CELEX: 
Language: en
Date: 1975-02-05 00:00:00
Title: Council Decision of 7 November 1974 on the conclusion of the Agreement between the European Economic Community and the Democratic Republic of the Sudan on the supply of common wheat as food aid #Agreement between the European Economic Community and the Democratic Republic of the Sudan on the supply of common wheat as food aid

5 . 2. 75                      Official Journal of the European Communities                     No L 32/5
                                             COUNCIL DECISION
                                               of 7 November 1974
          on the conclusion of the Agreement between the European Economic Community
          and the Democratic Republic of the Sudan on the supply of common wheat
                                                     as food aid
                                                   (75 /79/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 20 August 1973 , the Democratic Republic of the Sudan 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, 5 000 metric tons of common wheat,
          HAS DECIDED AS FOLLOWS :
                                                      Article 1
           The Agreement between the European Economic Community and the Democratic
           Republic of the Sudan on the supply of common wheat as food aid is hereby con­
           cluded 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, 7 November 1974.
                                                                        For the Council
                                                                        The President
                                                                         A. JARROT
 ---documentbreak--- No L 32/6                            Official Journal of the European Communities                            5 . 2. 75
                                                      AGREEMENT
              between the European Economic Community and the Democratic Republic of the
                                  Sudan on the supply of common wheat as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF THE SUDAN,
               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 DEMOCRATIC REPUBLIC OF THE SUDAN : x
               WHO HAVE AGREED AS FOLLOWS :
                          Article 1                                                  Article IV
As part of its food-aid programme (cereals) for 1973/          The country of destination undertakes to use the
74, the European Economic Community, hereinafter               product received as aid for purposes of consumption
referred to as the 'Community', shall supply the               and to apply, for the sale of the product on its
Democratic Republic of the Sudan, hereinafter                  market, the prices normally charged on that market
referred to as the 'country of destination', by way            for products of comparable quality.
of gift, with 5 000 metric tons of common wheat.
                                                               The proceeds from this sale shall be paid into a
                                                               special account at the central bank of that country
                          Article II                           and allocated to the financing of one or more
                                                               development schemes in accordance with the
Deliveries will be made in bulk fob in accordance              procedure to be agreed between the recipient country
with the detailed rules set out in the Annex which             and the Community.
forms an integral part of this Agreement.
                         Article III                                                  Article V
The country of destination undertakes to make all              The Contracting Parties undertake to implement this
 necessary arrangements for the transport and                  Agreement in such a way as to avoid any prejudice
insurance of the product from point of delivery to             to the normal structure of domestic production and
places of destination.                                         international trade. To this end they shall take any
                                                               measures required to ensure that aid supplies are in
It undertakes to exercise the greatest possible care to        addition to, and do not replace, commercial
ensure that the tendering arrangements for the                 transactions which might reasonably be expected in
transport by sea shall not be prejudicial to the free           the absence of such supplies. In particular, the
play of fair competition. Any problems arising in              country of destination undertakes to import
this connection shall be the subject of consultations          commercially from whatever source between 1 July
under Article VIII.                                             1974 and 30 June 1975 a minimum quantity of
 ---pagebreak--- 5 . 2 . 75                           Official Journal of the European Communities                               No L 32/7
 152 200 metric tons of common wheat, or its                     2. every three months until the quantities received
equivalent in flour of common wheat.                                 as aid have been fully used : quantities sold, how
                                                                     they have been sold, selling prices ; normal selling
                                                                     costs on the market of the country of destination ;
                          Article VI                                 insurance costs and, where appropriate, transport
                                                                     costs from the port of discharge to the places of
 The country of destination shall take all appropriate               destination ;
 measures to prevent :
                                                                3 . on 15 January every year until the special
— the re-export of the product received as aid and                   account has been fully used :
     of products and by-products resulting from such
      supplies ;                                                     (a) state of this account (deposits and
                                                                         withdrawals) on 31 December of the
 — the export, commercially or otherwise, within six                     preceding year;
     months of the last delivery, either of local
     produce of the same nature as that received as                  (b) progress achieved in the project or projects,
     aid or of any products or by-products resulting                     with an indication of the total amount of
     from it.                                                            financing carried out at that stage.
                         Article VII
                                                                                        Article VIII
The country of destination undertakes to inform the
Community of the mode of implementation of this                 At the request of either of them, the Contracting
Agreement. To this end it shall provide the                     Parties shall consult each other on any questions
Commission of the European Communities with the                 concerning the implementation of this Agreement.
following information :
1 . immediately after the discharge of each cargo :
     port and date of arrival of vessel ; nature, and                                    Article IX
     quantity of the product discharged and any
     observations as to the quality ; date on which             This Agreement shall be drawn up in duplicate in
     discharge was completed; costs of sea transport            the Danish, Dutch, English, French, German and
     and of insurance relating thereto ;                        Italian 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
                           Article 1                            each consignment — an agent whose name and address it
                                                                shall make known to the country of destination
Delivery shall be effected and all risk shall pass from the     immediately following his appointment. For each port of
Community to the country of destination at the moment           shipment the country of destination shall appoint an
at which the goods are put down at the point of                 agent whose name and address it shall make known to
exportation named by the Commission of the European             the Community with all despatch and if possible before
Communities at the berth specified by the country of            the appointment of the agent of the Community.
