CELEX: 
Language: en
Date: 1975-07-24 00:00:00
Title: Council Decision of 14 April 1975 on the conclusion of the Agreement between the European Economic Community and the Republic of Turkey on the supply of common wheat as food aid #Agreement between the European Economic Community and the Republic of Turkey on the supply of common wheat as food aid

24. 7. 75                          Official Journal of the European Communities                       No L 192/ 1
                                                          II
                                     (Acts whose publication is not obligatory)
                                                 COUNCIL
                                               COUNCIL DECISION
                                                  of 14 April 1975
               on the conclusion of the Agreement between the European Economic Community and
                        the Republic of Turkey on the supply of common wheat as food aid
                                                    (75/430/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               The Agreement between the European Economic
Articles 113 , 114 and 228 thereof;                          Community and the Republic of Turkey on the
                                                             supply of common wheat as food aid is hereby
                                                             concluded on behalf of the Community.
Having regard to the recommendation from the                 The text of the Agreement is annexed to this
Commission ;                                                 Decision .
Whereas the European Economic Community has                                        Article 2
concluded the 1971 Food Aid Convention ;
                                                             The President of the Council is hereby authorized to
                                                             designate the persons empowered to sign the
                                                             Agreement and to confer on them the necessary
Whereas by its letter of 12 December 1973 , the              powers to bind the Community.
Republic of Turkey has requested food aid ;
                                                             Done at Luxembourg, 14 April 1975 .
Whereas in view of the cereal supply situation in
that country the latter should be accorded, under the                                  For the Council
Community food-aid programme for 1973 /74, and                                          The President
by way of gift, a quantity of 5 000 metric tons of
common wheat,                                                                          G. FITZGERALD
 ---documentbreak--- No L 192/2                           Official Journal of the European Communities                          24. 7. 75
                                                      AGREEMENT
              between the European Economic Community and the Republic of Turkey 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 TURKEY,
              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 TURKEY:
              WHO HAVE AGREED AS FOLLOWS :
                          Article I                            this connection shall be the subject of consultations
                                                               under Article VIII .
As part of its food-aid programme ( cereals) for 1973/
74, the European Economic Community, hereinafter                                     Article IV
referred to as the ' Community', shall supply the
Republic of Turkey, hereinafter referred to as the
'country of destination', by way of gift, with 5 000           The country of destination undertakes to use the
metric tons of common wheat.                                   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
                         Article II                            by the 'Agricultural Products Office' (Toprak
                                                               Mahsulleri Offici) for products of comparable
                                                               quality.
Deliveries will be made in bulk fob in accordance
with the detailed rules set out in the Annex which             The proceeds from this sale minus the costs of
forms an integral part of this Agreement.                      transport by sea and the normal selling costs on the
                                                               market of the country of destination shall be paid
                                                               into a special account at the central bank of that
                         Article III                           country and allocated to the financing of one or
                                                               more development schemes in accordance with the
The country of destination undertakes to make all              procedure to be agreed between the recipient country
necessary arrangements for the transport and                   and the Community.
insurance of the product from point of delivery to
places of destination.
                                                                                      Article V
It undertakes to exercise the greatest possible care to
ensure that the tendering arrangements for the                 The Contracting Parties undertake to implement this
transport by sea shall not be prejudicial to the free          Agreement in such a way as to avoid any prejudice
play of fair competition. Any problems arising in              to the normal structure of domestic production and
 ---pagebreak--- 24. 7. 75                            Official Journal of the European Communities                             No L 192/3
international trade. To this end they shall take any            1 . immediately after the discharge of each cargo:
measures required to ensure that aid supplies are in                port and date of arrival of vessel ; nature and
addition to, and do not replace, commercial                         quantity of the product discharged and any
transactions which might reasonably be expected in                  observations as to the quality; date on which
the absence of such supplies. In particular, the                    discharge was completed; costs of sea transport
country of destination undertakes to import                         and of insurance relating thereto;
commercially from whatever source between 1 July
1974 and 30 June 1975 a minimum quantity of                     2. every three months until the quantities received
50 600    metric    tons   of   common     wheat     or  an         as aid have been fully used: quantities sold, how
equivalent quantity of common wheat flour.                          they have been sold, selling prices; normal
                                                                    selling costs on the market of the country of
                                                                    destination;     insurance      costs   and,    where
                                                                    appropriate, transport costs from the port of
                         Article VI                                 discharge to the places of destination;
                                                               3 . on 15 January every year until the special
The country of destination shall take all appropriate                account has been fully used :
measures to prevent:
                                                                    ( a) state   of    this    account    (deposits   and
                                                                         withdrawals) on        31    December    of   the
— the re-export of the product received as aid and                       preceding year,
    of products and by-products resulting from such
    supplies ;                                                      ( b) progress achieved in the project or projects,
                                                                         with an indication of the total amount of
— the export, commercially or otherwise, within six                      financing carried out at that stage.
    months of the last delivery, either of local
    produce of the same nature as that received as
    aid or of any products or by-products resulting                                     Article VIII
    from it.
                                                                At the request of either of them, the Contracting
                                                                Parties shall consult each other on any questions
                                                                concerning the implementation of this Agreement.
                         Article VII
                                                                                         Article IX
The country of destination 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                     the Danish, Dutch, English, French, German, Italian
Commission of the European Communities with the                 and Turkish languages, each of these texts being
following information :                                         authentic .
