CELEX: 21975A0715(02)
Language: en
Date: 1975-07-10 00:00:00
Title: Agreement between the European Economic Community and the Hashemite Kingdom of Jordan on the supply of common wheat flour as food aid

No L 242/ 26                     Official Journal of the European Communities                        16 . 9 . 75
                                                          II
                                     (Acts whose publication is not obligatory)
                                                COUNCIL
                                             COUNCIL DECISION
                                                  of 10 July 1975
            on the conclusion of the Agreement between the European Economic Commu­
            nity and the Hashemite Kingdom of Jordan on the supply of common wheat
                                                 flour as food aid
                                                    (75/ 552/ 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 concluded the 1971 food-aid conven­
            tion ;
            Whereas the Hashemite Kingdom of Jordan has requested food aid ;
            Whereas in view of the cereal supply situation in that country the latter should be
             accorded , under the Community food-aid programme for 1974/75, and by way of gift,
             10 000 metric tons of common wheat in the form of 6 623 metric tons of common wheat
             flour,
             HAS DECIDED AS FOLLOWS :
                                                       Article 1
             The Agreement between the European Economic Community and the Hashemite
             Kingdom of Jordan on the supply of common wheat flour as food aid is hereby
             concluded on behalf of the Community.
             The text of the Agreement is annexed to this Decision .
                                                       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 Community .
             Done at Brussels, 10 July 1975 .
                                                                        For the Council
                                                                         The President
                                                                          E. COLOMBO
 ---documentbreak--- 16 . 9 . 75                         Official Journal of the European Communities                             No L 242/27
                                                    AGREEMENT
              between the European Economic Community and the Hashemite Kingdom of
                           Jordan on the supply of common wheat flour as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE GOVERNMENT OF THE HASHEMITE KINGDOM OF JORDAN,
              of the other part,
              HAVE DECIDED to conclude this Agreement, and to this end have designated as their Plenipotenti­
              aries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE GOVERNMENT OF THE HASHEMITE KINGDOM OF JORDAN :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                                                    Article IV
As part of its food-aid programme (cereals) for
1974/ 75, 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 Hashemite Kingdom of Jordan , hereinafter          and to distribute it free of charge to people in need .
referred to as the 'country of destination ', by way of
gift, with 10 000 metric tons of common wheat in the
form of 6 623 metric tons of common wheat flour.
                                                                                      Article V
                        Article II
                                                              The Contracting Parties undertake to implement this
                                                              Agreement in such a way as to avoid any prejudice to
Deliveries will be made fob in new cotton sacks with
                                                              the normal structure of domestic production and inter­
a net weight of 50 kg each in accordance with the             national trade . To this end they shall take any
detailed rules set out in the Annex which forms an
                                                              measures required to ensure that aid supplies are in
integral part of this Agreement .                             addition to, and do not replace, commercial transac­
                                                              tions which might reasonably be expected in the
                        Article III
                                                              absence of such supplies . In particular, the country of
                                                              destination undertakes to import commercially from
                                                              whatever source between 1 July 1974 and 30 June
The country of destination undertakes to make all             1975 a minimum quantity of 19 100 metric tons of
necessary arrangements for the transport and insur­           common wheat or its equivalent in common wheat
ance of the product from point of delivery to places of       flour .
destination .
It undertakes to exercise the greatest possible care to
ensure that the tendering arrangements for the trans­                                 Article VI
port by sea shall not be prejudicial to the free play of
fair competition . Any problems arising in this connec­
tion shall be the subject of consultations under Article      The country of destination shall take all appropriate
VIII .                                                        measures to prevent :
 ---pagebreak--- No L 242/ 28                        Official Journal of the European Communities                           16 . 9 . 75
— the re-export of the product received as aid and of             the quality ; date on which discharge was
     products resulting from such supplies,                       completed ;
— the export, commercially or otherwise, within six           2. every three months until the quantities received as
     months of the last delivery, either of local produce         aid have been fully used : quantities distributed ;
     of the same nature as that received as aid or of any         number and nature of the beneficiaries ; places,
     products resulting from it.                                  rate and methods of distribution .
