CELEX: 
Language: en
Date: 1974-05-06 00:00:00
Title: Council Decision of 21 March 1974 on the conclusion of the Agreement between the European Economic Community and the Arab Republic of Syria on the supply of flour of common wheat as food aid #Agreement between the European Economic Community and the Arab Republic of Syria on the supply of flour of common wheat as food aid

6. 5 . 74                       Official Journal of the European Communities                          No L 123 / 1
                                                         II
                                    (Acts whose publication is not obligatory)
                                                COUNCIL
                                             COUNCIL DECISION
                                                of 21 March 1974
              on the conclusion of the Agreement between the European Economic Commu­
              nity and the Arab Republic of Syria on the supply of flour of common wheat as
                                                      food aid
                                                   (74/21 6/ EEC)
THE COUNCIL OF THE EUROPEAN                                   HAS DECIDED AS FOLLOWS :
COMMUNITIES,
                                                                                    Article 1
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 113 ,          The Agreement between the European Economic
1 14 and 228 thereof ;                                        Community and the Arab Republic of Syria on the
                                                              supply of flour of common wheat as food aid, the text
Having regard to the recommendation from the                  whereof is annexed hereto, is hereby concluded on
Commission ;
                                                              behalf of the Community.
Whereas the European Economic Community has
deposited a Declaration of provisional application of                               Article 2
the 1971 Food Aid Convention ; whereas that Conven­
tion has been applicable since 1 July 1971 ;                  The President of the Council is hereby authorized to
Whereas by its letters of 30 November 1971 and 20
                                                              designate the persons empowered to sign the Agree­
                                                              ment and to confer on them the necessary powers to
September 1972 the Arab Republic of Syria has                 bind the Community.
requested food aid ;
Whereas in view of the cereal supply situation in Syria
that country should be accorded , by way of gift,             Done at Brussels , 21 March 1974 .
22 000 metric tons of common wheat, in the form of
14 570 metric tons of flour of common wheat,
whereof 1 5 000 metric tons should be accorded under                                     For the Council
the Community Food Aid Programme (cereals) for                                            The President
1971 / 72, and 7 000 metric tons under the 1972/ 73
programme ,                                                                                  J. ERTL
 ---documentbreak--- No L 123 /2                         Official Journal of the European Communities                            6 . 5 . 74
                                                    AGREEMENT
             between the European Economic Community and the Arab Republic of Syria on the
                                    supply of flour of common wheat as food aid
             THE COUNCIL OF THE EUROPEAN COMMUNITIES,
             of the one part, and
             THE GOVERNMENT OF THE ARAB REPUBLIC OF SYRIA,
             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 ARAB REPUBLIC OF SYRIA :
             WHO HAVE AGREED AS FOLLOWS :
                         Article 1                                                    Article IV
The European Economic Community, hereinafter                    The recipient country undertakes to make all neces­
referred to as the 'Community' shall supply the                 sary arrangements for the transport and insurance
Arab Republic of Syria, hereinafter referred to as              of the product from ports of shipment to places of
the 'recipient country', by way of gift, with 22 000            destination .
metric tons of common wheat, whereof 15 000
metric tons shall be supplied as a part of its Food             It undertakes to exercise the greatest possible care
Aid Programme ( cereals ) for 1971 /72, and 7 000               to ensure that the tendering arrangements for the
metric tons under the 1972/73 programme.                        transport by sea are not prejudicial to the free play
                                                                of fair competition . Any problems arising in this
                                                                connection shall be the subject of consultations
                                                                under Article IX .
                         Article II
                                                                                       Article V
 Deliveries will be made fob to Community ports, in
 new cotton bags each having a net weight of 50 kg.             The recipient country undertakes to use the product
                                                                received as aid for purposes of consumption and to
                                                                apply, for the sale of the product on its market, the
                                                                prices normally charged on that market for
                        Article III                             products of comparable quality.
 The obligations and responsibilities of the Commu­             The proceeds from this sale, less the costs of sea
 nity and of the recipient country relating in parti­           transport, of insurance and the normal cost of
 cular to delivery and the taking of delivery are               selling the product on the recipient country 's
 defined in the Annex , which forms an integral part             market, shall be paid into a special account at the
 of this Agreement.                                             central bank of the said country and allocated to
 ---pagebreak--- 6 . 5 . 74                           Official Journal of the European Communities                            No L 123/3
the financing of one or more development schemes                                       Article VIII
proposed by the recipient country and approved by              The recipient     country undertakes to inform the
the Community.                                                 Community of      the mode of implementation of this
                                                               Agreement. To     this end it shall provide the Commis­
                                                               sion of the        European Communities with the
                          Article VI                           following information :
                                                               1 . not later than 30 days after the unloading of
The Contracting Parties undertake to implement                     each cargo : port and date of arrival of the
this Agreement in such a way as to avoid any preju­                vessel ; nature, quantity and quality of the
dice and international trade. To this end shall take               products unloaded ; date on which unloading
any measures required to ensure that aid supplies                  was completed ;
are in addition to, and do not replace, commercial             2. every three months until the quantities received
transactions which might reasonably be expected                    as aid have been fully used : quantities sold, how
in the absance of such supplies . In particular, the               they have been sold, selling prices ; normal
recipient country undertakes to import commer­                     selling costs on the recipient country's market ;
cially from whatever source between 1 July 1973
 and 30 June 1974 a minimum quantity of 160 000                3 . on 15 January every year until the special
 metric tons of common wheat or its equivalent in                  account has been fully used :
 flour of common wheat.                                            ( a) state of this account (deposits and with­
                                                                        drawals) on 31 December of the preceding
                                                                        year ;
                         Article VII                               ( b) progress achieved in the project or projects,
                                                                        with an indication of the total amount of
                                                                        financing carried out at that stage.
