CELEX: 21973A1210(02)
Language: en
Date: 1973-12-10 00:00:00
Title: Agreement between the European Economic Community and the Republic of Indonesia on the supply of common wheat as food aid

No L 23 /60                         Official Journal of the European Communities                         28 . 1 . 74
                                                     AGREEMENT
              between the European Economic Community and the Republic of Indonesia 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 INDONESIA,
              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 INDONESIA :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                            of the product from ports of shipment to places of
                                                              destination .
The European Economic Community, hereinafter re­
ferred to as the 'Community', shall supply the Re­
public of Indonesia, hereinafter referred to as the
                                                              It undertakes to exercise the greatest possible care
'recipient country', with 24 000 metric tons of               to ensure that the tendering arrangements for the
common wheat, whereof 17 000 metric tons shall be             transport by sea are not prejudicial to the free play
                                                              of fair competition. Any problems arising in this
supplied as a part of its Food Aid Programme
                                                              connection shall be the subject of consultations
( Cereals) for 1971 /72, and 7 000 metric tons under           under Article IX .
the 1972/73 programme.
                         Article II
                                                                                     Article V
Deliveries will be made in bulk fob to Community
ports .                                                       The recipient country undertakes to use the product
                                                              received as aid for purposes of consumption and to
                        Article III                           apply, for the sale of the product on its market, the
The obligations and responsibilities of the Commu­            prices normally charged on that market for
nity and of the recipient country reflating in parti­         products of comparable quality.
cular to delivery and the taking of delivery are
defined in the Annex, which forms an integral part            The proceeds from this sale, less the cost of sea
of this Agreement.                                            transport and insurance and the normal cost of
                                                              selling the product on the recipient country's
                        Article IV                            market, shall be paid into a special account at the
                                                              Central Bank of that country until the entire quan­
The recipient country undertakes to make all neces­           tity of the aid received shall have been sold. The
sary arrangements for the transport and insurance             proceeds from this sale shall then be transferred to
 ---pagebreak---    28 . 1 . 74                         Official Journal of the European Communities                                   No L 23 / 61
   the Development Budget of the recipient country for                 1 . not later than 30 days after the unloading of
   the financing of development schemes .                                   each cargo : port and date of arrival of the
                                                                           vessel ; nature, quantity and quality of the
                          Article VI
                                                                            product unloaded ; date on which unloading
                                                                            was completed ;
  The Contracting Parties undertake to implement
  this Agreement in such a way as to avoid any preju­                 2. every three      months until the quantities received
  dice to the normal structure of domestic production                       as aid have   been fully used : quantities sold, how
  and international trade. To this end they shall take                      they have     been sold, selling prices ; normal
  any measures required to ensure that aid supplies                         selling costs on the recipient country's market ;
  are in addition to, and do not replace, commercial
  transactions which might reasonably be expected
  in the absence of such supplies .                                   3 . As from the transfer of the proceeds of the sale
                                                                           to the Development Budget of the recipient
                         Article VII
                                                                           country, the progress and degree of completion
                                                                           of the development project or projects under­
                                                                           taken with the aid of the Member States and
  The recipient country shall take all appropriate                         appearing on the 1972/73 list of projects
  measures to prevent :
                                                                           furnished by the recipient country. The cost of
 — the re-export of the product received as aid                            such project or projects shall be approximately
       and of products and by-products resulting from                      the same as the proceeds of sale of the quantities
                                                                           received as aid .
       such supplies ;
 — the export, commercially or otherwise, within
       six months of the last delivery, either of the                                           Article IX
       product obtained locally and of the same nature
       as the product received as aid or of any                      At the request of either of them, the Contracting
      products or by-products resulting from it.                     Parties shall consult each other on any questions
                                                                     concerning the implementation of this Agreement.
