CELEX: 21975A0324(01)
Language: en
Date: 1974-11-07 00:00:00
Title: Agreement between the European Economic Community and the Republic of Bolivia on the supply of common wheat as food aid

No L 75 /2                          Official Journal of the European Communities                           24. 3 . 75
                                                     AGREEMENT
              between the European Economic Community and the Republic of Bolivia 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 BOLIVIA,
              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 BOLIVIA :
              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 Bolivia, hereinafter referred to as the            The country of destination undertakes to use the
'country of destination', by way of gift, with 5 000           product received as aid for purposes of consumption
metric tons of common wheat.                                   and to apply, for the sale of the product on its
                                                               market, the prices normally charged on that market
                         Article II                            for products of comparable quality.
Deliveries will be made in bulk fob in accordance              The proceeds from this sale shall be paid into a
with the detailed rules set out in the Annex which             special account at the central bank of that country
forms an integral part of this Agreement.                      and allocated to the financing of one or more
                                                               development schemes in accordance with the
                         Article 111                           procedure to be agreed between the recipient country
                                                               and the Community.
The country of destination undertakes to make all
necessary arrangements for the transport and                                          Article V
insurance of the product from point of delivery to
places of destination.                                         The Contracting Parties undertake to implement this
                                                               Agreement in such a way as to avoid any prejudice
It undertakes to exercise the greatest possible care to        to the normal structure of domestic production and
ensure that the tendering arrangements for the                 international trade. To this end they shall take any
transport by sea shall not be prejudicial to the free          measures required to ensure that aid supplies are in
play of fair competition. Any problems arising in              addition to, and do not replace, commercial
 ---pagebreak--- 24. 3 . 75                             Official Journal of the European Communities                              No L 75 /3
transactions which might reasonably be expected in                    discharge was completed; costs of sea transport
the absence of such supplies. In particular, the                       and of insurance relating thereto ;
country of destination undertakes to import
commercially from whatever source between                        2. every three months until the quantities received
 1 January 1974 and 31 December 1974 a minimum                         as aid have been fully used : quantities sold, how
quantity of 130 000 metric tons of common wheat,                       they have been sold, selling prices ; normal selling
or its equivalent in flour of common wheat.                            costs on the market of the country of destination;
                                                                       insurance costs and, where appropriate, transport
                                                                       costs from the port of discharge to the places of
                           Article VI                                  destination ;
The country of destination shall take all appropriate            3 . on 15 January every year until the special
measures to prevent :                                                  account has been fully used :
— the re-export of the product received as aid and                     ( a) state of this account (deposits and
     of products and by-products resulting from such                        withdrawals) on 31 December of the
     supplies ;                                                             preceding year ;
— the export, commercially or otherwise, within six                    (b) progress achieved in the project or projects,
     months of the last delivery, either of local                           with an indication of the total amount of
     produce of the same nature as that received as                         financing carried out at that stage.
     aid or of any products or by-products resulting
     from it.
                                                                                           Article VIII
                          Article VII
                                                                  At the request of either of them, the Contracting
The country of destination undertakes to inform the               Parties shall consult each other on any questions
Community of the mode of implementation of this                   concerning the implementation of this Agreement.
 Agreement. To this end it shall provide the
 Commission of the European Communities with the
 following information :                                                                     Article IX
 1 . immediately after the discharge of each cargo :              This Agreement shall be drawn up in duplicate in
     port and date of arrival of vessel ; nature, and             the Danish, Dutch, English, French, German, Italian
      quantity of the product discharged and any                  and Spanish languages, each of these texts being
      observations as to the quality; date on which               authentic.
                                                            ANNEX
                                                   DELIVERY 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
                                                                   of the Agreement is permitted.
                            Article 1
                                                                                              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
  Communities at the berth specified by the country of             it 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 the 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 after       the Community with all dispatch and if possible before
  delivery.                                                        the appointment of the agent of the Community.
 ---pagebreak--- No L 75 /4                            Official Journal of the European Communities                                 24. 3 . 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           Where the quantity intended for loading on a vessel
 Community.                                                      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
 Where it is impossible for the Community to supply all          renounce the balance.
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
                            Article 7                            place.
 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.