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 Hashemite Kingdom of Jordan on the supply of flour of common wheat as food aid #Agreement between the European Economic Community and the Hashemite Kingdom of Jordan on the supply of flour of common wheat as food aid

No L 53 / 26                      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 Hashemite Kingdom of Jordan on the supply of flour of common
                                                 wheat as food aid
                                                    (74/89/ 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 the Hashemite Kingdom of Jordan under the Community Food Aid Programme
             for 1972/73 has requested food aid ;
             Whereas in view of the cereal supply situation in Jordan that country should be accorded,
             by way of gift, 5 000 metric tons of common wheat in the form of 3 311 metric tons of
             flour of common wheat under the above Food Aid Programme,
             HAS DECIDED AS FOLLOWS :
                                                      Article 1
             The Agreement between the European Economic Community and the Hashemite
             Kingdom of Jordan on the supply of flour of common wheat as food aid, the text of
             which is annexed to this decision , 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 the Council
                                                                          The President
                                                                         I. NØRGAARD
 ---documentbreak--- 25 . 2 . 74                          Official Journal of the European Communities                        No L 53 /27
                                                      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,
              ot 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 AGREED AS FOLLOWS :
                          Article 1                             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                It undertakes to exercise the greatest possible care
inafter referred to as the 'Community', shall supply            to ensure that the tendering arrangements for the
the Hashemite Kingdom of Jordan, hereinafter                    transport by sea shall not be prejudicial to the free
referred to as the 'recipient country' by way of gift           play of fair competition. Any problems arising in
with 5 000 metric tons of common wheat, in the                  this connection shall be the subject of consultations
form of 3 311 metric tons of flour of common
                                                                under Article IX .
wheat.
                         Article 11                                                   Article V
Deliveries will be made fob to Community ports in
new cotton sacks each having a net weight of 50                 The recipient country undertakes to use the product
 kilogrammes .                                                  received as aid for purposes of consumption and to
                                                                distribute it free of charge to the refugee popula­
                         Article 111                            tion .
The obligations and responsibilities of the Commu­                                    Article VI
 nity and of the recipient country relating in parti­
 cular to delivery and the taking of delivery respec­
 tively are defined in the Annex, which forms an inte­          The Contracting Parties undertake to implement
 gral part of this Agreement.                                   this Agreement in such a way as to avoid any preju­
                                                                dice to the normal structure of domestic production
                                                                and international trade. To this end they shall take
                         Article IV                             any measures required to ensure that aid supplies
                                                                are in addition to, and do not replace, commercial
The recipient country undertakes to make all neces­             transactions which might reasonably be expected in
 sary arrangements for the transport and insurance              the absence of such supplies .
 ---pagebreak--- No L 53/28                              Official Journal of the European Communities                                   25 . 2 . 74
                          Article VII                                1 . not later than .30 days after the unloading of
                                                                           each cargo : port and date of arrival of the
The recipient country shall take all appropriate                           vessel ; nature, quantity and quality of the
measures to prevent :
                                                                           products unloaded ; date on which unloading
                                                                           was completed ;
— the re-export of the product received as aid and
      of products and by-products resulting from such                2 . every three months until the quantities received
      supplies ;                                                           as aid have been fully used : quantities distri­
                                                                           buted ; number and nature of beneficiaries ;
■— the export, commercially or otherwise, within                           places, rate and method of distribution .
      six months of the last delivery , either of
      common wheat produced locally of the same
                                                                                                 Article IX
      nature as that used to obtain the flour received
      as aid or of any by-products resulting from that               At the request of either of them, the Contracting
       common wheat .                                                Parties shall consult each other on any questions
                                                                      concerning the implementation of this Agreement .
                          Article VIII
                                                                                                  Article X
 The recipient country undertakes to inform the
 Community of the mode of implementation of this                      This Agreement shall be drawn up in duplicate in
 Agreement. 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
 following information :                                              authentic .
                                                              ANNEX
                                        Provisions laid down in Article III of the Agreement
                            Article 1                                                              Article 3
 Delivery shall be effected and all risk shall pass from               The Community must be prepared to load the goods
  the Community to the recipient country at the moment                 on thedate resulting from the instructions in Article 8,
  at which the goods have been placed in the ship's hold                whereon the vessel should be ready for loading.
  at the port of shipment.
                                                                                                    Article 4
  The recipient country shall bear all costs subsequent to
  delivery of the goods, including costs of stowage and,                On delivery of the goods, a tolerance of 5 °/o less than
   where appropriate, of trimming and bagging.                          the quantity to be supplied in accordance with Article I
                                                                        of the Agreement is permitted .
