CELEX: 
Language: en
Date: 1974-05-06 00:00:00
Title: Council Decision of 21 March 1974 on the conclusion of the Agreement between the European Economic Community and the Republic of Bolivia on the supply of common wheat as food aid #Agreement between the European Economic Community and the Republic of Bolivia on the supply of common wheat as food aid

No L 123/ 10                     Official Journal of the European Communities                              6 . 5 . 74
                                             COUNCIL DECISION
                                                of 21 March 1974
              on the conclusion of the Agreement between the European Economic Commu­
              nity and the Republic of Bolivia on the supply of common wheat as food aid
                                                   (74/21 8 / EEC)
THE COUNCIL OF THE EUROPEAN                                    supply of common wheat as food aid, the text of
COMMUNITIES,                                                   which is annexed to this Decision, is hereby
                                                               concluded on behalf of the Community.
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 113 , •
114 and 228 thereof ;
Haying regard to the recommendation from the                                         Article 2
Commission ;
Whereas the European Economic Community has
deposited a Declaration of provisional application of          The President of the Council is hereby authorized to
the 1 97 f Food Aid Convention ; whereas that Conven­          designate the persons empowered to sign the Agree­
tion has been applicable since 1 July 1971 ;                   ment and to confer on them the necessary powers to
                                                               bind the Community.
Whereas by its letter of 20 November 1972, the Re­
public of Bolivia has requested food aid ;
Whereas in view of the cereal supply situation in
Bolivia, that country should be accorded, by way of
gift, 10 000 metric tons of common wheat under the
Community Food Aid Programme for 1972/73 ,                     Done at Brussels, 21 March 1974.
HAS DECIDED AS FOLLOWS :
                                                                                          For the Council
                       Article 1
                                                                                           The President
The Agreement between 'the European Economic
Community and the Republic of Bolivia on the                                                  J. ERTL
 ---documentbreak--- 6. 5 . 74                             Official Journal of the European Communities                        No L 123 / 11
                                                      AGREEMENT
               between the European Economic Community and the Republic of Bolivia on the
                                           supply of common wheat as food aid
               THE COUNCIL OF THE EUROPEAN COMMUNITIES,
               of the one part, and
               THE GOVERNMENT OF THE REPUBLIC OF BOLIVIA,
               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 BOLIVIA :
                WHO HAVE AGREED AS FOLLOWS :
                           Article I                              of the product from ports of shipment to places of
                                                                  destination .
 As part of its Food Aid Programme (cereals ) for
 1972/73 , the European Economic Community, here­
 inafter referred to as the 'Community', shall supply             It undertakes to exercise the greatest possible care
 the Republic of Bolivia, hereinafter referred to as              to ensure that the tendering arrangements for the
 the 'recipient country', by way of a gift, with 10 000           transport by sea shall not be prejudicial to the free
 metric tons of common wheat.                                     play of fair competition . Any problems arising in
                                                                  this connection shall be the subject of consultations
                                                                  under Article IX.
                           Article II
 Deliveries will be made in bulk fob to Community                                        Article V
 ports .
                          Article III
                                                                  The recipient country undertakes to use the product
                                                                  received as aid for purposes of consumption and to
                                                                  apply, for the sale of the product on its market, the
 The obligations and responsibilities of the Commu­               prices normally charged on that market for
 nity and of the recipient country relating in parti­             products of comparable quality.
 cular to delivery and the taking of delivery respec­
 tively are defined in the Annex, which forms an inte­
  gral part of this Agreement.                                    The proceeds from this sale, less the costs of sea
                                                                  transport, of insurance and the normal cost of
                          Article IV                              selling the product on the recipient country's
                                                                  market, shall be paid into a special account at the
  The recipient country undertakes to make all neces­             central bank of that country and allocated to the
  sary arrangements for the transport and insurance               financing of one or more development schemes
 ---pagebreak--- No L 123 / 12                       Official Journal of the European Communities                              6 . 5 . 74
proposed by the recipient country and approved by             Agreement. To this end it shall provide the Commis­
the Community.                                                sion of the European Communities with the
                                                              following information :
                        Article VI
                                                              1 . not later than 30 days after the unloading of
The Contracting Parties undertake to implement                    each cargo : port and date of arrival of the
this Agreement in such a way as to avoid any preju­               vessel ; nature, quantity and quaility of the
dice to the normal structure of domestic production               products unloaded ; date on which unloading
and international trade. To this end they shall take              was completed ;
any measures required to ensure that aid supplies
are in addition , to, and do not replace, commercial          2. every three months until the quantities received
transactions which might reasonably be expected in                as aid have been fully used : quantities sold,
the absence of such supplies. In particular, the recip­           how they have been sold, selling prices ; normal
ient country undertakes to import commercially                    selling costs on the recipient country's market ;
from whatever source between 1 January 1974 and
31 December 1974 a minimum quantity of 130 000                3 . on 15 January every year until the special
metric tons of common wheat or its equivalent in                  account has been fully used :
flour of common wheat.