                                                           ANNEX
                                      DELIVERY AND ACCEPTANCE PROCEDURES
                        CHAPTER I                                                         Article 2
                     General provisions                         On delivery of the goods, a tolerance of 5 °/o less than
                                                                the quantity to be supplied in accordance with Article I
                          Article 1                             of the Agreement is permitted.
                                                                                          Article 3
Delivery shall be effected and all risk shall pass from the
Community to the country of destination at the moment           For the purpose of implementing the provisions of this
at which the goods are put down at the point of                 Annex the Community shall appoint — if necessary for
exportation named by the Commission of the European             each consignment — an agent whose name and address it
Communities at the berth specified by the country of            shall make known to the country of destination
destination or its agent referred to in Article 3 and under     immediately following his appointment. For each port of
the terms specified in this Annex. "Without prejudice to        shipment the country of destination shall appoint an
Articles 8 and 9 tjie Community shall bear all costs prior      agent whose name and address it shall make known to
to delivery and the country of destination all costs atter      the Community with all dispatch and if possible before
delivery.                                                       the appointment of the agent of the Community.
 ---pagebreak--- No L 192/4                          Official Journal of the European Communities                                24. 7 . 75
                          Article 4                           commencement of delivery as soon as he knows them, if
                                                              possible 20 clear days in advance and in any case 10
Before implementing the procedure for appointing the          clear days before the date for commencement of delivery.
agent of the Community referred to in Article 3 , the
Commission of the European Communities and the                He shall establish with the agent of the Community the
country of destination shall establish by joint agreement     schedule according to which delivery shall take place.
the period during which delivery must begin.
                                                                                         Article 8
                        CHAPTER II
                                                              Where the country of destination is unable to begin
               Obligations of the Community                   loading on the date provided for in the first paragraph of
                                                              Article 7, the agent of the country of destination shall
                                                              inform the agent of the Community without delay.
                          Article 5
                                                              In this event the agents of the Community and of the
Where the Community is not in a position to carry out         country of destination may agree on a new date for the
delivery on the date, and if applicable, according to the     commencement of delivery and, if applicable, a new
schedule laid down in Article 7, all costs arising for the    schedule. Save in cases of force majeure the costs arising
country of destination — for example, demurrage, void         from the delay in loading shall be borne by the country
                                                              of destination .
freight and dead freight — shall be borne by the
Community.
                                                              Should the new date provided for in the second
The charges and the arrangements relating to demurrage        paragraph be more than 30 clear days after the date for
laid down in the contract concluded between the country       loading provided for in the first paragraph of Article 7,
of destination and the carrier must have previously been      the Community may dispose of the goods without
agreed by the country of destination and the agent of the     prejudice to its commitment under Article I of this
Community.                                                    Agreement.
The other costs referred to in the first paragraph shall be
                                                                                         Article 9
refunded by the Community only if they have been paid
by the country of destination with the approval of the
Community.                                                    Where the quantity intended for loading on a vessel
                                                              cannot be loaded on board in its entirety, the country of
                                                              destination shall inform the Community as soon as
                          Article 6                           possible, and no later than 15 clear days after loading
                                                              has been completed, whether it intends to accept or to
                                                              renounce the balance .
Where it is impossible for the Community to supply all
or part of the goods on the date and within the time
limits provided for in Article 7, the agents of the           In the former case the second and third paragraphs of
Community and of the country of destination may,              Article 8 shall apply to the balance, if delivery has not
without prejudice to Article 5, agree on a new date and a     yet taken place.
new time limit for the delivery of all the goods or of the
undelivered part thereof.                                     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
                        CHAPTER III                           resulting from renunciation.
         Obligations of the country of destination            In any event, after an interval of 15 clear days and in the
                                                              absence of any notice on the part of the country of
                                                              destination, renunciation shall be deemed to have taken
                                                              place.
                          Article 7
After contacting the Community, the country of                                          Article 10
destination shall procure, to transport all the quantities
provided for in Article I of the Agreement, one or more       Upon delivery of the goods, the country of destination
vessels of dimensions corresponding to the normal             shall hand over to the authorized agent of the
capacity of the port of shipment; these vessels must be       Community a certificate of acceptance which shall set
ready for loading on a date falling within the period         out the port of shipment, date of acceptance and the
referred to in Article 4.                                     nature and quantity of the goods accepted, together with
                                                              any comments on the quality of the goods. A copy of the
The agent of the country of destination shall inform the      certificate  shall  be  sent  to   the Commission   of   the
Community of this date and of the date for                    European Communities.
 ---documentbreak--- NA ---documentbreak--- 24. 7. 75                     Official Journal of the European Communities                       No L 192/5
          Information concerning the signing of the Agreement between the European Economic
                    Community and the Republic of Turkey on the supply of food aid
          The Agreement between the European Economic Community and the Republic of
          Turkey on the supply of common wheat as food aid, which the Council decided to
          conclude on 14 April 1975 , was signed in Brussels on 17 April 1975 , on behalf of the
          Council of the European Communities by :
          Mr Brendan Dillon, Ambassador Extraordinary and Plenipotentiary, Chairman of the
          Permanent Representatives Committee, and
          Mr Hans-Broder Krohn, Director-General of the Directorate-General for Development
          and Cooperation of the Commission of the European Communities,
          and on behalf of the Republic of Turkey by :
          Mr Tevfik Saraçoglu, Ambassador Extraordinary and Plenipotentiary, Permanent
          Delegate of the Republic of Turkey to the European Economic Community.