CELEX: 21974A0117(01)
Language: en
Date: 1974-01-14 00:00:00
Title: Agreement between the European Economic Community and the Democratic and Popular Republic of Algeria on the supply of common wheat as food aid

25 . 2 . 74                          Official Journal of the European Communities                           No L 53 /33
                                                     AGREEMENT
             between the European Economic Community and the Democratic and Popular Republic
                                 of Algeria on the supply of common wheat as food aid
             THE COUNCIL OF THE EUROPEAN COMMUNITIES,
             of the one part,
             THE GOVERNMENT OF THE DEMOCRATIC AND POPULAR REPUBLIC
             OF ALGERIA ,
             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 DEMOCRATIC AND POPULAR REPUBLIC
              OF ALGERIA :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                                                      Article IV
                                                                The recipient country undertakes to make all neces­
The European Economic Community, hereinafter                    sary arrangements for the transport and insurance
 referred to as the 'Community', shall supply the               of the product from ports of shipment to places of
Democratic and Popular Republic of Algeria, here­               destination .
inafter referred to as the 'recipient country', with
40 000 metric tons of common wheat, whereof
                                                                It undertakes to exercise the greatest possible care
 25 000 metric tons shall be supplied as a part of its          to ensure that the tendering arrangements for the
 Food Aid Programme ( Cereals) for 1971 /72, and
                                                                 transport by sea are not prejudicial to the free play
 15 000 metric tons under the 1972/73 programme.
                                                                of fair competition. Any problems arising in this
                                                                connection shall be the subject of consultations
                                                                 under Article IX .
                         Article II
                                                                                         Article V
 Deliveries will be made in bulk fob to Community
 ports .                                                        The recipient country undertakes to use the product
                                                                 received as aid for purposes of consumption and to
                        Article III                              apply , for the sale of the product on its market, the
                                                                 prices normally charged on that market for
                                                                 products of comparable quality.
 The obligations and responsibilities of the Commu­
 nity and of the recipient country relating in parti­            The proceeds from this sale, less the costs of sea
 cular to delivery and the taking of delivery­         arc       transport, of insurance and the normal cost of
 defined in the Annex, which forms an integral part              selling the product on the recipient country's
 of this Agreement.                                              market, shall be paid into a special account at the
 ---pagebreak--- No L 53 / 34                          Official journal of the European Communities                                 25 . 2 . 74
Algerian Treasury and allocated to the financing of               sion of the European              Communities    with     the
one or more development schemes proposed by the                    following information :
recipient country and approved by the Community.
                                                                   1 . not later than 30 days after the unloading of
                         Article VI
                                                                       each cargo : port and date of arrival of the
                                                                       vessel : nature, quantity and quality of the
The Contracting Parties undertake to implement                         products unloaded ; date on which unloading
this Agreement in such a way as to avoid any preju­                    was completed ;
dice to the normal structure df domestic production                2 . every three months until the quantities received
and international trade. To this end they shall take
                                                                       as aid have been fully used : quantities sold,
any measures required to ensure that aid supplies                      how they have been sold, selling prices ; normal
are in addition to, and do not replace, commercial                      selling costs on the recipient country's market ;
transactions which might reasonably be expected in
the absence of such supplies. In particular, the recip­            3 . on 15 January every year until the special
ient country undertakes to import commercially                          account has been fully used :
from whatever source between 1 July 1973 and 30
June 1974 a minimum quantity of 500 000 metric                         ( a ) state of this account ( deposits and with­
tons of common wheat or its equivalent in flour of                            drawals) on 31 December of the preceding
common wheat .                                                               year ;
                         Article VII                                    ( b) progress achieved in the project or projects,
                                                                              with an indication of the total amount of
The recipient country shall take all appropriate                              financing carried out at that stage.
 measures to prevent :
— the re-export of the product received as aid and                                            Article IX
      of products and by-products resulting from such
      supplies ;
                                                                    At the request of either of them, the Contracting
— the export, commercially or otherwise, within                     Parties shall consult each other on any questions
      six months of the last delivery , either of local             concerning the implementation of this Agreement.
      produce of the same nature as that received as
      aid or of any products or by-products resulting
      from it.                                                                                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 authen­
 Agreement. To this end it shall provide the Commis­                tic.
