CELEX: 
Language: en
Date: 1973-12-06 00:00:00
Title: Council Decision of 6 November 1973 concluding the Agreement between the European Economic Community and the Arab Republic of Egypt on the supply of flour of common wheat as food aid #Agreement between the European Economic Community and the Arab Republic of Egypt on the supply of flour of common wheat as food aid

No L 336/ 6                      Official Journal of the European Communities                            6 . 12. 73
                                             COUNCIL DECISION
                                              of 6 November 1.972
             concluding the Agreement between the European Economic Community and
              the Arab Republic of Egypt on the supply of flour of common wheat as food aid
                                                  (73/364/ EEC)
THE COUNCIL OF THE EUROPEAN                                 HAS DECIDED AS FOLLOWS :
COMMUNITIES,
                                                                                  Article 1
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 113,         The Agreement between the European Economic
114 and 228 thereof ;                                       Community and the Arab Republic of Egypt on the
                                                            supply of flour of common wheat as food aid, the text
Having regard to the Recommendation from the                of which is annexed hereto, is hereby concluded on
Commission ;                                                behalf of the Community.
Whereas the European Economic Community has
deposited a Declaration of provisional application of                             Article 2
the 1971 Food Aid Convention ; whereas that Conven­
tion has been applicable since 1 July 1971 ;                The President of the Council is hereby authorized to
                                                            designate the persons empowered to sign the Agree­
Whereas by its letter of 23 November 1971 and 23            ment and to confer on them the necessary powers to
August 1972, the Arab Republic of Egypt has                 bind the Community.
requested food aid ;
Whereas in view of the cereal supply situation ' in
Egypt that country should be accorded, by way of gift,
20 000  metric tons of common wheat under the               Done at Brussels, 6 November 1973 .
Community Food Aid Programme for 1971 /7-2, and                                        For the Council
13 000 metric tons of soft wheat for the 1972/ 73
programme . The amount of 33 000 metric tons of soft                                     The President .
wheat will be provided in the form of 21 854 metric
tons of flour of soft wheat,                                                            I. N0RGAARD
 ---documentbreak--- 6 . 12 . 73                         Official Journal of the European Communities                          No L 336/7
                                                    AGREEMENT
             between the European Economic Community and the Arab Republic of Egypt 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 ARAB REPUBLIC OF EGYPT,
              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 ARAB REPUBLIC OF EGYPT :
             WHO HAVE DECIDED AS FOLLOWS :
                         Article I                                                     Article IV
                                                               The recipient country undertakes to make all
The European Economic Community, hereinafter                   necessary arrangements for the transport and insur­
called the 'Community' shall supply the Arab                   ance of the product from ports of shipment to
Republic of Egypt, hereinafter referred to as the              places of destination .
'recipient country' by way of a gift with a quantity
of 33 000 metric tons of soft wheat of which 20 000            It undertakes to exercise the greatest possible care
tons forming part of the Community's Food Aid                  to ensure that the tendering arrangements for the
Programme in Cereals for 1971 /72 and 13 000 tons              transport by sea are not prejudicial to the free play
of the 1972/73 programme, the 33 000 metric tons               of fair competition . Any problems arising in this
being provided in the form of 21 854 metric tons               connection shall be the subject of consultations
of flour of soft wheat.                                        under Article IX .
                                                                                        Article V
                         Article II
                                                               The recipient country undertakes to use the product
                                                               received as aid for purposes of consumption and to
Deliveries will be made fob at Community ports,                apply, for the sale of . the product on its market, the
in new jute sacks each weighing 67-485 kilogrammes             prices normally charged on that market for products
net .                                                          of comparable quality.
                                                               The proceeds from this sale, less the cost of sea
                        Article III                            transport, insurance and the normal cost of selling
                                                               the product on the recipient country's market, shall
The obligations and responsibilities of the Com­               be paid into a special account at the Central Bank
munity and of the recipient country relating in                of that country and allocated to the financing of
particular to delivery and the taking of delivery              one or more development schemes which shall have
respectively are defined in the Annex, which forms             been proposed by the recipient country and approved
an integral part of this Agreement.                            by the Community.