                       Article VII                                                  Article VIII
The country of destination undertakes to inform the            At the request of either of them , the Contracting
Community of the mode of implementation of this                Parties shall consult each other on any questions
Agreement. To this end it shall provide the Commis­            concerning the implementation of this Agreement.
sion of the European Communities with the following
information :                                                                        Article IX
1 . immediately after the discharge of each cargo : port       This Agreement shall be drawn up in duplicate in
    and date of arrival of vessel ; nature and quantity of     Danish , Dutch , English , French, German and Italian ,
    the product discharged and any observations as to          each of these texts being authentic .
 ---pagebreak--- 16 . 9 . 75                             Official Journal of the European Communities                                 No L 242 / 29
                                                                ANNEX
                                       DELIVERY AND ACCEPTANCE PROCEDURES
                          CHAPTER I                                 nation and the carrier must have previously been agreed by
                                                                    the country of destination and the agent of the Community .
                      General provisions                            The other costs referred to in the first paragraph shall be
                                                                    refunded by the Community only if they have been paid by
                            Article 1                               the country of destination with the approval of the Commu­
                                                                    nity .
Delivery shall be effected and all risk shall pass from the
Community to the country of destination at the moment at                                         Art iclc 6
which the goods are put down at the point of exportation
named by the Commission of the European Communities at
                                                                    Where it is impossible for the Community to supply all or
the berth specified by the country of destination or its agent
                                                                    part of the goods on the date and within the time limits
referred to in Article 3 and under the terms specified in this
                                                                    provided for in Article 7, the agents of the Community and
Annex . Without prejudice to Articles 8 and 9 the Commu­
                                                                    of the country of destination may, without prejudice to
nity shall bear all costs prior to delivery and the country of
                                                                    Article 5, agree on a new date and a new time limit for the
destination all costs after delivery .
                                                                    delivery of all the goods or of the undelivered part thereof.
                            Article 2
                                                                                              CHAPTER III
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 .
                                                                            Obligations of the country of destination
                            Article 3
                                                                                                 Article 7
For the purpose of implementing the provisions of this
Annex the Community shall appoint — if necessary for each           After contacting the Community, the country of destination
consignment — an agent whose name and address it shall              shall procure, to transport all the quantities provided for in
make known to the country of destination immediately                Article I of the Agreement, one or more vessels of dimen­
following his appointment. For each port of shipment the            sions corresponding to the normal capacity of the port of
country of destination shall appoint an agent whose name            shipment ; these vessels must be ready for loading on a date
and address it shall make known to the Community with all           falling within the period referred to in Article 4 .
despatch and if possible before the appointment of the agent
of the Community .                                                  The agent of the country of destination shall inform the
                                                                    Community of this date and of the date for commencement
                                                                    of delivery as soon as he knows them , if possible 20 clear
                            Article 4                               days in advance and in any case 10 clear days before the date
                                                                    for commencement of delivery .
Before implementing the procedure for appointing the agent
of the Community referred to in Article 3 , the Commission          He shall establish with the agent of the Community the sche­
of the European Communities and the country of destination          dule according to which delivery shall take place .
shall establish by joint agreement the period during which
delivery must begin .
                                                                                                 Article 8
                         CHAPTER II
                                                                    Where the country of destination is unable to begin loading
                                                                    on the date provided for in the first paragraph of Article 7,
                                                                    the agent of the country of destination shall inform the agent
              Obligations of the Community                          of the Community without delay .
                                                                    In this event the agents of the Community and of the
                            Article 5                               country of destination may agree on a new date for the
                                                                    commencement of delivery and , if applicable, a new sche­
Where the Community is not in a position,, to carry out             dule . Save in cases of force majeure the costs arising from the
delivery on the date , and if applicable , according to the sche­   delay in loading shall be borne by the country of destination .
dule laid down in Article 7, all costs arising for the country
of destination — for example , demurrage , void freight and         Should the new date provided for in the second paragraph be
dead freight — shall be borne by the Community .                    more than 30 clear days after the date for loading provided
                                                                    for in the first paragraph of Article 7, the Community may
The charges and the arrangements relating to demurrage laid         dispose of the goods without prejudice to its commitment
down in the contract concluded between the country of desti­        under Article I of this Agreement .
