CELEX: 
Language: en
Date: 1974-02-25 00:00:00
Title: Council Decision of 17 December 1973 on the conclusion of the Agreement between the European Economic Community and the Lebanese Republic on the supply of common wheat a food aid #Agreement between the European Economic Community and the Lebanese Republic on the supply of common wheat as food aid

No L 53 / 22                      Official Journal of the European Communities                       25 . 2 . 74
                                              COUNCIL DECISION
                                               of 17 December 1973
             on the conclusion of the Agreement between the European Economic Commu­
              nity and the Lebanese Republic on the supply of common wheat as food aid
                                                     (74/88 / EEC)
             THE COUNCIL OF THE EUROPEAN COMMUNITIES,
             Having regard to the Treaty establishing the European Economic Community, and in
             particular Articles 113, 114 and 228 thereof ;
             Having regard to the recommendation from the Commission ;
             Whereas the European Economic Community has deposited a Declaration of provisional
             application of the 1971 Food Aid Convention ; whereas that Convention has been appli­
             cable since 1 July 1971 ;
             Whereas by its letter of 25 August 1972, the Lebanese Republic has requested food aid ;
             Whereas in view of the cereal supply situation in the Lebanon , that country should be
             accorded, by way of gift, 5 000 metric tons of common wheat under the Community Food
             Aid Programme for 1972/73,
             HAS DECIDED AS FOLLOWS :
                                                       Article 1
             The Agreement between the European Economic Community and the Lebanese Republic
             on the supply of common wheat as food aid, the text of which is annexed to this Deci­
             sion , is hereby concluded on behalf of the Community.
                                                       Article 2
             The President of the Council is hereby authorized to designate the persons empowered to
             sign the Agreement and to confer on them the necessary powers to bind the Community.
             Done at Brussels, 17 December 1973 .
                                                                        For t'u- Council
                                                                          The President
                                                                         I. NØRGAARD
 ---documentbreak--- 25 . 2 . 74                           Official Journal of the European Communities                          No L 53 /23
                                                      AGREEMENT
              between the European Economic Community and the Lebanese Republic on the supply
                                                of common wheat as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
              ot the one part,
              THE GOVERNMENT OF THE LEBANESE REPUBLIC,
              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 LEBANESE REPUBLIC :
              WHO HAVE AGREED AS FOLLOWS :
                          Article I                              of the product from ports of shipment to places of
                                                                 destination .
As part of its Food Aid Programme ( Cereals ) for
1972/73 , the European Economic Community , here­
inafter referred to as the 'Community ', shall supply            It undertakes to exercise the greatest possible care
the Lebanese Republic, hereinafter referred to as the            to ensure that the tendering arrangements for the
' recipient country', by way of a gift, with 5 000                transport by sea shall not be prejudicial to the free
 metric tons of common wheat.                                     play of fair competition . Any problems arising in
                                                                  this connection shall be the subject of consultations
                                                                  under Article IX .
                         Article 11 '
Deliveries will be made in bulk fob to Community                                         Article V
ports .
                                                                 The recipient country undertakes to use the product
                         Article 111                             received as aid for purposes of consumption and to
                                                                 apply , for the sale of the product on its market, the
The obligations and responsibilities of the Commu­               prices normally charged on that market for
 nity and of the recipient country relating in parti­            products of comparable quality.
cular to delivery and the taking of delivery respec­
tively are defined in the Annex , which forms an inte­
gral part of this Agreement.                                     The proceeds from this sale, less the costs of sea
                                                                 transport , of insurance and the normal cost of
                                                                 selling the product on the recipient country's
                                                                 market, shall be paid into a special account at the
                         Article IV                              Central Bank of that country and allocated to the
                                                                 financing of one or more development schemes
The recipient country undertakes to make all neces­              proposed by the recipient country and approved by
sary arrangements for the transport and insurance                the Community .
