CELEX: 
Language: en
Date: 1974-10-10 00:00:00
Title: Council Decision of 23 September 1974 on the conclusion of the Agreement between the European Economic Community and the Republic of Sri Lanka on the supply of flour of common wheat as food aid #Agreement between the European Economic Community and the Republic of Sri Lanka on the supply of flour of common wheat as food aid

10 . 10 . 74                      Official Journal of the European Communities                     No L 275/ 19
                                              COUNCIL DECISION
                                              of 23 September 1974
             on the conclusion of the Agreement between the European Economic Commu­
             nity and the Republic of Sri Lanka on the supply of flour of common wheat as
                                                      food aid
                                                    (74/496/ 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 Conven­
             tion ;
             Whereas by its letter of 20 August 1973, the Republic of Sri Lanka has requested food
             aid ;
             Whereas in view of the cereal supply situation in Sri Lanka, that country should be
             accorded, by way of gift, 16 000 metric tons of common wheat in the form of 10 596
             metric tons of flour of common wheat under the Community food aid programme for
             1973/74,
             HAS DECIDED AS FOLLOWS :
                                                      Article 1
             The Agreement between the European Economic Cbmmunity and the Republic of Sri
             Lanka on the supply of flour of common wheat as food aid, the text of which is annexed
             to this Decision, is hereby concluded on behalf of the Community.
                                                      A rticle 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, 23 September 1974.
                                                                        For the Council
                                                                         The President
                                                                        Ch . PONCELET
 ---documentbreak--- No L 275/20                          Official Journal of the European Communities                             10 . 10 . 74
                                                      AGREEMENT
               between the European Economic Community and the Republic of Sri Lanka 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 REPUBLIC OF SRI LANKA,
               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 SRI LANKA :
               WHO HAVE AGREED AS FOLLOWS :
                          Article I                             fair competition . Any problems arising in this connec­
                                                                tion shall be the subject of consultations under Article
As part of its food aid programme (cereals) for                 VIII .
1973/74, the European Economic Community, here­
inafter referred to as the 'Community', shall supply
th,e Republic of Sri Lanka, hereinafter referred to as                                 Article IV.
the 'country of destination', by way of gift, with
 1 6 000 metric tons of common wheat, in the form of            The country of destination undertakes to use the
 10 596 metric tons of flour of common wheat.                   product received as aid for purposes of consumption
                                                                and to apply, for the sale of the product on its market,
                                                                the prices normally charged on that market for
                          Article II                            products of comparable quality.
 Deliveries will be made fob in new cotton bags of a            The proceeds from this sale shall be paid into a
net weight of 50 kg each, in accordance with the                special account at the Central Bank of that country
detailed rules set out in the Annex which is an inte­           and allocated to the financing of one or more develop­
gral part of this Agreement.                                     ment schemes in accordance with the procedure to-be
                                                                agreed between the recipient country and the Commu­
                                                                 nity.
                         Article III
The country of destination undertakes to make all                                       A rticle V
 neccssary arrangements for the transport and insur­
 ance of the product from point of delivery to places of        The Contracting Parties undertake to implement this
 destination .                                                   Agreement in such a way as to avoid any prejudice to
                                                                 the normal structure of domestic production and inter­
 It undertakes to exercise the greatest possible care to         national trade. To this end they shall take any
 ensure that the tendering arrangements for the trans­           measures required to ensure that aid supplies are in
 port by sea shall not be prejudicial to the free play of        addition to, and do not replace, commercial transac­
 ---pagebreak--- 10 . 10 . 74                        Official Journal of the European Communities                           No L 275 / 21
tions which might reasonably be expected in the                    discharged ; date on which discharge was
absence of such supplies. In particular, the country of            completed ; costs of sea transport and of insurance
destination undertakes to import commercially from                 relating thereto ;
whatever source between 1 July 1974 and 30 June
1975 a minimum quantity of 100 000 metric tons of              2. every three months until the quantities received as
common wheat or its equivalent in flour of common                  aid have been fully used : quantities sold, how they
wheat.                                                             have been sold, selling prices ; normal selling costs
                                                                   on the market of the country of destination ; insur­
                        Article VI
                                                                   ance costs and, where appropriate, transport costs
                                                                   from the port of discharge to the places of destina­
The country of destination shall take all appropriate              tion ;
measures to prevent :
                                                               3 . on 15 January every year until the special account
— the re-export of the product received as aid and of              had been fully used :
      products and by-products resulting from such                 (a) state of this account (deposits and withdrawals)
      supplies ;
                                                                       on 31 December of the preceding year ;
— the export, commercially or otherwise, within six
                                                                   (b) progress achieved in the project or projects,
      months of the last delivery, either of local produce             with   an  indication  of the   total amount    of
      of the same nature as that received as aid or of any
                                                                       financing carried out at that stage .
