CELEX: 21974A1214(03)
Language: en
Date: 1974-10-21 00:00:00
Title: Agreement between the European Economic Community and the Arab Republic of Yemen on the supply of common wheat as food aid

No L 335/ 12                         Official Journal of the European Communities                            14. 12. 74
                                                      AGREEMENT
              between the European Economic Community and the Arab Republic of Yemen on the
                                         supply of common wheat as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
              of the one part,
              THE GOVERNMENT OF THE ARAB REPUBLIC OF YEMEN,
              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 YEMFN :
               WHO HAVE AGREED AS FOLLOWS :
                          Article I                              insurance of the product from point of delivery to
                                                                 places of destination.
As part of its food-aid programme (cereals) for
 1973 /74,   the   European       Economic     Community,        It undertakes to exercise the greatest possible care to
hereinafter referred to as the ' Community', shall               ensure that the tendering arrangements for the
supply the Arab Republic of Yemen, hereinafter                   transport by sea shall not be prejudicial to the 'free
 referred to as the 'country of destination', by way of          play of fair competition. Any problems arising in
 gift, with 10 000 metric tons of common wheat.                  this connection shall be 'the subject of consultations
                                                                 under Article VIII.
                         Article II
                                                                                        Article IV
 Deliveries will be made in bulk fob in accordance               The country of destination undertakes to use the
 with the detailed rules set out in the Annex which is
                                                                 product received as aid for purposes of consumption
 an integral part of this Agreement.                             and to apply, for the sale of the product on its
                                                                 market, the prices normally charged on that market
                         Article III                             for products of comparable quality.
The country of destination undertakes to make all                The proceeds from this sale shall be paid into a
necessary arrangements for the transport and                     special account at the central bank of that country
 ---pagebreak--- 14. 12. 74                         Official Journal of the European Communities                             No L 335/ 13
and allocated to the financing of one or more                 Commission of the European Communities with the
development     schemes    in  accordance     with  the       following information :
procedure to be agreed between the recipient country
and the Community.                                             1 . immediately after the discharge of each cargo :
                                                                   port and date of arrival of vessel ; nature,
                       Article V
                                                                   quantity and any observations as to the quality
                                                                   of the product discharged; date on which
                                                                   discharge was completed ; costs of sea transport
The Contracting Parties undertake to implement this                and of insurance relating thereto ;
Agreement in such a way as to avoid any prejudice
to the normal structure of domestic production and             2. every three months until the quantities received
international trade. To this end they shall take any               as aid have been fully used : quantities sold, how
measures required to ensure that aid supplies are in               they have been sold ; selling prices ; normal selling
addition to, and do not replace, commercial                        costs on the market of the country of destination;
transactions which might reasonably be expected in                 insurance costs and, where appropriate, transport
the absence of such supplies. In particular, the                   costs from the port of discharge to the places of
country of destination undertakes to import                        destination ;
commercially from whatever source between 1 July
1974 and 30 June 1975 a minimum quantity of
100 300 metric tons of common wheat, or its                   3 . on 15 January every year until the special
equivalent in flour of common wheat.                               account has been fully used :
                                                                   ( a) state of this account ( deposits and
                                                                        withdrawals) on 31 December of the preceding
                       Article VI
                                                                        year ;
The country of destination shall take all appropriate              (b) progress achieved in the project or projects,
measures to prevent :                                                   with an indication of the total amount of
                                                                        financing carried out at that stage.
— the re-export of the product received as aid and
    of products resulting from such supplies ;
                                                                                      Article VIII
— the export, commercially or otherwise, within six
    months of the last delivery, either of local
    produce of the same nature as that used to                At the request of either of them, the . Contracting
    produce the flour received as aid or of any               Parties shall consult each other on any questions
    products or by-products resulting from it.                concerning the implementation of this Agreement.
                       Article VII                                                      Article IX
The country of destination undertakes to inform the           This Agreement shall be drawn up in duplicate in
Community of the mode of implementation of this               the Danish, Dutch, English, French, German and
Agreement. To this end it shall provide the                   Italian languages, each of these texts being authentic.
 ---pagebreak--- No L 335/ 14                          Official Journal of the European Communities                                 14. 12. 74
                                                          ANNEX
                                                  DELIVERY PROCEDURES
                                                                 schedule laid down in Article 7, all costs arising for the
                        CHAPTER I
                                                                 country of destination — for example, demurrage, void
                                                                 freight and dead freight — shall be borne by the
                     General provisions                           Community.