                        Article VIII
 The recipient country undertakes to inform the                                                 Article X
 Community how this Agreement is being imple­
mented. To this end it shall provide the Commis­                     This Agreement is drawn up in duplicate in the
sion of the European Communities with the                            Danish, Dutch, English, French, German and Italian
 following information :                                             languages , each of these texts being authentic.
                                                            ANNEX
                                       Provisions laid down in Article III of the Agreement
                          Article 1                                  Community and shall be determined before the vessel
                                                                     sails. The rates anid detailed arrangements relating
Delivery stall he effected and all .risk shall pass from the        thereto laid down in the contract between the country oif
Community to the country of destination at the moment               destination and the carrier must have been agreed upon
at which the goods have been placed in the ship's hold              in advance by the agent of the country of destination
at the port of shipment.                                            and the authorized agent of the Community referred to
The country of destination shall bear all costs                     in Article 9 .
subsequent to delivery of the goods, including costs of
stowage amd, where appropriate, of trimming and
                                                                                                 Article 2
bagging.
Any demurrage or dispatch money at the port of ship­                The Community shall notify the country of destination
ment shall be a charge on or for tthe benefit of the                in good time of the port or ports of shipment, the quanti­
 ---pagebreak--- No L 23 /62                           Official Journal of the European Communities                                28 . 1 . 74
ties to be delivered at each port, the period within which      control of the Community, the balance shall be loaded
loading must begin, and the daily loading rate.                 onto the next vessel under the conditions laid down in
                                                                this Annex .
                           Article 3
                                                                In this event, until the date of loading of this balance
The Community shall be prepared to load the goods on            or until the country of destination gives notice in writing
the date resulting from the instructions in Article 8,          that it gives up this balance, the goods /shall be held at
whereon the vessel shall be ready for loading.                  the expense, risk and peril of the country of destination.
                                                                The country of destination must notify the Community
                           Article 4
                                                                within a maximum period of 30 clear idays from the date
                                                                upon which loading of these goods should have begun,
On delivery of the goods a tolerance of 5 % less than           of the date on which loading of this balance is due to
the quantity to be supplied in accordance with Article I         begin or of its renunciation of this balance .
 of the Agreement is permitted.
                                                                If this obligation is not respected, the Community may
                            Article 5                            consider that it has discharged its commitment to the
                                                                 country of destination under Article I of the Agreement.
 Once the goods are on board the vessel , the Community
 shall notify the country of destination of the date of
 loading, together with the quantity and quality of the
                                                                                             Article 8
 goods as recorded on loading.
                            Article 6                            The country of destination shall name for the Commu­
                                                                 nity the vessel that is to ship the goods at least 10 clear
                                                                 days prior to the estimated date of arrival of the vessel
 The country of destination shall' supply the Community,         in port or, where possible, 20 clear days prior to this
 within the period referred to in Article 2, with a vessel       date, and shall at the same time indicate how soon after
 of dimensions corresponding to the normal loading               that date the vessel will1 be ready for loading.
 potential of the port of shipment.
 Should it prove impossible for the vessel to begin loading      The country of destination shall insert in the charter
 within the period referred to in Article 2 and should the       party a clause requiring the captain to inform the
 country of destination not have notified the Community           Community at least 72 hours in advance of the vessel's
  of this fact in writing at the latest by the date on which     estimated date of arrival in port.
 the vessel1 should have been ready for loading in accor­
 dance with Article 8 , the goods shall be at the disposal
  of the Community.
                                                                                             Article 9
  Whatever the circumstances, the goods shall be held at
  the expense, risk and peril of the country of destination .     To implement this Annex, the Community shall appoint
                                                                  an authorized agent, whose name and address it shall
                            Article 7
                                                                  make known in gootd time to the country of destination .
  Should the country of destination fail to provide a vessel      The country of destination shall nominate a receiving
  of suitable tonnage or if the quantity maide available for      agent in each port of shipment, whose name and address
  loading on a vessel of suitable tonnage cannot be put on        it shall make known to the Comimunity before the Agree­
  board in its entirety because of circumstances beyond the       ment is implemented .