      products and by-products resulting from it.
                                                                                      Article VIII
                       Article VII
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                Parties shall consult each other on any questions
Agreement. To this end it shall provide the Commis­            concerning the implementation of this Agreement.
sion of the European Communities with the following
information :                                                                          Article IX
 1 . immediately after the discharge of each cargo : port      This Agreement shall be drawn up in duplicate in the
     and date of arrival of vessel ; nature, quantity and      Danish, Dutch, English , French , German and Italian
     any observations as to the quality of the product         languages, each of these texts being authentic .
 ---pagebreak--- No L 275/22                              Official Journal of the European Communities                                 10 . 10 . 74
                                                      DELIVERY PROCEDURES
                          CHAPTER I                                 The other costs referred to in the first subparagraph shall be
                                                                    refunded by the Community only if they have been paid by
                     General provisions                             the country of destination with the approval of the Commu­
                                                                    nity.
                             Article 1                                                          Article 6
Delivery shall be effected and all risk shall pass from the         Where it is impossible for the Community to supply all or
Community to the country of destination at the moment at            part of the goods on the date and within the time limits
which the goods are put down at the point of exportation            provided for in Article 7, the agents of the Community and
named by the Commission of the European Communities at              of the country of destination may, without prejudice to
the berth specified by the country of destination or its agent      Article 5, agree on a new date and a new time limit for the
referred to in Article 3 and under the terms specified in this      delivery of all the goods or of the undelivered part thereof.
Annex. Without prejudice to Articles 8 and 9 the Commu­
nity shall bear all costs prior to delivery and the country of
destination those after delivery.                                                            CHAPTER III
                             Article 2                                       Obligations of the country of destination
On delivery of the goods, a tolerance of 5 % less than the                                      Article 7
quantity to be supplied in accordance with Article I of the
Agreement is permitted .                                            After contacting the Community, the country of destination
                                                                    shall procure, to transport all the quantities provided for in
                                                                    Article I of the Agreement, one or more vessels of dimen­
                             Article 3
                                                                    sions corresponding to the normal capacity of the port of
                                                                    shipment ; these vessels must be ready for loading on a date
For the purpose of implementing the provisions of this              falling within the period referred to in Article 4.
Annex the Community shall appoint — if necessary for each
consignment — an agent whose name and address it shall              The agent of the country of destination shall inform the
make known to the country of destination immediately                Community of this date and of the date for commencement
following his appointment. For each port of shipment the            of delivery as soon as he knows them, if possible 20 clear
country of destination shall appoint an agent whose name            days in advance and in any case 10 clear days before the date
and address it shall make known to the Community with all           for commencement of delivery .
dispatch and if possible before the appointment of the agent
of the Community.                                                   He shall establish with the agent of the Community the sche­
                                                                    dule 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 Commission           Where the country of destination is unable to begin loading
of the European Communities and the country of destination          on the date provided for in the first subparagraph of Article
shall establish by joint agreement the period during which          7, the agent of the country of destination shall inform the
delivery must begin .                                               agent of the Community without delay.
                                                                    In this event the agents of the Community and of the
                                                                    country of destination may agree on a new date for the
                          CHAPTER II                                commencement of delivery and , if applicable, a new sche­
                                                                    dule . The costs arising from the delay in loading shall in all
              Obligations of the Community                          cases except force majeure be borne by the country of desti­
                                                                    nation .
