CELEX: 21974A0723(01)
Language: en
Date: 1974-07-22 00:00:00
Title: Agreement between the European Economic Community and the Eastern Republic of Uruguay of the supply of common wheat as food aid

5 . 9 . 74                           Official Journal of the European Communities                        No L 243/ 15
                                                     AGREEMENT
              between the European Economic Community and the Eastern Republic of Uruguay on
                                     the supply of common wheat as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
              of the one part,
              THE GOVERNMENT OF THE EASTERN REPUBLIC OF URUGUAY,
              of the other part,
              HAVE DECIDED to conclude this Agreement and to this end have designated as their Pleni­
              potentiaries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              Mr Etienne BURIN des ROZIERS ,
              Chairman of the Permanent Representatives Committee ;
              Mr Hans-Broder KROHN,
              Director-General of Development Cooperation at the Commission of the European Communities,
              THE GOVERNMENT OF THE EASTERN REPUBLIC OF URUGUAY :
              Mr Federico GR0NWALDT-RAMASSO ,
              Ambassador Extraordinary and Plenipotentiary ,
              Head of the Mission of Uruguay to the European Communities ;
              WHO HAVE AGREED AS FOLLOWS :
                          Article I                             It undertakes to exercise the greatest possible care
                                                                to ensure that the tendering arrangements for the
                                                                transport by sea shall not be prejudicial to the free
As part of its Food Aid Programme (Cereals) for                play of fair competition. Any problems arising in
1973/74, the European Economic Community,                       this connection shall be the subject of consultations
hereinafter referred to as the 'Community', shall               under Article VIII.
supply the Eastern Republic of Uruguay, hereinafter
referred to as the 'recipient country', by way of
a gift, with 6 000 metric tons of common wheat.
                                                                                       Article IV
                         Article 11
Deliveries will be made in bulk fob in accordance               The recipient country undertakes to use the product
with the detailed rules set out in the Annex which is           received as aid for purposes of consumption and
an integral part of this Agreement.                             to apply, for the sale of the product on its market,
                                                               the prices normally charged on that market for
                                                                products of comparable quality.
                         Article III
                                                                The proceeds from this sale shall be paid into
The recipient country undertakes to make all                    a special account at the Central Bank of that country
necessary arrangements for the transport and                    and allocated to the financing of one or more
insurance of the product from point of delivery to             development schemes agreed between the recipient
places of destination.                                         country and the Community.
 ---pagebreak--- No L 243/ 16                       Official Journal of the European Communities                                 5 . 9 . 74
                        Article V                             1 . immediately after the unloading of each cargo :
                                                                  port and date of arrival of vessel ; nature, quan­
The Contracting Parties undertake to implement this               tity and any observations as to the quality of the
Agreement in such a way as to avoid any prejudice                 products unloaded ; date on which unloading was
to the normal structure of domestic production and                completed ; costs of sea transport and of in­
international trade. To this end they shall take any              surance relating thereto ;
measures required to ensure that aid supplies are in
addition to, and do not replace, commercial                   2. every three months until the quantities received
transactions which might reasonably be expected in                as aid have been fully used : quantities sold, how
the absence of such supplies. In particular, the                  they have been sold, selling prices ; normal selling
recipient country undertakes to import commercially               costs on the recipient country's market; in­
from whatever source between 1 January 1974 and                   surance costs and, where appropriate, transport
31 December 1974 a minimum quantity of 12 800                     costs from the port of unloading to the places
metric tons of common wheat or its equivalent in                  of destination ;
flour of common wheat.
                                                              3 . on 15 January every year until the special
                                                                  account had been fully used :
                       Article VI
                                                                  (a) state of this account (deposits and with­
The recipient country shall take all appropriate                      drawals) on 31 December of the preceding
measures to prevent :                                                 year ;
— the re-export of the product received as aid and                (b) progress achieved in the project or projects,
                                                                      with an indication of the total amount of
    of products and by-products resulting from such
    supplies ;                                                        financing carried out at that stage.
— the export, commercially or otherwise, within
    four months of the last delivery, either of local                                Article VIII
    produce of the same nature as that received as
    aid or of any products and by-products resulting          At the request of either of them, the Contracting
    from it.                                                  Parties shall consult each other on any questions
                                                              concerning the implementation of this Agreement.
                       Article VII
                                                                                      Article IX
The recipient country undertakes to inform the Com­
munity of the mode of implementation of this                  This Agreement shall be drawn up in duplicate in
Agreement. To this end it shall provide the                   the Danish, Dutch, English, French, German, Italian
Commission of the European Communities with the               and Spanish languages, each of these texts being
following information:                                        authentic.