 ---pagebreak--- No L 53 /24                          Official Journal of the European Communities                                   25 . 2 . 74
                         Article VI                               Agreement. To this end it shall provide the Commis­
                                                                  sion of the European Communities with the
The Contracting Parties undertake to implement                    following information :
this Agreement in such a way as to avoid any preju­                1 . not later than 30 days after the unloading of
dice to the normal structure of domestic production                     each cargo : port and date of arrival of the
and international trade. To this end they shall take                    vessel ; nature, quantity and quality of the
any measures required to ensure that aid supplies                      products unloaded, date on which unloading was
are in addition to, and do not replace, commercial                      completed ;
transactions which might reasonably be expected in
the absence of such supplies. In particular, the recip­           2 . every three      months until the quantities received
ient country undertakes to import commercially                          as aid have    been fully used : quantities sold, how
from whatever source between 1 July 1973 and 30                         they have      been sold, selling prices ; normal
June 1974 a minimum quantity of 230 000 metric                          selling costs  on the recipient country's market ;
tons of common wheat or its equivalent in flour of
common wheat .                                                    3 . on 15 January every year until the special
                                                                        account has been fully used :
                         Artie e VII                                   ( a ) state of this account ( deposits and with­
                                                                               drawals) on 31 December of the preceding
The recipient country shall take all appropriate                               year ;
measures to prevent :                                                   ( b ) progress achieved in the project or projects,
— the re-export of the product received as aid and                             with an indication of the total amount of
     of products and by-products resulting from such                          financing carried out at that stage.
      supplies ;
                                                                                              Article IX
— the export, commercially or otherwise, within
      six months of the last delivery, either of local            At the request of either of them, the Contracting
     produce of the same nature as that received as               Parties shall consult each other on any questions
      aid or of any products and by-products resulting            concerning the implementation of this Agreement .
      from it.
                                                                                               Article X
                        Artie e VIII                              This Agreement shall be drawn up in duplicate in
                                                                  the Danish, Dutch, English, French, German and
The recipient country undertakes to inform the                    Italian languages, each of these texts being authen­
Community of the mode of implementation of this                   tic .
                                                           ANNEX
                                      Provisions laid down m Article III of the Agreement
                          Article 1                               in advance by the agent of the recipient country and the
                                                                  authorized agent of the Community referred to in
Delivery shall be effected and all risk shall pass from the        Article 9 .
Community to the recipient country at the moment at
which the goods have been placed in the ship's hold at                                         Article 2
 the port of shipment.
The recipient country shall bear all costs subsequent to          The Community shall notify the recipient country in
delivery of the goods, including costs of stowage and ,           good time of the port or ports of shipment, the quanti­
 where appropriate, of trimming and bagging .                      ties to be delivered at each port, the period within which
                                                                   loading must begin, and the daily loading rate.
 Any demurrage or dispatch money at the port of ship­
 ment shall be a charge on or for the benefit of the                                           Article 3
 Community and shall be determined before the vessel
 sails . The rates and detailed arrangements relating              The Community must be prepared to load the goods on
 thereto laid down in the contract between the country of         the date resulting from the instructions in Article 8,
 destination and the carrier must have been agreed upon            whereon the vessel should be ready for loading.
 ---pagebreak--- 25 . 2 . 74                            Official Journal of the European Communities                               No L 53 /25
                          Article 4                               In this event, until the date of loading of the balance or
                                                                  until the recipient country gives notice in writing that it
On delivery of the goods, a tolerance of 5 °/o less than          gives up the balance, the goods shall be held at the
the quantity to be supplied in accordance with Article I          expense, risk and peril of the recipient country.
of the Agreement is permitted .
                                                                  The recipient country must notify the Community within
                          Article S                               a maximum period of 30 clear days from the beginning
                                                                  of loading of the shipment to which the goods should
Once the goods are on board the vessel , the Community            have belonged, of the date on which loading of the
shall notify the recipient country of the date of loading,        balance is due to begin or of its renunciation of the
together with the quantity and quality of the goods as            balance .
recorded on loading.
                                                                   If this obligation is not respected, the Community may
                                                                  consider that it has discharged its commitment to the
                          Article 6
                                                                   recipient country under Article I of the Agreement.
The recipient country shall supply the Community,
                                                                                              Article 8
within the period referred to in Article 2, with a vessel of
dimensions corresponding to the normal loading poten­              The recipient country shall name for the Community the
tial of the port of shipment.                                      vessel that is to ship the goods at least 10 clear days
                                                                  prior to the estimated date of arrival of the vessel in
Should it prove impossible for the vessel to begin
loading within the period referred to in Article 2 and            port or where possible 20 clear days prior to this date ;
                                                                   it shall at the same time indicate how soon after that
should the recipient country not have notified the
                                                                   date the vessel will be ready for loading.
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               The recipient country shall insert in the charter party a
                                                                   clause requiring the captain to inform the Community at
disposal of the Community.
