CELEX: 21974A0605(03)
Language: en
Date: 1974-06-04 00:00:00
Title: Agreement between the European Economic Community and the Republic of Tunisia on the supply of common wheat as food aid

No L 196/ 10                        Official Journal of the European Communities                             19 . 7. 74
                                                     AGREEMENT
             between the European Economic Community and the Republic of Tunisia on the
                                         supply of common wheat as food aid
             THE COUNCIL OF THE EUROPEAN COMMUNITIES :'
             of the one part,
             THE GOVERNMENT OF THE REPUBLIC OF TUNISIA,
             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 TUNISIA :
             WHO HAVE AGREED AS FOLLOWS :
                         Article I                             It undertakes to exercise the greatest possible care to
                                                               ensure that the tendering arrangements for the
As part of its Food Aid Programme ( Cereals ) for              transport by sea shall not be prejudicial to the free
1972/73 , the European Economic Community,                     play of fair competition . Any problems arising in
hereinafter referred to as the 'Community', shall              this connection shall be the subject of consultations
supply the Republic of Tunisia, hereinafter referred           under Article IX.
to as the 'recipient country', by way of a gift, with
10 000 metric tons of common wheat.
                                                                                     Article V
                        Article II
                                                               The recipient country undertakes to use the product
                                                               received as aid for purposes of consumption and to
Deliveries will be made in bulk fob to Community               apply, for the sale of the product on its market, the
ports .                                                        prices normally charged on that market for products
                                                               of comparable quality.
                        Article III
                                                               The proceeds from this sale, less the costs of sea
The obligations and responsibilities of the                    transport, of insurance and the normal cost of
Community and of the recipient country relating in             selling the product on the recipient country's
particular to delivery and the taking of delivery              market, shall be paid into a special account at the
respectively are define'd in the Annex, which forms            Central Bank of that country and allocated to the
an integral part of this Agreement.                            financing of one or more development schemes
                                                               proposed by the recipient country and approved by
                                                               the Community.
                        Article IV
The recipient country undertakes to make all                                          Article VI
necessary arrangements for the transport and
insurance of the product from ports of shipment to             The Contracting Parties undertake to implement this
places of destination.                                         Agreement in such a way as to avoid any prejudice
 ---pagebreak---  19. 7. 74                           Official Journal of the European Communities                               No L 196/ 11
to the normal structure of domestic production and                 1 . not later than 30 days after the unloading of
international trade. To this end they shall take any                   each cargo : port and date of arrival of the
measures required to ensure that aid supplies are in                   vessel ; nature, quantity and quality of the
addition to, and do not replace, commercial                            products unloaded; date on which unloading
transactions which might reasonably be expected in                     was completed ;
the absence of such supplies. In particular, the
recipient country undertakes to import commercially               2. every three months until the quantities received
from whatever source between 1 July 1973 and 30                        as aid have been fully used : quantities sold,
June 1974 a minimum quantity of 85 000 metric                          how they have been sold, selling prices; normal
tons of common wheat or its equivalent in flour of                     selling costs on the recipient country's market;
common wheat.
                                                                  3 . on 15 January every year until the special
                                                                        account has been fully used :
                        Article VII                                    (a) state of this account (deposits and
                                                                            withdrawals) on 31 December of the
The recipient country shall take all appropriate                            preceding year;
measures to prevent :
                                                                       (b) progress achieved in the project or projects,
                                                                            with an indication of the total amount of
— the re-export of the product received as aid and
      of products and by-products resulting from such                       financing carried out at that stage.
      supplies ;
— the export, commercially or otherwise, within six                                         Article IX
      months of the last delivery, either of local
      produce of the same nature as that received as              At the request of either of them, the Contracting
      aid or of any products and by-products resulting            Parties shall consult each other on any questions
      from it.                                                    concerning the implementation of this Agreement.
                        Article VIII
                                                                                            Article X
The recipient country undertakes to inform the
 Community of the mode of implementation of this                  This Agreement shall be drawn up in duplicate in „
 Agreement. To this end it shall provide the                      the Danish, Dutch, English, French, German and
 Commission of the European Communities with the                   Italian languages, each of these texts being
 following information :                                           authentic.
