CELEX: 51973PC1498
Language: en
Date: 1973-09-07 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Republic of the Philippines for the supply of common wheat and flour of common wheat as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1498
Vol. 1973/0261
 ---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(73 ) 1498 final
                                                        Brussels , 7 September 1973
                               RECOMMENDATION FOR A
                                 COUNCIL DECISION
             on the conclusion of an agreement between the   European
                    Economic Community and the Republic of the
Philippines for the supply of common wheat' and flour of common wheat as food aid
                  ( submitted to the Council by the Commission)
  COM(73 ) 1498 final
 ---pagebreak---  THE COUr.OlL OP Tai^ EUROPEAN COI IT.7J2IITIE3 ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Articles 113 , 114 and 22o thereof ;
Having regard to the Recommendation from the Commission ;
Whereas the European Economic Corjnunity has deposited a. Declaration for
provisional application of the 1971 Food Aid Convention ; whereas that
Convention has "been applicable since 1 July 1971 ;
V.Tieress the Republic of the Philippines , by its letter of 24 October 1972 ,          ,
has requested food aid ;
Whereas in view of the cereal supply situation in the Republic of the Philippines
that country     should be accorded , by way of gift ,       10 000     metric tons
of common wheat the half of which shall be delivered in form of 3 311 metric toes
of flour of common wheat under the Community Food Aid Programme for 1972/73 }
DIvG'T T)"-. : •
                                        Article 1
On behalf of the European Economic Comunity ail Agreement , the text whereof
is annexed hereto , shall be concluded between the European Economic Community
and the Republic of the Philippines               for the supply of common wheat and flour
                                                                              V
 or 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
 ---pagebreak---                AGREEM3NT
BSTVEEW THE EUROPEAN ECONOMIC COMMUNITY
AKD THE REPUBLIC OF THE PHILIPPINES
ON THE SUPPLY OP FOOD AID III THE FORII OF
COMMON WHEAT AND FLOUR OF COMMON WHEAT
 ---pagebreak--- THE COUNCIL 0? THE EUROPEAN COI®U1JTTISS ,
                          .. ,                         "on the one hand ,
THE GOVEKlIj.ii'I.r OP THE REPUBLIF OF THE PHILIPPINES
                                                        on 'the other hand ,
HAVE DECIDED to conclude this Agreement and to this end have designated
as their plenipotentiaries :
THE COUNCIL OP THE EUROPEAN COtSIUKITIES :
THE GOVERM--2E5T OP THE REPUBLIC OP THE PHILIPPINES :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                    ARTICLE I
  As a inrt of its Pood Aid Prograirmie (Cereals ) for 1972/73 , the European
  Economic Community shall supply the Republic of the Philippines , hereinafter
  referred to as the "recipient country 11 , with      10 000    metric tons of
  common wheat , the half of which shall be delivered in the form of 3 311 metric
  tons of flour of common wheat .
                                  ARTICLE II
  Deliveries will bo made in bulk , fob to Community ports in the case of the commo:
  wheat and in jute sacks with a net weight of 50 kg each in the case of the flour.
                                   ARTICLE III
  The obligations and responsibilities of the E:2ropean Economic Community and
  of the recipient country relating to delivery and the taking of delivery
  are defined in the Annex , which forms an integral part of this Agreement .
                                  ARTICLE TV
  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 snail
  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 tne
normal cost of selling the product on the recipient country 's market , will
be paid into a special account and allocated to the financing of one or more
development schemes which have already "been proposed by the recipient co\mtry
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 reqxiired to ensure that
aid supplies are in addition to , and do not replace , business transactions which,
might reasonably be expected in the absence of such supplies . In particular ,
the recipient country undertakes to import commercially from whatever source
between 1 July 1973        and  30 June 1974         a minimum quantity of
 metric tons of common wheat or its equivalent in flour of common wheat .
                                    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 :
                                                                         »•
                                                                            % •
( 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 hov:
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 ;
( ii )  Every three months until the quantities received as aid have "been
        fully used : quantities sold , how they have been sold , selling prices ;
        normal selling ccsts on the recipient country 's market ;
( iii ) On 15 January every year until the special account has "been fully
        used :
        ( a ) Sta.te of this account ( incomings and - outgoings ) on 31 December
               of the preceding , year ;
        (b ) Process achieved in the project or projects , with an indication
               of the total amount of financing undertaken at that stage .
                                  AÎÎTICL3 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 , Ehglish , French ,
German and Italian languages , each of these texts being equally authentic .
 ---pagebreak---                         AKMi'iX TO AHTICL3 III OP TIl-D AGRES-EET
                                       Article 1
Delivery shall be effected and risks shall pass from the European Economic
Community to tho recipient country at the moment at which the goods have
been placed in the ship 's hold at tho port of shipment .
The recipient country shall bear all costs subsequent to delivery of the good
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 sjid the carrier must
have been agreed upon in advance by tho recipient country and the authorised
agent of the European Economic Community referred to in Article 9 «
                                      Article 2
The European Economic Community shall notiiy 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 da.*c
resulting from the instructions in Article 8 , whereon the vessel should be
ready for loading .                                       ->
                                       Article A
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 goods 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 o
Tne 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 v/ithin 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
Should 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 conditions 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 Community may
consider that it has discharged its commitment to the recipient country under
Article 1 of the Agreement .
                             Article 3
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 ship-
                                                                     V
ment , whose name and address shall he made known to the European Economic
Community before the Agreement is implemented .