 ---pagebreak---  No L 336/ 8                           Official Journal of the European Communities                                6 . 12 . 73
                         Article VI                                 mission of the European Communities with the
                                                                    following information :
 The Contracting Parties undertake to implement this
 Agreement in such a way as to avoid any prejudice                  1 . not later than 30 days after the unloading of each
 to the normal structure of domestic production and                      cargo ; port and date of arrival of the vessel ;
 international trade. To this end they shall take any                     nature, quantity and quality of the products
 measures required to ensure that ai'd supplies are                      unloaded, date on which unloading was com­
 in addition to, and do not replace, commercial trans­                   pleted ;
 actions which might reasonably be expected in the
 absence of such supplies. In particular, the recipient             2. every three months until the quantities received
 country undertakes to import commercially from                          as aid have been fully used ; quantities sold,
 whatever source between 1 July 1973 and 30 June                        how they have been sold, selling prices ; normal
 1974 a minimum quantity of 1 700 000 metric tons                       selling costs on the recipient country's market ;
 of soft wheat or its equivalent in flour of soft wheat.
                                                                    3 . on 15 January every year until the special account
                                                                        has been fully used :
                         Article Vll
                                                                        ( a ) state of this account ( lodgments 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,
                                                                              with an indication of the total amount of
— the re-export of the product received as aid and                            financing carried out at that stage.
    of products resulting from such supplies ;
— the export, commercially or otherwise, within 6                                            Article IX
    months of the last delivery, either of soft wheat
    produced locally and of the same nature as that                At the request of either of them, the Contracting
    used to produce the flour received as aid or of                Parties shall consult each other on any question
    any products resulting from it.                                concerning the implementation of this Agreement.
                                                                                              Article X
                        Article VIII '
                                                                   This Agreement shall be drawn up in duplicate in
The recipient country undertakes to inform the                     the Danish, Dutch, English, French, German and
Community of the mode of implementation of this                    Italian languages, each of these texts being equally
Agreement. To this end it shall provide the Com­                   authentic .
                                                         ANNEX
                                    Provisions laid down in Article III of the Agreement
                                                         Article 1
            Delivery shall be effected and all risk shall pass from the Community to the country of
            destination at the moment at which the goods have been placed in the ship's hold at the
            port of shipment.
            The country of destination shall bear all costs subsequent to delivery of the goods, including
            costs of stowage and, where appropriate, of trimming and bagging.
 ---pagebreak--- 6 . 12 . 73                          Official Journal of the European Communities                         No L 336/9
            Any demurrage or dispatch money at the port of shipment shall be a charge on or for the
            benefit of the Community and shall be determined before the vessel sails. The rates and
            detailed arrangements relating thereto laid down in the contract between the country of
            destination and the carrier must have been agreed upon in advance by the agent of the
            country of destination and the authorized agent of the Community referred to in Article 9 .
                                                           Article 2
            The Community shall notify the country of destination dn good time of the port or ports
            of shipment, the quantities to be delivered at each port, the period within which loading
            must begin and the daily loading rate.
                                                           Article 3
            The Community must be prepared to load the goods on the date resulting from the provi­
            sions of Article 8 , where on the vessel should be ready for loading.
                                                           Article 4
            On delivery of the goods, a tolerance of 5 °/o less than the quantity to be supplied in
            accordance with Article I of the Agreement is permitted .
                                                           Article 5
            Once the goods are on board the vessel, the Community shall notify che country of destina­
            tion of the date of loading, together with the quantity and quality of the goods as recorded
            on loading.
                                                           Article 6
            The country of destination shall supply the Community, wi'thin the period referred to " in
            Article 2, with a vessel of dimensions corresponding to the normal loading potential of
            the port of shipment.
            Should it prove impossible for the vessel to begin loading within the period referred to
            in Article 2 and should the country of destination not have notified the Community of this
            fact in writing at the latest by the date on which the vessel should be ready for loading dn
            accordance with Article 8, che goods shall be at the disposal of the Community.
            Whatever the circumstances, the goods shall be held at the expense, risk and peril of the
            country of destination .
