CELEX: 
Language: en
Date: 1975-06-17 00:00:00
Title: Council Decision of 3 October 1974 on the conclusion of the Agreement between the European Economic Community and the Democratic Republic of Somalia on the supply of flour of common wheat and husked rice as food aid #Agreement between the European Economic Community and the Democratic Republic of Somalia on the supply of flour of common wheat and husked rice as food aid

17 . 6 . 75                      Official Journal of the European Communities                      No L 155/ 21
                                             COUNCIL DECISION
                                               of 3 October 1974
            on the conclusion of the Agreement between the European Economic Commu­
            nity and the Democratic Republic of Somalia on the supply of flour of common
                                      wheat and husked rice as food aid
                                                   (75/347/EEC)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            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 concluded the 1971 Food Aid Conven­
            tion ;
            Whereas the Democratic Republic of Somalia, by letter of 3 December 1973, has
            requested food aid ;
            Whereas in view of the cereal situation in the Democratic Republic of Somalia that
            country should be accorded, by way of gift, 2 500 metric tons of common wheat in the
            form of 1 655 metric tons of flour of common wheat and 2 500 metric tons of husked
            rice, under the Community food-aid programme for 1973/74,
            HAS DECIDED AS FOLLOWS :
                                                     Article 1
            The Agreement between the European Economic Community and the Democratic Repu­
            blic of Somalia on the supply of flour of common wheat and husked rice as food aid, the
            text whereof is annexed hereto, is hereby concluded on behalf of the European Economic
            Community.
                                                     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 bind the Community.
            Done at Luxembourg, 3 October 1974.
                                                                       For the Council
                                                                        The President
                                                                          P. ABELIN
 ---documentbreak--- No L 155/22                         Official Journal of the European Communities                              17 . 6 . 75
                                                    AGREEMENT
              between the European Economic Community and the Democratic Republic of
                 Somalia on the supply of flour of common wheat and husked rice as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF SOMALIA,
              of the other part,
              HAVE DECIDED to conclude this Agreement, and to this end have designated as their Plenipotenti­
              aries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF SOMALIA :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                             tion shall be the subject of consultations under Article
                                                              VIII .
As a part of its food-aid programme (cereals) for
1973/74, the European Economic Community (herein­
after referred to as the 'Community') shall supply, by                                Article IV
way of gift, the Democratic Republic of Somalia
(hereinafter referred to as the 'country of destination')     The country of destination undertakes to use the
with 2 500 metric tons of common wheat in the form             products received as aid for purposes of consumption
of 1 655 metric tons of flour of common wheat and              and to apply, for the sale of the products on its
2 500 metric tons of husked rice .                             market, the prices normally charged on that market
                                                               for products of comparable quality.
                        Article II
                                                              The proceeds from this sale will be paid into a special
                                                               account in the central bank and allocated to the
Deliveries will be made fob in new cotton bags
                                                               financing of one or more development projects in
containing a net weight of 50 kg each for the wheat            accordance with the procedure to be agreed between
and in new jute bags of a net weight of 50 kg each for         the country of destination and the Community.
the rice in accordance with the detailed rules set out
in the Annex which is an integral part of this Agree­
ment .
                                                                                      Article V
                        Article III                           The Contracting Parties undertake to implement this
                                                              Agreement in such a way as to avoid any prejudice to
The country of destination undertakes to make all              the normal structure of domestic production and inter­
necessary arrangements for the transport and insur­            national trade . To this end they shall take any
ance of the products from point of delivery to places          measures required to ensure that aid supplies are in
of destination .                                               addition to, and do not replace business transactions
                                                              which might reasonably be expected in the absence of
It undertakes to exercise the greatest possible care to        such supplies. In particular, the country of destination
ensure that the tendering arrangements for the trans­          undertakes to import commercially from whatever
port by sea shall not be prejudicial to the free play of       source between 1 July 1974 and 30 June 1975 a
fair competition . Any problems arising in this connec­        minimum quantity of 27 900 metric tons of cereals.
 ---pagebreak--- 17 . 6 . 75                             Official Journal of the European Communities                             No L 155/23
                           Article VI                                  completed ; costs of sea transport and of insurance
                                                                       relating thereto ;
The country of destination shall take any measures
required to prevent :
                                                                   2. every three months until the quantities received as
                                                                       aid have been fully used : quantities sold, how they
— the re-export of the products received as aid and                    they have been sold, selling prices ; normal selling
      any products or by-products derived therefrom ;                  costs on the market of the country of destination ;
— the export, commercially or otherwise, within six                    insurance costs and, where appropriate, transport
      months of the last delivery :                                    costs from the port of discharge to the places of
      — of locally produced common wheat of the                        destination ;
          same kind as that used to produce the flour              3 . on 15 January every year until the special account
          received as aid or of processed products                     has been fully used :
          derived from such wheat,                                     (a) state of this account (deposits and withdrawals)
      — of locally produced rice of the same kind as                      . on 31 December of the preceding year ;
          that received as aid or of any products or                   (b) progress achieved in the project or projects,
          by-products derived therefrom .                                   with   an indication    of the total amount of
                                                                            financing carried out at that stage.
                           Article VII
                                                                                           Article VIII
The country of destination undertakes to inform the
Community of the implementation of this Agree­                     At the request of either of them, the Contracting
ment. To this end it shall provide the Commission of               Parties shall consult each other on any questions
the European Communities with the following infor­                 concerning the implementation of this Agreement.
mation :
                                                                                             Article IX
 1 . immediately after the discharge of each cargo : port
     and date of arrival of vessel ; nature , quantity and         This Agreement is drawn up in duplicate in the
     and any observations as to the quality of the                 Danish , Dutch, English, French, German and Italian
     product discharged ; date on which discharge was              languages, each of these texts being authentic.
