CELEX: 
Language: en
Date: 1973-12-24 00:00:00
Title: Council Decision of 24 July 1973 on the conclusion of the Agreement between the European Economic Community and the Lebanese Republic on the supply of common wheat as food aid #Agreement between the European Economic Community and the Lebanese Republic concerning the supply of common wheat as food aid

No L 355/ 14                       Official Journal of the European Communities                         24. 12. 73
                                                COUNCIL DECISION
                                                    of 24 July 1973
             on the conclusion of the Agreement between the European Economic Community and
                        the Lebanese Republic on the supply of common wheat as food aid
                                                     (73/410/EEC)
             THE COUNCIL OF THEJiUROPEAN^COMMUNITIES ,
             Having regard to the Treaty establishing the European Economic Community, and in
             particular Articles 113 , 114 and 228 thereof;
             Having regard to the proposal from the Commission ;
             Whereas the European Economic Community has deposited a Declaration for provi­
             sional application of the 1971 Food Aid Convention ; whereais that Convention has been
             applicable since 1 July 1971 ;
             Whereas the Lebanese Republic, by its letter of 13 October 1971 , has requested food add ;
             Whereas in view of the cereail supply situation in the Lebanon that country should be
             accorded, by way of gift, 10 000 metric tons of common wheat under the Community
             Food Aid Programme for 1971/72,
             HAS DECIDED AS FOLLOWS :
                                                        Article 1
             On behalf of the European Economic Community the Agreement, the text whereof is
             annexed hereto, is hereby concluded between the European Economic Community and
             the Lebanese Republic for the supply of common wheat as food aid.
                                                        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, 24 July 1973 .
                                                                               For the Council
                                                                                 The President
                                                                                I. N0RGAARD
 ---documentbreak--- 24. 12. 73                          Official Journal of the European Communities                          No L 355/ 15
                                                    AGREEMENT
              between the European Economic Community and the Lebanese Republic concerning
                                      the supply of common wheat as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
              on the one part,
              THE GOVERNMENT OF THE LEBANESE REPUBLIC ,
              on 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 LEBANESE REPUBLIC :
              WHO HAVE DECIDED AS FOLLOWS :
                        Article 1                              the product from ports of shipment to places of
                                                               destination .
As a part of its Food Aid Programme ( Cereals ) for
1971 /72, the European Economic Community, here­               It undertakes to exercise the greatest possible cart
inafter referred to as the ' Community', shall supply          to ensure that the tendering arrangements for the
the Lebanese Republic, hereinafter referred to as the          transport by sea are not prejudicial to the free play
'recipient country', with 10 000 metric tons of com­           of fair competition. Any problems arising in this
mon wheat.
                                                               connection shall be the subject of consultations under
                                                               Article IX of the present Agreement.
                        Article II
Deliveries will be made in bulk fob to Community                                      Article V
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
                                                               prices normally charged on that market for products
The obligations and responsibilities of the Com­               of comparable quality.
munity and of the recipient country relating to de­
livery and the taking of delivery respectively are
defined in the Annex, which forms an integral part             The proceeds from this sale, less the cost of sea trans­
of this Agreement.                                             port, insurance of such transport and the normal
                                                               cost of selling the product on the recipient country's
                                                               market, will be paid into a special account at the
                        Article IV                             Central Bank of that country and allocated to the
                                                               financing of one or more development schemes which
The recipient country undertakes to make all neces­            shall have been proposed by the recipient country
sary arrangements for the transport and insurance of           and approved bv the Community.
 ---pagebreak--- No L 355/ 16                            Official Journal of the European Communities                                  24. 12 . 73
                          Article VI                                European Communities with the following infor­
                                                                    mation :
The Contracting Parties undertake to implement this
Agreement in such a way as to avoid any prejudice                   1 . not later than thirty days after the unloading of
to the normal structure of domestic production and                      each cargo : ports and dates of arrival of the
international trade. To this end they shall take any                    vessel ; nature, quantity and quality of the pro­
measures required to ensure that aid supplies are in                    ducts unloaded ; date on which unloading was
addition to, and do not replace, commercial trans­                      completed ;
actions which might reasonably be expected in the                   2. every three months until the quantities received
absence of such supplies. In particular, the recipient                  as aid have been fully used : quantities sold, how
country undertakes to import commercially from                          they have been sold, selling prices ; normal selling
whatever source between 1 July 1972 and 30 June                         costs on the recipient country's market;
1973 a minimum quantity of 230 000 metric tons of
common wheat or its equivalent in flour of common                   3 . on 15 January every year until the special account
wheat :                                                                 has been fully used :
                                                                        ( a) state of this account (lodgments and with­
                          Article VII                                        drawals) on 31 December of the preceding
                                                                             year ;
The recipient country shall take all appropriate mea­                   (b ) progress achieved in the project or projects,
sures to prevent :                                                           with an indication of the total amount of
— the re-export of the product received as aid and                           financing carried out at that stage.
