CELEX: 21974A1002(03)
Language: en
Date: 1974-08-23 00:00:00
Title: Agreement between the European Economic Community and the Togolese Republic on the supply of common wheat as food aid

2 . 10.74                           Official Journal of the European Communities                        No L 266/25
                                                    AGREEMENT
             between the European Economic Community and the Togolese Republic on the supply
                                             of common wheat as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE GOVERNMENT OF THE TOGOLESE REPUBLIC,
              of the other part,
                                                                                                   y
              HAVE DECIDED to conclude this Agreement and to this end have designated as their
              Plenipotentiaries:
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE GOVERNMENT OF THE TOGOLESE REPUBLIC :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                             transport by sea shall not be prejudicial to the free
                                                               play of fair competition. Any problems arising in this
 As part of its food-aid programme (cereals) for               connection shall be the subject of consultations under
                                                               Article VIII.
 1973/74, the European Economic Community,
hereinafter referred to as the 'Community', shall
supply the Togolese Republic, hereinafter referred to
as the 'country of destination', by way of gift, with                                Article IV
3 500 metric tons of common wheat.
                                                               The country of destination undertakes to use the
                        Article II                             product received as aid for purposes of consumption
                                                               and to apply, for the sale of the product on its
Deliveries will be made in bulk fob in accordance
                                                               market, the prices normally charged on that market
with the detailed rules set out in the Annex which is
                                                               for products of comparable quality.
an integral part of this Agreement.
                                                               The proceeds from this sale shall be paid into a
                                                               special account at the central bank of that country
                        Article III                            and allocated to the financing of one or more
                                                               development schemes agreed between the recipient
The country of destination undertakes to make all              country and the Community.
necessary arrangements for the transport and
insurance of the delivered product from point of
delivery to places of destination.                                                    Article V
It undertakes to exercise the greatest possible care to        The Contracting Parties undertake to implement this
ensure that the tendering arrangements for the                 Agreement in such a way as to avoid any prejudice to
 ---pagebreak--- No L 266 26                          Official Journal of the European Communities                                  2. 10. 74
the normal structure of domestic production and                     and any observations as to the quality of the
international trade. To this end they shall take any               product discharged; date on which discharge was
measures required to ensure that aid supplies are in                completed; costs of sea transport and of insurance
addition to, and do not replace, commercial                         relating thereto;
transactions which might reasonably be expected in
the absence of such supplies. In particular, the                2. every three months until the quantities received as
country of destination undertakes to import                         aid have been fully used: quantities sold, how they
commercially from whatever source between 1 July                    have been sold, selling prices; normal selling costs
1974 and 30 June 1975 a minimum quantity of                         on the market of the country of destination;
12 000    metric   tons   of   common      wheat     or  its
                                                                    insurance costs and, where appropriate, transport
equivalent in flour of common wheat.                                costs from the port of discharge to the places of
                                                                   destination.
                        Article VI
                                                               3 . on 15 January every year until the special account
The country of destination shall take all appropriate               has been fully used:
measures to prevent :
                                                                    (a) state of this account (deposits and
— the re-export of the product received as aid and                       withdrawals) on 31 December of the
     of products and by-products resulting from such                     preceding year;
     supplies ;
                                                                    (b) progress achieved in the project or projects,
— the export, commercially or otherwise, within six                      with an indication of the total amount of
     months of the last delivery, either of local                        financing carried out at that stage.
     produce of the same nature as that received as aid
     or of any products and by-products resulting
     from it.                                                                          Article VIII
                        Article VII                             At the request of either of them, the Contracting
                                                                Parties shall consult each other on any questions
The country of destination undertakes to inform the             concerning the implementation of this Agreement.
Community of the mode of implementation of this
Agreement. To this end it shall provide the
Commission of the European Communities with the                                         Article IX
following information :
                                                                This Agreement shall be drawn up in duplicate in the
1 . immediately after the discharge of each cargo :             Danish, Dutch, English, French, German, and Italian
    port and date of arrival of vessel; nature, quantity        languages, each of these texts being authentic.
                                                           ANNEX
                     ARRANGEMENTS REFERRED TO IN ARTICLE II OF THE AGREEMENT
                       CHAPTER I                                at which the goods are put down at the point of
                                                                exportation named by the Commission of the European
                    General provisions                          Communities at the berth specified by the country of
                                                                destination or its agent referred to in Article 3 and under
                         Article 1                              the terms specified in this Annex. Without prejudice to
                                                                Articles 8 and 9 the Community shall bear all costs prior
Delivery shall be effected and all risk shall pass from the     to delivery and the country of destination those after
Community to the country of destination at the moment           delivery.
 ---pagebreak---   2 . 10. 74                          Official Journal of the European Communities                              No L 266/27
                          Article 2                                                       CHAPTER III
 On delivery of the goods, at tolerance of 5 % less than
 the quantity to be supplied in accordance with Article I of                Obligations of the country of destination
 the Agreement is permitted.
