CELEX: 21974A1214(04)
Language: en
Date: 1974-10-21 00:00:00
Title: Agreement between the European Economic Community and the Republic of Lebanon on the supply of common wheat as food aid

14. 12. 74                         Official Journal of the European Communities                         No L 335/17
                                                    AGREEMENT
              between the European Economic Community and the Republic of Lebanon 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 LEBANON,
              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 LEBANON :
              WHO HAVE AGREED AS FOLLOWS :
                         Article 1                             It undertakes to exercise the greatest possible care to
                                                               ensure that the tendering arrangements for the
As part of its food-aid programme (cereals) for                transport by sea shall not be prejudicial to the free
 1973/74, the European Economic Community,                     play of fair competition. Any problems arising in
hereinafter referred to as the 'Community', shall              this connection shall be the subject of consultations
                                                               under Article VIII.
supply the Republic of Lebanon, hereinafter referred
to as the 'country of destination', by way of gift,
with 5 000 metric tons of common wheat.
                                                                                     Article IV
                        Article II
                                                              The country of destination undertakes to use the
Deliveries will be made in bulk fob in accordance             product received as aid for purposes of consumption
with the detailed rules set out in the Annex which is         and to apply, for the sale of the product on its
an integral part of this Agreement.                           market, the prices normally charged on that market
                                                              for products of comparable quality.
                        Article III                           The proceeds from this sale shall be paid into a
                                                              special account at the central bank of that country
The country of destination undertakes to make all             and allocated to the financing of one or more
necessary arrangements for the transport and                  development schemes in accordance with the
insurance of the product from point of delivery to            procedure to be agreed between the recipient country
places of destination.                                        and the Community.
 ---pagebreak---  No L 335 / 18                        Official Journal of the European Communities                                 14. 12. 74
                         Article V                               1 . immediately after the discharge of each cargo :
                                                                      port and date of arrival of vessel ; nature, quantity
The Contracting Parties undertake to implement this                   and any observations as to the quality of the
Agreement in such a way as to avoid any prejudice                    product discharged; date on which discharge was
to the normal structure of domestic production and                    completed ; costs of sea transport and of insurance
international trade. To this end they shall take any                  relating thereto ;
measures required to ensure that aid supplies are in
addition to, and do not replace, commercial                      2. every three months until the quantities received
transactions which might reasonably be expected in                    as aid have been fully used : quantities sold, how
the absence of such supplies . In particular, the                     they have been sold, selling prices ; normal selling
country of destination undertakes to import                           costs on the market of the country of destination ;
commercially from whatever source between 1 July                     insurance costs and, where appropriate, transport
1974 and 30 June 1975 a minimum quantity of                           costs from the port of discharge to the places of
275 500 metric tons of common wheat, or its                           destination ;
equivalent in flour of common wheat.
                                                                 3 . on 15 January every year until the special account
                                                                      has been fully used :
                        Article VI
                                                                      ( a) state of this account (deposits and
The country of destination shall take all appropriate                       withdrawals) on 31 December of the
measures to prevent :                                                       preceding year ;
— the re-export of the product received as aid and                    ( b ) progress achieved in the project or projects,
    of products resulting from such supplies ;                              with an indication of the total amount of
                                                                            financing carried out at that stage.
— the export, commercially or otherwise, within six
    months of the last delivery, either of local produce
    of the same nature as that used to produce the                                        Article VIII
    flour received as aid or of any products or by­
    products resulting from it.                                  At the request of either of them, the Contracting
                                                                 Parties shall consult each other on any questions
                                                                 concerning the implementation of this Agreement.
                        Article VII
                                                                                           Article IX
The country of destination undertakes to inform the
Community of the mode of implementation of this
Agreement. To this end it shall provide the                      This Agreement shall be drawn up in duplicate in
Commission of the European Communities with the                  the Danish, Dutch, English, French, German and
following information :                                          Italian languages, each of these texts being authentic.
                                                          ANNEX
                                                 DELIVERY PROCEDURES
                        CHAPTER I                                at which the goods are put down at the point of
                                                                 exportation named by the Commission of the European
                    General provisions                           Communities at the berth specified by the country of
                                                                 destination or its agent referred to in Article 3 and under
                          Article 1                              the terms specified in this Annex. Without prejudice to
                                                                 Articles 8 and 9 the Community shall bear all costs prior
Delivery shall be effected and all risk shall pass from the      to delivery and the country of destination those after
Community to the country of destination at the moment            delivery.