    of products and by-products resulting from such
    supplies ;
                                                                                              Article IX
— the export, commercially or otherwise, within six
    months of the last delivery, either of the product
    obtained locally and of the same nature as the                  At the request of either of them, the Contracting
    product received as aid or of any products of by­               Parties shall consult each other on any questions
    products resulting from it.                                     concerning the implementation of this Agreement.
                          Article VIII                                                        Article X
The recipient country undertakes to inform the Com­                 This Agreement shall be drawn up in duplicate in the
munity how this Agreement is being implemented.                     Danish, Dutch, English, French, German and Italian
To this end it shall provide the Commission of the                  languages, each of these texts being equally authentic.
                                                            ANNEX
                      Conditions applicable to the handing -over of the common wheat at the ports of shipment
To ensure the smooth operation of the Agreement and in               Community and shall be determined before the vessel sails .
particular to Article III thereof, the Contracting Parties          The rates and detailed arrangements relating thereto laid
have agreed as follows :                                            down in the contract between the recipient country and the
                                                                    carrier must have been agreed upon in advance by the
                                                                    recipient country and the authorized agent of the Commu­
                            Article 1
                                                                    nity referred to in Article 9 .
Delivery shall be effected and risks shall pass from the
Community to the recipient country at the moment at
which the goods have been placed in the ship's hold at the
port of shipment.                                                                              Article 2
The recipient country shall bear all costs subsequent to
delivery of the goods , including costs of stowage and, where
appropriate, of trimming and bagging.                               The Community shall notify the recipient country in good
                                                                    time of the port or ports of shipment, the quantities to be
Any demurrage costs or dispatch money at the port of                delivered at each port, the period within which loading must
shipment shall be a charge on or for the benefit of the             begin , and the daily loading rate.
 ---pagebreak--- 24 . 12 . 73                              Official Journal of the European Communities                                No L 355 / 17
                           Article 3                                 In that event, until the date of loading of such balance
                                                                     or until the recipient country gives notice in writing of
The Community must be prepared to load the goods on the              renunciation of such balance, the goods shall be held at the
date resulting from the instructions in Article 8 , upon which       expense and risk of the recipient country.
date the vessel should be ready for loading.
                                                                     The recipient country must notify the Community, within
                           Article 4                                 a period of a maximum of thirty clear days from the date
                                                                     on which loading should have begun, of the date on which
On delivery of the goods , a tolerance of 5 % less than the          loading of this balance is due to begin or of its renunciation
quantity to be supplied in accordance with Article 1 of the          of this balance .
Agreement shall be permitted.
                                                                     If this obligation is not fulfilled, the Community may
                           Article 5                                 consider that it has discharged its commitment to the
                                                                     recipient country under Article 1 of the Agreement.
Once the goods are on board the vessel , the Community
shall notify the recipient country of the date of loading, and
the quantity and quality of the goods as recorded in
loading .                                                                                       Article 8
                           Article 6                                 The recipient country shall name for the Community the
                                                                     vessel that is to ship the goods at least ten clear days prior
The recipient country shall supply the Community, within             to the estimated date of arrival of the vessel in port or,
the period referred to in Article 2, with a vessel of dimensions     where possible, twenty clear days prior to that date, and
corresponding to the normal loading potential of the port            shall at the same time indicate how soon after that date the
of shipment.                                                         vessel will be ready for loading.
Should it prove impossible to begin loading the vessel
within the period referred to in Article 2 and should the            The recipient country shall insert in the charter party a
recipient country not have notified the Community of this            clause requiring the captain to inform the Community at
fact in writing at the latest by the date on which the vessel        least seventy-two hours in advance of the vessel's estimated
should be ready for loading in accordance with Article 8 ,           date of arrival in the port of shipment.
the goods shall be at the disposal of the Community.
Whatever the circumstances, the goods shall be held at                                          Article 9
the expense and risk of the recipient country.
                            Article 7                                To implement the provisions of this Annex, the Community
                                                                     shall appoint an authorized agent, whose name and address
Should the recipient country fail to provide a vessel of             shall be made known in good time to the recipient country.
suitable tonnage or if the quantity made available for
loading on a vessel of suitable tonnage cannot be put on             The recipient country shall nominate a receiving agent in
board in its entirety because of circumstances beyond the            each port of shipment, whose name and address shall be
control of the Community, the balance shall be loaded onto            made known to the Community before the Agreement is
the next vessel under the conditions laid down in this Annex .       implemented.
