CELEX: 51974PC0561
Language: en
Date: 1974-04-26 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Republic of Tunisia for the supply of soft wheat as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 561
Vol. 1974/0095
 ---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(74 ) 561 final
                                                    Brussels , 26 April 1974
                               RECOMMENDATION
                                  FOR A
                         "   COUNCIL decision
           on the conclusion of an agreement between the European
          Economic Community and the Republic of Tunisia for the
                      supply of soft wheat as food aid
                                              ■
                                          .                         *
                       \                    _                     .
                 ( submitted to the Council "by the Commission)
COM(74 ) 561 final
 ---pagebreak---   THE C0UM3IL OP THE EUROPEAN COMMUNITIES ,
             ,                                              I
  Having regard, to the Treaty establishing tho European Economio Community ,
- and in particular Articles 113 » H4 and 228 thereof j
                             ' • * '
  Having regard, to the Reoommendation from - the Commission ;
                            C?
 Whereas the European Economic Community has deposited a Declaration for
  provisional application of the 1971 Pood Aid Convention ; whereas that
                         «                                i
  Convention has "been applicable since 1 July 1971 I
  Whereas the Republic of Tunisia , . by its letter o,f 10.11.1972 , has requested
  food aid ;
  Whereas in view of the cereal supply situation in the Republic of Tunisia
 that country    should be accorded , by way of gift ,        10,000   metric tons
 of soft wheat under the Community Food Aid Programme for 1972/73 ?                . .
 DECIDES :
                                       Article 1
 On behalf of the European Economic Community an Agreement , the text whereof
 is annexed hereto , shall be concluded between the European Economic Community
 and the Republic of Tunisia for the supply of soft wheat as food aid .
                                                        %
                                       Article 2
 The President of the Council io hereby authorized to designate those who
 are to sign tho Agreement and to confer on them the requisite powers to bind
 tho Community#
                                                                κ
 Done at Brussels .                      19 **«*«               Por the Council
                                                                  The President
 ---pagebreak---                 AGREEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
AND THE REPUBLIC OF TUNISIA      '
ON THE SUPPLY OF FOOD AH) IN THE FORM OF
SOFT WHEAT .
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES .
                                                    on the one hand ,
THE GOVERNMENT 0? THE REPUBLIC OP TUNISIA
                                                    on the other hand ,
HAVE DECIDED to conclude this Agreement and to this end have designated
as their plenipotentiaries :
THE COUNCIL OP THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OP THE REPUBLIC OP TUNISIA :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                   ARTICLE I
 As a part of its Pood Aid Programme (Cereals ) for 1972/ 73 » ^10 European
 Economic Community shall supply, by -way of gift , the Republic of Tunisia ,
  hereinafter referred to as the "recipient country ", with 10 000 metrio tons
  of soft wheat .
                                  ARTICLE II
 Deliveries will be made in bulk , fob to Coircnunity ports .
                                  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 forms an integral part of this Agreement .
                                  ARTICLE 17
 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 umtertakes 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 shall
"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 cf 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 the
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 country
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 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 . In particular ,
the recipient country undertakes to import commercially from whatever source
                                        «
between 1 July 1973 and 30 June 1974 & minimum quantity of 85 000        metric tons
 of soft wheat or its equivalent in flour of soft wheat .
                                    ARTICLE VII
The recipient country shall take any measures required to prevents
 (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 how
this Agreement is being implemented . To this end it shall provide the Commission
of the European Communities with the following information :
 ---pagebreak---  (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 as aid have "been
        fully used : quantities sold , how they have "been sold , selling prices }
        normal selling costs on the recipient country 's market }
(iii )  On 15 January every year until the speoial account has "been fully
        used :
        (a ) State of this account ( incomings and outgoings ) on 31 December
               of the preceding ," year }
        (b ) Progress achieved in the project or projects , with an indication
               of the total 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 , Biglish , French ,
German and Italian languages , eaoh of these texts being equally authentic .
 ---pagebreak---                         AMEX TO ARTICLE III OP THE AGREEMENT
                                      Article 1
Delivery shall "be effected and risks s"hall pass from the European Economic
 Community to the recipient country at the moment at which the goods have
"been placed in the ship 's hold at the port of shipment .
                                         c
The recipient country shall "bear all costs subsequent to delivery of the goods ,
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 and the carrier must
have been agreed upon in advance by the recipient country and the authorized
agent of the European Economic Community referred to in Article 9 *
                                      Article 2
The European Economic Community shall notify 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 dace
resulting from the instructions in Article 8 , whereon the vessel should be
ready for loading .
                                      Article 4
On delivery of the goods , a tolerance of 5     less than the quantity to be
supplied in accordance with Article 1 of the Agreement is permitted .
 ---pagebreak---                     '           Article "j
              •                                          •
 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 6
 The 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 within '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 8
                                        »
 the goods shall be at the disposal of the European Economic Community .
 Whatever the circumstance^ 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 .
   .                                  r '
                             Article 8
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 , vrhere 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 , whoso 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
ment , whose name and address shall "be made known to the European Economic
Community before the Agreement is implemented ^