CELEX: 
Language: en
Date: 1974-12-14 00:00:00
Title: Council Decision of 7 November 1974 on the conclusion of the Agreement between the European Economic Community and the Arab Republic of Syria on the supply of flour of common wheat as food aid #Agreement between the European Economic Community and the Arab Republic of Syria on the supply of flour of common wheat as food aid

14. 12 . 74                        Offiaial Journal of the European Communities                           No L 335/21
                                               COUNCIL DECISION
                                               of 7 November 1974
            on the conclusion of the Agreement between the European Economic Community and
              the Arab Republic of Syria on the supply of flour of common wheat as food aid
                                                     (74/61 1/EEC)
             THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
            Having regard to the Treaty establishing the European Economic Community, and in
            particular Articles 113 , 114 and 228 thereof ;
             Having regard to the recommendation from the Commission ;
             Whereas the European Economic Community has concluded the 1971 Food Aid Con­
            vention ;
            Whereas by its letter of 8 August 1973 , the Arab Republic of Syria has requested food aid ;
            Whereas in vie w of the cereal supply situation in that country the latter should be accorded
            under the Com munity food-aid programme for 1973/74, and by way of gift, 8 500 metric
            tons of common wheat, in the form of 5 629 metric tons of flour of common wheat,
            HAS DECIDED AS FOLLOWS :
                                                      Article 1
             The Agreement between the European Economic Community and the Arab Republic o
             Syria on the supply of flour of common wheat as food aid is hereby concluded on behal
            of the Community.
            The text of the Agreement is annexed to this Decision .
                                                       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 , 7 November 1974.
                                                                                  For the Council
                                                                                    The President
                                                                                     A. JARROT
 ---documentbreak--- No L 335 /22                          Official Journal of the European Communities                            14. 12 . 74
                                                      AGREEMENT
             between the European Economic Community and the Arab Republic of Syria on the
                                    supply of flour of common wheat as food aid
             THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
             of the one part ,
              THE GOVERNMENT OF THE ARAB REPUBLIC OF SYRIA ,
              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 ARAB REPUBLIC OF SYRIA :
              WHO HAVE AGREED AS FOLLOWS :
                         Article 1                               insurance of the product from point of delivery to
                                                                 places of destination.
As part of its food-aid programme (cereals) for
1973 /74, the European Economic Community,                       It undertakes to exercise the greatest possible care to
hereinafter referred to as the 'Community', shall                ensure that the tendering arrangements for the
supply the Arab Republic of Syria, hereinafter                   transport by sea shall not be prejudicial to the free
referred to as the 'country of destination', by way of           play of fair competition . Any problems arising in
gift, with 8 500 metric tons of common wheat in the              this connection shall be the subject of consultations
form of 5 629 metric tons of flour of common wheat.              under Article VIII.
                         Article 11                                                     Article IV
Deliveries will be made fob in new cotton sacks each             The country of destination undertakes to use the
having a net weight of 50 kg in accordance with the              product received as aid for purposes of consumption
detailed rules set out in the Annex which is an                  and to apply, for the sale of the product on its
integral part of this Agreement.                                 market, the prices normally charged on that market
                                                                 for products of comparable quality.
                        Article 111                              The proceeds from this sale sihall 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
 ---pagebreak---  14. 12 . 74                          Official Journal of the European Communities                                No L 335 /23
procedure to be agreed between the recipient country              1 . immediately after the discharge of each cargo :
and the Community.                                                     port and date of arrival of vessel ; nature, quantity
                                                                       and any observations as to the quality of the
                                                                       product discharged ; date on whidh discharge was
                         Article V                                     completed ; costs of sea transport and of insurance
                                                                       relating thereto ;
The Contracting Parties undertake to implement this
Agreement in such a way as to avoid any prejudice
to the normal structure of domestic production and                2. every three months until the quantities received
international trade. To this end they shall take any                   as aid have been fully used ; quantities sold, how
measures required to ensure that aid supplies are in                  they have been sold ; selling prices ; normal selling
addition to, and do not replace, commercial trans­                     costs on the market of the country of destination ;
actions which might reasonably be expected in the                      insurance costs and, where appropriate, transport
absence of such supplies . In particular, the country                  costs from the port of discharge to the places of
of destination undertakes to import commercially                       destination ;
from whatever source between 1 July 1974 and
30 June 1975 a minimum quantity of 102 000 metric
tons of common wheat, or dts equivalent in flour of              3 . on 15 January every year until the special account
common wheat.                                                          has been fully used :
                                                                       ( a ) state of this account ( deposits and
                         Article VI                                          withdrawals) on 31 December of the
                                                                             preceding year;
The country of destination shall take all appropriate
measures to prevent :
                                                                       ( b ) progress achieved in the project or projects,
                                                                             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 resulting from such supplies ;
— the export, commercially or otherwise, within six
    months of the last delivery, either of local produce                                   Article VIII
    of the same nature as that used to produce the
    flour received as aid or of any products or by­              At the request of either of them , the Contracting
    products resulting from it.                                  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 Com­                 This Agreement shall be drawn up in duplicate in
mission 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---  No L 335/24                           Official Journal of the European Communities                                   14. 12. 74
                           Article 2                                                        CHAPTER III
  On delivery of the goods, a tolerance of 5 °/o 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
 For the purpose of implementing the provisions of this             destination shall procure, to transport all the quantities
 Annex the Community shall appoint — if necessary for              provided for in Article I of the Agreement, one or more
 each consignment — an agent whose name and address it             vessels of dimensions corresponding , to the normal
 shall make known to the country of destination                    capacity of the port of shipment; these vessels must be
 immediately following his appointment. For each port of           ready for loading on a date falling within the period
                                                                    referred to in Article 4.
 shipment the country of destination shall appoint an
 agent whose name and address it shall make known to
 the Community with all dispatch and if possible before            The agent of the country of destination shall inform the
 the appointment of the agent of the Community.                     Community of this date and of the date for
                                                                    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.
