CELEX: 21974A1024(02)
Language: en
Date: 1974-10-21 00:00:00
Title: Agreement between the European Economic Community and the Hashemite Kingdom of Jordan on the supply of flour of common wheat as food aid

No L 32/2                            Official Journal of the European Communities                                5 . 2 . 75
                                                       AGREEMENT
              between the European Economic Community and the Hashemite Kingdom of Jordan
                                    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 HASHEMITE KINGDOM OF JORDAN,
              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 HASHEMITE KINGDOM OF JORDAN :
              WHO HAVE AGREED AS FOLLOWS :
                          Article I                                                       Article IV
The European Economic Community, hereinafter
referred to as the 'Community', shall supply the                 The country of destination undertakes to use the
Hashemite Kingdom of Jordan, hereinafter referred                product received as aid for purposes of consumption
to as the 'country of destination', by way of gift,              and to distribute it free of charge to the refugee
with a quantity of 13 500 metric tons of common                  population.
wheat, of which 1 500 metric tons are attributable to
the   1970/71     Community        food-aid    programme                                  Article V
(cereals) and 12 000 metric tons to the 1973/74
programme, in the form of 8 940 metric tons of flour             The Contracting Parties undertake to implement this
of common wheat.                                                 Agreement in such a way as to avoid any prejudice
                                                                 to the normal structure of domestic production and
                        Article II
                                                                 international trade. To this end they shall take any
                                                                 measures required to ensure that aid supplies are in
Deliveries will be made fob in new cotton bags of a              addition to, and do not replace, commercial
net weight of 50 kg each, in accordance with the                 transactions which might reasonably be expected in
detailed rules set out in the Annex which forms an               the absence of such supplies. In particular, the
integral part of this Agreement.                                 country of destination undertakes to import
                                                                 commercially from whatever source between
                         Article III                              1 January 1974 and 31 December 1974 a minimum
                                                                 quantity of 19 100 metric tons of common wheat or
The country of destination undertakes to make all                its equivalent in flour of common wheat.
necessary arrangements for the transport and
insurance of the product from point of delivery to
places of destination.                                                                    Article VI
It undertakes to exercise the greatest possible care to
ensure that the tendering arrangements for the                   The country of destination shall take all appropriate
transport by sea shall not be prejudicial to the free            measures to prevent :
play of fair competition. Any problems arising in
this connection shall be the subject of consultations            — the re-export of the product received as aid and
under Article VIII.                                                   of products resulting from such supplies ;
 ---pagebreak--- 5 . 2 . 75                            Official Journal of the European Communities                               No L 32/3
— the export, commercially or otherwise, within six             2. every three months until the quantities received
      months of the last delivery, either of local                     as aid have been fully used : quantities
     produce of the same nature as that received as                    distributed ; number and nature of beneficiaries,
      aid or of any products resulting from it.                       places, rates and method of distribution.
                         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 question
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 4
                     General provisions                          Before implementing the procedure for appointing the
                                                                 agent of the Community referred to in Article 3, the
                           Article 1                             Commission of the European Communities and the
                                                                 country of destination shall establish by joint agreement
 Delivery shall be effected and all risk shall pass from the      the period during which delivery must begin.
 Community to the country of destination at the moment
 at which the goods are put down at the point of
 exportation named by the Commission of the European
 Communities at the berth specified by the country of
 destination or its agent referred to in Article 3 and under                              CHAPTER II
 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                      Obligations of the Community
 delivery.
                                                                                             Article 5
                            Article 2
                                                                  Where the Community is not in a position to carry out
 On delivery of the goods, a tolerance of 5 °/o less than         delivery on the date, and, if applicable, according to the
 the quantity to be supplied in accordance with Article I         schedule laid down in Article 7, all costs arising for the
  of the Agreement is permitted.                                  country of destination — for example, demurrage, void
                                                                  freight and dead freight — shall be borne by the
                                                                   Community.