                                                                   least 72 hours in advance of the vessel 's estimated date
Whatever the circumstances, the goods shall be held at             of arrival in port.
the expense, risk and peril of the recipient country .                                        Article 9
                          Article 7                                To implement the provisions of this Annex, the Commu­
                                                                   nity shall appoint an authorized agent, whose name and
Should the recipient country fail to provide a vessel of          address it shall make known in good time to the recipient
suitable tonnage or if the quantity made available for             country .
loading on a vessel of suitable tonnage cannot be put on
board in its entirety because of circumstances beyond the          The recipient country shall nominate a receiving agent in
control of the Community , the balance shall be loaded            each port of shipment, whose name and address it shall
onto the next vessel under the conditions laid down in             make known to the Community before the Agreement is
this Annex .                                                      implemented .
               Information on the signing of the Agreement between the European Economic
                            Community and the Lebanese Republic on the supply of food aid
               The Agreement between the European Economic Community and the Lebanon on the
               supply of common wheat as food aid , which the Council decided to conclude on
               l "7 December 1973 , was signed in Brussels on 18 December 1973 , by
               Mr Niels Ersboll, Ambassador Extraordinary and Plenipotentiary, Chairman 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 Council of the European
               Communities, and by
               Mr Kesrouan Labaki , Ambassador Extraordinary and Plenipotentiary , Head of the
               Mission of the Lebanon to the European Communities on behalf of the Lebanese
               Government .
 ---documentbreak--- NA ---documentbreak--- 25 . 2 . 74                            Official Journal of the European Communities                               No L 53 /25
                          Article 4                               In this event, until the date of loading of the balance or
                                                                  until the recipient country gives notice in writing that it
On delivery of the goods, a tolerance of 5 °/o less than          gives up the balance, the goods shall be held at the
the quantity to be supplied in accordance with Article I          expense, risk and peril of the recipient country.
of the Agreement is permitted .
                                                                  The recipient country must notify the Community within
                          Article S                               a maximum period of 30 clear days from the beginning
                                                                  of loading of the shipment to which the goods should
Once the goods are on board the vessel , the Community            have belonged, of the date on which loading of the
shall notify the recipient country of the date of loading,        balance is due to begin or of its renunciation of the
together with the quantity and quality of the goods as            balance .
recorded on loading.
                                                                   If this obligation is not respected, the Community may
                                                                  consider that it has discharged its commitment to the
                          Article 6
                                                                   recipient country under Article I of the Agreement.
The recipient country shall supply the Community,
                                                                                              Article 8
within the period referred to in Article 2, with a vessel of
dimensions corresponding to the normal loading poten­              The recipient country shall name for the Community the
tial of the port of shipment.                                      vessel that is to ship the goods at least 10 clear days
                                                                  prior to the estimated date of arrival of the vessel in
Should it prove impossible for the vessel to begin
loading within the period referred to in Article 2 and            port or where possible 20 clear days prior to this date ;
                                                                   it shall at the same time indicate how soon after that
should the recipient country not have notified the
                                                                   date the vessel will be ready for loading.
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               The recipient country shall insert in the charter party a
                                                                   clause requiring the captain to inform the Community at
disposal of the Community.
                                                                   least 72 hours in advance of the vessel 's estimated date
Whatever the circumstances, the goods shall be held at             of arrival in port.
the expense, risk and peril of the recipient country .                                        Article 9
                          Article 7                                To implement the provisions of this Annex, the Commu­
                                                                   nity shall appoint an authorized agent, whose name and
Should the recipient country fail to provide a vessel of          address it shall make known in good time to the recipient
suitable tonnage or if the quantity made available for             country .
loading on a vessel of suitable tonnage cannot be put on
board in its entirety because of circumstances beyond the          The recipient country shall nominate a receiving agent in
control of the Community , the balance shall be loaded            each port of shipment, whose name and address it shall
onto the next vessel under the conditions laid down in             make known to the Community before the Agreement is
this Annex .                                                      implemented .
               Information on the signing of the Agreement between the European Economic
                            Community and the Lebanese Republic on the supply of food aid
               The Agreement between the European Economic Community and the Lebanon on the
               supply of common wheat as food aid , which the Council decided to conclude on
               l "7 December 1973 , was signed in Brussels on 18 December 1973 , by
               Mr Niels Ersboll, Ambassador Extraordinary and Plenipotentiary, Chairman 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 Council of the European
               Communities, and by
               Mr Kesrouan Labaki , Ambassador Extraordinary and Plenipotentiary , Head of the
               Mission of the Lebanon to the European Communities on behalf of the Lebanese
               Government .