CELEX: 21973A1213(02)
Language: en
Date: 1973-10-15 00:00:00
Title: Agreement between the European Economic Community and the Arab Republic of Yemen on the supply of common wheat as food aid

No L 343 / 14                       Official Journal of the European Communities                            13 . 12. 73
                                                    AGREEMENT
              between the European Economic Community and the Arab Republic of Yemen on the
                                       supply of common wheat as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
              of the one part,
              THE GOVERNMENT OF THE ARAB REPUBLIC OF YEMEN ,
              of the other part,
              HAVE DECIDED to conclude this Agreement and to this end have designated as their
              Plenipotentiaires :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE GOVERNMENT OF THE ARAB REPUBLIC OF YEMEN :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                                                    Article V
As a part of its Food Aid Programme ( Cereals) for
1971/72, the European Economic Community, here­                The recipient country undertakes to use the product
inafter referred to as the ' Community', shall supply          received as aid for purposes of consumption and to
the Arab Republic of Yemen, hereinafter referred to            apply, for the sale of the product on its market, the
as the 'recipient country', with 4 000 metric tons             prices normally charged on that market for products
of common wheat.                                               of comparable quality.
                        Article II                             The proceedings from this sale, less the normal cost
                                                               of selling the product on the recipient country's mar­
Deliveries will be made in bulk cif to ports of dis­           ket, shall be paid into a special account at the Cen­
charge of the recipient country.                               tral Bank of that country and allocated to the finan­
                                                               cing of one or more development schemes proposed
                                                               by the recipient country and approved by the Com­
                        Article III                            munity.
The obligations and responsibilities of the Com­
munity and of the recipient country relating in parti­
cular to delivery and the taking of delivery are de­                                  Article VI
fined in the Annex, which forms an integral part of
this Agreement.
                                                               The Contracting Parties undertake to implement this
                                                               Agreement in such a way as to avoid any prejudice
                        Article IV                             to the normal structure of domestic production and
                                                               international trade. To this end they shall take any
The recipient country undertakes to make all necess­           measures required to ensure that aid supplies are in
ary arrangements for the transport and insurance of            addition to, and do not replace, commercial trans­
the product from ports of discharge to places of desti­        actions which might reasonably be expected in the
nation .                                                       absence of such supplies .
 ---pagebreak--- 13 . 12 . 73                             Official Journal of the European Communities                                  No L 343 / 15
                           Article VII                                 2. Every three months until the quantities received
                                                                            as aid have been fully used : quantities sold, how
The recipient country shall take all appropriate meas­                      they have been sold, selling prices ; normal selling
ures to prevent :                                                           costs on the recipient country's market;
— the re-export of the product received as aid and                     3 . On 15 January every year until the special account
     of products and by-products resulting from such                        has been fully used :
     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 the product                           year ;
     obtained locally and of the same nature as the                         ( b) progress achieved in the project or projects,
     product received as aid or of any products or                                with an indication of the total amount of
     by-products resulting from it.                                               financing carried out at that stage.
                          Article VIII                                                           Article IX
The recipient country undertakes to inform the Com­                    At the request of either of them, the Contracting
munity of the mode of implementation of this Agree­                    Parties shall consult each other on any questions con­
ment. To this end it shall provide the Commission of                   cerning the implementation of this Agreement.
the European Communities with the following infor­
mation :
                                                                                                  Article X
1 . Not later than 30 days after the unloading of each
     cargo : port and date of arrival of the vessel ;                  This Agreement shall be drawn up in duplicate in
     nature, quantity and quality of the products un­                  the Danish, Dutch, English, French, German and
     loaded; date on which unloading was completed ;                   Italian languages , each of these texts being authentic.
                                                               ANNEX
                                      Provisions laid down in Article III of the Agreement
                                                               Article 1
                Delivery shall be effected and all risk shall pass from the Community to the country of destination
                at the moment at which the goods are actually taken in charge in the ship's hold at the port of
                discharge.
                The country of destination shall pay all costs subsequent to delivery of the goods, including the
                costs of unloading (breaking bulk, hoisting, taking delivery, for example) as well as any lighterage
                costs .
                Any demurrage or dispatch money at the port of discharge shall be borne by or paid to the country
                of destination . The rates and conditions of payment laid down in the contract between the
                authorized agent of the Community referred to in Article 5 and the carrier must have been agreed
                in advance between that agent and the receiving agent of the country of destination referred to
                in Article 5 .
                                                               Article 2
                The Community shall forward to the country of destination, as soon as possible after the goods
                have been shipped, a notice giving the name of the ship, the date of loading, the quantity and
                quality of the goods on loading and the port of discharge.
                                                               Article 3
                The Community shall inform the country of destination of the ship's estimated date of arrival at
                the port of discharge at least 10 clear days before that date.
                It shall have inserted in the charter party an undertaking by the captain to give the country of
                destination at least 72 hours ' notice of the probable date of the ship's arrival in the port of dis­
                charge .
 ---pagebreak--- No L 343 / 16                         Official Journal of the European Communities                             13 . 12 . 73
                                                          Article 4
              On delivery of the goods, a tolerance of 5 % less than the quantity to be supplied in accordance
              with Article I of the Agreement shall be permitted .
                                                          Article 5
              To implement the provisions of this Annex, the Community shall appoint an authorized agent,
              whose name and address it shall make known in good time to the country of destination .
              The country of destination shall appoint a receiving agent in each port of discharge, whose name
              and address it shall make known to the Community before the Agreement is implemented .
              Information concerning the signing of the Agreement between the European Economic
                    Community and the Arab Rebublic of Yemen on the supply of food aid
              The Agreement between the European Economic Community and the Arab Republic
              of Yemen on the supply of common wheat as food aid, which the Council decided to
              conclude on 15 Ocotber 1973 , was signed in Brussels on 15 November 1973
              on behalf of the Council of the European Communities, by Mr Niels Ersboll, Ambassa­
              dor Extraordinary and Plenipotentiary, Chairman of the Permanent Representatives
              Committee and by Mr Hans-Broder Krohn, Director-General for Development and
              Cooperation of the Commission of the European Communities ;
              on behalf of the Government of the Republic of the Arab Republic of Yemen, by Mr
              Ahmed Kaid Barakat, Ambassador Extraordinary and Plenipotentiary, Head of that
              country's Mission to the European Community.