  Any demurrage or dispatch money at the port of ship­
  ment shall be a charge on or for the benefit of the                                               Article S
   Community and shall be determined before the vessel
   sails. The rates and detailed arrangements relating thereto           Once the goods are on board the vessel , the Community
   laid down in the contract between the country of destina­            shall notify the recipient country of the date of loading,
   tion and the carrier must have been agreed upon in                    together with the quantity and quality of the goods as
   advance by the agent of the recipient country and the                 recorded on loading .
   authorized agent of the Community referred to in
                                                                                                    Article 6
   Article 9 .
                                                                         The recipient country shall supply the Community,
                              Article 2
                                                                         within the period referred to in Article 2, with a vessel
                                                                         of dimensions corresponding to the normal loading
    The Community shall notify the recipient country in                   potential of the port of shipment .
    good time of the port or ports of shipment, the quantities
    to be delivered at each port, the period within which                Should it prove impossible for the vessel to begin loading,
    loading must begin , and the daily loading rate.                     within the period referred to in Article 2 and should the
 ---pagebreak--- 25 . 2 . 74                            Official Journal of the European Communities                              No L 53 / 29
recipient country not have notified the Community of              If this obligation is not respected, the Community may
this fact in writing at the latest by the date on which the       consider that it has discharged its commitment to the
vessel should be ready for loading in accordance with             recipient country under Article I of the Agreement .
Article 8 , the goods shall be at the disposal of the
Community .                                                                                 Article 8
Whatever the circumstances, the goods shall be held at            The recipient country shall name for the Community
the expense, risk and peril of the recipient country .            the vessel that is to ship the goods at least 10 clear days
                                                                  prior to the estimated date of arrival of the vessel in
                           Article 7                              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 fail to provide a vessel of          date the vessel will be ready for loading.
suitable tonnage or if the quantity made available for
loading on a vessel of suitable tonnage cannot be put             The recipient country shall insert in the charter party a
on board in its entirety because of circumstances beyond          clause requiring the captain to inform the Community at
the control of the Community, the balance shall be loaded          least 72 hours in advance of the vessel 's estimated date
onto the next vessel under the conditions laid down in
                                                                   of arrival in port.
this Annex .
                                                                                             Article 9
In this event, until the date of loading of the balance
or until the recipient country gives notice in writing that
 it gives up the balance, the goods shall be held at the           To implement the provisions of this Annex, the Com­
 expense, risk and peril of the recipient country .                munity shall appoint an authorized agent, whose name
                                                                   and address it shall make known in good time to the
 The recipient country must notify the Community within            recipient country .
 a maximum period of 30 clear days from the beginning
 of loading of the shipment to which the goods should              The recipient country shall nominate a receiving agent
 have belonged, of the date on which loading of the                in each port of shipment, whose name and address it
 balance is due to begin or of its renunciation of the             shall make known to the Community before the Agree­
 balance .                                                         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
               t.»f common wheat flour as food aid, which the Council decided to conclude on
                17 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 Datani , Ambassador, Head of the Jordanian Mission to the European Communities
                on behalf of the Jordanian Government.
 ---documentbreak--- NA ---documentbreak--- 25 . 2 . 74                            Official Journal of the European Communities                              No L 53 / 29
recipient country not have notified the Community of              If this obligation is not respected, the Community may
this fact in writing at the latest by the date on which the       consider that it has discharged its commitment to the
vessel should be ready for loading in accordance with             recipient country under Article I of the Agreement .
Article 8 , the goods shall be at the disposal of the
Community .                                                                                 Article 8
Whatever the circumstances, the goods shall be held at            The recipient country shall name for the Community
the expense, risk and peril of the recipient country .            the vessel that is to ship the goods at least 10 clear days
                                                                  prior to the estimated date of arrival of the vessel in
                           Article 7                              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 fail to provide a vessel of          date the vessel will be ready for loading.
suitable tonnage or if the quantity made available for
loading on a vessel of suitable tonnage cannot be put             The recipient country shall insert in the charter party a
on board in its entirety because of circumstances beyond          clause requiring the captain to inform the Community at
the control of the Community, the balance shall be loaded          least 72 hours in advance of the vessel 's estimated date
onto the next vessel under the conditions laid down in
                                                                   of arrival in port.
this Annex .
                                                                                             Article 9
In this event, until the date of loading of the balance
or until the recipient country gives notice in writing that
 it gives up the balance, the goods shall be held at the           To implement the provisions of this Annex, the Com­
 expense, risk and peril of the recipient country .                munity shall appoint an authorized agent, whose name
                                                                   and address it shall make known in good time to the
 The recipient country must notify the Community within            recipient country .
 a maximum period of 30 clear days from the beginning
 of loading of the shipment to which the goods should              The recipient country shall nominate a receiving agent
 have belonged, of the date on which loading of the                in each port of shipment, whose name and address it
 balance is due to begin or of its renunciation of the             shall make known to the Community before the Agree­
 balance .                                                         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
               t.»f common wheat flour as food aid, which the Council decided to conclude on
                17 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 Datani , Ambassador, Head of the Jordanian Mission to the European Communities
                on behalf of the Jordanian Government.