CELEX: 51973PC0269
Language: en
Date: 1973-02-16 00:00:00
Title: RECOMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Democratic Republic of the Sudan for the supply of common wheat as foci aid (submitted to the Conseil by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 269
Vol. 1973/0041
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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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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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                                   RECOMENDATION FOR A COUNCIL DECISION
                  on "trie conclusion. of an. agreement between tie European
                       "the Sudan for the supply of earner* wheat as
                                                 foci aid
                         ( submitted "to the Conseil "by the Commission)
     COM(73)269 final
 ---pagebreak--- THE CCXTSCIL CP THE EOROFEAN CCKEUNTTIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Articles 113 » 114 and 228 thereof j
Having regard to the Eeconmandation from the Commission j
Whereas the European Economic Community has concluded the Pood Aid Convention(l )
Whereas the Democratic Republic of Sudan , by its letter of 4 June 1970, has
requested food aid}
Whereas in view of the cereal supply situation in the Republic of the Sudan
that country should be accorded, by way of gift , 9»000 metric tons of common
wheat under the Community Food Aid Programme for 1970/71 5
                                  Article   1
On behalf of the European Economic Community an agreement , the text whereof
is annexed heretorn shall be concluded between the European Economic Community
and the Republic of the 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
(1) O.J. L 66 from 23.3.1970, p. 1
 ---pagebreak---                AGKEEMENT
BETWEEN TEE EUROPEAN ECONOMIC CC&MUNITY
AI® THE DEMOCRAT IC REPUBLIC OP THE SUDAN
ON THE SUPPLY OF CGMMON WHEAT AS FOOD AID .
 ---pagebreak---                                         2 -
TEE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                   on the one hand , and
TEE GOTERlfflsENT OP THE DEMOCRATIC REPUBLIC OP THE SUDAN ,
                                   on the other hand ,
HAVE DECIDED to conclude the present Agreement and have , for this purpose ,
appointed as their plenipotentiaries i
TEE COUNCIL OP THE EUROPEAN COMMUNITIES :
THE GOVEROIEKT OP THE DEMOCRATIC REPUBLIC OP THE SUDAN :
WHO HAVE AGREED as follows r
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                                                                                                            TÎ "               •
 ---pagebreak---                                       ARTICO III
The Democratic Republic of the Sudan undertakes to use for consumption
purposes the wheat that is supplied as aid and to apply to sales of this
wheat on its market the prices normally ruling on this market for products
of comparable quality.                                                         .
The proceeds of these sales , less sea freight charges and normal marketing
 costs on the Sudan market , shall be paid into, a special account intended
to cover expenditure incurred by the Democratic Republic of the Sudan in
 connection with the financing of development projects .               *
                                      ARTICLE IV                                    '   !
The Contracting Parties undertake to implement the present Agreement in suoh            ;
a way as to avoid prejudicing the normal structure of national production and            I
international trade .       To this end , they shall take the necessary steps to ensure
                                                                                         i
that ^ supplies made available as aid shall be additional to , and not in lieu of th
ccoaerci'al operation which cculd reasonably have; beon expected in the . absence of i
aipjiies. Hn particular t'he Democratic Republic of Sudan undertakes to import commer­
 cially from all origins during the period between the 1st of July 1972 and the j
30th of June 1973 a minimum quantity of • 140. OOOtons of wheat or its equivalent j
in wheat flour .                                                            .    .    .   !
                                      ARTICLE V                   :       "' ;
The Democratic Republic of the Sudan shall take all necessary steps to prey^t
the re-exportation both of the wheat received as aid , and of products of the
first processing stage and by-products obtained from wheat , as well as the •
exportation , cotaaercial or otherwise , within a period of six Eonths fron the
date of the last delivery , of locally grewn wheat of the se^e type as that
received as aid , of products of the first processing stage and of by-products
obtained from this wheat .
 ---pagebreak---                                    ARTICL2 VI
The Democratic Republic of the Sudan undertakes to keep the European Economic
Community informed on the conditions of implementation of the present
Agreement . To this end , it shall communicate the following information to
the Commission of the European Communities :
1 . Transport : ports and dates of arrival of vessels ; nature quantity and
    quality of the product unleased , the date on which unleading is completed;
2 . Marketing : quantities sold; method of marketing ; selling prices ;
3 . Commercial imports : quantities of wheat other than durum and of wheat
    flour commercially imported froriTalT origins between 31 July 1972 and
     30 June 1973 ;
4. Situation with regard to the special account set up with the proceeds
    of the sale , in local currency of the wheat supplied as aid;
5 - Projects financed from the special account ; relative importance of these
    funds in the overall financing of projects .
                                   ARTICLE VII
The information referred totxn article VI shall be communicated within the
following time-limits i
- With regard to itoia 1      • not more than 30 days after the unleading of
   each cargo ;
- With regard to iten 3     :            before 31 July 1973 ?
