CELEX: 21974A1031(01)
Language: en
Date: 1974-10-02 00:00:00
Title: Agreement between the European Economic Community and the Republic of Cyprus on the supply of common wheat as food aid

No L 293 /2                          Official Journal of the European Communities                           31 . 10 . 74
                                                     AGREEMENT
             between the European Economic Community and the Republic of Cyprus on the
                                          supply of common wheat as food aid
             THE COUNCIL OF THE EUROPEAN COMMUNITIES,
             of the one part,
             THE GOVERNMENT OF THE REPUBLIC OF CYPRUS,
             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 REPUBLIC OF CYPRUS :
             WHO HAVE AGREED AS FOLLOWS :
                         Article I                                                    Article IV
As part of its food-aid programme ( cereals) for                The country of destination undertakes to use the
1973/74, the European Economic Community,                       product received as aid for purposes of consumption
hereinafter referred to as the 'Community', shall               and to apply, for the sale of the product on its
supply the Republic of Cyprus, hereinafter referred             market, the prices normally charged on that market
to as the 'country of destination', by way of gift,             for products of comparable quality.
with 5 000 metric tons of common wheat.
                                                                The proceeds from this sale shall be paid into a
                         Article II                             special account at the central bank of that country
                                                                and allocated to the financing of one or more
Deliveries will be made in bulk fob in accordance               development     schemes   in   accordance  with      the
with the detailed rules set out in the Annex which is           procedure to be agreed between the recipient country
an integral part of this Agreement.                             and the Community.
                         Article III                                                   Article V
The country of destination undertakes to make all               The Contracting Parties undertake to implement this
necessary arrangements for the transport and                    Agreement in such a way as to avoid any prejudice
insurance of the product from point of delivery to              to the normal structure of domestic production and
places of destination.                                          international trade. To this end they shall take any
                                                                measures required to ensure that aid supplies are in
It undertakes to exercise the greatest possible care to         addition to, and do not replace, commercial
ensure that the tendering arrangements for the                  transactions which might reasonably be expected in
transport by sea shall not be prejudicial to the free           the absence of such supplies. In particular, the
play of fair competition. Any problems arising in               country of destination undertakes to import
this connection shall be the subject of consultations           commercially from whatever source between 1 July
under Article VIII .                                            1974 and 30 June 1975 a minimum quantity of
 ---pagebreak--- 31 . 10. 74                          Official Journal of the European Communities                             No L 293 /3
33 400 metric tons of common wheat, or its                     2. every three months until the quantities received
equivalent in flour of common wheat.                                as aid have been fully used : quantities sold, how
                                                                    they have been sold, selling prices ; normal selling
                                                                    costs on the market of the country of destination ;
                         Article VI                                insurance costs and, where appropriate, transport
                                                                   costs from the port of discharge to the places of
The country of destination shall take all appropriate              destination;
measures to prevent :
                                                               3 . on 15 January every year until the special
— the re-export of the product received as aid and                 account has been fully used :
     of products resulting from such supplies ;
                                                                   ( a) state of this account (deposits and
— the export, commercially or otherwise, within six                      withdrawals) on 31 December of the
     months of the last delivery, either of local                        preceding year;
     produce of the same nature as that received as
     aid or of any products resulting from it.                      (b) progress achieved in the project or projects,
                                                                         with an indication of the total amount of
                                                                         financing carried out at that stage.
                         Article VII
The country of destination undertakes to inform the                                    Article VIU
Community of the mode of implementation of this
Agreement. To this end it shall provide the                    At the request of either of them, the Contracting
Commission of the European Communities with the                Parties shall consult each other on any questions
following information :                                        concerning the implementation of this Agreement.
1 . immediately after the discharge of each cargo :
     port and date of arrival of vessel ; nature,                                       Article IX
     quantity and any observations as to the quality
     of the product discharged ; date on which                 This Agreement shall be drawn up in duplicate in
     discharge was completed ; . costs of sea transport        the Danish, Dutch, English, French, German and
     and of insurance relating thereto ;                       Italian languages, each of these texts being authentic.
