CELEX: 
Language: en
Date: 1975-10-07 00:00:00
Title: Council Decision of 10 July 1975 on the conclusion of the Agreement between the European Community and the Republic of Zambia on the supply of common wheat as food aid #Agreement between the European Economic Community and the Republic of Zambia on the supply of common wheat as food aid

No L 259 / 18                    Official Journal of the European Communities                          7. 10 . 75
                                                         II
                                    (Acts whose publication is not obligatory)
                                                COUNCIL
                                             COUNCIL DECISION
                                                 of 10 July 1975
             on the conclusion of the Agreement between the European Economic Commu
                nity and the Republic of Zambia on the supply of common wheat as food aid
                                                   (75/590/EEC)
THE COUNCIL OF THE EUROPEAN                                 HAS DECIDED AS FOLLOWS :
COMMUNITIES,                                                                      Article 1
                                                            The Agreement between the European Economic
Having regard to the Treaty establishing the European       Community and the Republic of Zambia on the
Economic Community, and in particular Articles 113,         supply of common wheat as food aid is hereby
1 14 and 228 thereof ;                                      concluded on behalf of the Community .
                                                            The text of the Agreement is annexed to this Deci­
Having regard to the recommendation from the                sion .
Commission ;
                                                                                  Article 2
Whereas the European Economic Community has                 The President of the Council is hereby authorized to
concluded the 1971 f(3od - aid convention ;                 designate the persons empowered to sign the Agree­
                                                            ment and to confer on them the necessary powers to
Whereas the Republic of Zambia has requested food           bind the Community. .
aid ;
                                                            Done at Brussels, 10 July 1975.
                                                                                       For the Council
Whereas in view of the cereal supply situation in that
country the latter should be accorded, under the                                        The President
Community food-aid programme for 1972/73 , and by
way of gift, 5 000 metric tons of common wheat,                                         E. COLOMBO
 ---documentbreak--- 7. 10 . 75                          Official Journal of the European Communities                             No L 259 / 19
                                                    AGREEMENT
              between the European Economic Community and the Republic of Zambia 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 ZAMBIA,
              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 :
              THE GOVERNMENT OF THE REPUBLIC OF ZAMBIA :
              WHO HAVE AGREED AS FOLLOWS :
                         A rticle I                            and to apply, for the sale of the product on its market,
                                                               the prices normally charged on that market for
As part of its food-aid programme (Cereals) for                products of comparable quality.
 1972/73 , the European Economic Community, herein­
after referred to as the ' Community', shall supply the
Republic of Zambia, hereinafter referred to as the             The proceeds from this sale, less the costs of internal
'country of destination ', by way of gift, with 5 000          transport, of insurance and the normal cost of selling
metric tons of common wheat.                                   the product on the market of the country of destina­
                                                               tion, shall be paid into a special account at the
                        Article II                             Central Bank of that country and allocated to the
                                                               financing of one or more development schemes
Deliveries will be made in new jute sacks with a net           proposed by the country of destination and approved
weight of 50 kg each cif to African ports of unloading.        by the Community.
                        Article III
The obligations and responsibilities of the Commu­                                    A rticle VI
nity and of the country of destination relating to
delivery and receipt are defined in the Annex, which
forms an integral part of this Agreement.                      The Contracting Parties undertake to implement this
                                                               Agreement in such a way as to avoid any prejudice to
                        Article IV                             the normal structure of domestic production and
                                                               international trade . To this end they shall take any
The country of destination undertakes to make all              measures required to ensure that aid supplies are in
necessary arrangements for the transport and insur­            addition to, and do not replace, commercial transac­
ance of the product from ports of unloading to places          tions which might reasonably be expected in the
of destination .                                               absence of such supplies. In particular, the country of
                                                               destination undertakes to import commercially from
                         Article V                             whatever source between 1 July 1974 and 30 June
                                                               1975 a minimum quantity of 87 000 metric tons of
The country of destination undertakes to use the               common wheat, or its equivalent in common wheat
product received as aid for purposes of consumption            flour.
 ---pagebreak--- No L 259/20                         Official Journal of the European Communities                              7. 10. 75
                       A rticle VII                           2. every three months until the quantities received as
                                                                  aid have been fully used : quantities sold, manner
The country of destination shall take all appropriate             of sale, selling prices ; normal selling costs on the
measures to prevent :
                                                                  market of the country of destination ;
— the re-export of the product received as aid and of         3 . on 15 January every year until the special account
     products and by-products resulting from such                 has been fully used :
     supplies ;
                                                                  (a) state of this account (deposits and withdrawals)
— the export, commercially or otherwise, within six                   as at 31 December of the preceding year ;
     months of the last delivery, either of local produce         (b) progress achieved in the project or projects,
     of the same nature as that received as aid or of any             with an indication of the total amount of
     products and by-products resulting from it.                      financing carried out at that stage.
                      Article VIII
                                                                                      Article IX
The country of destination undertakes to inform the
                                                              At the request of either of them, the Contracting
Community of the mode of implementation of this
Agreement. To this end it shall provide the Commis­           Parties shall consult each other on any questions
sion of the European Communities with the following           concerning the implementation of this Agreement.
information :
                                                                                       Article X
1 . not later than 30 days after the discharge of each
    cargo : port and date of arrival of the vessel ; nature,  This Agreement shall be drawn up in duplicate in
    quantity and quality of the products discharged ;         Danish, Dutch, English , French, German and Italian,
    date on which discharge was completed ;                   each of these texts being authentic.
