CELEX: 
Language: en
Date: 1974-10-02 00:00:00
Title: Council Decision of 23 August 1974 on the conclusion of the Agreement between the European Economic Community and the Republic of Indonesia on the supply of common wheat as food aid #Agreement between the European Economic Community and the Republic of Indonesia on the supply of common wheat as food aid

No L 266/14                      Official Journal of the European Communities                     2. 10. 74
                                             COUNCIL DECISION
                                               of 23 August 1974
            on the conclusion of the Agreement between the European Economic Community and
                     the Republic of Indonesia on the supply of common wheat as food aid
                                                  (74/484/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 concluded the 1971 Food Aid
            Convention;
           Whereas by its letter of 17 October 1973, the Republic of Indonesia has requested food
            aid;
           Whereas in view of the cereal supply situation in Indonesia, that country should be
            accorded, by way of gift, 21 000 metric tons of common wheat under the Community
            food-aid programme for 1973/74,
           HAS DECIDED AS FOLLOWS :
                                                    Article 1
            The Agreement between the European Economic Community and the Republic of
           Indonesia on the supply 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
           Community.
           Done at Brussels, 23 August 1974.
                                                                              For the Council
                                                                               The President
                                                                              B. DESTREMAU
 ---documentbreak---  2. 10. 74                          Official Journal of the European Communities                        No L 266/ 15
                                                    AGREEMENT
              between the European Economic Community and the Republic of Indonesia 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 INDONESIA,
              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 INDONESIA :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                            transport by sea shall not be prejudicial to the free
                                                              play of fair competition. Any problems arising in this
As part of its food-aid programme (cereals) for               connection shall be the subject of consultations under
1973/74, the European Economic Community,                     Article VIII.
hereinafter referred to as the 'Community', shall
supply the Republic of Indonesia, hereinafter,
referred to as the 'country of destination', by way of
gift, with 21 000 metric tons of common wheat.                                      Article IV
                        Article II                            The country of destination undertakes to use the
                                                              product received as aid for purposes of consumption
Deliveries will be made in bulk fob in accordance             and to apply, for the sale of the product on its
with the detailed rules set out in the Annex which is         market, the prices normally charged on that market
an integral part of this Agreement.                           for products of comparable quality.
                        Article III
                                                              The proceeds of sale, less the cost of carriage by sea
                                                              and insurance, and the normal cost of selling the
The country of destination undertakes to make all             product on the market of the country of destination,
necessary arrangements for the transport and                  shall be paid into a special account at the central
insurance of the product from point of delivery to            bank of that country until the whole amount of the
places of destination.                                        aid received has been sold. The proceeds shall then
                                                              be transferred to the development budget of the
It undertakes to exercise the greatest possible care to       country of destination for the financing of
ensure that the tendering arrangements for the                development schemes.
 ---pagebreak--- No L 266/ 16                          Official Journal of the European Communities                                  2. 10 . 74
                         Article V                                1 . immediately after the discharge of each cargo:
                                                                      port and date of arrival of vessel; nature, quantity
The Contracting Parties undertake to implement this                   and any observations as to the quality of the
Agreement in such a way as to avoid any prejudice to                  products unloaded; date on which discharge was
the normal structure of domestic production and                       completed; costs of sea transport and of insurance
international trade. To this end they shall take any                  relating thereto;
measures required to ensure that aid supplies are in
addition to, and do not replace, commercial
transactions which might reasonably be expected in               2. every three months until the quantities received as
the absence of such supplies. In particular, the                      aid have been fully used: quantities sold, how they
country of destination undertakes to import                           have been sold, selling prices ; normal selling costs
commercially from whatever source between 1 July                      on the market of the country of destination ;
1974 and 30 June 1975 a minimum quantity of
92 500    metric   tons    of   common     wheat     or  its
                                                                 3 . as soon as the proceeds of sale have been
equivalent in flour of common wheat.                                  transferred to the development budget: progress
                                                                      and degree of completion of one or more
                         Article VI                                   development schemes undertaken with the help of
                                                                      the Member States, appearing on the 1974/75 list
The country of destination shall take all appropriate                 of schemes communicated by the country of
                                                                      destination of which the cost corresponds
measures to prevent:
                                                                      approximately to the proceeds of sale of the cargo
                                                                      received as aid .
— the re-export of the product received as aid and
    of products and by-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 received as aid           At the request of either of them, the Contracting
    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 Vll
                                                                                          Article IX
The country of destination undertakes to inform the
Community of the mode of implementation of this
Agreement. To this end it shall provide the                      This Agreement shall be drawn up in duplicate in the
Commission of the European Communities with the                  Danish, Dutch, English, French, German and Italian
following information :                                          languages, each of these texts being authentic.
                                                           ANNEX
                                                 DELIVERY PROCEDURES
                        CHAPTER I                                at which the goods are put down at the point of
                                                                 exportation named by the Commission of the European
                    General provisions                           Communities at the berth specified by the country of
                                                                 destination or its agent referred to in Article 3 and under
                          Article 1                              the terms specified in this Annex. Without prejudice to
                                                                 Articles 8 and 9 the Community shall bear all costs prior
Delivery shall be effected and all risk shall pass from the     to delivery and the country of destination those after
Community to the country of destination at the moment           delivery.
 ---pagebreak---   2 . 10 . 74                         Official Journal of the European Communities                              No L 266/17
                           Article 2                                                    CHAPTER III
 On delivery of the goods, a tolerance of 5 % less than the
 quantity to be supplied in accordance with Article I of the               Obligations of the country of destination
 Agreement is permitted.