                                                          ANNEX
                                                  DELIVERY PROCEDURES
                        CHAPTER I                                                        Article 3
                    General provisions                         For the purpose of implementing the provisions of this
                                                               Annex the Community shall appoint — if necessary for
                          Article 1                            each consignment — an agent whose name and address it
                                                               shall make known to the country of destination
Delivery shall be effected and all risk shall pass from the    immediately following his appointment. For each port of
Community to the country of destination at the moment          shipment the country of destination shall appoint an
at which the goods are put down £t the point of                agent whose name and address it shall make known to
exportation named by the Commission of the European            the Community with all dispatch and if possible before
Communities at the berth specified by the country of           the appointment of the agent of the Community.
destination or its agent referred to in Article 3 and under
the terms specified in this Annex. Without prejudice to
Articles 8 and 9 the Community shall bear all costs prior
to delivery and the country of destination those after
delivery.                                                                                Article 4
                          Article 2                            Before implementing the procedure for appointing the
                                                               agent of the Community referred to in Article 3, the
On delivery of the goods, a tolerance of 5 °/o less than       Commission of the European Communities and the
the quantity to be supplied in accordance with Article I       country of destination shall establish by joint agreement
of the Agreement is permitted.                                 the period during which delivery must begin.
 ---pagebreak--- No L 293 /4                          Official Journal of the European Communities                                 31 . 10. 74
                         CHAPTER II                                                        Article 8
               Obligations of the Community                     Where the country of destination is unable to begin
                                                               loading on the date provided for in the first paragraph of
                           Article 5                           Article 7, the agent of the country of destination shall
                                                               inform the agent of the Community without delay.
Where the Community is not in a position to carry out
delivery on the date, and, if applicable, according to the     In this event the agents of the Community and of the
schedule laid down in Article 7, all costs arising for the      country of destination may agree on a new date for the
country of destination — for example, demurrage, void           commencement of delivery and, if applicable, a new
freight and dead freight — shall be borne by the               schedule. The costs arising from the delay in loading
Community.                                                      shall in all cases except force majeure be borne by the
                                                                country of destination.
The charges and the arrangements relating to demurrage
laid down in the contract concluded between the country         Should the new date provided for in the second
of destination and the carrier must have previously been        paragraph be more than 30 clear days after the date for
agreed by the country of destination and the agent of the       loading provided for in the first paragraph of Article 7,
Community.                                                      the Community may dispose of the goods without
                                                                prejudice to its commitment under Article I of this
The other costs referred to in the first paragraph shall be     Agreement.
 refunded by the Community only if they have been paid
by the country of destination with the approval of the
Community.
                                                                                           Article 9
                           Article 6                             Where the quantity made available for loading on a
                                                                vessel cannot be loaded on board in its entirety, the
Where it is impossible for the Community to supply all          country of destination shall inform the Community as
or part of the goods on the date and within the time            soon as possible, and no later than 15 clear days after
limits provided for in Article 7, the agents of the              loading has been completed, whether it intends to accept
Community and of the country of destination may,                or to renounce the balance.
without 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 former case the second and third paragraphs of
undelivered part thereof.                                       Article 8 shall apply to the balance, if delivery has not
                                                                yet taken place.
                         CHAPTER III                             In the latter case the Community may consider that it has
                                                                 discharged its commitment to the country of destination
                                                                 under Article I of this Agreement and shall bear the costs
          Obligations of the country of destination              resulting from renunciation.
                           Article 7
                                                                 In any event, after an interval of 15 clear days and in the
After contacting the Community, the country of                   absence of any notice on the part of the country of
                                                                 destination, renunciation shall be deemed to have taken
 destination shall procure, to transport all the quantities      place.
 provided for in Article I of the Agreement, one or more
 vessels of dimensions corresponding to the normal
 capacity of the port of shipment; these vessels must be
 ready for loading on a date falling within the period
 referred to in Article 4.                                                                 Article 10
 The agent of the country of destination shall inform the        Upon delivery of the goods, the country of destination
 Community of this date and of the date for                      shall hand over to the authorized agent of the
 commencement of delivery as soon as he knows them, if           Community a certificate of acceptance which shall set
 possible 20 clear days in advance and in any case 10            out the port of shipment, date of acceptance and the
 clear days before the date for commencement of delivery.        nature and quantity of the goods accepted, together with
                                                                 any comments on the quality of the goods. A copy of the
 He shall establish with the agent of the Community the          certificate shall be sent to the Commission of the
 schedule according to which delivery shall take place.          European Communities.