                                                           ANNEX
                                      Provisions laid down in Article III of the Agreement
                           Article 1                                Community and shall be determined before the vessel
                                                                    sails. The rates and detailed arrangements relating
 Delivery shall be effected and all risk shall pass from the         thereto laid down in the contract between the country of
 Community to the recipient country at the moment at
                                                                     destination and the carrier must have been agreed upon
 which the goods have been placed in the ship's hold at
                                                                     in advance by the agent of the recipient country and the
 the port of shipment.
                                                                     authorized agent of the Community referred to in
                                                                     Article 9 .
 The recipient country shall bear all costs subsequent to
  delivery of the goods, including costs of stowage and,
                                                                                               Article 2
  where appropriate, of trimming and bagging.
  Any demurrage or dispatch money at the port of ship­               The Community shall notify the recipient country in
  ment shall be a charge on or for the benefit of the                good time of the port or ports of shipment, the quanti­
 ---pagebreak--- 25 . 2. 74                             Official Journal of the European Communities                               No L 53 / 35
ties to be delivered at each port, the period within which        control of the Community, the balance shall be loaded
loading must begin, and the daily loading rate.                   onto the next vessel under the conditions laid down in
                                                                  this Annex .
                          Article 3
                                                                  In this event, until the date of loading of the balance or
The Community must be prepared to load the goods on               until the recipient country gives notice in writing that it
the date resulting from the instructions in Article 8,            gives up the balance, the goods shall be held at the
whereon the vessel should be ready for loading.                   expense, risk and peril of the recipient country .
                          Article 4                               The recipient country must notify the Community within
                                                                  a maximum period of 30 clear days from the beginning
On delivery of the goods, a tolerance of 5 °/o less than          of loading of the shipment to which the goods should
the quantity to be supplied in accordance with Article I          have belonged, of the date on which loading of the
of the Agreement is permitted.                                    balance is due to begin or of its renunciation of the
                                                                  balance.
                          Article 5
                                                                  If this obligation is not respected, the Community may
 Once the goods are on board the vessel, the Community            consider that it has discharged its commitment to the
shall notify the recipient country of the date of loading,         recipient country under Article I of the Agreement.
together with the quantity and quality of the goods as
recorded on loading.
                                                                                             Article 8
                          Article 6                               The recipient country shall name for the Community the
                                                                  vessel that is to ship the goods at least 10 clear days
The recipient country shall supply the Community ,
                                                                  prior to the estimated date of arrival of the vessel in
within the period referred to iin Article 2, with a vessel
                                                                  port or where possible 20 clear days prior to this date ;
of dimensions corresponding to the normal loading                 it shall at the same time indicate how soon after that
potential of the port of shipment.
                                                                  date the vessel will be ready for loading.
Should it prove impossible for the vessel to begin
 loading within the period referred to in Article 2 and           The recipient country shall insert in the charter party a
should the reaipient country not (have notified the               clause requiring the captain to inform the Community at
 Community of this fact in writing at the latest by the            least 72 hours in advance of the vessel's estimated date
 date on which the vessel should be ready for loading in          of arrival in port.
 accordance with Article 8, the goods shall be at the
 disposal of the Community.                                                                 Article 9
 Whatever the circumstances, the goods shall be held at           To implement the provisions of this Annex , the Commu­
 the expense, risk and peril of the recipient country.             nity shall appoint an authorized agent, whose name and
                                                                  address it shall make known in good time to the recip­
                          Article 7                                ient country .
 Should the recipient country fail to provide a vessel of          The recipient country shall nominate a receiving agent in
 suitaible tonnage or if the quantity made available for          each port of shipment, whose name and address it shall
 loading on a vessel of suitable tonnage cannot be put on          make known to the Community ' before the Agreement is
 board in its entirety because of circumstances beyond the         implemented .