- With regard to itens 2 , 4 and- 5 • a report on the situation at 31 December
   each year shall be communicated before 15 January of the following year ,
   until such time as the special account has been completely liquidated.
 ---pagebreak---                                  - 6 -
                                ARTICLE VIII
At the request of any one amongst them , the Contracting Parties shall
consult on all matters concerning the application of the present Agreement .
                              - ARTICL3  IX
The present Agreement is drawn up in duplicate m the German , French , Italian ,
Dutch and English languages , each of these texts being equally authentic .
 ---pagebreak---                                                                       AïmEXE
                     .. COND ITI0K3 APPLICABLE TO THE HANDING? OVER
                   ,, ,   OF . TIE WHEAT AT THE PORTS OP SHIPMENT . ,
To ensure the smooth operation of the Agreement and in particular of
Article I thereof , the Contracting Parties have agreed as follows :
                                     , article   1
Except as otherwise provided in Article 3 , sixth paragraph , delivery will
be deemed to be effected at the momont at which the goods have effectively-
passed the ship 's rail at the port of shipinentj all costs of stowage and
securing shall be borne by the Democratic Republic of the Sudan .
                                      - ARTICIE  2    v-   ....
Except as otherwise provided in Article 3 , sixth paragraph , risks shall
pass from the European Economic Community to the Democratic Republic of
the Sudan at the moment at which the goods have effectively passed the
shipis rail at the port of shipment .
      i ..      •                   . . ARTICLE, 3 ;           - -
The Democratic Republic of the Sudan shall procure and notify to the
European Economic "Community, in good time , the vessels which are to ship
the goods , so that the loading dates indicated in accordance with Article I
of the Agreement may be respected.
 ---pagebreak---                                      - 2 -
The vessel is to be named by the Democratic Republic of Sudan at least
7 clear days prior to the estimated date of. arrival in port . The Democra­
tic Republic of the Sudan shall be responsible for any consequences arising
either from failure to name the vessel or from delay in doing so .
The Democratic Republic of the Sudan shall insert in the charter–party a
clause requiring the captain to inform the Europeari Economic Community at
least 72 hours in advance of the vessel 's estimated date of arrival in port .
The goods shall be held at the disposal of the Democratic Republic of the
Sudan in ±he port indicated from the date on which the ship is declared
ready for loading. In the event of the European Economic Community not
placing the goods at the disposal of the vessel in good time , any conse­
quences resulting from this , in- particular demurrage and/or 1 dead freight ,
shall be a charge on the European Economic Community .             . ;
Should there be a delay in the arrival of the vessel named by the Democratic
Republic of the Sudan at the port of shipment , or should it prove impossible
for it to load , and should this delay prevent loading within the time-limits
indicated in accordance with Article I of the Agreement , the goods shall be
held at the expense , risk and peril of the Democratic Republic of the Sudan .
Should the Democratic Republic of the Sudan fail to provide a vessel of
suitable tonnage within the time-limit indicated in accordance with Article I
of the Agreement , it shall be regarded as being in default unless it notifies
the European Economic Community by telegram , not later than the last day . of
the period fixed for delivery , ' that it is seeking an extension of this period .
Where such an extension is sought , the European Economic Community shall hold
the goods on behalf of the Democratic Republic of the Sudan, expenses resultr
ing from this being borne by the latter .
The Democratic Republic of the Sudan shall be responsible for any consequent
ces resulting from the fact that the dimensions of a vessel supplied by it
do not correspond to the loading possibilities of the port of shipment .
 ---pagebreak---                                    - 3 -
                                  ARTICLE  4
The tolerance on shipment of the quantities notified in accordance with
Article X of the Agreement shall he 5 % although the total quantity of
9,000 tons shall in no case be exceeded .
If , however , the quantity made available for loading on a given vessel can­
not be put on board in its entirety because of circumstances beyond the
control of the European Economic Community , the balance which could not be
put on board within the specified time-limits shall be stored at the expense
of the Democratic Republic of the Sudan and shipped on the next vessel .
If the Democratic Republic of the Sudan informs the European Economic
Community within a period of 15 clear days that it will not take delivery
of this balance , the handling and storing expenses incurred shall be borne
by the Democratic Republic of the Sudan until such time as it gives notice
that it gives up this balance .
In this event , the European Economic Community may consider that it has
discharged its commitments to the Democratic Republic of the Sudan .
                                  ARTICLE  5
Once the goods are on board the vessel , the European Economic Community •
shall notify the Democratic Republic of the Sudan without delay of the date
of loading, the quantity and quality loaded, noted on loading and mentioned'
in the vessel 's bill of lading.
                                  ARTICLE  7
The Contracting Parties reserve the right to nominate one or more agents
to execute the Agreement .
To deal with any eventualities , the Democratic Republic of the Sudan shall
nominate a representative in each port of shipment .