                                                          ANNEX
                                     Provisions laid down in Article III of the Agreement
                           Article 1                               sails. The rates and detailed arrangements relating
                                                                   thereto laid down in the contract between the country
  Delivery shall be effected and all risk shall pass from           of destination and the carrier must have been agreed
  the Community to the recipient country at the moment              upon in advance by the agent of the recipient country
  at which the goods have been placed in the ship's hold            and the authorized agent of the Community referred to
                                                                    in Article 9.
  at the port of shipment.
  The recipient country shall bear all costs subsequent to
                                                                                             Article 2
  delivery of the goods, including costs of stowage and,
  where appropriate, of trimming and bagging.
                                                                    The Community shall notify the recipient country in
                                                                    good time of the port or ports of shipment, the
  Any demurrage or dispatch money at the port of                    quantities to be delivered at each port, the period within
  shipment shall be a charge on or for the benefit of the           which loading must begin, and the daily loading rate.
  Community and shall be determined before the vessel
 ---pagebreak--- No L 196/ 12                         Official Journal of the European Communities                                 19. 7. 74
                          Article 3                             loaded onto the next vessel under the conditions laid
                                                                down in this Annex.
The Community must be prepared to load the goods on
the date resulting from the instructions in Article 8,          In this event, until the date of loading of the balance
whereon the vessel should be ready for loading.                 or until the recipient country gives notice in writing that
                                                                it gives up the balance, the goods shall be held at the
                          Article 4                             expense, risk and peril of the recipient country.
On delivery of the goods, a tolerance of 5 % less than          The recipient country must notify the Community within
the quantity to be supplied in accordance with Article I        a maximum period of 30 clear days from the beginning
of the Agreement is permitted.                                  of loading of the shipment to which the goods should
                                                                have belonged, of the date on which loading of the
                          Article 5                             balance is due to begin or of its renunciation of the
                                                                balance.
Once the goods are on board the vessel, the Community
shall notify the recipient country of the date of loading,      If this obligation is not respected, the Community may
                                                                consider that it has discharged its commitment to the
together with the quantity and quality of the goods as          recipient country under Article I of the Agreement.
recorded on loading.
                                                                                           Article 8
                          Article 6
The recipient country shall supply the Community,               The recipient country shall name for the Community
within the period referred to in Article 2, with a vessel       the vessel that is to ship the goods at least 10 clear days
of dimensions corresponding to the normal loading               prior to the estimated date of arrival of the vessel in
potential of the port of shipment.                              port or where possible 20 clear days prior to this date ;
                                                                it shall at the same time indicate how soon after that
Should it prove impossible for the vessel to begin              date the vessel will be ready for loading.
loading within the period referred to in Article 2 and
should the recipient country not have notified the              The recipient country shall insert in the charter party
Community of this fact in writing at the latest by the          a clause requiring the captain to inform the Community
date on which the vessel should be ready for loading in          at least 72 hours in advance of the vessel's estimated
 accordance with Article 8, the goods shall be at the           date of arrival in port.
 disposal of the Community.
                                                                                           Article 9
Whatever the circumstances, the goods shall be held at
 the expense, risk and peril of the recipient country.           To implement the provisions of this Annex, the
                                                                 Community shall appoint an authorized agent, whose
                          Article 7                              name and address it shall make known in good time
 Should the recipient country fail to provide a vessel of        to the recipient country.
 suitable tonnage or if the quantity made available for          The recipient country shall nominate a receiving agent
 loading on a vessel of suitable tonnage cannot be put on        in each port of shipment, whose name and address it
 board in its entirety because of circumstances beyond           shall make known to the Community before the
 the control of the Community, the balance shall be              Agreement is implemented.
               Information on the signing of the Agreement between the European Economic
                           Community and the Republic of Tunisia on the supply of food aid
               The Agreement between the European Economic Community and Tunisia on the
               supply of common wheat as food aid, which the Council decided to conclude on
                4 June 1974, was signed in Brussels on 5 June 1974 on behalf of the Council of the
               European Communities by :
                Mr Ulrich Lebsanft, Ambassador Extraordinary and Plenipotentiary, Chairman of the
                Permanent Representatives Committee, and
               Mr Hans-Broder Krohn, Director-General for Development and Cooperation,
                Commission of the European Communities, and on behalf of the Government of
                Tunisia by :
                Mr Ismael Khelil, Ambassador Extraordinary and Plenipotentiary, Head of the Tunisian
                Representation to the European Communities.