 ---pagebreak--- 7 . 10 . 75                          Official Journal of the European Communities                               No L 259 / 21
                                                            ANNEX
                                     PROCEDURES FOR DELIVERY AND RECEIPT
                          Article 1                                                        Article 3
Delivery shall be effected and all risk shall pass from the     The Community shall inform the country of destination of
Community to the country of destination at the moment at        the ship's estimated date of arrival at the port of discharge at
which the goods are actually taken in charge in the ship's      least 10 clear days before that date .
hold at the port of discharge .
                                                                It shall have inserted in the charter party an undertaking by
The country of destination shall bear all costs subsequent to   the captain to give the country of destination at least 72
delivery of the goods, including the costs of discharge (such   hours' notice of the probable date of the ship's arrival in the
as breaking bulk, hoisting, taking delivery) as well as any     port of discharge .
lighterage costs . .
                                                                                           Article 4
Any demurrage or dispatch money at the port of discharge
shall be borne by or paid to the country of destination . The   On delivery of the cargo, an allowance of 5 % less than the
rates and conditions of payment laid down in the contract       quantity laid down under Article I of the Agreement shall be
between the authorized agent of the Community referred to       permitted .
in Article 5 and the carrier must have been agreed in
advance between that agent and the receiving agent of the
                                                                                           Article 5
country of destination referred to in Article 5 .
                                                                To implement this Annex , the Community shall appoint an
                          Article 2                             authorized agent whose name and address it shall make
                                                                known in good time to the country of destination .
The Community shall forward to the country of destination ,
as soon as possible after the goods have been shipped , a       At each port of discharge the country of destination shall
notice giving the name of the ship , the date of loading, the   nominate a receiving agent whose name and address it shall
quantity and quality of the goods on loading and the port of    make known to the Community before the Agreement is
discharge .                                                     implemented .
               Information concerning the signing of the Agreement between the European
               Economic Community and the Republic of Zambia on the supply of food aid
               The Agreement between the European Economic Community and Zambia on the supply
               of common wheat as food aid, which the Council decided to conclude on 10 July 1975,
               was signed in Brussels on 15 July 1975, on behalf of the Council of the European
               Communities by :
               Mr Enrico Macchia, Minister Plenipotentiary, Chairman of the Committee of Deputy
               Permanent Representatives and Mr Corrado Cornelli , Director in the Directorate Opera­
               tions of the Commission of the European Communities ;
               and on behalf of the Republic of Zambia by : Mr E. C. Chibwe, Ambassador of the Repu­
               blic of Zambia in Belgium .
 ---documentbreak--- NA ---documentbreak--- 7 . 10 . 75                          Official Journal of the European Communities                               No L 259 / 21
                                                            ANNEX
                                     PROCEDURES FOR DELIVERY AND RECEIPT
                          Article 1                                                        Article 3
Delivery shall be effected and all risk shall pass from the     The Community shall inform the country of destination of
Community to the country of destination at the moment at        the ship's estimated date of arrival at the port of discharge at
which the goods are actually taken in charge in the ship's      least 10 clear days before that date .
hold at the port of discharge .
                                                                It shall have inserted in the charter party an undertaking by
The country of destination shall bear all costs subsequent to   the captain to give the country of destination at least 72
delivery of the goods, including the costs of discharge (such   hours' notice of the probable date of the ship's arrival in the
as breaking bulk, hoisting, taking delivery) as well as any     port of discharge .
lighterage costs . .
                                                                                           Article 4
Any demurrage or dispatch money at the port of discharge
shall be borne by or paid to the country of destination . The   On delivery of the cargo, an allowance of 5 % less than the
rates and conditions of payment laid down in the contract       quantity laid down under Article I of the Agreement shall be
between the authorized agent of the Community referred to       permitted .
in Article 5 and the carrier must have been agreed in
advance between that agent and the receiving agent of the
                                                                                           Article 5
country of destination referred to in Article 5 .
                                                                To implement this Annex , the Community shall appoint an
                          Article 2                             authorized agent whose name and address it shall make
                                                                known in good time to the country of destination .
The Community shall forward to the country of destination ,
as soon as possible after the goods have been shipped , a       At each port of discharge the country of destination shall
notice giving the name of the ship , the date of loading, the   nominate a receiving agent whose name and address it shall
quantity and quality of the goods on loading and the port of    make known to the Community before the Agreement is
discharge .                                                     implemented .
               Information concerning the signing of the Agreement between the European
               Economic Community and the Republic of Zambia on the supply of food aid
               The Agreement between the European Economic Community and Zambia on the supply
               of common wheat as food aid, which the Council decided to conclude on 10 July 1975,
               was signed in Brussels on 15 July 1975, on behalf of the Council of the European
               Communities by :
               Mr Enrico Macchia, Minister Plenipotentiary, Chairman of the Committee of Deputy
               Permanent Representatives and Mr Corrado Cornelli , Director in the Directorate Opera­
               tions of the Commission of the European Communities ;
               and on behalf of the Republic of Zambia by : Mr E. C. Chibwe, Ambassador of the Repu­
               blic of Zambia in Belgium .