CELEX: 51973PC1773
Language: en
Date: 1973-10-22 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Ethiopian Empire for the supply of soft wheat as food aid

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1773
Vol. 1973/0306
 ---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)1773 final
                                                          Brussels , 22 October 1973
                             RECOMMERDATION . FOR A
                               COUNCIL DECISION
on "the conclusion of an agreement "between the     European Economic Community
   and the Ethiopian Empire for the supply of soft wheat as food aid
                ( submitted to the Council by the Commission)
COM(73 ) 1773 final
 ---pagebreak---  THE COUNCIL OP 5.1IE EOPOPLTJ COLHOTITIES ,
Having regard to tho Treaty establishing -the European Econcr/lic Community,
and in particular Articles 113 , 114 said 228 -thereof ;
Having regard to the Reconrr.endat i on iron the Commission ;
Whereas the European Economic Community has deposited a Declaration for
 provisional application of the 1971 Food Aid Convention ; whereas that
Convention has been applicable since 1 July 1971 ;
                                       «
Whereas the Ethiopian Rnpire                        , by its letter o± 10 September 1973 »
submitted a request for emergency food aid ;
Whereas in view of the cereal supply situation in the Ethiopian Empire
that country should be accorded , by way of gift ,                    5 000   metric tons
of soft wheat              under the Community Pood Aid Programme for 1972/73 ;
                                       Article 1
                                       ■ ■■> ■ – WlB |. ll»|lll
On behalf of the European Economic Community an Agreement , tne text uhoreof
is annexed hereto , nhe.ll be concluded between the European Economic Coirj.iunity
and tho Ethiopian Empire                                        for the supply of soft wheat
as food aid .
                                       Article 2
                                                                        %
Tho President of tho Council is hereby authorized to designate those who
are to sign the Agreement and to confer on them the requisite powers to bind
                                                                          r
the Community . '                                                          v•
Done at Brussels ,             19..'..                                     Por the Council
                                                                            The President
 ---pagebreak---                  • AGIOTENT
BETWEE1T THE EUROPE'UT EC0170LHC COLEIUiTITY
IdTD am ETHIOPIAN EMPIRE
COlTGETaJIITG THE SUPPLY AS FOOD AID OP
SOFT WHEAT
 ---pagebreak---  THE C0U17CIL OF TI13 EUROPEA!! COCTìaTITB ,
                                                        on the one liand ,
TUB IMPERIAL GOVERNMENT OF ETHIOPIA ,
                                                        on "tiie other hand ,
1IAV3 DECIDED to conclude this Agreement end to this end have designated
an their plenipotentiaries :
TUB COUNCIL OF THE J5DR0PEAIT COI-E-ICIiJITIES:
THE IMPERIAL GOVERNMENT OF ETHIOPIA :
MO HATE AGREED AS FOLLOV/S :
 ---pagebreak---                             Article  I
As a part of its Food Aid. Programme ( Cereals ) for 197 2/7 3 "the European
Economic Community shall supply 5 000 metric tons of soft wheat as a
gift to the Ethiopian Empire , hereinafter referred to as the "recipient
country ".
                            Article  II
Deliveries will "be made cif to ports of unloading in the recipient
country in jute bags of net weight of 50 kg each .
                            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 Annex which form an integral part of this
Agreement .
                            Article  IV
The recipient country undertakes to make all necessary arrangements
for the transport and insurance of the porduct from ports of unloading
to places of destination .
                            Article  V
The recipient country undertakes to use the products received as aid for
purposes of consumption and to distribute such products to people in
need free of charge .
 ---pagebreak---                                 - 3 -
                              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 indernational 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 such supplies .
                              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 any products or
        by-products resulting 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 informations :
  ( i ) Not more 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 ; dat on which unloading was completed ;
( ii ) Every three months until the quantities received as aid have been
        fully used : a situation report giving , in particular , the number
        and nature of the recipients , the quantities distributed , and the
        place and method of distribution .
 ---pagebreak---                            - 4 -
                        Article  IX
At the request of either of them , the Contracting Parties shall oonsult
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---  Delivery shall "bo completed and the risks shall pass from the Euro peril
 Economic Community to the recipient country as soon as the goods are actually
 taken in charge in the ship 's hold at the port of unloading .
 The recipient country sha.ll "bear    all costs subsequent to delivery of the
 goods , including the costs of unloading (breaking , "bulk , hoisting , talcing
 delivery , for example ) as well as any lighterage costs .
 Any demurrage costs or dispatch money at the port of unloading shall , as the
 case may be , "be "borne "by or paid to the recipient country . The rates and
 conditions of payment applying to any contract bet;:een the Comiaunity agent
referred to in Article 5 and the carrier must have "been previously agreed
"between that agent s;nd the recipient country 's agent referred to in Article 5
                                  Article 2
Tne European Economic Community shall forward to the recipient country ,
as soon as possible after the goods have "been shipped , a notice giving the
name of the ship , the date of loading , the quantity and quality of the goods
                                                                             i
on loading end the port of unloading .                                         ' •
                                  Article 3
The European Economic Community shall inform the recipient country of the
                                                           *
ship 's presumed date of arrival at the port of unloading at least ten clear
days "before that date .
                                                              '/           t
                 .»                         ••                 »
                 *                                             \
The European Economic Community "shall cause to "be inserted in tho charter-
party an undertaking "by the captain to give to the recipient country at
least 72 hours' notice of the probable date of the ship 's arrival in the port
 ---pagebreak--- On delivery of "the goods ,, a "tolerance: of 5 /' less than "the quc-Jitity to bo
supplied in accordance with /article 1 of the Agreement is permitted .
                                    Article 5 '
The European Economic Corrurrunity chall appoint vxx agent to implement the
provisions of this Annex , and shall in good time' forward the latter' s
name and address 'ID the recipient country .
The recipient country shall appoint an agent in each port of unloading ,
paid shall forward the latter' s name and address to the Europe oil Economic
Community prior to implementation of the Agreement .