CELEX: 21973A1220(01)
Language: en
Date: 1973-12-10 00:00:00
Title: Agreement between the European Economic Community and the Empire of Ethiopia on the supply of common wheat as food aid

25 . 2 . 74                          Official Journal of the European Communities                         No L 53/ 11
                                                      AGREEMENT
              between the European Economic Community and the Empire of Ethiopia on the supply
                                               of common wheat as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
             on the one part ,
             THE GOVERNMENT OF THE EMPIRE OF ETHIOPIA ,
              on the other ipart,
              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 EMPIRE OF ETHIOPIA :
             WHO HAVE AGREED AS FOLLOWS :
                         Article I                             ance of the delivered product from the ports of
                                                               discharge to the places of destination .
As part of its Food Aid Programme ( Cereals) for
the year 1972/73 , the European Economic Commu­
nity, hereinafter referred to as the 'Community ',                                    Article V
shall supply 5 000 metric tons of common wheat as
a gift to the Empire of Ethiopia hereinafter referred          The country of destination undertakes to use the
to as the 'country of destination '.                           product received as aid for purposes of consump­
                                                               tion and to distribute it free of charge to people in
                                                               need .
                        Article II
                                                                                      Article VI
Deliveries shall be made cif at the ports of
discharge of the country of destination, in new jute
bags each of a net weight of 50 kilogrammes .                  The Contracting Parties undertake to implement
                                                               this Agreement in such manner as to avoid any pre­
                                                               judice to the normal structure of domestic produc­
                        Article III                            tion and international trade. To this end they shall
                                                               take any measures required to ensure that aid
The obligations and responsibilities of the Commu­             supplies are in addition to, and do not replace,
nity and of the country of destination relating to             commercial transactions which might reasonably be
delivery and the taking of delivery are defined in             expected to take place in the absence of such
the Annex which forms and integral part of this                supplies .
Agreement.                                                                            Article VII
                        Article IV
The country of destination undertakes to make all              The country of destination shall take all appro­
necessary arrangements for the transport and insur­            priate measures to prevent :
 ---pagebreak--- No L 53 / 12                        Official Journal of the European Communities                                 25 . 2. 74
— the re-export of the product received as aid and                      discharged ;   date   on     which discharge    was
    of products and by-products derived from it ;                       completed ;
— the export, commercially or otherwise, within                     — every three months until the quantities received
    six months of the last delivery, either of the                      as aid have been fully used : the quantities distri­
    products obtained locally, of the same nature as                    buted, the number and type of recipients, and
    the products received as aid, or of any products                    the place and method of distribution .
    or by-products derived from them .
                                                                                            Article IX
                        Article VUI
                                                                    At the request of either of them, the Contracting
The country of destination undertakes to inform the                 Parties shall consult each other on any questions
Community as to how this Agreement is being                         concerning the implementation of this Agreement.
implemented. To this end, it shall provide the
Commission of the European Communities with the
                                                                                            Article X
following information :
— not more than 30 days after discharge of each                     This Agreement is drawn up in duplicate in the
    consignment : the port of date of ship's arrival ;              Danish, Dutch, English, French, German and Italian
    nature, quantity and quality of the product                     languages, each of these texts being 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 are actually taken in charge in the ship's hold
             at the port of discharge.
             The country of destination shall pay all costs subsequent to delivery of the goods, including
             the costs of discharge (breaking bulk, hoisting, taking delivery, for example) as well as any
             lighterage costs.
             Any demurrage or dispatch money at the port of discharge shall be borne by or paid to the
             country of destination. The rates and conditions of payment laid down in the contract
             between the authorized agent of the Community referred to in Article 5 and the carrier
             ir.ust have been agreed in advance between that agent and the receiving agent of the country
             of destination referred to in Article 5 .
                                                            Article 2
             The Community shall forward to the country of destination, as soon as possible after the
             goods have been shipped, a notice giving the name of the ship, the date of loading, the
             quantity and quality of the goods on loading and the port of discharge.
                                                            Article 3
             The Community shall inform the country of destination of the ship's estimated date of
             arrival at the port of discharge at least 10 clear days before that date.
             It shall have inserted in the charter party an undertaking by the captain to give the country
             of destination at least 72 hours' notice of the probable date of the ship's arrival in the port
             or discharge .
 ---pagebreak--- 25 . 2 . 74                      Official Journal of the European Communities                           No L 53 / 13
                                                       Article 4
            On delivery of the goods, a tolerance of 5 % less than the quantity to be supplied in
            accordance with Article I of the Agreement is permitted .
                                                       Article S
            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 appoint a receiving agent in each port of discharge, whose
            name and address it shall make known to the Community before the Agreement is imple­
            mented .
            Information on the signing of the Agreement between the European Economic
                        Community and the Empire of Ethiopia on the supply of food aid
            The Agreement between the European Economic Community and Ethiopia on the
            supply of common wheat as food aid, which the Council decided to conclude on
            10 December 1973 , was signed in Brussels on 20 December 1973 , by
            Mr Niels Ersboll, Ambassador Extraordinary and Plenipotentiary, Chairman of the
            Permanent Representatives Committee, and
            Mr Hans-Broder Krohn, Director-General for Development and Cooperation at the
            Commission of the European Communities, on behalf of the Council of the European
            Communities, and by
            Mr Michael Imru, Ambassador Extraordinary and Plenipotentiary, Head of the Mission
            of Ethiopia to the European Communities on behalf of the Ethiopian Government.