                                                                                             Article 7
                          Article 3
 For the purpose of implementing the provisions of this          After contacting the Community, the country of
 Annex the Community shall appoint — if necessary for             destination shall procure to transport all the quantities
 each consignment — an agent whose name and address it            provided for in Article I of the Agreement one or more
 shall make known to the country of destination                   vessels of dimensions corresponding to the normal
 immediately following his appointment. For each port of          capacity of the port of shipment; these vessels must be
 shipment the country of destination shall appoint an agent       ready for loading on a date falling within the period
 whose name and address it shall make known to the                referred to in Article 4 .
 Community with all dispatch and if possible before the
 appointment of the agent of the Community.
                                                                  The agent of the country of destination shall inform the
                                                                  Community of this date and of the date for
                          Article 4                               commencement of delivery as soon as he knows them, if
                                                                  possible 20 clear days in advance and in any case 10 clear
                                                                  days before the date for commencement of delivery.
 Before implementing the procedure for appointing the
 agent of the Community referred to in Article 3, the
 Commission of the European Communities and the                 He shall establish with the agent of the Community the
 country of destination shall establish by joint agreement        schedule according to which delivery shall take place.
 the period during which delivery must begin.
                                                                                             Article 8
                        CHAPTER II
                                                                 "Where the country of destination is unable to begin
              , Obligations of the Community                      loading on the date provided for in the first subparagraph
                                                                 of Article 7, the agent of the country of destination shall
                                                                  inform the agent of the Community without delay.
                          Article 5
                                                                In this event the agents of the Community and of the
Where the Community is not in a position to carry out             country of destination may agree on a new date for the
delivery on the date, and, if applicable, according to the       commencement of delivery and, if applicable, a new
schedule laid down in Article 7, all costs arising for the       schedule. The costs arising from the delay in loading shall
country of destination — for example, demurrage, void           in all cases except force majeure be borne by the country
freight and dead freight — shall be borne by the                 of destination.
Community.
                                                                Should the new date provided for in the second
The charges and the arrangements relating to demurrage           subparagraph be more than 30 clear days after the date
laid down in the contract concluded between the country         for loading provided for in the first subparagraph of
of destination and the carrier must have previously been        Article 7, the Community may dispose of the goods
agreed by the country of destination and the agent of the       without prejudice to its commitment under Article I of
Community.                                                      this Agreement.
The other costs referred to in the first subparagraph shall
be refunded by the Community only if they have been
                                                                                             Article 9
paid by the country of destination with the approval of
the Community.
                                                                Where the quantity made available for loading on a vessel
                          Article 6                             cannot be loaded on board in its entirety, the country of
                                                                destination shall inform the Community as soon as
                                                                possible, and no later than 15 clear days after loading has
Where it is impossible for the Community to supply all or       been completed, whether it intends to accept or to
part of the goods on the date and within the time limits        renounce the balance.
provided for in Article 7, the agents of the Community
and of the country of destination may, without prejudice
to Article 5, agree on a new date and a new time limit for      In the former case the second and third subparagraphs of
the delivery of all the goods or of the undelivered part        Article 8 shall apply to the balance, if delivery has not yet
thereof.                                                        taken place.
 ---pagebreak--- No L 266/ 28                         Official Journal of the European Communities                                  2. 10. 74
In the latter case the Community may consider that it has                                Article 10
discharged its commitment to the country of destination
under Article I of this Agreement and shall bear the costs      Upon delivery of the goods, the country of destination
resulting from renunciation.                                    shall hand over to. the agent of the Community a
                                                                certificate of acceptance stating the port of shipment, date
In any event, after an interval of 15 clear days and in the     of acceptance and the nature and quantity of the goods
absence of any notice on the part of the country of             accepted, together with any comments on the quality of
destination, renunciation shall be deemed to have taken         the goods. It shall send a copy of the certificate to the
place.                                                          Commission of the European Communities.
               Information on the signing of the Agreement between the European Economic Com­
                              munity and the Togolese Republic on the supply of food aid
               The Agreement between the European Economic Community and the Togolese Republic
               on the supply of cereals as food aid, which the Council decided to conclude on
               23 August 1974, was signed in Brussels on 16 September 1974, on behalf of the Council
               of the European Communities by:
               Mr Etienne Burin des Roziers, Ambassador Extraordinary and Plenipotentiary,
               Chairman of the Permanent Representatives Committee, and
               Mr Hans-Broder Krohn, Director-General for Development and Cooperation of the
               Commission of the European Communities,
               and on behalf of Togo by:
               Mr Victor Emmanuel Dagadou, Ambassador and Representative of the Togolese
               Government to the European Economic Community.
                                                                                      /