CELEX: 
Language: en
Date: 1975-09-03 00:00:00
Title: Council Decision of 17 February 1975 on the conclusion of the Agreement between the European Economic Community and Ethiopia on the supply of common wheat and maize as food aid #Agreement between the European Economic Community and Ethiopia on the supply of common wheat and maize as food aid

3 . 9 . 75                      Official Journal of the European Communities                      No L 232/ 13
                                            COUNCIL DECISION
                                             of 17 February 1975
           on the conclusion of the Agreement between the European Economic Commu­
              nity and Ethiopia on the supply of common wheat and maize as food aid
                                                  (75/ 520/ 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 concluded the 1971 Food Aid Conven­
           tion ;
           Whereas by its letter of 20 November 1973, Ethiopia has requested food aid ;
           Whereas in view of the cereal supply situation in that country the latter should be
           accorded, under the Community food-aid programme for 1973/74, and by way of gift,
           15 000 metric tons of common wheat and 5 000 metric tons of maize,
           HAS DECIDED AS FOLLOWS :
                                                    Article 1
           The Agreement between the European Economic Community and Ethiopia on the
           supply ot common wheat and maize as food aid is hereby concluded on behalf of the
           Community.
           The text of the Agreement is annexed to this Decision .
                                                    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 February 1975.
                                                                      For the Council
                                                                       The President
                                                                         R. RYAN
 ---documentbreak--- No L 232/ 14                         Official Journal of the European Communities                                3 . 9 . 75
                                                     AGREEMENT
               between the European Economic Community and Ethiopia on the supply of
                                       common wheat and maize as food aid
               THE COUNCIL OF THE EUROPEAN COMMUNITIES,
               of the one part,
               THE GOVERNMENT OF ETHIOPIA,
               of the other part,
               HAVE DECIDED to conclude this Agreement, and to this end have designated as their Plenipotenti­
               aries :
               THE COUNCIL OF THE EUROPEAN COMMUNITIES :
               THE GOVERNMENT OF ETHIOPIA :
               WHO HAVE AGREED AS FOLLOWS :
                          Article I                                                    A rticle V
As part of its food-aid programme (cereals) for                The country of destination undertakes to use the
1973 /74, the European Economic Community, here­               products received as aid for consumption and to distri­
inafter referred to as the 'Community', shall supply           bute them free of charge to the needy sections of the
Ethiopia, hereinafter referred to as the 'country of           population .
destination ', by way of gift, with 15 000 metric tons of
common wheat and 5 000 metric tons of maize .
                                                                                       Article VI
                         Article II
                                                               The Community shall grant the        country of destination
                                                               a fixed contribution towards           covering the costs
Deliveries shall be made cif port of unloading in the          incurred by that country for         the transport of the
country of destination in new jute sacks with a net            products from the cif stage to       places of destination .
weight of 50 kg each .                                         This contribution shall amount to 30 units of account
                                                               per metric ton of delivered products .
                         Article III
                                                               The Community undertakes to pay this contribution
The obligations and responsiblities of the Community           as soon as possible after receipt by the Commission of
and of the country of destination relating to delivery         the European Communities of the copy of the certifi­
and receipt are defined in the Annex, which forms an           cate of acceptance required in Article 6 of the Annex.
integral part of this Agreement.
                                                                                      Article VII
                         Article IV
                                                               The Contracting Parties undertake to implement this
The country of destination undertakes to make all the          Agreement in such a way as to avoid any prejudice to
necessary arrangements for the transport and insur­            the normal structure of domestic production and inter­
ance of the products from the cif stage to places of           national trade . To this end, they shall take any
destination .                                                  measures required to ensure that aid supplies are in
 ---pagebreak--- 3 . 9 . 75                        Official Journal of the European Communities                        No L 232/ 15
addition to, and do not replace, commercial transac­        pean Communities every three months until the quan­
tions which might reasonably be expected in the             tities received as aid have been fully used : quantities
absence of such supplies.                                   distributed ; number and nature of the beneficiaries ;
                                                            places, rate and method of distribution .
                      Article VIII
                                                                                    Article X
The country of destination shall take all appropriate
measures to prevent :                                       The country of destination shall take all appropriate
                                                            measures to enable those persons duly authorized by
— the re-export of the products received as aid and         the Community to make on the spot observations of
     of products and by-products derived from them ;        the operations connected with the implementation of
— the export, commercially or otherwise, within six         the Agreement.
     months from the date of the last delivery, both of
     products obtained locally which are of the same                               Article XI
     kind as that received as aid or of products or         At the request of either of them , the Contracting
     by-products derived from them .                        Parties shall consult each other on any questions
                                                            concerning the implementation of this Agreement.
                       Article IX
                                                                                   Article XII
The country of destination undertakes to inform the
Community of the manner in which this Agreement             This Agreement is drawn up in duplicate in the
is performed . To this end, it shall communicate the         Danish , Dutch, English, French, German and Italian
following information to the Commission of the Euro­        languages, each of these texts being authentic.
