CELEX: 21973A1206(01)
Language: en
Date: 1973-10-15 00:00:00
Title: Agreement between the European Economic Community and the Tunisian Republic concerning the supply of common wheat as food aid

No L 336/ 2                       Official Journal of the European Communities                             6 . 12 . 73
                                                     AGREEMENT
                        between the European Economic Community and the Tunisian Republic
                                   concerning the supply of common wheat as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
              of the one part,
              THE GOVERNMENT OF THE TUNISIAN 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 TUNISIAN REPUBLIC :
              WHO HAVE DECIDED AS FOLLOWS :
                         Article 1                             It undertakes to exercise the greatest possible care to
                                                               ensure that the tendering arrangements for the trans­
As part of its Food Aid Programme ( Cereals) for               port by sea are not prejudicial to the free play of fair
1971 /72, the European Economic Community, herein­             competition . Any problems arising in this connection
after referred to as the 'Community', shall supply the         shall be the subject of consultations under Article IX .
Tunisian Republic, hereinafter referred to as the
'recipient country', with 25 000 metric tons of com­
mon wheat.                                                                            Article V
                                                               The recipient country undertakes to use the product
                         Article 11
                                                               received as aid for purposes of consumption and to
Deliveries will be made in bulk fob at Community               apply, for the sale of the product on its market, the
                                                               prices normally charged on that market for products
ports .
                                                               of comparable quality.
                        Article 111                            The proceeds from this sale, less the cost of sea
                                                               transport, insurance and the normal cost of selling
The obligations and responsibilities of the Com­               the product on the recipient country's market, shall
munity and of the recipient country relating in par­           be paid into a special account at the Central Bank
ticular to dellivery and the taking of delivery respec­        of that country and allocated to the financing of one
tively are defined in the Annex, which forms an                or more development schemes which shall have been
integral part of this Agreement.                               proposed by the recipient country and approved by
                                                               the Community.
                        Article IV
                                                                                     Article VI
The recipient country undertakes to make all neces­
 sary arrangements for the transport and insurance            The Contracting Parties undertake to implement this
of the product from ports of shipment to places of             Agreement in such a way as to avoid any prejudice
destination .                                                 to the normal structure of domestic production and
 ---pagebreak--- 6 . 12. 73                            Official Journal of the European Communities                                No L 336/3
international trade. To this end they shall take any               1 . not later than 30 days after the unloading of each
measures required to ensure that aid supplies are in                   cargo : port and date of arrival of the vessel ;
addition to, and do not replace, commercial trans­                     nature, quantity and quality of the products
actions which might reasonably be expected in the                      unloaded ; date on which unloading was com­
absence of such supplies. In particular, the recipient                 pleted ;
country undertakes to import commercially from
whatever source between 1 July 1973 and 30 June                    2. every three months until the quantities received
1974 a minimUm quantity of 85 000 metric tons of                        as aid have ' been fully used : quantities sold, how
cereals .                                                              they have been sold, sdlling prices ; normal selling
                                                                       costs on the recipient country's market ;
                          Article Vll                              3 . on 15 January every year until the special account
                                                                       has been fully used :
The recipient country shall take all appropriate                       ( a) state of this account ( lodgments and with­
measures to prevent :
                                                                            drawals) on 31 December of ithe preceding
— the re-export of the product received as aid and                          year ;
    of products and by-products resulting from such                    ( b) progress achieved in the project or projects,
    supplies ;                                                              with an indication of the total amount of
— the export, commercially or otherwise, within                              financing carried out at that stage.
    6 months of the last delivery, either of the pro­
     duct obtained locally and of the same nature as                                        Article IX
    the product received as aid or of any products
    or by-products resulting from it.                              At the request of either of them, the Contracting
                                                                   Parties shall consult each other on any question
                         Article VIII                              concerning the implementation of this Agreement.
The recipient country undertakes to inform the                                               Article X
Community of the mode of implementation of this
Agreement. To this end it shall provide the Commis­                This Agreement shall be drawn up in duplicate in the
sion of the European Communities with the following                Danish, Dutch, English, French, German and Italian
information :                                                      languages, each of these texts being equailly authentic.
                                                           ANNEX
                                      Provisions laid down in Article III of the Agreement
                                                           Article 1
               Delivery shall be effected and all risk shall pass from the Community to the country of
               destination at the moment at which the goods have been placed in the ship's hold at the
               port of shipment.
               The country of destination shall bear all costs subsequent to delivery of the goods, including
               costs of stowage and, where appropriate, of trimming and bagging.
               Any demurrage or dispatch money at the port of shipment shall be a charge on or for the
               benefit of the Community and shall be determined before the vessel sails. The rates and
               detailed " arrangements relating thereto laid down in the contract between the Country
               of destination and the carrier must have been agreed upon in advance by the agent of the
               country of destination and the authorized agent of the Community referred to in Article 9.
                                                           Article 2
               The Community shall notify the country of destination in good time of the port or ports of
               shipment, the quantities to be delivered at each port, the period within which loading
               must begin, and the daily loading rate.
 ---pagebreak--- No L 336/4                          Official Journal of the European Communities                          6. 12 . 73
                                                            Article 3
             The Community must be prepared to load the goods on the date resulting from the provisions
             of Article 8, whereon the vessel should be ready for loading.
                                                           Article 4
            On delivery of the goods, a tolerance of 5 °/o less than the quantity to be supplied in
            accordance with Article I of the Agreement is permitted.
                                                           Article 5
            Once the goods are on board the vessel, the Community shall notify the country of destination
            of the date of loading, together with the quantity and quality of the goods as recorded
            on loading.
                                                            Article 6
            The country of destination shall supply the Community, within the period referred to in
            Article 2, with a vessel of dimensions corresponding to the normal loading potential of the
            port of shipment.
            Should it prove impossible for the vessel to begin loading within the period referred to in
            Article 2 and should the country of destination not have notified the 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 disposal of the Community.
            Whatever the circumstances, the goods shall be held at the expense, risk and peril of the
           country of destination .
                                                           Article 7
           Should the country of destination fail to provide a vessel of suitable tonnage or if the
           quantity made available for loading on a vessel of suitable tonnage cannot be loaded in its
           entirety because of circumstances beyond the control of the Community, the balance shall
           be loaded onto the next vessel under the conditions laid down in this Annex.
          In this event, until the date of loading of this balance or until the country of destination
          gives notice in writing that it gives up this balance, the goods shall be held at the expense,
            risk and peril of the country of destination .
           The country of destination must notify the Community within a maximum period of 30 clear
           days from the beginning of loading of the shipment to which these goods should have be­
            longed, of the date on which loading of this balance is due to begin or of its renunciation
           of this balance .
            If this obligation is not respected, the Community may consider that it has discharged its
           commitment to the country of destination under Article I of the Agreement.
                                                           Article 8
          The country of destination shall name for the Community the vessel that is to ship the
          goods at least 10 clear days prior to the estimated date of arrival of the vessel in port or,
           where possible, 20 clear days prior to this date, and shall at the same time indicate how
           soon after that date the vessel will be ready for loading.
          The country of destination shall insert in the charter party a clause requiring the captain
          to inform the Community at least 72 hours in advance of the vessel's estimated date of arrival
          in port.
                                                          Article 9
          To implement the provisions of this Annex, the Community shall appoint an authorized
          agent, whose name and address it shall make known in good time to the country of destination.
          The country of destination shall nominate a receiving agent in each port of shipment, whose
          name and address it shall make known to the Community before the Agreement is imple­
          mented .