                                                                                           Article 7
                           Article 3
 For the purpose of implementing the provisions of this          After contacting the Community, the country of
 Annex the Community shall appoint — if necessary for            destination shall procure, to transport all the quantities
  each consignment — an agent whose name and address it          provided for in Article I of the Agreement, one or more
 shall make known to the country of destination                  vessels of dimensions corresponding to the normal
 immediately following his appointment. For each port of         capacity of the port of shipment; these vessels must be
 shipment the country of destination shall appoint an agent      ready for loading on a date falling within the period
 whose name and address it shall make known to the               referred to in Article 4.
 Community with all dispatch and if possible before the
 appointment of the agent of the Community.
                                                                 The agent of the country of destination shall inform the
                                                                  Community of this date and of the date for commence­
                                                                 ment of delivery as soon as he knows them, if possible
                           Article 4
                                                                 20 clear days in advance and in auy case 10 clear days
                                                                 before the date for commencement of delivery.
 Before implementing the procedure for appointing the
 agent of the Community referred to in Article 3, the
 Commission of the European Communities and the                  He shall establish with the agent of the Community the
 country of destination shall establish by joint agreement       schedule according to which delivery shall take place.
 the period during which delivery must begin.
                                                                                           Article 8
                         CHAPTER II
                                                                 Where the country of destination is unable to begin
                Obligations of the Community                     loading on the date provided for in the first subparagraph
                                                                 of Article 7, the agent of the country of destination shall
                                                                 inform the agent of the Community without delay.
                           Article 5
                                                                In this event the agents of the Community and of the
 Where the Community is not in a position to carry out           country of destination may agree on a new date for the
 delivery on the date, and, if applicable, according to the      commencement of delivery and, if applicable, a new
 schedule laid down in Article 7, all costs arising for the      schedule. The costs arising from the delay in loading shall
 country of destination — for example, demurrage, void           in all cases except force majeure be borne by the country
 freight and dead freight — shall be borne by the               of destination .
 Community.
The charges and the arrangements relating to demurrage          Should the new date provided for in the second
 laid down in the contract concluded between the country         subparagraph be more than 30 clear days after the date
 of destination and the carrier must have previously been        for loading provided for in the first subparagraph of
 agreed by the country of destination and the agent of the       Article 7, the Community may dispose of the goods
 Community.                                                      without prejudice to its commitment under Article I of
                                                                 this Agreement.
The other costs referred to in the first subparagraph shall
 be refunded by the Community only if they have been
paid by the country of destination with the approval of                                    Article 9
the Community.
                                                                Where the quantity made available for loading on a vessel
                          Article 6                             cannot be loaded on board in its entirety, the country of
                                                                 destination shall inform the Community as soon as
                                                                 possible, and no later than 15 clear days after loading has
Where it is impossible for the Community to supply all or       been complete.!, whether it intends to accept or to
part of the goods on the date and within the time limits        renounce the balance.
provided for in Article 7, the agents of the Community
and of the country of destination may, without prejudice
to Article 5, agree on a new date and a new time limit for      In the former case the second and third subparagraphs of
the delivery of all the goods or of the undelivered part        Article 8 shall apply to the balance, if delivery has not yet
thereof.                                                        taken place.
 ---pagebreak--- No L 266/ 18                         Official Journal of the European Communities                                  2. 10. 74
In the latter case the Community may consider that it has                                Article 10
discharged its commitment to the country of destination
under Article I of this Agreement and shall bear the costs      Upon delivery of the goods, the country of destination
resulting from renunciation.                                    shall hand over to the authorized agent of the Community
                                                                a certificate of acceptance which shall set out the port of
In any event, after an interval of 15 clear days and in the     shipment, date of acceptance and the nature and quantity
absence of any notice on the part of the country of             of the goods accepted, together with any comments on the
destination, renunciation shall be deemed to have taken         quality of the goods. A copy of the certificate shall be sent
place.                                                          to the Commission of the European Communities.
                     Information on the signing of the Agreement between the European Economic
                          Community and the Republic of Indonesia on the supply of food aid
               The Agreement between the European Economic Community and Indonesia on the
               supply of cereals as food aid, which the Council decided to conclude on 23 August 1974,
               was signed in Brussels on 16 September 1974, on behalf of the Council of the European
               Communities by :
               Mr Etienne Burin des Roziers, Ambassador Extraordinary and Plenipotentiary, Chairman
               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 Indonesia by:
               Mr F. X. Seda, Ambassador Extraordinary and Plenipotentiary, head of that country's
               mission to the European Economic Community.
 ---documentbreak--- NA ---documentbreak--- No L 266/ 18                         Official Journal of the European Communities                                  2. 10. 74
In the latter case the Community may consider that it has                                Article 10
discharged its commitment to the country of destination
under Article I of this Agreement and shall bear the costs      Upon delivery of the goods, the country of destination
resulting from renunciation.                                    shall hand over to the authorized agent of the Community
                                                                a certificate of acceptance which shall set out the port of
In any event, after an interval of 15 clear days and in the     shipment, date of acceptance and the nature and quantity
absence of any notice on the part of the country of             of the goods accepted, together with any comments on the
destination, renunciation shall be deemed to have taken         quality of the goods. A copy of the certificate shall be sent
place.                                                          to the Commission of the European Communities.
                     Information on the signing of the Agreement between the European Economic
                          Community and the Republic of Indonesia on the supply of food aid
               The Agreement between the European Economic Community and Indonesia on the
               supply of cereals as food aid, which the Council decided to conclude on 23 August 1974,
               was signed in Brussels on 16 September 1974, on behalf of the Council of the European
               Communities by :
               Mr Etienne Burin des Roziers, Ambassador Extraordinary and Plenipotentiary, Chairman
               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 Indonesia by:
               Mr F. X. Seda, Ambassador Extraordinary and Plenipotentiary, head of that country's
               mission to the European Economic Community.