CELEX: 21975A0617(01)
Language: en
Date: 1974-10-03 00:00:00
Title: Agreement between the European Economic Community and the Republic of Dahomey on the supply of common wheat as food aid

17 . 6 . 75                        Official Journal of the European Communities                             No L 155 / 17
                                                   AGREEMENT
              between the European Economic Community and the Republic of Dahomey 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 DAHOMEY,
              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 :
                                                      ' H? -
                                                     W<
              THE GOVERNMENT OF THE REPUBLIC OF DAHOMEY :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                                                    Article IV
As part of its food-aid programme (cereals) for               The country of destination undertakes to use the
1973/74, the European Economic Community, herein­             product received as aid for purposes of consumption
after referred to as the 'Community', shall supply the        and to apply, for the sale of the product on its market,
Republic of Dahomey, hereinafter referred to as the           the prices normally charged on that market for
'country of destination ', by way of gift, with 4 000         products of comparable quality.
metric tons of common wheat.
                                                              The proceeds from this sale shall be paid into a
                                                              special account at the central bank of that country or
                        Article II                            at  a  state-controlled    bank    and   allocated to   the
                                                              financing of one or more development schemes in
Deliveries will be made fob in new jute bags of a net         accordance with the procedure to be agreed between
weight of 50 kg each, in accordance with the detailed         the recipient country and the Community,
rules set out in the Annex which is an integral part of
this Agreement.
                                                                                      Article V
                        Article III                           The Contracting Parties undertake to implement this
                                                              Agreement in such a way as to avoid any prejudice to
The country of destination undertakes to make all             the normal structure of domestic production and inter­
necessary arrangements for the transport and insur­           national trade . To this end they shall take any
ance of the product from point of delivery to places of       measures required to ensure that aid supplies are in
destination .                                                 addition to, and do not replace, commercial transac­
                                                              tions which might reasonably be expected in the
 It undertakes to exercise the greatest possible care to      absence of such supplies. In particular, the country of
ensure that the tendering arrangements for the trans­         destination undertakes to import commercially from
port by sea shall not be prejudicial to the free play of      whatever source between 1 July 1974 and 30 June
fair competition . Any problems arising in this connec­        1975 a minimum quantity of 14 700 metric tons of
tion shall be the subject of consultations under Article      common wheat or its equivalent in flour of common
VIII .                                                        wheat.
 ---pagebreak--- No L 155/ 18                           Official Journal of the European Communities                                 17. 6. 75
                          Article VI                              2. every three months until the quantities received as
                                                                      aid have been fully used : quantities sold, how they
The country of destination shall take all appropriate                 have been sold, selling prices ; normal selling costs
measures to prevent :                                                 on the market of the country of destination ; insur­
— the re-export of the product received as aid and of                 ance costs and, where appropriate, transport costs
     products and by-products resulting from such                     from the port of discharge to the places of destina­
     supplies ;                                                       tion ;
— the export, commercially or otherwise, within six               3 . on 15 January every year until the special account
     months of the last delivery, either of local produce             has been fully used :
     of the same nature as that received as aid or of any
                                                                      (a) state of this account (deposits and withdrawals)
     products and by-products resulting from it.                          on 31 December of the preceding year ;
                          Article VII
                                                                      (b) progress achieved in the project or projects,
                                                                          with    an  indication   of the   total amount of
The country of destination undertakes to inform the                       financing carried out at that stage.
Community of the mode of implementation of this
                                                                                          Article VIII
Agreement. To this end it shall provide the Commis­
sion of the European Communities with the following               At the request of either of them, the Contracting
information :                                                     Parties shall consult each other on any questions
1 . immediately after the discharge of each cargo : port          concerning the implementation of this Agreement.
    and date of arrival of vessel ; nature, quantity and                                   Article IX
    any observations as to the quality of the product
    discharged ; date on which discharge was                      This Agreement shall be drawn up in duplicate in the
    completed ; costs of sea transport and of insurance           Danish, Dutch, English, French, German and Italian
    relating thereto ;                                            languages, each of these texts being authentic.
