CELEX: 
Language: en
Date: 1975-03-24 00:00:00
Title: Council Decision of 17 February 1975 on the conclusion of the Agreement between the European Economic Community and the Islamic Republic of Pakistan on the supply of common wheat as food aid #Agreement between the European Economic Community and the Islamic Republic of Pakistan on the supply of common wheat as food aid

24. 3 . 75                      Official Journal of the European Communities                        No L 75/23
                                            COUNCIL DECISION
                                             of 17 February 1975
           on the conclusion of the Agreement between the European Economic Community and
                 the Islamic Republic of Pakistan on the supply of common wheat as food aid
                                                 (75 / 179/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
           Convention ;
           Whereas by its letter of 15 August 1973 , the Islamic Republic of Pakistan has requested
           food aid;
           Whereas in view of the cereal supply situation in that country the latter should be
           accorded, under the Community food-aid programme for 1973 /74, and by way of
           gift, 28 000 metric tons of common wheat,
           HAS DECIDED AS FOLLOWS :
                                                    Article 1
           The Agreement between the European Economic Community and the Islamic Republic
           of Pakistan on the supply of common wheat as food aid is hereby concluded on behalf
           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, 17 February 1975 .
                                                                         For the Council
                                                                          The President
                                                                             R. RYAN
 ---documentbreak---   No L 75 /24                         Official Journal of the European Communities                           24. 3 . 75
                                                      AGREEMENT
               between the European Economic Community and the Islamic Republic of Pakistan
                                       on the supply of common wheat as food aid
               THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
               of the one part,
               THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF PAKISTAN,
               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 ISLAMIC REPUBLIC OF PAKISTAN :
              WHO HAVE AGREED AS FOLLOWS :
                           Article I                            play of fair competition . Any problems arising in
                                                                this connection shall be the subject of consultations
 As part of its food-aid programme ( cereals) for 1973 /        under Article VIII.
74, the European Economic Community, hereinafter
 referred to as the 'Community', shall supply the
Islamic Republic of Pakistan, hereinafter referred to                                 Article IV
 as the 'country of destination', by way of gift, with
28 000 metric tons of common wheat.
                                                                The country of destination undertakes to use the
                                                                product received as aid for purposes of consumption
                          Article II
                                                                and to apply, for the sale of the product on its
                                                                market, the prices normally charged on that market
                                                                for products of comparable quality.
Deliveries will be made in bulk fob in accordance
with the detailed rules set out in the Annex which
forms an integral part of this Agreement.                       The proceeds from this sale shall be paid into a
                                                                special account at the central bank of that country
                                                                and allocated to the financing of one or more
                          Article III                           development schemes in accordance with the
                                                                procedure to be agreed between the recipient country
The country of destination undertakes to make all               and the Community.
necessary arrangements for the transport and
insurance of the product from point of delivery to
places of destination .                                                                Article V
It undertakes to exercise the greatest possible care to         The Contracting Parties undertake to implement this
ensure that the tendering arrangements for the                  Agreement in such a way as to avoid any prejudice
transport by sea shall not be prejudicial to the free           to the normal structure of domestic production and
 ---pagebreak--- 24. 3 . 75                            Official Journal of the European Communities                               No L 75/25
international trade. To this end they shall take any                 observations as to the quality; date on which
measures required to ensure that aid supplies are in                 discharge was completed; costs of sea transport
addition to, and do not replace, commercial                          and of insurance relating thereto ;
transactions which might reasonably be expected in
the absence of such supplies. In particular, the                2. every three months until the quantities received
country of destination undertakes to import                          as aid have been fully used : quantities sold, how
commercially from whatever source between 1 July                     they have been sold, selling prices ; normal selling
1974 and 30 June 1975 a minimum quantity of                           costs on the market of the country of destination ;
160 300     metric tons     of common wheat          or the          insurance costs and, where appropriate, transport
equivalent in common wheat flour.                                     costs from the port of discharge to the places of
                                                                      destination ;
                           Article VI
                                                                 3 . on 15 January every year until the special
The country of destination shall take all appropriate                 account has been fully used :
measures to prevent :
                                                                      ( a) state of this account ( deposits and
— the re-export of the product received as aid and                         withdrawals) on 31 December of the
     of products resulting from such supplies ;                            preceding year ;
                                                                      (b) progress achieved in the project or projects,
— the export, commercially or otherwise, within six                        with an indication of the total amount of
     months of the last delivery, either of local                          financing carried out at that stage.
     produce of the same nature as that received as
     aid or of any products resulting from it.
                                                                                          Article VIII
                          Article VII
                                                                 At the request of either of them, the Contracting
 The country of destination undertakes to inform the             Parties shall consult each other on any questions
 Community of the mode of implementation of this                 concerning the implementation of this Agreement.
 Agreement. To this end it shall provide the
 Commission of the European Communities with the
 following information :                                                                    Article IX
 1 . immediately after the discharge of each cargo :             This Agreement shall be drawn up in duplicate in
     port and date of arrival of vessel ; nature and             the Danish, Dutch, English, French, German and
     quantity of the product discharged and any                  Italian languages, each of these texts being authentic.
