CELEX: 
Language: en
Date: 1973-12-13 00:00:00
Title: Council Decision of 9 November 1973 concluding the Agreement between the European Economic Community and the Republic of the Philippines on the supply of common wheat and of flour of common wheat as food aid #Agreement between the European Economic Community and the Republic of the Philippines on the supply of common wheat and of flour of common wheat as food aid

13 . 12. 73                       Official Journal of the European Communities                      No L 343 /35
                                              COUNCIL DECISION
                                               of 9 November 1973
            concluding the Agreement between the European Economic Community and the Republic
            of the Philippines on the supply of common wheat and of flour of common wheat as
                                                      food aid
                                                    (73/385/EEC)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
            Having regard to the Treaty establishing the European Economic Community, and in
            particular Articles 113 , 114 and 228 thereof;
            Having regard to the Recommendation from the Commission ;
            Whereas the European Economic Community has deposited a Declaration of provisional
            application of the 1971 Food Aid Convention ; whereas that Convention has been
            applicable since 1 July 1971 ;
            Whereas by its letter of 24 October 1972, the Republic of the Philippines has requested
            food aid ;
            Whereas in view of the cereal supply situation in the Philippines, that country should
            be accorded, by way of gift, 10 000 metric tons of common wheat of which half will
            be supplied in the form of 3 311 metric tons of flour of common wheat under
            the Community Food Aid Programme for 1972/73 ,
            HAS DECIDED AS FOLLOWS :
                                                       Article 1
            The Agreement between the European Economic Community and the Republic of the
            Philippines on the supply of common wheat and of flour of common wheat as food
            aid, the text of which is annexed to this Decision, is hereby concluded on behalf of the
            Community.
                                                       Article 2
            The President of the Council is hereby authorized to designate the persons empowered
             to sign the Agreement and to confer on them the necessary powers to bind the Com­
             munity.
            Done at Brussels, 9 November 1973 .
                                                                                  For the Council
                                                                                   The President
                                                                                 Per HAEKKERUP
 ---documentbreak--- No L 343 /36                        Official Journal of the European Communities                           13 . 12 . 73
                                                     AGREEMENT
              between the European Economic Community and the Republic of the Philippines on
                    the supply of common wheat and of flour of common wheat as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
              of the one part,
              THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES ,
              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 REPUBLIC OF THE PHILIPPINES :
              WHO HAVE AGREED AS FOLLOWS :
                         Article 1                                                   Article IV
As part of its Food Aid Programme ( Cereals ) for
                                                               The recipient country undertakes to make all neces­
1972/73 , the European Economic Community,                     sary arrangements for the transport and insurance of
hereinafter referred to as the 'Community', shall              the product from ports of shipment to places
supply the Republic of the Philippines, hereinafter            of destination .
referred to as the 'recipient country', by way of a
gift with 10 000 metric tons of common wheat of                It undertakes to exercise the greatest possible care
which half shall be supplied in the form of 3 311              to ensure that the tendering arrangements for the
metric tons of flour of common wheat.                          transport by sea shall not be prejudicial to the free
                                                               play of fair competition . Any problems arising in
                                                               this connection shall be the subject of consultations
                         Article II
                                                               under Article IX .
Deliveries will be made fob to Community ports, in
bulk in the case of common wheat, in new cotton                                       Article V
sacks each weighing 50 kilogrammes net, in the case
of flour of common wheat .
                                                               The recipient country undertakes to use the product
                                                               received as aid for purposes of consumption and to
                        Article 111
                                                               apply, for the sale of the product on its market, the
                                                               prices normally charged on that market for products
The obligations and responsibilities of the Com­               of comparable quality.
munity and of the recipient country relating in par­
ticular to delivery and the taking of delivery respecti­       The proceeds from this sale, less the costs of sea
vely are defined in the Annex, which forms an inte­            transport, of insurance and the normal cost of selling
gral part of this Agreement.                                   the product on the recipient country's market, shall
 ---pagebreak--- 13 . 12 . 73                            Official Journal of the European Communities                                    No L 343 /37
be paid into a special account at the Central Bank of                  ment. To this end it shall provide the Commission of
that country and allocated to the financing of one or                  the European Communities with the following infor­
more development schemes proposed by the recipient                     mation :
country and approved by the Community.
                                                                       1 . not later than 30 days after the unloading of each
                                                                           cargo : port and date of arrival of the vessel ; na­
                          Article VI                                       ture, quantity and quality of the products un­
                                                                           loaded ; date on which unloading was completed ;
The Contracting Parties undertake to implement thi ::                  2 . every three months until the quantities received
Agreement in such a way as to avoid any prejudice                          as aid have been fully used : quantities sold, how
to the normal structure of domestic production and                         they have been sold, selling prices ; normal sel­
international trade. To this end they shall take any                       ling costs on the recipient country's market;
measures required to ensure that aid supplies are in
addition to, and do not replace, commercial trans­                     3 . on 15 January every year until the special account
actions which might reasonably be expected in the                          has been fully used :
absence of such supplies . In particular, the recipient
country undertakes to import commercially from                              ( a ) state of this account (lodgments and with­
whatever source between 1 January 1973 and 30                                     drawals ) on 31 December of the preceding
                                                                                  year ;
December 1973 a minimum quantity of 430 000
metric tons of common wheat or its equivalent in                            ( b ) progress achieved in the project or projects,
flour of common wheat.                                                            with an indication of the toal amount of
                                                                                  financing carried out at that stage .