 The recipient country shall take all appropriate
measures to prevent :                                                                   Article IX
— the re-export of the product received as aid and             At the request of either of them, the Contracting
     of products and by-products resulting from such           Parties shall consult each other on any questions
     supplies ;                                                concerning the implementation of this Agreement.
— the export, commercially or otherwise, within                                         Article X
     six months of the last delivery, ' either of
     common wheat obtained locally, of the same                This Agreement shall be drawn up in duplicate in
     nature as that used to produce the flour received         the Danish, Dutch, English, French, German and
      as aid, or' of any products or by-products               Italian languages, each of these texts being
      derived therefrom .                                      authentic .
 ---pagebreak--- No L 123/4                            Official Journal of the European Communities                                    6 . 5 . 74
                                                           ANNEX
                                     Provisions laid down in Article III of the Agreement
                           Article 1                               date on which the vessel should be ready for loading in
                                                                   accordance with Article 8, the goods shall be at the
Delivery shall be effected and all risk shall pass from the        disposal of the Community.
Community to the recipient country at the moment at
which the goods have been placed in the ship's hold at             Whatever the circumstances, the goods shall be held at
the port of shipment.                                              the expense, risk and peril of the recipient country.
The recipient country shall bear all costs subsequent to
                                                                                              Article 7
delivery of the goods, including costs of stowage and,
where appropriate, of trimming and bagging.                        Should the recipient country fail to provide a vessel of
Any demurrage or despatch money at the port of ship­               suitable tonnage or if the quantity made available for
ment shall be a charge on or for the benefit of the                loading on a vessel of suitable tonnage cannot be put on
Community and shall be determined before the vessel                board in its entirety because of circumstances beyond the
sails. The rates and detailed arrangements relating                control of the Community, the balance shall be loaded
                                                                   onto the next vessel under the conditions laid down in
thereto laid down in the contract between the country of
                                                                   this Annex.
destination and the carrier must have been agreed upon
in advance by the agent of the recipient country and the           In this event, until the date of loading of the balance or
authorized agent of the Community referred to in                   until the recipient country gives notice in writing that it
Article 9 .
                                                                   gives up the balance, the goods shall be held at the
                                                                   expense, risk and peril of the recipient country.
                           Article 2
                                                                   The recipient country must notify the Community within
The Community shall notify the recipient country in                a maximum period of 30 clear days from the beginning
good time of the port or ports of shipment, the quanti­            of loading of the shipment to which the goods should
ties to be delivered at each port, the period withirt which        have belonged, of the date on which loading of the
loading must begin, and the daily loading rate.                    balance is due to begin or of its renunciation of the
                                                                   balance.
                           Article 3
                                                                    If this obligation is not respected, the Community may
The Community must be prepared to load the goods on                consider that it has discharged its commitment to the
the date resulting from the instructions in Article 8,             recipient country under Article I of the Agreement.
whereon the vessel should be ready for loading.
                                                                                               Article 8
                           Article 4
                                                                 * The recipient country shall name for the Community the
On delivery of the goods, a tolerance of 5 °/o less than            vessel that is to ship the goods at least 10 clear days
the quantity to be supplied . in accordance with Article I          prior to the estimated date of arrival of the vessel in
of the Agreement is permitted.                                     port or where possible 20 clear days prior to this date ;
                                                                   it shall at the same time indicate how soon after that
                           Article 5                                date the vessel will be ready for loading.
 Once the goods are on board the vessel, the Community              The recipient country shall insert in the charter party a
 shall notify the recipient country of the date of loading,         clause requiring the captain to inform the Community at
 together with the quantity and quality of the goods as             least 72 hours in advance of the vessel 's estimated date
 recorded on loading.                                               of arrival in port.
                           Article 6                                                           Article 9
 The recipient country shall supply the Community ,                 To implement the provisions of this Annex, the Commu­
 within the period referred to in Article 2, with a vessel          nity shall appoint an authorized agent, whose name and
 of dimensions corresponding to the normal loading                  address it shall make known in good time to the recip­
 potential of the port of shipment.                                 ient country .
 Should it prove impossible for the vessel to begin                 The recipient country shall nominate a receiving agent in
 loading within the period referred to in Article 2 and            each port of shipment, whose name and address it shall
 should the recipient country not have notified the                 make known to the Community before the Agreement is
 Community of this fact in writing at the latest by the             implemented .
 ---documentbreak--- NA ---documentbreak--- 6 . 5 . 74                     Official Journal of the European Communities                  No L 123/5
           Information on the signing of the Agreement on the supply of food aid between the
                       European Economic Community and the Arab Republic of Syria
           The Agreement between the European Economic Community and Syria on the supply
           of common wheat as food aid, which the Council decided to conclude on 21 March
           1974, was signed in Brussels on 25 March 1974 on behalf of the Council of the
           European Communities by :
           Mr Ulrich Lebsanft, Ambassador Extraordinary and Plenipotentiary, Charman of the
           Permanent Representatives Committee, and
           Mr Hans-Broder Krohn, Director-General of Development and Cooperation in the
           Commission of the European Communities, and on behalf of the Government of
           Syria by :
           Dr Adib Daoudy, Ambassador Extraordinary and Plenipotentiary, Head of the
           Mission of the Arab Republic of Syria to the EEC.