CELEX: 21974A0628(01)
Language: en
Date: 1974-06-27 00:00:00
Title: Agreement between the European Economic Community and the Republic of Peru on the supply of common wheat as food aid

No L 219/20                          Official Journal of the European Communities                                9 . 8 . 74
                                                    AGREEMENT
             between the European Economic Community and the Republic of Peru 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 PERU,
              of the other part,
              HAVE DECIDED to conclude this Agreement and to this end have designated as their Pleni­
              potentiaries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE GOVERNMENT OF THE REPUBLIC OF PERU :
             WHO HAVE AGREED AS FOLLOWS :
                          Article 1                             the product from ports of shipment to places of
                                                                destination .
As part of its Food Aid Programme (Cereals ) for
1972/73 , the European Economic Community, herein­
after referred to as the 'Community', shall supply              It undertakes to exercise the greatest possible care to
the Republic of Peru, hereinafter referred to as the            ensure that the tendering arrangements for the trans­
'recipient country', by way of a gift, with 15 000              port by sea shall not be prejudicial to the free play of
metric tons of common wheat.                                    fair competition. Any problems arising in this con­
                                                                nection shall be the subject of consultations under
                                                                Article IX.
                         Article II
Deliveries will be made in bulk fob to Community
                                                                                       Article V
ports .
                                                                The recipient country undertakes to use the product
                         Article III
                                                                received as aid for purposes of consumption and to
                                                                apply, for the sale of the product on its market, the
The obligations and responsibilities of the Com­                prices normally charged on that market for products
munity and of the recipient country relating in par­            of comparable quality.
ticular to delivery and the taking of delivery respect­
ively are defined in the Annex, which forms an
integral part of this Agreement.                                The proceeds from this sale, less the costs of sea
                                                                transport, of insurance and the normal cost of selling
                                                                the product on the recipient country's market, shall
                         Article IV                             be paid into a special account at the Central Bank
                                                                of that country and allocated to the financing of one
The recipient country undertakes to make all necess­            or more development schemes proposed by the
ary arrangements for the transport and insurance of             recipient country and approved by the Community.
 ---pagebreak---  9 . 8 . 74                           Official Journal of the European Communities                              No L 219/21
                         Article VI                               Agreement. To this end it shall provide the Com­
                                                                  mission of the European Communities with the
The Contracting Parties undertake to implement                    following information :
this Agreement in such a way as to avoid any pre­
judice to the normal structure of domestic production             1 . not later than 30 days after the unloading of
and international trade. To this end they shall take                  each cargo : port and date of arrival of the vessel ;
any measures required to ensure that aid supplies                     nature, quantity and quality of the products
are in addition to, and to not replace, commercial                    unloaded; date on which unloading was com­
transactions which might reasonably be expected in                    pleted;
the absence of such supplies . In particular the
recipient country undertakes to import commercially               2. every three months until the quantities received
from whatever source between 1 July 1974 and                          as aid have been fully used: quantities sold, how
30 June 1975 a minimum quantity of 646 200 metric                     they have been sold, selling prices ; normal selling
tons of common wheat or its equivalent in flour of                    costs on the recipient country's market ;
common wheat.                                                    3 . on 15 January every year until the special account
                                                                      has been fully used :
                      Article VII                                     ( a) state of this account ( deposits and with­
                                                                           drawals ) on 31 December of the preceding
The recipient country shall take all appropriate                           year ;
measures to prevent :
                                                                      (b) progress achieved in the project or projects,
— the re-export of the product received as aid and                         with an indication of the total amount of
      of products and by-products resulting from such                      financing carried out at that stage.
      supplies ;
                                                                                           Article IX
— the export, commercially or otherwise, within six
      months of the last delivery, either of local pro­
      duce of the same nature as that received as aid             At the request of either of them, the Contracting
      or of any products and by-products resulting                Parties shall consult each other on any questions
      from it.                                                    concerning the implementation of this Agreement.