                                                              ANNEX
                                                   DELIVERY PROCEDURES
                          CHAPTER I                                                          Article 3
                      General provisions                           For the purpose of implementing the provisions of this
                                                                  Annex the Community shall appoint — if necessary for each
                                                                  consignment — an agent whose name and address it shall
                           Article 1
                                                                  make known to the country of destination immediately
                                                                  following his appointment. For each port of shipment the
Delivery shall be effected and all risk shall pass from the       country of destination shall appoint an agent whose name
Community to the country of destination at the moment at          and address it shall make known to the Community with all
which the goods are put down at the point of exportation          dispatch and if possible before the appointment of the agent
named by the Commission of the European Communities at            of the Community.
the berth specified by the country of destination or its agent
referred to in Article 3 and under the terms specified in this
Annex. Without prejudice to Articles 8 and 9 the Commu­
nity shall bear all costs prior to delivery and the country of
destination those after delivery.                                                            Article 4
                           Article 2                              Before implementing the procedure for appointing the agent
                                                                  of the Community referred to in Article 3, the Commission
On delivery of the goods, a tolerance of 5 % less than the        of the European Communities and the country of destination
quantity to be supplied in accordance with Article I of the       shall establish by joint agreement the period during which
Agreement is permitted .                                          delivery must begin .
 ---pagebreak--- 17 . 6 . 75                             Official Journal of the European Communities                               No L 155/ 19
                         CHAPTER II                                                           Article 8
              Obligations of the Community                        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
                            Article 5                             of the Community without delay.
Where the Community is not in a position to carry out              In this event the agents of the Community and of the
delivery on the date , and, if applicable, according to the sche­ country of destination may agree on a new date for the
dule laid down in Article 7, all costs arising for the country    commencement of delivery and, if applicable, a new sche­
of destination — for example, demurrage, void freight and         dule. The costs arising from the delay in loading shall in all
dead freight — shall be borne by the Community.                   cases except force majeure be borne by the country of desti­
                                                                   nation .
The charges and the arrangements relating to demurrage laid
down in the contract concluded between the country of desti­
nation and the carrier must have previously been agreed by         Should the new date provided for in the second paragraph be
the country of destination and the agent of 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 other costs referred to in the first paragraph shall be        dispose of the goods without prejudice to its commitment
refunded by the Community only if they have been paid by           under Article I of this Agreement.
the country of destination with the approval of the Commu­
nity.
                                                                                              Article 9
                             Article 6
                                                                   Where the quantity made available for loading on a vessel
Where it is impossible for the Community to supply all or          cannot be loaded on board in its entirety, the country of
part of the goods on the date and within the time limits           destination shall inform the Community as soon as possible,
provided for in Article 7, the agents of the Community and         and no later than 1 5 clear days after loading has been
of the country of destination may, without prejudice to            completed , whether it intends to accept or to renounce the
Article 5, agree on a new date and a new time limit for the        balance .
delivery of all the goods or of the undelivered part thereof.
                                                                   In the former case the second and third paragraphs of Article
                                                                   8 shall apply to the balance , if delivery has not yet taken
                         CHAPTER III                               place .
                                                                   In the latter case the Community may consider that it has
         Obligations of the country of destination                 discharged its commitment to the country of destination
                                                                   under Article I of this Agreement and shall bear the costs
                                                                   resulting from renunciation .
                             Article 7
After contacting the Community, the country of destination         In any event, after an interval of 15 clear days and in the
shall procure , to transport all the quantities provided for in    absence of any notice on the part of the country of destina­
Article I of the Agreement, one or more vessels of dimen­          tion , renunciation shall be deemed to have taken place.
sions corresponding to the normal capacity of the port of
shipment ; these vessels must be ready for loading on a date
falling within the period referred to in Article 4.                                           Article 10
The agent of the country of destination shall inform the
Community of this date and of the date for commencement            Upon delivery of the goods, the country of destination shall
of delivery as soon as he knows them , if possible 20 clear        hand over to the authorized agent of the Community a certifi­
days in advance and in any case 10 clear days before the date      cate of acceptance which shall set out the port of shipment,
for commencement of delivery .                                     date of acceptance and the nature and quantity of the goods
                                                                   accepted, together with any comments on the quality of the
 He shall establish with the agent of the Community the sche­      goods . A copy of the certificate shall be sent to the Commis­
dule according to which delivery shall take place .                sion of the European Communities .