CELEX: 
Language: en
Date: 1973-12-13 00:00:00
Title: Council Decision of 9 November 1973 concluding the Agreement between the European Economic Community and the Eastern Republic of Uruguay on the supply of common wheat as food aid #Agreement between the European Economic Community and the Eastern Republic of Uruguay concerning the supply of common wheat as food aid

No L 343 /30                       Official Journal of the European Communities                   13 . 12 . 73
                                                COUNCIL DECISION
                                                 of 9 November 1973
             concluding the Agreement between the European Economic Community and the Eastern
                       Republic of Uruguay on the supply of common wheat as food aid
                                                     (73/384/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 provisio­
             nal application of the 1971 Food Aid Convention ; whereas that Convention has been
             applicable since 1 July 1971 ;
             Whereas by its letter of 7 December 1972, the Eastern Republic of Uruguay reque­
             sted food aid;
             Whereas in view of the cereal supply situation in Uruguay that country should be ac­
             corded, by way of gift, 10 000 metric tons of common wheat under the Community
             Food Aid Programme for 1972/73 ,
             HAS DECIDED AS FOLLOWS :
                                                        Article 1
             The Agreement between the European Economic Community and the Eastern Republic
             of Uruguay for the supply of common wheat as food aid, the text of which is annexed
             hereto, 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 Com­
             munity.
             Done at Brussels, 9 November 1973 .
                                                                           For the Council
                                                                            The President
                                                                          Per HAEKKERUP
 ---documentbreak--- 13 . 12 . 73                          Official Journal of the European Communities                        No L 343 /31
                                                      AGREEMENT
               between the European Economic Community and the Eastern Republic of Uruguay
                                   concerning the supply of common wheat as food aid
               THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
               of the one part,
               THE GOVERNMENT OF THE EASTERN REPUBLIC OF URUGUAY,
               of the other part,
               HAVE DECIDED to conlcude this Agreement and to this end have designated as their
               Plenipotentiaries :
               THE COUNCIL OF THE EUROPEAN COMMUNITIES :
               THE GOVERNMENT OF THE EASTERN REPUBLIC OF URUGUAY :
               WHO HAVE AGREED AS FOLLOWS :
                          Article I                                                   Article IV
                                                                The recipient country undertakes to make all neces­
 As part of its Food Aid Programme ( Cereals ) for              sary arrangements for the transport and insurance '
 1972/ 1973 , the European Economic Community, her­             the product from ports of shipment to places of de­
 einafter referred to as the 'Community', shall supply          stination .
 the Eastern Republic of Uruguay, hereinafter referred
to as the 'recipient country', with 10 000 metric tons
 of common wheat.                                               It undertakes to exercise the greatest possible care to
                                                                ensure that the tendering arrangements for the trans­
                                                                port by sea are not prejudicial to the free play of
                                                                fair competition . Any problems arising in this con­
                          Article II                            nection shall be the subject of consultations under
                                                                Article IX .
 Deliveries will be made in bulk fob at Community
ports .                                                                                Article V
                                                                The recipient country undertakes to use the product
                         Article III                            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 products
The obligations and responsibilities of the Com­                of comparable quality.
munity and of the recipient country relating in parti­
cular to delivery and the taking of delivery respecti­          The proceeds from this sale, less the cost of sea
vely are defined in the Annex, which forms an inte­             transport, insurance and the normal cost of selling
gral part of this Agreement.                                    the product on the recipient country's market, shall
 ---pagebreak--- No L 343 /32                           Official Journal of the European Communities                                    13 . 12. 73
be paid into a special account at the Central Bank of                   ment. To this end it shall provide the Commission
that country and allocated to the financing of one                      of the European Communities with the following in­
or more development schemes which shall have been                       formation :
proposed by the recipient country and approved by
the Community.                                                          1 . not later than 30 days after the unloading of each
                                                                            cargo : port and date of arrival of the vessel ; na­
                                                                            ture, quantity and quality of the products unload­
                          Article VI                                        ed ; date on which unloading was completed ;
The Contracting Parties undertake to implement this                    2 . every three months until the quantities received
Agreement in such a way as to avoid any prejudice                           as aid have been fully used : quantities sold, how
to the normal structure of domestic production and                          they have sold, selling prices ; normal selling costs
international trade . To this end they shall take any                       on the recipient country's market ;
measures required to ensure that aid supplies are in
addition to, and do not replace, commercial trans­                     3 . on 15 January every year until the special account
actions which might reasonably be expected in the                           has been fully used :
absence of such supplies .