                           Article 3
                                                                   The charges and the arrangements relating to demurrage
  For the purpose of implementing the provisions of this           laid down in the contract concluded between the country
  Annex the Community shall appoint — if necessary for            of destination and the carrier must have previously been
  each consignment — an agent whose name and address it           agreed by the country of destination and the agent of
  shall make known to the country of destination                   the Community.
  immediately following his appointment. For each port of
  shipment the country of destination shall appoint an agent      The other costs referred to in the first paragraph shall
  whose name and address it shall make known to the                be refunded by the Community only if they have been
  Community with all despatch and if possible before the           paid by the country of destination with the approval of
  appointment of the agent of the Community.                       the Community.
 ---pagebreak--- No L 32 /4 /                         Official Journal of the European Communities                                  5 . 2 . 75
                           Article 6                            schedule. Save in cases of force majeure, the costs arising
                                                                from the delay in loading shall be borne by the country
Where it is impossible for the Community to supply all          of destination.
or part of the goods on the date and within the time
limits provided for in Article 7, the agents of the             Should the new date provided for in the second paragraph
Community and of the country of destination may,                be more than 30 clear days after the date for loading
without prejudice to Article 5 , agree on a new date and       provided for in the first paragraph of Article 7, the
a new time limit for the delivery of all the goods or of        Community may dispose of the goods without prejudice
the undelivered part thereof.                                   to its commitment under Article I of this Agreement.
                        CHAPTER III
                                                                                           Article 9
          Obligations of the country of destination
                                                                Where the quantity intended for loading on a vessel
                           Article 7                            cannot be loaded on board in its entirety, the country
                                                                of destination shall inform the Community as soon as
After contacting the Community, the country of                  possible, and no later than 15 clear days after loading has
destination shall procure, to transport all the quantities      been completed, whether it intends to accept or to
provided for in Article I of the Agreement, one or more         renounce the balance.
vessels of dimensions corresponding to the normal
capacity of the port of shipment; these vessels must be         In the former case the second and third paragraphs of
ready for loading on a date falling within the period           Article 8 shall apply to the balance, if delivery has not
referred to in Article 4.                                       yet taken place.
The agent of the country of destination shall inform the        In the latter case the Community may consider that it
Community of this date and of the date for                      has discharged its commitment to the country of
commencement of delivery as soon as he knows them,              destination under Article I of thfs Agreement and shall
if possible 20 clear days in advance and in any case            bear the costs resulting from renunciation.
10 clear days before the date for commencement of
delivery.                                                       In any event, after an interval of 15 clear days and in the
He shall establish with the agent of the Community the          absence of any notice on the part of the country of
 schedule according to which delivery shall take place.         destination , renunciation shall be deemed to have taken
                                                                place.
                           Article 8
                                                                                           Article 10
 Where the country of destination is unable to begin
loading on the date provided for in the first paragraph         Upon delivery of the goods, the country of destination
 of Article 7, the agent of the country of destination shall    shall hand over to the authorized agent of the Community
 inform the agent of the Community without delay.               a certificate of acceptance which shall set out the port of
                                                                shipment, date of acceptance and the nature and quantity
 In this event the agents of the Community and of the            of the goods accepted, together with any comments on
 country of destination may agree on a new date for the          the quality of the goods. A copy of the certificate shall
 commencement of delivery and, if applicable, a new              be sent to the Commission of the European Communities.
                Information on the signing of the Agreement between the European Economic
                     Community and the Hashemite Kingdom of Jordan on the supply of food aid
                The Agreement between the European Economic Community and Jordan on the
                supply of flour of common wheat as food aid, which the Council decided to con­
                clude on 21 October 1974, was signed in Brussels on 24 October 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 Hashemite Kingdom of Jordan by:
                Mr Nijmeddin Dajani, Ambassador Extraordinary and Plenipotentiary, Head of the
                Mission of Jordan to the European Communities.