 ---pagebreak---   14. 12 . 74                          Official Journal of the European Communities                              No L 335/ 19
                           Article 2                                                       CHAPTER III
• On delivery of the goods, a tolerance of 5 % less than                     Obligations of the country of destination
  the quantity to be supplied in accordance with Article I
  of the Agreement is permitted.
                                                                                              Article 7
                          Article 3
                                                                   After contacting the Community, the country of
                                                                   destination shall procure, to transport all the quantities
 For the purpose of implementing the provisions of this            provided for in Article I of the Agreement, one or more
 Annex the Community shall appoint — if necessary for              vessels of dimensions corresponding to the normal
each consignment — an agent whose name and address it              capacity of the port of shipment; these vessels must be
shall make known to the country of destination                     ready for loading on a date falling within the period
 immediately following his appointment. For each port of           referred to in Article 4 .
shipment the country of destination shall appoint an
 agent whose name and address it shall make known to               The agent of the country of destination shall inform the
the Community with all dispatch and if possible before             Community of this date and of the date for
 the appointment of the agent of the Community .                   commencement of delivery as soon as he knows them, if
                                                                   possible 20 clear days in advance and in any case 10
                          Article 4
                                                                   clear days before the date for commencement of delivery.
                                                                   He shall establish with the agent of the Community the
Before implementing the procedure for appointing the               schedule according to which delivery shall take place.
 agent of the Community referred to in Article 3, the
 Commission of the European Communities and the
country of destination shall establish by joint agreement                                     Article 8
the period during which delivery must begin.
                                                                   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
                        CHAPTER II                                 inform the agent of the Community without delay.
                                                                   In this event the agents of the Community and of the
               Obligations of the Community                        country of destination may agree on a new date for the
                                                                   commencement of delivery and, if applicable, a new
                                                                   schedule. The costs arising from the delay in loading
                          Article 5                                shall in all cases except force majeure be borne by the
                                                                   country of destination .
"Where the Community is not in a position to carry out
delivery on the date, and, if applicable, according to the        Should the new date provided for in the second paragraph
schedule laid down in Article 7, all costs arising for the        be more than 30 clear days after the date for loading
country of destination — for example, demurrage, void             provided for in the first paragraph of Article 7, the
freight and dead freight — shall be borne by the                  Community may dispose of the goods without prejudice
Community.                                                        to its commitment under Article I of this Agreement.
The charges and the arrangements relating to demurrage                                        Article 9
laid down in the contract concluded between the country
of destination and the carrier must have previously been
agreed by the country of destination and the agent of the         Where the quantity made available for loading on a
Community.                                                        vessel cannot 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
The other costs referred to in the first paragraph shall be       loading has been completed, whether it intends to accept
refunded by the Community only if they have been paid             or to renounce the balance .
by the country of destination with the approval of the
Community.
                                                                  In the former case the second and third paragraphs of
                                                                  Article 8 shall apply to the balance, if delivery has not
                          Article 6                               yet taken place.
Where it is impossible for the Community to supply all            In the latter case the Community may consider that it has
or part of the goods on the date and within the time              discharged its commitment to the country of destination
limits provided for in Article 7, the agents of the               under Article I of this Agreement and shall bear the costs
Community and of the country of destination may,                  resulting from renunciation.
without prejudice to Article 5 , agree on a new date and
a new time limit for the delivery of all the goods or of the      In any event, after an interval of 15 clear days and in the
undelivered part thereof.                                         absence of any notice on the part of the country of
 ---pagebreak--- No L 335/20                          Official Journal of the European Communities                                14. 12. 74
destination, renunciation shall be deemed to have taken         a certificate of acceptance which shall set out the port of
place.                                                          shipment, date of acceptance and the nature and quantity
                                                                of the goods accepted, together with any comments on
                         Article 10                             the quality of the goods. A copy of the certificate shall
Upon delivery of the goods, the country of destination          be sent to the Commission of the European Communities.
shall hand over to the authorized agent of the Community
                    Information on the signing of the Agreement between the European Economic
                       Community and the Republic of Lebanon on the supply of food aid
              The Agreement between the European Economic Community and Lebanon on the
              supply of common wheat as food aid, which the Council decided to conclude on 21
              October 1974, was signed in Brussels on 24 October 1974, on behalf of the Council of
              the European Communities by :
              Mr Etienne Burin des Roziers, Ambassador Extraordinary and Plenipotentiary, Chairman
              of the Permanent Representatives Committee, and
              Mr Hans-Broder Krohn, Director-General for Development and Cooperation of the
              Commission of the European Communities,
              and on behalf of the Government of Lebanon by :
              Mr Kesrouan Labaki, Ambassador Extraordinary and Plenipotentiary, Head of the
              Lebanese Mission to the European Economic Community.