                                                                 The charges and the arrangements relating to demurrage
                          Article 1
                                                                 laid down in the contract concluded between the country
                                                                 of destination and the carrier must have previously been
Delivery shall be effected and all risk shall pass from the      agreed by the country of destination and the agent of the
Community to the country of destination at the moment            Community.
 at which the goods are put down at the point of
exportation named by the Commission of the European              The other costs referred to in the first paragraph shall be
Communities at the berth specified by the country of             refunded by the Community only if they have been paid
destination or its agent referred to in Article 3 and under      by the country of destination with the approval of the
the terms specified in this Annex. Without prejudice to          Community.
Articles 8 and 9 the Community shall bear all costs prior
to delivery and the country of destination those after
delivery.                                                                                   Article 6
                          Article 2                              Where it is impossible for the Community to supply all
                                                                 or part of the goods on the date and within the time
                                                                 limits provided for in Article 7, the agents of the
On delivery of the goods, a tolerance of 5 °/o less than         Community and of the country of destination may,
the quantity to be supplied in accordance with Article I         without prejudice to Article 5, agree on a new date and
of the Agreement is permitted.                                   a new time limit for the delivery of all the goods or of the
                                                                 undelivered part thereof.
                          Article 3
                                                                                        CHAPTER III
For the purpose of implementing the provisions of this
Annex the Community shall appoint — if necessary for
each consignment — an agent whose name and address it                      Obligations of the country of destination
shall make known to the country of destination
immediately following his appointment. For each port of
shipment the country of destination shall appoint an                                        Article 7
agent whose name and address it shall make known to
the Community with all dispatch and if possible before           After contacting the Community, the country of
the appointment of the agent of the Community.                   destination shall procure, to transport all the quantities
                                                                 provided for in Article I of the Agreement, one or more
                                                                 vessels of dimensions corresponding to the normal
                          Article 4                              capacity of the port of shipment; these vessels must be
                                                                 ready for loading on a date falling within the period
Before implementing . the procedure for appointing the           referred to in Article 4.
agent of the Community referred to in Article 3, the
Commission of the European Communities and the                   The agent of the country of destination shall inform the
country of destination shall establish by joint agreement        Community of this date and of the date for
the period during which delivery must begin.                     commencement of delivery as soon as he knows them, if
                                                                 possible 20 clear days in advance and in any case 10
                                                                 clear days before the date for commencement of delivery.
                       CHAPTER II
                                                                 He shall establish with the agent of the Community the
             Obligations of the Community                        schedule according to which delivery shall take place.
                          Article 5                                                         Article 8
Where the Community is not in a position to carry out            Where the country of destination is unable to begin
delivery on the date, and, if applicable, according to the       loading on the date provided for in the first paragraph of
 ---pagebreak--- 14. 12 . 74                          Official Journal of the European Communities                            No L 335 / 15
Article 7, the agent of the country of destination shall        In the former case the second and third paragraphs of
inform the agent of the Community without delay .               Article 8 shall apply to the balance, if delivery has not
                                                                yet taken place.
In this event the agents of the Community and of the
country of destination may agree on a new date for the          In the latter case the Community may consider that it has
commencement of delivery and, if applicable, a new              discharged its commitment to the country of destination
schedule. The costs arising from the delay in loading           under Article I of this Agreement and shall bear the costs
shall in all cases except force majeure be borne by the         resulting from renunciation.
country of destination.
                                                                In any event, after an interval of 15 clear days and in the
Should the new date provided for in the second paragraph        absence of any notice on the part of the country of
be more than 30 clear days after the date for loading           destination , renunciation shall be deemed to have taken
provided for in the first paragraph of Article 7, the           place .
Community may dispose of the goods without prejudice
to its commitment under Article I of this Agreement.
                                                                                          Article 10
                         Article 9
                                                                Upon delivery of the goods, the country of destination
Where the quantity made available for loading on a              shall hand over to the authorized agent of the Community
vessel cannot be loaded on board in its entirety, the           a certificate of acceptance which shall set out the port of
country of destination shall inform the Community as            shipment, date of acceptance and the nature and quantity
soon as possible, and no later than 15 clear days after         of the goods accepted, together with any comments on
loading has been completed , whether it intends to accept       the quality of the goods. A copy of the certificate shall
or to renounce the balance .                                    be sent to the Commission of the European Communities.
              Information on the signing of the Agreement between the European Economic Community
                             and the Arab Republic of Yemen on the supply of food aid
              The Agreement between the European Economic Community and Yemen on the supply
              of common wheat as food aid, which the Council decided to conclude 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, Chairma
              of the Permanent Representatives Committee, and
              Mr Hans-Broder Krohn, Director-General for Development and Cooperation of the
              Commission of the European Communities ,
              and on behalf of the Government of Yemen by :
              Mr Ahmed Kard Barakat, Ambassador Extraordinary and Plenipotentiary, Head of the
              Mission of Yemen to the European Economic Community.