                                                                  ( a) state of this account (deposits and with­
                                                                        drawals) on 31 December of the preceding
                       Article VU
                                                                        year ;
The recipient country 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 and by-products resulting from such
    supplies ;                                                                         Article IX
— the export, commercially or otherwise, within               At the request of either of them, the Contracting
    six months of the last delivery, either of local          Parties shall consult each other on any questions
    produce of the same nature as that received as            concerning the implementation of this Agreement.
    aid or of any products and by-products resulting
    from it.
                                                                                        Article X
                       Article VIII                           This Agreement shall be drawn up in duplicate in
                                                              the Danish, Dutch, English, French, German , Italian
The recipient country undertakes to inform the                and Spanish languages, each of these texts being
Community of the mode of implementation of this               authentic .
 ---pagebreak--- 6 . 5 . 74                             Official Journal of the European Communities                                •No L 123 / 13
                                                            ANNEX
                                      Provisions laid down in Article III of the Agreement
                          Article 1                                dance with Article 8, the gqods shall be at the disposal
                                                                   of the Community .
Delivery shall be effected and all risk shall pass from the
Community to the recipient country at the moment at                Whatever the circumstances,' the goods shall be held at
which the goods have been placed in the ships' hold at              the expense, risk and peril of the recipient country.
the port of shipment.
                                                                                                Article 7
The recipient country shall bear all costs subsequent to
delivery of the goods, including costs bf stowage " and,            Shoiilcl the recipient country fail to provide a vessel of
where appropriate, of trimming and bagging.                         suitable* tonnage or if the quantity made available for
Any demurrage or despatch money at the port of ship­                loading on a vessel of suitable tonnage cannot be put 'dti
ment shall be a charge on or for the benefit of the Com­           board in its entirety because of circumstances beyond thë"
munity and shall be determined before the vessel sails.            control of the Community, the balance shall be loaded
                                                                    onto the next vessel under the conditions laid down in
The rates and detailed arrangements relating thereto laid
                                                                    this Annex .
down in the contract between the country of destination
and the carrier must have been agreed upon in advance               In this event, until the date of loading of the balance or
by the agent of the recipient country and the authorized            until the recipient country gives notice' in writing that it
agent of the Community referred to in Article 9.                    gives up the balance, the goods shall be held at the
                                                                    expense, risk and peril of the recipient country.
                           Article 2
                                                                    The recipient country must notify the Community within
The Community shall notify the recipient country in                 a maximum period of 30 clear days from the beginning
good time of the port or ports of shipment, the quanti­             of loading of the shipment to which the goods should
ties to be deliverd at each port, the period within which           have belonged, of the date on which loading of the
 loading must begin, and the daily loading rate.                     balance is due to begin or of its renunciation of the
                                                                    balance .
                           Article 3
                                                                     If this obligation is not respected, the Community may
 The Community must be prepared to load the goods on                 consider that it has discharged its commitment to the re­
 the date resulting from the instructions in Article 8 ,             cipient country under Article I of the Agreement.
 whereon the vessel should be ready for loading.
                                                                                                Article 8
                           Article 4
                                                                     The recipient country shall name for the Community the
 On delivery of the good, a tolerance of 5 %> less than the         vessel that is to ship the goods at least 10 clear days
 quantity to be supplied in accordance with Article I of            prior to the estimated date of arrival of the vessel in
 the Agreement is permitted .                                       port or where possible 20 clear days prior to this date ;
                                                                     it shall at the same time indicate how soon after that
                           Article S                                 date the vessel will be ready for loading.
 Once the good are on board the vessel, the Community                The recipient country shall insert in the charter party a
 shall notify the recipient country of the date of loading,          clause requiring the captain to inform the Community at
 together with the quantity and quality of the goods as              least 72 hours in advance of the vessel 's estimated date
 recorded on loading.                                                of arrival in port.
                           Article 6
                                                                                            •   Article 9
 The recipient country shall supply the Community,
 within the period referred to in Article 2, with a vessel of        To implement the provisions of this Annex, the Commu­
 dimensions corresponding to the normal loading poten­               nity shall appoint an authorized agent, whose name and
 tial of the port of shipment.                                       address it shall make known in good time to the recipient
                                                                     country .
 Should it prove impossible for the vessel to begin load­
 ing within the period referred to in Article 2 and                  The recipient country shall nominate a receiving agent in
  should the recipient country not have notified the Com­            each port of shipment, whose name and address it shall
  munity of this fact in writing at the latest by the date on        make known to the Community before the Agreement is
  which the vessel should be ready for loading in accor­             implemented .
 ---documentbreak--- NA ---documentbreak--- No L 123/ 14                     Official Journal of the European Communities                   6 . 5 . 74
             Information on the signing of the Agreement on the supply of food aid between the
                          European Economic Community and the Republic of Bolivia
             The Agreement between the European Economic Community and Bolivia on the
             supply of common wheat as food aid, which the Council decided to conclude on
            21 March 1974, was signed in Brussels on 25 March 1974 on behalf of the Council
            of the European Communities by :
             Mr Eberhard Boemcke, Minister Plenipotentiary, Deputy Permanent Representative,
             and
            Mr J. Durieux, Director in the Directorate-General for the Development and Coopera­
            tion of the Commission of the European Communities, and on behalf of the Govern­
            ment of Bolivia by :
            Mr Rafael Reyeros, charge d'affaires at the Bolivian Embassy in Bonn ad interim.