                                                                            ( a ) state of this account (lodgments and with­
                                                                                  drawals) on 31 December of the. preceding
                         Article VII                                              year ;
                                                                            (b ) progress achieved in the project or projects,
The recipient country shall take all appropriate                                  with an indication of total amount of fin­
measures to prevent :                                                             ancing carried out at that stage.
— the re-export of the product received as aid and
    of products and by-products resulting from such
    supplies ;                                                                                   Article IX
— the export, commercially or otherwise, during a
    period of four months of the last delivery, either                 At the request of either of them, the Contracting Par­
    of the product obtained locally and of the same                    ties shall consult each other on any question concer­
    nature as the product received as aid or of any                    ning the implementation of this Agreement.
    products or by-products resulting from it.
                                                                                                 Article X
                         Article VIII
                                                                       This Agreement shall be drawn up in duplicate in the
The recipient country undertakes to inform the Com­                    Danish, Dutch, English, French, German, Italian and
munity of the mode of implementation of this Agree­                    Spanish languages, each of these texts being 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 arrange­
               ments 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 authori­
               zed agent of the Community referred to in Article 9.
 ---pagebreak--- 13 . 12 . 73                          Official Journal of the European Communities                                     No L 343 /33
                                                              Article 2
             The Community shall notify the country of destination in good time of the port or ports of ship­
             ment, the quantities to be delivered at each port, the period within which loading must begin , and
             the daily loading rate .
                                                              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 % 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 notifiy 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 belonged ,
             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 commit­
             ment 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.
 ---pagebreak--- No L 343 /34                        Official Journal of the European Communities                              13 . 12 . 73
                                                         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 implemented . .
             Information concerning the signing of the Agreement between the European Economic
                   Community and the Eastern Republic of Uruguay on the supply of food aid
             The Agreement between the European Economic Community and the Eastern Republic
             of Uruguay on the supply of common wheat food aid, which the Council decided to
             conclude on 9 November 1973 , was signed in Brussels on 12 November 1973
             on behalf of the Council of the European Communities, by Mr Niels Ersb0ll, Ambassa­
             dor Extraordinary and Plenipotentiary, Chairman of the Permanent Representatives
             Committee and by Mr Hans-Broder Krohn, Director-General for Development and
             Cooperation of the Commission of the European Communities ;
             on behalf of the Government of the Eastern Republic of Uruguay by Mr Federico
             Griinwaldt-Ramasso, Ambassador, Head of that country's Mission to the European
             Community.
 ---documentbreak--- NA ---documentbreak--- No L 343 /34                        Official Journal of the European Communities                              13 . 12 . 73
                                                         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 implemented . .
             Information concerning the signing of the Agreement between the European Economic
                   Community and the Eastern Republic of Uruguay on the supply of food aid
             The Agreement between the European Economic Community and the Eastern Republic
             of Uruguay on the supply of common wheat food aid, which the Council decided to
             conclude on 9 November 1973 , was signed in Brussels on 12 November 1973
             on behalf of the Council of the European Communities, by Mr Niels Ersb0ll, Ambassa­
             dor Extraordinary and Plenipotentiary, Chairman of the Permanent Representatives
             Committee and by Mr Hans-Broder Krohn, Director-General for Development and
             Cooperation of the Commission of the European Communities ;
             on behalf of the Government of the Eastern Republic of Uruguay by Mr Federico
             Griinwaldt-Ramasso, Ambassador, Head of that country's Mission to the European
             Community.