                          Article VII
The recipient country shall take all appropriate                                                 Article IX
measures to prevent :
— the re-export of the product received as aid and
     of products and by-products resulting from such                   At the request of either of them, the Contracting
     supplies ;                                                        Parties shall consult each other on any questions con­
                                                                       cerning the implementation of this Agreement.
— the export, commercially or otherwise, within
     six months of the last delivery, either of local
     produce of the same nature as that received as
     aid or of any by-products resulting from it.                                                 Article X
                         Article VIII                                  This Agreement shall be drawn up in duplicate in
                                                                       the Danish, Dutch, English French, German and
The recipient country undertakes to inform the Com­                    Italian languages, each of these texts being equally
munity of the mode of implementation of this Agree­                     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 recipient country
                at the moment at which the goods have been placed in the ship's hold at the port of shipment.
                The recipient country shall bear all costs subsequent to delivery of the goods , including costs
                of stowage and, where appropriate, of trimming and bagging.
                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 arrange­
                ments relating thereto laid down in the contract between the recipient country and the carrier
                must have been agreed upon in advance by the agent of the recipient country and the authorized
                agent of the Community referred to in Article 9 .
 ---pagebreak--- No L 343 /38                           Official Journal of the European Communities                                   13 . 12. 73
                                                             Article 2
             The Community shall notify the recipient country in good time of the port or ports of ship­
             ment, 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 instructions
             in Article 8 , whereon the vessel should be ready for loading.
                                                             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 5
             Once the goods are on board the vessel, the Community shall notify the recipient country of
             the date of loading, together with the quantity and quality of the goods as recorded on loading.
                                                              Article 6
             The recipient country shall supply the Community, within 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 recipient country 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 in accordance with Article 8 ,
             the 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 recipient
             country .
                                                             Article 7
             Should the recipient country fail to provide a vessel of suitable tonnage or if the quantity
              made available for loading on a vessel of suitable tonnage cannot be put on board 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
             recipient country.
              The recipient country must notify the community of loading of the shipment to which these
             goods should have belonged, of the date on which loading of this balance is due to begin or of
             its renunciation of this balance.
              If this obligation is not respected, the Community may consider that it has discharged its commit­
              ment to the recipient country under Article I of the Agreement.
                                                              Article S
              The recipient country shall name for the Community the vessel that is to ship the goods at
             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 ; it shall at the same time indicate how soon after that date the
             vessel will be ready for loading.
              The recipient country 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.
 ---pagebreak--- 13 . 12 . 73                        Official Journal of the European Communities                         No L 343 /39
                                                        Article 9
             To implement the provisions if this Annex, the Community shall appoint an authorized agent,
             whose name and address it shall make known in good time to the recipient country.
             The recipient country 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 concerning the signing of the Agreement between the European Economic
                   Community and the Republic of the Philippines on the supply of food aid
             The Agreement between the European Economic Community and the Republic of the
             Philippines on the supply of common wheat and flour of common wheat as food aid,
             which the Council decided to conclude on 9 November 1973 , was signed in Brussels
             on 12 November 1973
             on behalf of the Council of the European Communities by Mr Niels Ersboll, Ambassa­
             dor Extraordinary and Plenipotentiary, Chairman of the Permanent Representative
             Committee and Mr Hans-Broder Krohn, Director-General for Development and Co­
             operation at the Commission of the European Communities ;
             and on behalf of the Government of the Republic of the Philippines by Mr Faustino,
             Ambassador Extraordinary and Plenipotentiary, Head of the country's Mission to the
             European Economic Community.
 ---documentbreak--- NA ---documentbreak--- 13 . 12 . 73                        Official Journal of the European Communities                         No L 343 /39
                                                        Article 9
             To implement the provisions if this Annex, the Community shall appoint an authorized agent,
             whose name and address it shall make known in good time to the recipient country.
             The recipient country 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 concerning the signing of the Agreement between the European Economic
                   Community and the Republic of the Philippines on the supply of food aid
             The Agreement between the European Economic Community and the Republic of the
             Philippines on the supply of common wheat and flour of common wheat as food aid,
             which the Council decided to conclude on 9 November 1973 , was signed in Brussels
             on 12 November 1973
             on behalf of the Council of the European Communities by Mr Niels Ersboll, Ambassa­
             dor Extraordinary and Plenipotentiary, Chairman of the Permanent Representative
             Committee and Mr Hans-Broder Krohn, Director-General for Development and Co­
             operation at the Commission of the European Communities ;
             and on behalf of the Government of the Republic of the Philippines by Mr Faustino,
             Ambassador Extraordinary and Plenipotentiary, Head of the country's Mission to the
             European Economic Community.