CELEX: 21973A1112(02)
Language: en
Date: 1973-10-15 00:00:00
Title: Agreement between the European Economic Community and the Hashemite Kingdom of Jordan on the supply of flour of common wheat as food aid

28 . 1 . 74                          Official Journal of the European Communities                          No L 23 /33
                                                       AGREEMENT
              between the European Economic Community and the Hashemite Kingdom of Jordan
                                    on the supply of flour of common wheat as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE GOVERNMENT OF THE HASHEMITE KINGDOM OF JORDAN,
              of the other part,
              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 HASHEMITE KINGDOM OF JORDAN :
              WHO HAVE DECIDED AS FOLLOWS :
                         Article I                                of the product from ports of shipment to places of
                                                                  destination .
 As part of its Food Aid Programme ( Cereals ) for
1971 /72, the European Economic Community,
hereinafter referred to as the 'Community', shall
                                                                  It undertakes to exercise the greatest possible care
supply the Hashemite Kingdom of Jordan , here­
                                                                  to ensure that the tendering arrangements for the
inafter referred to as the 'recipient country', with              transport by sea are not prejudicial to the free play
5 000 metric tons of common wheat in the form of                  of fair competition . Any problems arising in this
3 311 metric tons of flour of common wheat .
                                                                 connection shall be the subject of consultations
                                                                 under Article IX .
                        Article II
Deliveries will be made^ fob to Community ports in                                        Article V
new cotton bags containing 50 kilogrammes net
weight.                                                          The recipient country undertakes to use the product
                                                                 received as aid for purposes of consumption and to
                        Article III                              distribute it free of charge to refugees.
The obligations and responsibilities of the Commu­
nity and of the recipient country relating in parti­
                                                                                         Article VI
cular to delivery and the taking of delivery are
defined in the Annex, which forms an integral part
of this Agreement.                                               The Contracting Parties undertake to implement
                                                                 this Agreement in such a way as to avoid any preju­
                        Article IV                               dice to the normal structure of domestic production
                                                                 and international trade. To this end they shall take
The recipient country undertakes to make all neces­              any measures required to ensure that aid supplies
sary arrangements for the transport and insurance                are in addition to, and do not replace, commercial
 ---pagebreak---   No L 23 /34                            Official Journal of the European Communities                                28 . 1 . 74
 transactions which might reasonably be expected in                  — not later than 30 days after the unloading of
 the absence of such supplies.                                           each cargo : port and date of arrival of the
                                                                         vessel ; nature, quantity and quality of the
                          Article VII                                    products unloaded ; date on which unloading
                                                                         was completed ;
 The recipient country shall take all appropriate
                                                                    — every three months until the quantities received
 measures to prevent :
                                                                         as aid have been fully used ; quantities distri­
 — the re-export of the product received as aid and                      buted, number and nature of beneficiaries ,
      of products resulting from such supplies ;                         places, rate and manner of distribution.
 — the export, commercially or otherwise, within
      six months of the last delivery, either of                                             Article IX
      common wheat produced locally and of the
      same nature as that used to obtain the flour                  At the request of either of them, the Contracting
      received as add or of any                products    or       Parties shall consult each other on any questions
      by-products resulting from it.                                 concerning the implementation of this Agreement.
                         Article VIII
                                                                                             Article X
 The recipient country undertakes to inform the
 Community how this Agreement is being imple­                       This Agreement shall be drawn up in duplicate in
 mented. To this end it shall provide the Commis­                   the Danish, Dutch, English, French, German and
 sion of the European Communities with the                          Italian languages, each of these texts being equally
 following information :                                            authentic .
                                                            ANNEX
                                     Provisions laid down in Article III of the Agreement
                           Article 1                                ties to be delivered at each port, the period within which
                                                                    loading must begin, and the daily loading rate.
 Delivery shall be effected and all risk shall pass from the
 Community to the country of destination at the moment
 at which the goods have been placed in the ship's hold
                                                                                              Article 3
 at the port of shipment.