                Information concerning the signing of the Agreement between the European Economic
                              Community and the Lebanese Republic on the supply of food aid
                The Agreement between the European Economic Community and the Lebanese Re­
               public on the supply of common wheat as food aid, which the Council decided to con­
               alude on 24 July 1973 , was signed at Brussels on 29 October 1973 , on behalf of the
                Council of the European Communities by :
               Mr Niels Ersbol, ambassador Extraordinary and Plenipotentiary, Chairman of the
                Permanent Representatives Committee, and
                Mr Hans-Broder Krohn, Director-General for Development and Cooperation at the
                Commission of the European Communities, and on behalf of the Government of the
                Lebanese Republic by :
                Mr Kesrouan Labaki, Ambassador Extraordinary and Plenipotentiary, Head of the
                Mission of that country to the European Communities.
 ---documentbreak--- NA ---documentbreak--- 24 . 12 . 73                              Official Journal of the European Communities                                No L 355 / 17
                           Article 3                                 In that event, until the date of loading of such balance
                                                                     or until the recipient country gives notice in writing of
The Community must be prepared to load the goods on the              renunciation of such balance, the goods shall be held at the
date resulting from the instructions in Article 8 , upon which       expense and risk of the recipient country.
date the vessel should be ready for loading.
                                                                     The recipient country must notify the Community, within
                           Article 4                                 a period of a maximum of thirty clear days from the date
                                                                     on which loading should have begun, of the date on which
On delivery of the goods , a tolerance of 5 % less than the          loading of this balance is due to begin or of its renunciation
quantity to be supplied in accordance with Article 1 of the          of this balance .
Agreement shall be permitted.
                                                                     If this obligation is not fulfilled, the Community may
                           Article 5                                 consider that it has discharged its commitment to the
                                                                     recipient country under Article 1 of the Agreement.
Once the goods are on board the vessel , the Community
shall notify the recipient country of the date of loading, and
the quantity and quality of the goods as recorded in
loading .                                                                                       Article 8
                           Article 6                                 The recipient country shall name for the Community the
                                                                     vessel that is to ship the goods at least ten clear days prior
The recipient country shall supply the Community, within             to the estimated date of arrival of the vessel in port or,
the period referred to in Article 2, with a vessel of dimensions     where possible, twenty clear days prior to that date, and
corresponding to the normal loading potential of the port            shall at the same time indicate how soon after that date the
of shipment.                                                         vessel will be ready for loading.
Should it prove impossible to begin loading the vessel
within the period referred to in Article 2 and should the            The recipient country shall insert in the charter party a
recipient country not have notified the Community of this            clause requiring the captain to inform the Community at
fact in writing at the latest by the date on which the vessel        least seventy-two hours in advance of the vessel's estimated
should be ready for loading in accordance with Article 8 ,           date of arrival in the port of shipment.
the goods shall be at the disposal of the Community.
Whatever the circumstances, the goods shall be held at                                          Article 9
the expense and risk of the recipient country.
                            Article 7                                To implement the provisions of this Annex, the Community
                                                                     shall appoint an authorized agent, whose name and address
Should the recipient country fail to provide a vessel of             shall be made known in good time to the recipient country.
suitable tonnage or if the quantity made available for
loading on a vessel of suitable tonnage cannot be put on             The recipient country shall nominate a receiving agent in
board in its entirety because of circumstances beyond the            each port of shipment, whose name and address shall be
control of the Community, the balance shall be loaded onto            made known to the Community before the Agreement is
the next vessel under the conditions laid down in this Annex .       implemented.
                Information concerning the signing of the Agreement between the European Economic
                              Community and the Lebanese Republic on the supply of food aid
                The Agreement between the European Economic Community and the Lebanese Re­
               public on the supply of common wheat as food aid, which the Council decided to con­
               alude on 24 July 1973 , was signed at Brussels on 29 October 1973 , on behalf of the
                Council of the European Communities by :
               Mr Niels Ersbol, ambassador Extraordinary and Plenipotentiary, Chairman of the
                Permanent Representatives Committee, and
                Mr Hans-Broder Krohn, Director-General for Development and Cooperation at the
                Commission of the European Communities, and on behalf of the Government of the
                Lebanese Republic by :
                Mr Kesrouan Labaki, Ambassador Extraordinary and Plenipotentiary, Head of the
                Mission of that country to the European Communities.