 ---pagebreak--- No L 242/ 30                          Official Journal of the European Communities                                    16 . 9 . 75
                          Article 9                             In any event, after an interval of 15 clear days and in the
                                                                absence of any notice on the part of the country of destina­
Where the quantity intended for loading on a vessel cannot      tion , renunciation shall be deemed to have taken place .
be loaded on board in its entirety, the country of destination
shall inform the Community as soon as possible, and no
later than 15 clear days after loading has been completed ,
whether it intends to accept or to renounce the balance .                                  Article 10
In the former case the second and third paragraphs of Article
H shall apply to the balance, if delivery has not yet taken      Upon delivery of the goods, the country of destination shall
place .                                                          hand over to the authorized agent of the Community a certifi­
                                                                 cate of acceptance which shall set out the port of shipment,
In the latter case the Community may consider that it has        date of acceptance and the nature and quantity of the goods
discharged its commitment to the country of destination          accepted, together with any comments on the quality of the
under Article I of this Agreement and shall bear the costs      goods . A copy of the certificate shall be sent to the Commis­
resulting from renunciation .                                    sion of the European Communities .
               Information on the signing of the Agreement betweefi the European Economic
                 Community and the Hashemite Kingdom of Jordan on the supply of food aid
               The Agreement between the European Economic Community and the Hashemite
               Kingdom of Jordan on the supply of common wheat flour as food aid, which the Council
               decided to conclude on 10 July 1975, was signed in Brussels on 15 July 1975, on behalf
               of the Council of the European Communities by :
               Mr Giorgio Bombassei Frascani de Vettor, Ambassador of Italy, Chairman of the Perma­
               nent Representatives Committee, and Mr Hans-Broder Krohn , Director-General of the
               Directorate-General for Development and Cooperation of the Commission of the Euro­
               pean Communities,
               and on behalf of the Government of the Hashemite Kingdom of Jordan by : Mr
               Nijmeddin Dajani , Ambassador Extraordinary and Plenipotentiary, Head of Mission of the
               Hashemite Kingdom of Jordan to the European Communities .
 ---documentbreak--- NA ---documentbreak--- No L 242/ 30                          Official Journal of the European Communities                                    16 . 9 . 75
                          Article 9                             In any event, after an interval of 15 clear days and in the
                                                                absence of any notice on the part of the country of destina­
Where the quantity intended for loading on a vessel cannot      tion , renunciation shall be deemed to have taken place .
be loaded on board in its entirety, the country of destination
shall inform the Community as soon as possible, and no
later than 15 clear days after loading has been completed ,
whether it intends to accept or to renounce the balance .                                  Article 10
In the former case the second and third paragraphs of Article
H shall apply to the balance, if delivery has not yet taken      Upon delivery of the goods, the country of destination shall
place .                                                          hand over to the authorized agent of the Community a certifi­
                                                                 cate of acceptance which shall set out the port of shipment,
In the latter case the Community may consider that it has        date of acceptance and the nature and quantity of the goods
discharged its commitment to the country of destination          accepted, together with any comments on the quality of the
under Article I of this Agreement and shall bear the costs      goods . A copy of the certificate shall be sent to the Commis­
resulting from renunciation .                                    sion of the European Communities .
               Information on the signing of the Agreement betweefi the European Economic
                 Community and the Hashemite Kingdom of Jordan on the supply of food aid
               The Agreement between the European Economic Community and the Hashemite
               Kingdom of Jordan on the supply of common wheat flour as food aid, which the Council
               decided to conclude on 10 July 1975, was signed in Brussels on 15 July 1975, on behalf
               of the Council of the European Communities by :
               Mr Giorgio Bombassei Frascani de Vettor, Ambassador of Italy, Chairman of the Perma­
               nent Representatives Committee, and Mr Hans-Broder Krohn , Director-General of the
               Directorate-General for Development and Cooperation of the Commission of the Euro­
               pean Communities,
               and on behalf of the Government of the Hashemite Kingdom of Jordan by : Mr
               Nijmeddin Dajani , Ambassador Extraordinary and Plenipotentiary, Head of Mission of the
               Hashemite Kingdom of Jordan to the European Communities .