CELEX: 21973A1106(02)
Language: en
Date: 1973-11-06 00:00:00
Title: Agreement between the European Economic Community and the Republic of Sri Lanka on the supply of flour of common wheat as food aid

28 . 1 . 74                         Official Journal of the European Communities                         No L 23 /37
                                                      AGREEMENT
               between the European Economic Community and the Republic of Sri Lanka on the
                                      supply of flour of^common wheat as food aid
               THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
               of the one part,
               THE GOVERNMENT OF THE REPUBLIC OF SRI LANKA,
               of the other part,
               HAVE DECIDED to conclude this Agreement and to this end have designated as theii
               Plenipotentiaries :
               THE COUNCIL OF THE EUROPEAN COMMUNITIES :
               1 HE GOVERNMENT OF THE REPUBLIC OF SRI LANKA :
               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 Sri Lanka, 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 in the form of 6 623               play of fair competition . Any problems arising in
metric tons of flour of common wheat .                         this .connection shall be the subject of consultations
                                                               under Article 9 .
                         Article II
Deliveries will be made fob to Community ports, in                                    Article V
new cotton sacks each weighing 68 038 kilo­
grammes ( 150 lbs) net.
                                                               The recipient country undertakes to use the product
                         Article III                           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
integral 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 23 /38­                          Official Journal of the European Communities                                     28 . 1 . 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                                 l..*not later than 30 days after the unloading of
                                                                          each cargo : port and date of arrival of the
The Contracting Parties undertake to implement                           vessel ; nature, quantity and quality of the
this Agreement in such a way as to avoid any preju­                      products unloaded ; date on which unloading
dice to the normal structure of domestic productiion                      was completed ;
and international trade. To this end they shall take
 any measures required to ensure that aid supplies
                                                                    2. every three months until the quantities received as
are in addition to, and do not replace, commercial
                                                                          aid have been fully used : quantities sold, how
transactions which might reasonably be expected in                        they have been sold, selling prices ; normal
the absence of such supplies. In particular, the recip­                   selling costs on the recipient country's market ;
ient country undertakes to import commercially
from whatever source between 1 July 1973 and 30
June 1974 a minimum quantity of 50 000 metric                        3 . on 15 January every year until the special
tons of flour of common wheat or its equivalent in                        account has been fully used :
common wheat.
                                                                          (a) state of this account (lodgments and with­
                                                                                drawals) on 31 December of the preceding
                          Article VU                                            year ;
The recipient country shall take al'l .appropriate                         ( b) progress achieved in the project or projects,
                                                                                with an indication of the total amount of
 measure to prevent :
                                                                                 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 six                 At the request of either of them, the Contracting
      months of the last delivery, either of common                  Parties shall consult each other on any questions
      wheat produced locally and of the same nature                  concerning the implementation of this Agreement.
      as that used to produce the flour received as aid
      or of any by-products resulting from it.
                                                                                                 Article X
                          Article Vlll                               This Agreement shall be drawn up in duplicate in
                                                                      the Danish, Dutch, English, French, German and
 The recipient country undertakes to inform the                       Italian languages, each of these texts being equally
 Community of the mode of implementation of this                      authentic .
                                                             ANNEX
                                        Provisions laid down in Article III of the Agreement
                            Article 1                                  Any demurrage or dispatch money at the port of ship­
  Delivery shall ibe effected and all risk shall pass from the         ment shall be a charge on or for the benefit of the
  Community to the country of destination at the moment                Community and shall ibe determined before the vessel
  at \yhich the goods have been placed in the ship's hold              sails. The rates and detailed arrangements relating
  at the port of shipment.                                             thereto laid down in the contract between the country of
                                                                       destination and the carrier must have been agreed upon
  The country of destination shall bear all costs                      in advance by the agent of the country of destination
  subsequent to delivery of the goods, including costs of              and the authorized agent of the Community referred to
  stowage and, where appropriate, of trimming and                      in Article 9 .
  bagging.
 ---pagebreak--- 28 . 1 . 74                            Official Journal of the European Communities                                No L 23/39
                           Article 2                              loading on a vessel of suitable tonnage cannot be put on
                                                                  board in its entirety because of circumstances beyond the
The Community shall notify the country of destination
                                                                  control of the Community, the balance shall be loaded
in good time of the port or ports of shipment, the quanti­        onto the next vessel under the conditions laid down in
ties to be delivered at each port, the period within which        this Annex.
loading must 'begin, and the daily loading rate.
                                                                  In this event, until the date of loading of the balance or
                           Article 3                              until the country of destination gives notice in writing
                                                                  that it gives up the balance, the goods shall be held at
The Community must be prepared to load the goods on               the expense, risk and peril of the country of destination.
the date resulting from the instructions in Article 8 ,
whereon the vessel should he ready for loading.                   The country of destination must notify the Community
                                                                  within a maximum period of 30 clear days from the
                           Article 4                              beginning of loading of the shipment to which the goods
                                                                  should have belonged, of the date on which loading of
On delivery of the goods, a tolerance of 5 °/o less than           the balance is due to begin or of its renunciation of the
the quantity to be supplied in accordance wiith Article I          balance .
of the Agreement is permitted.
                                                                   If this obligation is not respected, the Community may
                           Article 5
                                                                   consider that it has discharged its commitment to the
                                                                   country of destination under Article I of the Agreement.
 Once the goods are on board the vessel, the Community
 shall notify the country of destination of the date of
                                                                                              Article 8
 loading, together with the quantity and quality of the
 goods as recorded on loading.                                     The country of destination shall name for the Commu­
                                                                   nity the vessel that is to ship the goods at least 10 clear
                           Article 6                               days iprior to the estimated date of arrival of the vessel
 The country of destination shall supply the Community,            in port or where possible 20 clear days prior to this
 within the period referred to in Article 2, with a vessel         date, and shall at the same time indicate how soon after
 of dimensions corresponding to the normal loading                 that date the vessel will be ready for loading.
 potential of the port of shipment.                                The country of destination shall insert in the charter
 Should it prove impossible for the vessel to begin                party a clause requiring the captain to inform the
 loading within the period referred to in Article 2 and             Community at least 72 hours in advance of the vessel's
 should the country of destination not have notified the            estimated date of arrival in port .
 Community of this fact in writing at the latest by the
 date on which the vessel should be ready for loading in                                      Article 9
  accordance with Article 8 , the goods shall be at the
  disposal of the Community.                                        To implement the provisions of this Annex, the Commu­
                                                                    nity shall appoint an authorized agent, whose name and
 Whatever the circumstances, the goods shall 'be held at            address it shall make known in good time to the country
  the expense, risk and peril of the country of destination .       of destination .
                            Article 7                               The country of destination shall nominate a receiving
                                                                    agent in each port of shipment, whose name and address
  Should the country of destination fail to provide a vessel        it shall make known to the Community 'before the Agree­
  of suitable tonnage or if the quantity made available for         ment is implemented.