CELEX: 51973PC1496
Language: en
Date: 1973-09-07 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION concluding an agreement between the European Economic Community and the Yemen Arab Republic on the supply of food aid in the form of common wheat (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1496
Vol. 1973/0260
 ---pagebreak--- Disclaimer
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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
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(73 ) 1496 final
                                                      Brussels , 7 September 1973
                               COUNCIL -DECISION
      concluding an agreement between the European Economic Community
     and the Yemen Arab Republic on the supply of food aid in the form
                                of common wheat
                ( submitted to the Council by the Commission)
   COM(73 ) 1496 final
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Economic Community ,
and in particular Artioles 113 , 114 and. 228 thereof ,
Having regard to the Recommendation from the Commission ,
Whereas the European Economic Community has deposited a declaration of
provisional application of the Pood Aid Convention of 1971 1 and whereas
that Convention has been effective since 1 July 1971 1
Whereas by letter of 8 December 1971 the Yemen Arab Republic submitted a
request for food aids
Whereas , in view of the supply position for cereals in the Yemen Arab
Republic this country should be granted 4 000 metric tons of common wheat
as a gift under the 1971/1972 Community Food Aid Programme ;
HAS DECIDED THAT :
                                 Article   1
On behalf of the European Economic Community an Agreement is hereby concluded
between the European Economic Community and the Yemen Arab Republic concerning
the supply of food aid in the form of common wheat , the text of which Agreement
is annexed to this dicision .
                                 Article   2
The President of the Council is hereby authorized to designate the persons
empowered to sign the Agreement and to confer on them the powers necessary
to commit the Comiaunity.
                                         Done at Brussels ,
                                             For the Council
                                              The President
 ---pagebreak---               ÂGREEMMT
  BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
     AND THE YEMEN ARAB REPUBLIC ON THE
SUPPLY OP POOD AID IN THE FORI! OP COMMON WHEAT
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMUNITIES ,
                                  on the one part ,
THE GOVERNMENT OF THE YEMEN ARAB REPUBLIC ,
                                  on the other part ,
HAVE DECIDED to conclude thi3 Agreement and to this end have designated
as their plenipotentiaries :
THE COUNCIL OP THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OP THE YEMEN ARAB REPUBLIC :
WHO HAVE AGREED AS FOLLOWS :                                ■
                                                              /
 ---pagebreak---                                  . ARTICLE I
As a part of its Food Aid Programme (Cereals ) for 1971/1972, the European
Economic Community shall supply the Yemen Arab Republic , hereinafter referred to
 to as the "recipient country ", with 4 000 metric tons of common wheat .
                                   ARTICLE II
Deliveries will be made in bulk , cif to ports of unloading m the recipient
country .
                                   ARTICLE III
The obligations and responsibilities of the European Economic Community and
of the recipient country relating to delivery and the taking of - delivery are
defined in' the Annexe 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 unloading to places of
destination .
                                   ARTICLE V
*                                                   τ .
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 normal cost of selling the product on
the recipient country 's market , will be paid into a special account in the       ...
Central Bank and allocated to the financing of one or more development
projects which have already been proposed by the recipient country and
approved by the European Economic Community.
                                   ARTICLE VI                                    .
The Contracting Parties undertake to -implement' r 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 in addition to , and do not replace , business
transactions which might reasonably be expected in the absence of fcuch
supplies .
 ---pagebreak---                                        ARTICLE  VII
   The recipient country shall take any measures required to prevent :
   ( 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 result­
          ing 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 : :
     ( i ) Not later than thirty days after the unloading of each cargo : ports
           and dates of arrival of the vessel 5 nature , quantity and quality of
           the products unloaded ! date on which unloading was completed ;
   ( ii ) Every three months until the quantities received 3,s aid have been fully
           used : quantities sold , how they have been sold, selling prices f normal
           selling costs on the recipient country 's market f
  (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 5
           ( b ) Progress achieved on the projector projects , with an indication
                 of the 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---                       ANNEX REFERRED TO IN ARTICLE III OP THE AGREEMENT
              ANNEXE REFERRED TO IN 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 when the goods are actually
removed from the ship 's hold at the port of unloading. The recipient country
shall bear all costs subsequent to delivery of the goods , including unloading
costs ( such as unstowing, hoisting and reception and any lighterage costs .
Any demurrage costs or dispatch money at the port of unloading shall be a
charge on or for the benefit of the recipient country . The rates and detailed
arrangements relating thereto laid down in the contract between the authorized
agent of the Community referred to in Article 5 and "the carrier must have been
agreed upon in advance by the authorized agent and the receiving agent of the
recipient country referred to in Article 5 *
                                   Article  2
The European Economic Community shall , as soon as possible after the goods
have been loaded , notify the irecipient country of the ship 's name , the date
of loading , the quantity and quality of the goods as recorded at time of
loading , and the port of unloading.
                                   Article  3
The European Economic Community shall inform the recipient country of the
vessel 's expected date of arrival at the port of unloading at least ten clear
days before that date .
The European Economic Community shall insert in the charter party a clause r
requiring the captain to inform the recipient country at least 72 hours in
advance of the vessel 's estimated date of arrival in port .
                                   Article  4
On delivery of the goods , a tolerance shall be allowed of 5 i° less than the
quantity to be supplied under Article 1 of the Agreement .
 ---pagebreak---                                Article   S
To implement the provisions of this annex , the European Economic Community
shall appoint an auhtorized agent , whose name and address shall be made known
to the recipient country in good time .
The recipient oucntry shall appoint a receiving agent in each port of unloading ,
whose name and address shall be made known to the European Economic Community
before the Agreement is implemented.