CELEX: 21974A1221(01)
Language: en
Date: 1974-11-07 00:00:00
Title: Agreement between the European Economic Community and the Republic of the Philippines on the supply of flour of common wheat as food aid

No L 343 /2                         Official Journal of the European Communities                          21 . 12 . 74
                                                      AGREEMENT
              between the European Economic Community and the Republic of the Philippines on the
                                     supply of flour of common wheat as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES :
              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 THE PHILIPPINES :
              WHO HAVE AGREED AS FOLLOWS :
                          Article I                                                   Article IV
As part of its food-aid programme (cereals) for
 1973/74, the European Economic Community,                      The country of destination undertakes to use the
hereinafter referred to as the 'Community', shall               product received as aid for purposes of consumption
supply the Republic of the Philippines hereinafter              and to apply, for the sale of the product on its
referred to as the 'country of destination',                   market, the prices normally charged on that market
by way of gift, with 5 000 metric tons of common               for products of comparable quality.
wheat, in the form of 3 311 metric tons of flour of
common wheat.
                                                               The proceeds from this sale shall be paid into a
                                                               special account at the central bank of that country
                         Article 11                            and allocated to the financing of one or more
                                                               development schemes in accordance with the
Deliveries will be made fob in new cotton sacks each           procedure to be agreed between the recipient country
having a net weight of 50 kg in accordance with the            and the Community.
detailed rules set out in the Annex which is an
integral part of this Agreement.
                                                                                      Article V
                         Article 111
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--- 21 . 12 . 74                          Official Journal of the European Communities                              No L 343 /3
615 500 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 with­
— the export, commercially or otherwise, within six                        drawals) on 31 December of the preceding
     months of the last delivery, either of local produce                  year ;
     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 VIII
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 und
     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 at 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% 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 343 /4                          Official Journal of the European Communities                               21 . 12. 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          loading provided for in the first paragraph of Article 7,
the 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       Agreement.
be 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
Where it is impossible for the. Community to supply all        vessel cannot be loaded on board in its entirety, the
or part of the goods on the date and within the time           country of destination shall inform the Community as
limits provided for in Article 7, the agents of the            soon as possible, and no later than 15 clear days after
Community and of the country of destination may,               loading has been completed, whether it intends to accept
 without prejudice to Article 5, agree on a new date and a     or to renounce the balance.
new time limit for the delivery of all the goods or of the
undelivered part thereof.                                      In the former case the second and third paragraphs of
                                                               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
          Obligations of the country of destination             destination under Article I of this Agreement and shall
                                                                bear the costs 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 shall procure, to transport all the quantities     destination, renunciation shall be deemed to have taken
 provided for in Article I of the Agreement, one or more        place.
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
Community of this date and of the date for                      Upon delivery of the goods, the country of destination
commencement of delivery as soon as he knows them,             shall hand over to the authorized agent of the
if possible 20 clear days in advance and in any case           Community a certificate of acceptance which shall set
 10 clear days before the date for commencement of             out the port of shipment, date of acceptance and the
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.