 Before implementing the procedure for appointing the              He shall establish with the agent of the Community the
 agent of the Community referred to in Article 3, the              schedule according to which delivery shall take place.
 Commission of the European Communities and the
 country of destination shall establish by joint agreement
 the period during which delivery must begin.
                                                                                              Article 8
                        CHAPTER II
                                                                   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 of the Community without delay.
               Obligations of the Community
                                                                   In this event the agents of the Community and of the
                          Article S                                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
 Where the Community is not in a position to carry out
 delivery on the date, and, if applicable, according to the        shall in all cases except force majeure be borne by the
                                                                   country of destination.
 schedule laid down in Article 7, all costs arising for the
 country of destination — for example, demurrage, void
 freight and dead freight — shall be borne by the                  Should the new date provided for in the second paragraph
 Community.                                                        be more than 30 clear days after the date for loading
                                                                   provided for in the first paragraph of Article 7, the
                                                                   Community may dispose of the goods without prejudice
 The charges and the arrangements relating to demurrage            to its commitment under Article I of this Agreement.
 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
 Community.                                                                                   Article 9 ,
 The other costs referred to in the first paragraph shall be      Where the quantity made available for loading on a
refunded by the Community only if they have been paid             vessel cannot be loaded on board in its entirety, the
 by the country of destination with the approval of the           country of destination shall inform the Community as
 Community.                                                       soon as possible, and no later than 15 clear days after
                                                                  loading has been completed, whether it intends to accept
                                                                  or to renounce the balance.
                          Article 6
Where it is impossible for the Community to supply all            In the former case the second and third paragraphs of
or part of the goods on the date and within the time             Article 8 shall apply to the balance, if delivery has not
limits provided for in Article 7, the agents of the               yet taken place.
Community and of the country of destination may,
without prejudice to Article 5, agree oil a new date and
a new time limit for the delivery of all the goods or of the      In the latter case the Community may consider that it has
undelivered part thereof.                                         discharged its commitment to the country of destination
 ---pagebreak--- 14. 12. 74                            Official Journal of the European Communities                            No L 335/25
under Article I of this Agreement and shall bear the costs                                 Article 10
resulting from renunciation.                                     Upon delivery of the goods, the country of destination
                                                                 shall hand over to the authorized agent of the Community
                                                                 a certificate of acceptance which shall set out the port of
In any event, after an interval of 15 clear days and in the      shipment, date of acceptance and the nature and quantity
absence of any notice on the part of the country of              of the goods accepted, together with any comments on
destination, renunciation shall be deemed to have taken          the quality of the goods. A copy of the certificate shall
place.                                                           be sent to the Commission of the European Communities.
              Information on the signing of the Agreement between the European Economic Community
                             and the Arab Republic of Syria on the supply of food aid
              The Agreement between the European Economic Community and Syria on the supply
              of flour of common wheat as food aid, which the Council decided to conclude on 7
              November 1974, was signed in Brussels on 11 November 1974, on behalf of the Council
              of the European Communities by :
              Mr Emile Cazimajou, Minister Plenipotentiary, Chairman of the Permanent Representa­
              tives Committee (deputies), and
              Mr Durieux, Director for Development and Cooperation of the Commission of the
              European Communities,
              and on behalf of the Government of Syria by :
              Mr Kassem Mardam, Minister Plenipotentiary, Acting Charge d'affaires at the Syrian
              Mission to the European Communities.
 ---documentbreak--- NA ---documentbreak--- 14. 12. 74                            Official Journal of the European Communities                            No L 335/25
under Article I of this Agreement and shall bear the costs                                 Article 10
resulting from renunciation.                                     Upon delivery of the goods, the country of destination
                                                                 shall hand over to the authorized agent of the Community
                                                                 a certificate of acceptance which shall set out the port of
In any event, after an interval of 15 clear days and in the      shipment, date of acceptance and the nature and quantity
absence of any notice on the part of the country of              of the goods accepted, together with any comments on
destination, renunciation shall be deemed to have taken          the quality of the goods. A copy of the certificate shall
place.                                                           be sent to the Commission of the European Communities.
              Information on the signing of the Agreement between the European Economic Community
                             and the Arab Republic of Syria on the supply of food aid
              The Agreement between the European Economic Community and Syria on the supply
              of flour of common wheat as food aid, which the Council decided to conclude on 7
              November 1974, was signed in Brussels on 11 November 1974, on behalf of the Council
              of the European Communities by :
              Mr Emile Cazimajou, Minister Plenipotentiary, Chairman of the Permanent Representa­
              tives Committee (deputies), and
              Mr Durieux, Director for Development and Cooperation of the Commission of the
              European Communities,
              and on behalf of the Government of Syria by :
              Mr Kassem Mardam, Minister Plenipotentiary, Acting Charge d'affaires at the Syrian
              Mission to the European Communities.