 ---pagebreak--- No L 232/ 16                           Official Journal of the European Communities                                    3 . 9 . 75
                                                              ANNEX
                                       PROCEDURES FOR DELIVERY AND RECEIPT
                          Article 1                               It shall have inserted in the charter party an undertaking by
                                                                  the captain to give the country of destination at least 72
Delivery shall be effected and all risk shall pass from the       hours' notice of the probable date of the ship's arrival in the
Community to the country of destination at the moment at          port of discharge.
which the goods are actually taken in charge in the ship's
hold at the port of discharge.
                                                                                              Article 4
The country of destination shall bear all costs subsequent to
delivery of the goods, including the costs of discharge (such     On delivery of the cargo, an allowance of 5 % less than the
as breaking bulk, hoisting, taking delivery) as well as any       quantity laid down under Article I of the Agreement shall be
lighterage costs .                                                permitted .
Any demurrage or dispatch money at the port of discharge
shall be borne by or paid to the country of destination. The                                  Article 5
rates and conditions of payment laid down in the contract
between the authorized agent of the Community referred to         To implement this Annex, the Community shall appoint an
in Article 5 and the carrier must have been agreed in             authorized agent whose name and address it shall make
advance between that agent and the receiving agent of the         known in good time to the country of destination.
country of destination referred to in Article 5 .
                                                                  At each port of discharge the country of destination shall
                                                                   nominate a receiving agent whose name and address it shall
                           Article 2
                                                                   make known to the Community before the Agreement is
The Community shall forward to the country of destination ,        implemented.
as soon as possible after the goods have been shipped, a
notice giving the name of the ship, the date of loading, the                                  Article 6
quantity and quality of the goods in loading and the port of
discharge .                                                        On delivery of the goods the country of destination shall
                                                                   hand to the authorized agent of the Community a certificate
                           Article 3                               of receipt, which shall set out the place and date of receipt,
                                                                   the nature and the quantity of the goods received, together
The Community shall inform the country of destination of           with any comments on the quality of those goods. A copy of
the ship's estimated date of arrival at the port of discharge at   the certificate shall be sent to the Commission of the Euro­
least 10 clear days before that date .                             pean Communities .
                Information on the signing of the Agreement between the European Economic
                                 Community and Ethiopia on the supply of food aid
               The Agreement between the European Economic Community and Ethiopia on the
               supply of common wheat and maize as food aid, which the Council decided to conclude
               on 17 February 1975, was signed in Brussels on 20 February 1975, on behalf of the
               Council of the European Communities by :
               Mr Brendan Dillon, 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 the provisional military Government of Ethiopia by :
               Mr Gebre Kidan Alula, Permanent Representative of Ethiopia to the European Economic
                Community.
 ---documentbreak--- NA ---documentbreak--- No L 232/ 16                           Official Journal of the European Communities                                    3 . 9 . 75
                                                              ANNEX
                                       PROCEDURES FOR DELIVERY AND RECEIPT
                          Article 1                               It shall have inserted in the charter party an undertaking by
                                                                  the captain to give the country of destination at least 72
Delivery shall be effected and all risk shall pass from the       hours' notice of the probable date of the ship's arrival in the
Community to the country of destination at the moment at          port of discharge.
which the goods are actually taken in charge in the ship's
hold at the port of discharge.
                                                                                              Article 4
The country of destination shall bear all costs subsequent to
delivery of the goods, including the costs of discharge (such     On delivery of the cargo, an allowance of 5 % less than the
as breaking bulk, hoisting, taking delivery) as well as any       quantity laid down under Article I of the Agreement shall be
lighterage costs .                                                permitted .
Any demurrage or dispatch money at the port of discharge
shall be borne by or paid to the country of destination. The                                  Article 5
rates and conditions of payment laid down in the contract
between the authorized agent of the Community referred to         To implement this Annex, the Community shall appoint an
in Article 5 and the carrier must have been agreed in             authorized agent whose name and address it shall make
advance between that agent and the receiving agent of the         known in good time to the country of destination.
country of destination referred to in Article 5 .
                                                                  At each port of discharge the country of destination shall
                                                                   nominate a receiving agent whose name and address it shall
                           Article 2
                                                                   make known to the Community before the Agreement is
The Community shall forward to the country of destination ,        implemented.
as soon as possible after the goods have been shipped, a
notice giving the name of the ship, the date of loading, the                                  Article 6
quantity and quality of the goods in loading and the port of
discharge .                                                        On delivery of the goods the country of destination shall
                                                                   hand to the authorized agent of the Community a certificate
                           Article 3                               of receipt, which shall set out the place and date of receipt,
                                                                   the nature and the quantity of the goods received, together
The Community shall inform the country of destination of           with any comments on the quality of those goods. A copy of
the ship's estimated date of arrival at the port of discharge at   the certificate shall be sent to the Commission of the Euro­
least 10 clear days before that date .                             pean Communities .
                Information on the signing of the Agreement between the European Economic
                                 Community and Ethiopia on the supply of food aid
               The Agreement between the European Economic Community and Ethiopia on the
               supply of common wheat and maize as food aid, which the Council decided to conclude
               on 17 February 1975, was signed in Brussels on 20 February 1975, on behalf of the
               Council of the European Communities by :
               Mr Brendan Dillon, 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 the provisional military Government of Ethiopia by :
               Mr Gebre Kidan Alula, Permanent Representative of Ethiopia to the European Economic
                Community.