                             Article 5
                                                                    Should the new date provided for in the second subpara­
Where the Community is not in a position to carry out
                                                                    graph be more than 30 clear days after the date for loading
                                                                    provided for in the first subparagraph of Article 7 , the
delivery on the date , and , if applicable , according to the sche­
                                                                    Community may dispose of the goods without - prejudice to
dule laid down in Article 7, all costs arising for the country
                                                                    its commitment under Article I of this Agreement.
of destination — for example, demurrage, void freight and
dead freight — shall be borne by the Community .
                                                                                                Article 9
The charges and the arrangements relating to demurrage laid
down in the contract concluded between the country of desti­        Where the quantity made available for loading on a vessel
nation and the carrier must have previously been agreed by          cannot be loaded on board in its entirety, the country of
the country of destination and the agent of the Community .         destination shall inform the Community as soon as possible,
 ---pagebreak--- 10 . 10 . 74                         Official Journal of the European Communities                               No L 275/ 23
and no later than 15 clear days after loading has been          In any event, after an interval of 15 clear days and in the
completed, whether it intends to accept or to renounce the     absence of any notice on the part of the country of destina­
balance .                                                      tion, renunciation shall be deemed to have taken place.
                                                                                         Article 10
In the former case the second and third subparagraphs of
Article 8 shall apply to the balance, if delivery has not yet  Upon delivery of the goods, the country of destination shall
taken place .                                                  hand over to the authorized agent of the Community a certifi­
                                                               cate of acceptance which shall set out the port of shipment,
In the latter case the Community may consider that it has      date of acceptance and the nature and quantity of the goods
discharged its commitment to the country of destination        accepted, together with any comments on the quality of the
under Article I of this Agreement and shall bear the costs     goods . A copy of the certificate shall be sent to the Commis­
resulting from renunciation .                                  sion of the European Communities .
               Information on the signing of the Agreement between the European Economic
                    Community and the Republic of Sri Lanka on the supply of food aid
               The Agreement between the European Economic Community and the Republic of Sri
               Lanka on the supply of flour of common wheat as food aid, which the Council decided to
               conclude on 23 September 1974, was signed in Brussels on 25 September 1974, on behalf
               of the Council of the European Communities by :
               Emile Cazimajou, Minister Plenipotentiary, Chairman of the Permanent Representatives
               Committee ( Deputies), and
               Mr Durieux, Director for Development and Cooperation , Commission of the European
               Communities,
               and on behalf of the Republic of Sri Lanka by :
               Mr J. R. Samaranayake, charge d'affaires ad intern) of that country's Mission to the Euro­
               pean Economic Community.
 ---documentbreak--- NA ---documentbreak--- 10 . 10 . 74                         Official Journal of the European Communities                               No L 275/ 23
and no later than 15 clear days after loading has been          In any event, after an interval of 15 clear days and in the
completed, whether it intends to accept or to renounce the     absence of any notice on the part of the country of destina­
balance .                                                      tion, renunciation shall be deemed to have taken place.
                                                                                         Article 10
In the former case the second and third subparagraphs of
Article 8 shall apply to the balance, if delivery has not yet  Upon delivery of the goods, the country of destination shall
taken place .                                                  hand over to the authorized agent of the Community a certifi­
                                                               cate of acceptance which shall set out the port of shipment,
In the latter case the Community may consider that it has      date of acceptance and the nature and quantity of the goods
discharged its commitment to the country of destination        accepted, together with any comments on the quality of the
under Article I of this Agreement and shall bear the costs     goods . A copy of the certificate shall be sent to the Commis­
resulting from renunciation .                                  sion of the European Communities .
               Information on the signing of the Agreement between the European Economic
                    Community and the Republic of Sri Lanka on the supply of food aid
               The Agreement between the European Economic Community and the Republic of Sri
               Lanka on the supply of flour of common wheat as food aid, which the Council decided to
               conclude on 23 September 1974, was signed in Brussels on 25 September 1974, on behalf
               of the Council of the European Communities by :
               Emile Cazimajou, Minister Plenipotentiary, Chairman of the Permanent Representatives
               Committee ( Deputies), and
               Mr Durieux, Director for Development and Cooperation , Commission of the European
               Communities,
               and on behalf of the Republic of Sri Lanka by :
               Mr J. R. Samaranayake, charge d'affaires ad intern) of that country's Mission to the Euro­
               pean Economic Community.