 The    country   of   destination    shall  bear   all costs       The Community must be prepared to load the goods on
subsequent to delivery of the goods, including costs of             the date resulting from the instructions in Article 8,
the stowage and, where appropriate, of trimming and                 whereon the vessel should be ready for loading.
bagging.
 Any demurrage or dispatch money at the port of ship­
                                                                                              Article 4
ment shall be a charge on or for the benefit of the
 Community and shall be determined before the vessel
sails. The rates and detailed arrangements relating                 On delivery of the goods, a tolerance of 5 °/o less than
 thereto laid down in the contract between the country of           the quantity to be supplied in accordance with Article I
 destination and the carrier must have been agreed upon
                                                                    of the Agreement is permitted.
in advance by the agent of the country of destination
 and the authorized agent of the Community referred to'
in Article 9 .                                                                                Article 5
                          Article 2                                 Once the goods are on board the vessel, the Community
                                                                    shall notify the country of destination of the date of
 The Community shall notify the country of destination              loading, together with the quantity and quality of the
  in good time of the port or ports of shipment, the quanti­       goods as recorded on loading.
 ---pagebreak---  28 . 1 . 74                          Official Journal of the European Communities                               No L 23 /35
                           Article 6                              The country of destination must notify the Community
                                                                  within a maximum period of 30 clear days from the
 The country of destination shall supply the Community,          beginning of loading of the shipment to which the goods
 within the period referred to in Article 2, with a vessel        should have belonged, of the date on which loading of
 of dimensions corresponding to the normal loading               the balance is due to begin or of its renunciation of the
 potential of the port of shipment.                               balance .
                                                                 If this obligation is not respected, the Community may
 Should it prove impossible for the vessel to begin
                                                                 consider that it has discharged its commitment to the
 loading within the period referred to in Article 2 and
                                                                 country of destination under Article I of the Agreement.
 should the country of destination not have notified the
 Community of this fact in writing at the latest by the
                                                                                            Article 8
 d^te on which the vessel should be ready for loading in
 accordance with Article 8 , the goods shall be at the
                                                                 The country of destination shall name for the Commu­
disposal of the Community .
                                                                 nity the vessel that is to ship the goods at least 10 clear
                                                                 days prior to the estimated date of arrival of the vessel
Whatever, the circumstances , the goods shall be held at
                                                                 in port or, where possible, 20 clear days prior to this
the expense, risk and peril of the country of destination .
                                                                 date, and shall at the same time indicate how soon after
                                                                 that date the vessel will be ready for loading.
                           Article 7                             The country of destination shall insert in the charter
                                                                 party a clause requiring the captain to inform the
                                                                 Community at least 72 hours in advance of the vessel's
Should the country of destination fail to provide a vessel
                                                                 estimated date of arrival in port.
of suitable tonnage or if the quantity made available for
loading on a vessel of suitable tonnage cannot be put on
                                                                                            Article 9
board in its entirety because of circumstances beyond the
control of the Community, the balance shall be loaded
into the next vessel under the conditions laid down in
                                                                 To implement this Annex , the Community shall appoint
this Annex .
                                                                 an authorized agent, whose name and address it shall
                                                                 make known in good time to the country of destination .
In this event, until the date of loading of the balance or       The country of destination shall nominate a receiving
until the country of destination gives notice in writing         agent in each port of shipment, whose name and address
that it gives up the balance, the goods shall be held at         it shall make known to the Community before the Agree­
the expense, risk and peril of the country of destination .      ment is implemented .
               Information on the signing of the Agreement between the European Economic
                     Community and the Hashemite Kingdom of Jordan on the supply of food aid
               The Agreement between the European Economic Community and Jordan on the
               supply of flour of common wheat as food aid, which the Council decided to conclude
               on 15 October 1973 , was signed in Brussels on 12 November 1973 , on behalf of the
               European Communities by :
               Mr Niels Ersboll, Ambassador Extraordinary and Plenipotentiary , Chairman of the
               Permanent Representatives Committee, and
               Mr Hans-Broder Krohn, Director-General for Development Cooperation of the
               Commission of the European Communities, and on behalf of the Government of
               Jordan by :
               Mr Dajani, Ambassador and Head of the Jordanian Mission to the European
               Communities .