                                                     DELIVERY PROCEDURES
                           CHAPTER I                                                          Article 3
                                                                    For the purpose of implementing the provisions of this
                       General provisions                          Annex the Community shall appoint — if necessary for each
                                                                   consignment — an agent whose name and address it shall
                             Article 1
                                                                    make known to the country of destination immediately
                                                                    following his appointment. For each port of shipment the
                                                                    country of destination shall appoint an agent whose name
  Delivery shall be effected and all risk shall pass from the       and address it shall make known to the Community with all
 Community to the country of destination at the moment at
                                                                    dispatch and if possible before the appointment of the agent
 which the goods are put down at the point of exportation           of the Community.
  named by the Commission of the European Communities at
 the berth specified by the country of destination or its agent
  referred to in Article 3 and under the terms specified in this
 Annex. Without prejudice to Articles 8 and 9 the Commu­
  nity shall bear all costs prior to delivery and the country of
                                                                                              Article 4
 destination those after delivery.
                             Article 2                              Before implementing the procedure for appointing the agent
                                                                    of the Community referred to in Article 3 , the Commission
  On delivery of the goods, a tolerance of 5 % less than the        of the European Communities and the country of destination
  quantity to be supplied in accordance with Article I of the       shall establish by joint agreement the period during which
 Agreement is permitted .                                           delivery must begin .
 ---pagebreak---  No L 155/24                           Official Journal of the European Communities                                   17. 6 . 75
                         CHAPTER II                                                          Article 8
              Obligations of the Community                       Where the country of destination is unable to begin loading
                                                                 on the date provided for in the first paragraph of Article 7,
                                                                 the agent of the country of destination shall inform the agent
                           Article 5                             of the Community without delay.
Where the Community is not in a position to carry out             In this event the agents of the Community and of the
delivery on the date, and, if applicable, according to the sche­ country of destination may agree on a new date for the
dule laid down in Article 7, all costs arising for the country   commencement of delivery and, if applicable, a new sche­
of destination — for example, demurrage, void freight and        dule. The costs arising from the delay in loading shall in all
dead freight — shall be borne by the Cmmunity.                   cases except force majeure be borne by the country of desti­
                                                                 nation .
The charges and the arrangements relating to demurrage laid
down in the contract conluded between the country of desti­
nation and the carrier must have previously been agreed by       Should the new date provided for in the second paragraph be
the country of destination and the agent of the Community.       more than 30 clear days after the date for loading provided
                                                                  for in the first paragraph of Article 7, the Community may
The other costs referred to in the first paragraph shall be      dispose of the goods without prejudice to its commitment
refunded by the Community only if they have been paid by         under Article I of this Agreement.
the country of destination with the approval of the Commu­
nity.
                                                                                             Article 9
                           Article 6
                                                                 Where the quantity made available for loading on a vessel
Where it is impossible for the Community to supply all or        cannot be loaded on board in its entirety, the country of
part of the goods on the date and within the time limits         destination shall inform the Community as soon as possible,
provided for in Article 7, the agents of the Community and        and no later than 15 clear days after loading has been
of the country of destination may, without prejudice to          completed, whether it intends to accept or to renounce the
Article 5, agree on a new date and a new time limit for the      balance .
delivery of all the goods or of the undelivered part thereof.
                                                                  In the former case the second and third paragraphs of Article
                                                                  8 shall apply to the balance, if delivery has not yet taken
                        CHAPTER III                               place .
                                                                  In the latter case the Community may consider that it has
        Obligations of the country of destination                 discharged its commitment to the country of destination
                                                                  under Article I of this Agreement and shall bear the costs
                                                                  resulting from renunciation .
                            Article 7
After contacting the Community, the country of destination        In any event, after an interval of 15 clear days and in the
shall procure, to transport all the quantities provided for in    absence of any notice on the part of the country of destina­
Article I of the Agreement, one or more vessels of dimen­         tion, renunciation shall be deemed to have taken place.
sions 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.                                         Article 10
The agent of the country of destination shall inform the
Community of this date and of the date for commencement           Upon delivery of the goods, the country of destination shall
of delivery as soon as he knows them , if possible 20 clear       hand over to the authorized agent of the Community a certifi­
days in advance and in any case 10 clear days before the date     cate of acceptance which shall set out the port of shipment,
for commencement of delivery.                                     date of acceptance and the nature and quantity of the goods
                                                                  accepted, together with any comments on the quality of the
He shall establish with the agent of the Community the sche­     goods . A copy of the certificate shall be sent to the Commis­
dule according to which delivery shall take place.                sion of the European Communities .
 ---documentbreak--- NA ---documentbreak--- 17. 6 . 75                    Official Journal of the European Communities                      No L 155/ 25
           Information on the signing of the Agreement between the European Economic
            Community and the Democratic Republic of Somalia on the supply of food aid
           The Agreement between the European Economic Community and Somalia on the supply
           of flour of common wheat and husked rice as food aid, which the Council decided to
           conclude on 3 October 1974, was signed in Brussels on 7 October 1974, on behalf of the
           Council of the European Communities by :
           Mr Étienne Burin des Roziers, Ambassador Extraordinary and Plenipotentiary, Chairman
           of the Permanent Representatives Committee, and
           Mr Hans-Broder Krohn, Director-General for Development and Cooperation at the
           Commission of the European Communities,
           and on behalf of the Government of the Democratic Republic of Somalia by :
           Mr Mohamed Omar Giama, Ambassador, Representative of the Government of Somalia to
           the European Economic Community.