                                                           Article 7
            Should the country of destination fail to provide a vessel of suitable tonnage or if the
            quantity made available for loading on a vessel of suitable tonnage cannot be loaded in
            its entirety because of circumstances beyond the control of the Community, the balance
            shall be loaded onto the next vessel under the conditions laid down in this Annex .
            In this event, until the date of loading of the balance or until the country of destination
            gives notice in writing that it gives up the balance, the goods shall be held at the expense,
            risk and peril of the country of destination .
            The country of destination must notify the Community of the date on which loading of
            the balance is due to begin or of its renunciation of this balance within a maximum period
            of 30 clear days from the beginning of loading of the shipment to which the goods should
            have belonged.
 ---pagebreak--- No L 336/ 10                          Official Journal of the European Communities                         6 . 12 . 73
                                                            Article 8
             The country of destination shall name for the Community the vessel that is to ship the
             goods ait least 10 clear days prior to the estimated date of arrival of the vessel in port
             or, where possible, 20 clear days prior to this date, and shall at the same time indicate how
             soon after tihat date the vessel will be ready for loading.
             The country of destination shall insert in the charter party a clause requiring the captain
             to inform the Community at least 72 hours in advance of the vessel's estimated date of
             arrival in port.
                                                            Article 9
             To implement the provisions of this Annex, the Community shall appoint an authorized
            agent, whose name and address it shall make known in good time to the country of destination.
             The country of destination shall nominate a receiving agent in each port of shipment,
            whose name and address it shall make known, to the Community before the Agreement is
            implemented .
            Information on the signing of the Agreement on the supply of food aid between the
                           European Economic Community and the Arab Republic of Egypt
            The Agreement between the European Economic Community and the Arab Republic
            of Egypt
            on the supply of common wheat flour as food aid which the Council decided to con­
            clude on 6 November 1973 was signed in Brussels on 6 November 1973
            on behalf of the Council of the European Communities by Mr Niels Ersboll, Am­
           bassador Extraordinary and Plenipotentiary, Chairman of the Permanent Represen­
            tatives Committee, and Mr Hans-Broder Krohn, Director General for Development
           and Co-operation of the Commission of the European Communities ;
           and on behalf of the Arab Republic of Egypt by Mr Aly Hamdy Hussein , Ambassa­
           dor Extraordinary and Plenipotentiary, Head of that country's Mission to the Euro­
           pean Communities.
 ---documentbreak--- NA ---documentbreak--- No L 336/ 10                          Official Journal of the European Communities                         6 . 12 . 73
                                                            Article 8
             The country of destination shall name for the Community the vessel that is to ship the
             goods ait least 10 clear days prior to the estimated date of arrival of the vessel in port
             or, where possible, 20 clear days prior to this date, and shall at the same time indicate how
             soon after tihat date the vessel will be ready for loading.
             The country of destination shall insert in the charter party a clause requiring the captain
             to inform the Community at least 72 hours in advance of the vessel's estimated date of
             arrival in port.
                                                            Article 9
             To implement the provisions of this Annex, the Community shall appoint an authorized
            agent, whose name and address it shall make known in good time to the country of destination.
             The country of destination shall nominate a receiving agent in each port of shipment,
            whose name and address it shall make known, to the Community before the Agreement is
            implemented .
            Information on the signing of the Agreement on the supply of food aid between the
                           European Economic Community and the Arab Republic of Egypt
            The Agreement between the European Economic Community and the Arab Republic
            of Egypt
            on the supply of common wheat flour as food aid which the Council decided to con­
            clude on 6 November 1973 was signed in Brussels on 6 November 1973
            on behalf of the Council of the European Communities by Mr Niels Ersboll, Am­
           bassador Extraordinary and Plenipotentiary, Chairman of the Permanent Represen­
            tatives Committee, and Mr Hans-Broder Krohn, Director General for Development
           and Co-operation of the Commission of the European Communities ;
           and on behalf of the Arab Republic of Egypt by Mr Aly Hamdy Hussein , Ambassa­
           dor Extraordinary and Plenipotentiary, Head of that country's Mission to the Euro­
           pean Communities.