                                                        ANNEX
                   ARRANGEMENTS REFERRED TO IN ARTICLE II OF THE AGREEMENT
                      CHAPTER I                               moment at which the goods are put down at the point
                                                              of exportation named by the Commission of the Euro­
                  General Provisions                          pean Communities at the berth specified by the country
                                                              of destination or its agent referred to in Article 3 and
                        Article 1                             under the terms specified in this Annex. Without preju­
                                                              dice to Articles 8 and 9 the Community shall bear all
Delivery shall be effected and all risk shall pass from       costs prior to delivery and the country of destination
the Community to the country of destination at the            those after delivery.
 ---pagebreak--- 5 . 9 . 74                           Official Journal of the European Communities                             No L 243 / 17
                          Article 2                                                      CHAPTER III
On delivery of the goods, a tolerance of 5% less than                     Obligations of the country of destination
the quantity to be supplied in accordance with Article I
of 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              provided for in Article I of the Agreement one or more
it shall make known to the country of destination               vessels of dimensions corresponding to the normal
immediately following his appointment. For ea,ch port of         capacity of the port of shipment; these vessels must be
shipment the country of destination shall appoint an            ready for loading on a date falling within the period
                                                                 referred to in Article 4.
agent whose name and address it shall make known to
the 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 commence­
                                                                ment of delivery as soon as he knows them, is possible
                          Article 4                              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            He shall establish with the agent of the Community the
Commission of the European Communities and the                   schedule according to which delivery shall take place.
country of destination shall establish by joint agreement
the period during which delivery must begin.
                                                                                           Article 8
                       CHAPTER II                               "Where the country of destination is unable to begin
                                                                loading on the date provided for in the first subpara­
                                                                 graph of Article 7, the agent of the country of destination
              Obligations of the Community                       shall inform the agent of the Community without delay.
                                                                In this event the agents of the Community and of the
                          Article 5                             country of destination may agree on a new date for the
                                                                commencement of delivery and, if applicable, a new
                                                                schedule. The costs arising from the delay in loading
Where the Community is not in a position to carry out           shall in all cases except force majeure be borne by the
delivery on the date, and, if applicable, according to the      country of destination.
schedule laid down in Article 7, all costs arising for the
country of destination — for example, demurrage, void
freight and dead freight — shall be borne by the Com­           Should the new date provided for in the second
munity.                                                         subparagraph be more than 30 clear days after the date
                                                                for loading provided for in the first subparagraph of
                                                                Article 7, the Community may dispose of the goods
The charges and the arrangements relating to demurrage          without prejudice to its commitment under Article I of
laid down in the contract concluded between the country         this Agreement.
of destination and the carrier must have previously been
agreed by the country of destination and the agent of
the Community.
                                                                                           Article 9
The other costs referred to in the first subparagraph
shall be refunded by the Community only if they have
been paid by the country of destination with the approval       Where the quantity made available for loading on a
of the Community.                                               vessel 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
                          Article 6                             loading has been completed, whether it intends to accept
                                                                 or to renounce the balance .
Where it is impossible for the Community to supply all
or part of the goods on the date and within the time            In the former case the second and third subparagraphs
limits provided for in Article 7, the agents of the Com­        of Article 8 shall apply to the balance, if delivery has not
munity and of the country of destination may, without           yet taken place.
prejudice to Article 5, agree on a new date and a new
time limit for the delivery of. all the goods or of the         In the latter case the Community may consider that it
undelivered part thereof.                                       has discharged its commitment to the country of
 ---pagebreak--- No L 243 / 18                        Official Journal of the European Communities                                5 . 9 . 74
destination under Article I of this Agreement and shall                                 Article 10
bear the costs resulting from renunciation.
                                                                Upon delivery of the goods, the country of destination
                                                                shall hand over to the agent of the Community a certifi­
In any event, after an interval of 15 clear days and in         cate of acceptance stating the port of shipment, date of
the absence of any notice on the part of the country of         acceptance and the nature and quantity of the goods
destination, renunciation shall be deemed to have taken         accepted, together with any comments on the quality of
place.                                                          the goods.
              Information on the signing of the Agreement on the supply of food aid between the
                       European Economic Community and the Eastern Republic of Uruguay
               The Agreement between the European Economic Community and Uruguay on the
               supply of common wheat as food aid, which the Council decided to conclude on
               22 July 1974, was signed in Brussels on 23 July 1974 on behalf of the Council of the
               European Communities by:
               Mr Etienne Burin des Roziers, Ambassador Extraordinary and Plenipotentiary, Chair­
               man of the Permanent Representatives Committee, and
               Mr Hans-Broder Krohn, Director-General for Development and Cooperation at the
               Commission of the European Communities, on behalf of the Government of Uruguay
               by :
               Mr Frederico Griinwaldt-Ramasso, Ambassador Extraordinary and Plenipotentiary
               and Head of the Uruguayan Mission to the European Community.