                                                                                           Article X
                        Article VIII
                                                                  This Agreement shall be drawn up in duplicate in the
 The recipient country undertakes to inform the Com­              Danish, Dutch, English, French, German and Italian
 munity of the mode of implementation of this                     languages, each of these texts being authentic.
                                                          ANNEX
                                    Provisions laid down in Article III of the Agreement
                          Article 1                              and detailed arrangements relating thereto laid down in
                                                                 the contract between the recipient country and the carrier
Delivery shall be effected and all risk shall pass from the      must have been agreed upon in advance by the agent of
Community to the recipient country at the moment at              the recipient country and the authorized agent of the
which the goods have been placed in the ship's hold at           Community referred to in Article 9 .
the port of shipment.
The recipient country shall bear all costs subsequent to
                                                                                           Article 2
delivery of the goods, including costs of stowage and,
where appropriate, of trimming and bagging.
                                                                 The Community shall notify the recipient country in good
Any demurrage or dispatch money at the port of shipment          time of the port or ports of shipment, the quantities to
shall be a charge on or for the benefit of the Community         be delivered at each port, the period within which loading
and shall be determined before the vessel sails . The rates      must begin, and the daily loading rate.
 ---pagebreak---  No L 219 /22                          Official Journal of the European Communities                                    9 . 8 . 74
                           Article 3                              onto the next vessel under the conditions laid down in
                                                                  this Annex .
The Community must be prepared to load the goods on
the date resulting from the instructions in Article 8 ,           In this event, until the date of loading of the balance or
whereon the vessel should be ready for loading.                   until the recipient country gives notice in writing that it
                                                                  gives up the balance, the goods shall be held at the
                          Article 4
                                                                  expense, risk and peril of the recipient country .
                                                                  The recipient country must notify the Community within
On delivery of the goods, a tolerance of 5 % less than            a maximum period of 30 clear days from the beginning
the quantity to be supplied in accordance with Article I          of loading of the shipment to which the goods should
of the Agreement is permitted.                                    have belonged, of the date on which loading of the
                                                                  balance is due to begin or of its renunciation of the
                          Article 5                               balance .
Once the goods are on board the vessel, the Community             If this obligation is not respected, the Community may
shall notify the recipient country of the date of loading,        consider that it has discharged its commitment to the
together with the quantity and quality of the goods as            recipient country under Article I of the Agreement.
recorded on loading.
                                                                                             Article 8
                          Article 6
                                                                  The recipient country shall name for thq Community the
The recipient country shall supply the Community, within          vessel that is to ship the goods at least 10 clear days prior
the period referred to in Article 2, with a vessel of             to the estimated date of arrival of the vessel in port or
dimensions corresponding to the normal loading potential          where possible 20 clear days prior to this date ; it shall
of the port of shipment.                                          at the same time indicate how soon after that date the
Should it prove impossible for the vessel to begin loading        vessel will be ready for loading .
within the period referred to in Article 2 and should the
recipient country not have notified the Community of              The recipient country shall insert in the charter party a
                                                                  clause requiring the captain to inform the Community
this fact in writing at the latest by the date on which the       at least 72 hours in advance of the vessel 's estimated date
vessel should be ready for loading in accordance with             of arrival in port .
Article 8 , the goods shall be at the disposal of the
Community .
                                                                                             Article 9
Whatever the circumstances, the goods shall be held at
the expense, risk and peril of the recipient country.             To implement the provisions of this Annex, the Commu­
                                                                  nity shall appoint an authorized agent, whose name and
                          Article 7                               address it shall make known in good time to the recipient
                                                                  country .
Should the recipient country fail to provide a vessel of
suitable tonnage or if the quantity made available for            The recipient country shall nominate a receiving agent in
loading on a vessel of suitable tonnage cannot be put on          each port of shipment, whose name and address it shall
board in its entirety because of circumstances beyond the         make known to the Community before the Agreement is
control of the Community, the balance shall be loaded             implemented .