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 Community shall bear all costs prior
to delivery and the country of destination all costs after
delivery.
                                                                                          Article 4
                          Article 2                             Before implementing the procedure for appointing the
                                                                agent of the Community referred to in Article 3, the
On delivery of the goods, a tolerance of 5 %> less than         Commission of the European Communities and the
the quantity to be supplied in accordance with Article I .      country of destination shall establish by joint agreement
of the Agreement is permitted.                                  the period during which delivery must begin.
 ---pagebreak--- No L 32/ 8                           Official Journal of the European Communities                                  5 . 2 . 75
                         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
                           Article 5                            inform the agent 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      country of destination may agree on a new date for the
schedule laid down in Article 7, all costs arising for the      commencement of delivery and, if applicable, a new
country of destination — for example, demurrage, void           schedule. Save in cases of force majeure, the costs arising
freight and dead freight — shall be borne by the                from the delay in loading shall be borne by the country
Community.                                                      of destination.
The charges and the arrangements relating to demurrage
laid down in the contract concluded between the country         Should the new date provided for in the second
of destination and the carrier must have previously been        paragraph be more than 30 clear days after the date for
agreed by the country of destination and the agent of           loading provided for in the first paragraph of Article 7,
the Community.                                                  the Community may dispose of the goods without
                                                                prejudice to its commitment under Article I of this
The other costs referred to in the first paragraph shall be     Agreement.
refunded by the Community only if they have been paid
by the country of destination with the approval of the
Community.
                                                                                           Article 9
                           Article 6
                                                                Where the quantity intended for loading on a vessel
Where it is impossible for the Community to supply all          cannot be loaded on board in its entirety, the country of
or part of the goods on the date and within the time            destination shall inform the Community as soon as
limits provided for in Article 7, the agents of the             possible, and , no later than 15 clear days after loading
Community and of the country of destination may,                has been completed, whether it intends to accept or to
without prejudice to Article 5 , agree on a new date and        renounce the balance.
a new time limit for the 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 place.
                                                                In the latter case the Community may consider that it has
                         CHAPTER III                            discharged its commitment to the country of destination
                                                                 under Article I of this Agreement and shall bear the costs
                                                                 resulting from renunciation.
         Obligations of the country of destination
                                                                In any event, after an interval of 15 clear days and in the
                           Article 7                            absence of any notice on the part of the country of
                                                                destination, renunciation shall be deemed to have taken
After contacting the Community, the country of                   place.
destination shall procure, to transport all the quantities
 provided for in Article I of the Agreement, one or more
vessels of dimensions corresponding to the normal
capacity of the port of shipment; these vessels must be
ready for loading on a date falling within the period                                     Article 10
 referred to in Article 4.
The agent of the country of destination shall inform the        Upon delivery of the goods, the country of destination
 Community of this date and of the date for                     shall hand over to the authorized agent of the
 commencement of delivery as soon as he knows them, if          Community a certificate of acceptance which shall set
 possible 20 clear days in advance and in any case 10 clear     out the port of shipment, date of acceptance and the
 days before the date for commencement of delivery.              nature and quantity of the goods accepted, together with
                                                                 any comments on the quality of the goods. A copy of the
He shall establish with the agent of the Community the          certificate   shall be  sent to   the Commission    of     the
 schedule according to which delivery shall take place.          European Communities.
 ---documentbreak--- NA ---documentbreak--- 5 . 2 . 75                     Official journal of the European Communities                   No L 32/9
           Information on the signing of the Agreement between the European Economic
               Community and the Democratic Republic of the Sudan on the supply of food aid
           The Agreement between the European Economic Community and the Sudan on the
           supply of common wheat as food aid, which the Council decided to conclude on
           7 November 1974, was signed in Brussels on 10 November 1974, on behalf of
           the Council of the European Communities by :
           Mr Etienne Burin des Roziers, Ambassador Extraordinary and Plenipotentiary, Chair­
           man of the Permanent Representatives Committee, and
           Mr Hans-Broder Krohn, Director-General for Development and Cooperation at the
           Commission of the European Communities,
           and on behalf of the Government of the Democratic Republic of the Sudan by :
           Mr Abubaker Osman Mohamed Salah, Ambassador Extraordinary and Plenipoten­
           tiary of the Sudan in Paris.