                                                            ANNEX
                                       DELIVERY AND ACCEPTANCE PROCEDURES
                          CHAPTER I                               destination or its agent referred to in Article 3 and under
                                                                  the terms specified in this Annex. Without prejudice to
                      General provisions                          Articles 8 and 9 the Community shall bear all costs prior
                                                                  to delivery and the country of destination all costs after
                                                                  delivery.
                            Article 1
                                                                                             Article 2
  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 put down at the point of                 On delivery of the goods, a tolerance of 5 % less than
  exportation named by the Commission of the European             the quantity to be supplied in accordance with Article I
  Communities at the berth specified by the country of            of the Agreement is permitted.
 ---pagebreak---  No L 75/26                          Official Journal of the European Communities                                 24. 3 . 75
                          Article 3                             vessels of dimensions corresponding to the normal
                                                                capacity of the port of shipment; these vessels must be
 For the purpose of implementing the provisions of this         ready for loading on a date falling within the period
 Annex the Community shall appoint — if necessary for           referred to in Article 4.
 each consignment — an agent whose name and address it
 shall make known to the country of destination                 The agent of the country of destination shall inform the
 immediately following his appointment. For each port of       Community of this date and of the date for
 shipment the country of destination shall appoint an           commencement of delivery as soon as he knows them, if
 agent whose name and address it shall make known to           possible 20 clear days in advance and in any case 10
 the Community with all dispatch and if possible before         clear days before the date for commencement of delivery.
 the appointment of the agent of the Community.
                                                               He shall establish with the agent of the Community the
                                                                schedule according to which delivery shall take place.
                          Article 4
                                                                                           Article 8
Before implementing the procedure for appointing the
agent of the Community referred to in Article 3, the           Where the country of destination is unable to begin
 Commission of the European Communities and the                loading on the date provided for in the first paragraph of
 country of destination shall establish by joint agreement     Article 7, the agent of the country of destination shall
 the period during which delivery must begin.                  inform the agent of the Community without delay.
                                                               In this event the agents of the Community and of the
                        CHAPTER II                             country of destination may agree on a new date for the
                                                               commencement of delivery and, if applicable, a new
              Obligations of the Community                     schedule. Save in cases of force majeure, the costs arising
                                                               from the delay in loading shall be borne by the country
                                                               of destination.
                          Article S
                                                                Should the new date provided for in the second
Where the Community is not in a position to carry out          paragraph be more than 30 clear days after the date for
delivery on the date, and if applicable, according to the      loading provided for in the first paragraph of Article 7,
schedule laid down in Article 7, all costs arising for the     the Community may dispose of the goods without
country of destination — for example, demurrage, void          prejudice to its commitment under Article I of this
freight and dead freight — shall be borne by the               Agreement.
Community.
                                                                                          Article 9
The charges and the arrangements relating to demurrage
laid down in the contract concluded between the country        Where the quantity intended for loading on a vessel
of destination and the carrier must have previously been       cannot be loaded on board in its entirety, the country of
agreed by the country of destination and the agent of the      destination shall inform the Community as soon as
Community.                                                     possible, and no later than 15 clear days after loading
                                                               has been completed, whether it intends to accept or to
                                                               renounce the balance.
The other costs referred to in the first paragraph shall be
refunded by the Community only if they have been paid
by the country of destination with the approval of the         In the former case the second and third paragraphs of
Community.                                                     Article 8 shall apply to the balance, if delivery has not
                                                               yet taken place.
                          Article 6
                                                               In the latter case the Community may consider that it has
Where it is impossible for the Community to supply all
                                                               discharged its commitment to the country of destination
or part of the goods on the date and within the time
                                                               under Article I of this Agreement and shall bear the costs
                                                               resulting from renunciation.
limits provided for in Article 7, the agents of the
Community and of the country of destination may,               In any event, after an interval of 15 clear days and in the
without prejudice to Article 5, agree on a new date and a      absence of any notice on the part of the country of
new time limit for the delivery of all the goods or of the     destination, renunciation shall be deemed to have taken
undelivered part thereof.                                      place.
                                                                                          Article 10
                       CHAPTER III
         Obligations of the country of destination             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
                          Article 7                            out the port of shipment, date of acceptance and the
                                                               nature and quantity of the goods accepted, together with
After contacting the Community, the country of                 any comments on the quality of the goods. A copy of the
destination shall procure, to transport all the quantities     certificate  shall be sent to the     Commission of the
provided for in Article I of the Agreement, one or more        European Communities.
 ---documentbreak--- NA ---documentbreak--- 24. 3 . 75                    Official Journal of the European Communities                  No L 75/27
           Information on the signing of the Agreement between the European Economic
                Community and the Islamic Republic of Pakistan on the supply of food aid
           The Agreement between the European Economic Community and Pakistan on the
           supply of common wheat as food aid, which the Council decided to conclude on
           17 February 1975 , was signed in Brussels on 20 February 1975 , on behalf of the
           Council of the European Communities by :
           Mr Brendan Dillon, Ambassador Extraordinary and Plenipotentiary, Chairman of
           the Permanent Representatives Committee, and
           Mr Hans-Broder Krohn, Director-General for Development and Coordination at the
           Commission of the European Communities,
           and on behalf of the Government of the Islamic Republic of Pakistan by :
           Mr Qamarul Islam, Ambassador Extraordinary and Plenipotentiary, Head of that
           Country's Mission to the European Economic Community.