform the EEC of hoy; this Agrecmenx
    is implemented . 'To this end it shall provide the Commission of the .-European
    Communities v.'ith the follov;ing details :                      •
    ( i ) Immediately o.fter 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 v;hich unloading v;as completed ;
         . costs of sea transport and of insurance relating thereto ;
    ( ii ) Every three months until the quantities received as aid have "been fully
             •used : quantities sold ; manner of salejactual selling prices jnormal sell
            costs on the recipient country 's market ; costs of insurance ( and of trans
            port if applicable ) from the port of unloading to the places of destina­
         tion ;
                                                   •               '   • ♦
    ( 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 .
 ---pagebreak---                                   -4~
                                  Aime JE V III
                               f    «I II    «
• The Contracting Parties ah all at 'the request of either consult each other
  on any questions concerning the implementation of this Agreement .    ■
                      •  <                               •
     •                            JSmGîS IX
 This Agreement 'is draiai up in duplicate in the Danish., Dutch , English , Frenc
 German and I tali mi languages , each of these texts having equal force .
 ---pagebreak---                                                                    AtJ?:EJT~T
                        Gcnorrl provisions
                                                             «
                            Article   1
 Delivery shall be effected and risks shall pass form the European Economic
 Community , hereinafter referred to as the EEC , to the recipient country at
 the moment at which the goods are put down at the point of exportation
 named by the Commission of the European Communities at the berth specified
 by the recipient country or its agent referred to in Article 3 and under the
 terms specified in the .following articles . Without prejudice to Articles 7 and
 8 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 quantity of the product to be
 supplied in accordance with article I of the Agreement shall be admissible .
                           Article   3
The EEC shall appoint an agent to implement the provisions of the present
Annex – or for each consignment - whose name- and address it shall make
known to the recipient country immediately following his appointment .
The recipient country shall appoint an agent in the port or ports of ship­
ment , whose name and address it shall make known to the EEC with all
despatch and if possible before the appointment of agent of the EEC .
                                                      0 •
                           Article  4
Before implementing the procedures for appointing the agent of the EEC
referred to in Article 3 , the Commission of the European Communities and
the recipient country shall jointly establish the period during which
delivery must begin .
              Obligations c . the European Economic Community
                           Article  5                     '
Should the EEC not be in a position to carry out delivery^ on the date and
(if applicable ) a» the schedule as provided in Article 7 » all costs
arising for the recipient country – for example demurrage void freight
and dead freight – shall be borne by the EEC .
 ---pagebreak---    The charges and the arrangements relating to demurrage laid down 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 ESC .
   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 approval
   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 of
  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  8
  Should the recipient country be unable to begin loading on the date provided
 for in Article 7 » 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 appliccitle )
  a new schedule could be agreed between the agents of the EEC and of the
  recipient country . The costs arising from this delay shall in all cases
  except force ma .1 cure 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 f , paragraph 1 , the EEC
 may dispose of the goods without prejudice to its commitment under Article 1
 of this Agreement .
                                     Article  9
                               ι
 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 8 , 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 .