CELEX: 21973A1112(04)
Language: en
Date: 1973-11-09 00:00:00
Title: Agreement between the European Economic Community and the Democratic Republic of the Sudan on the supply of common wheat as food aid

28 . 1 . 74                        Official Journal of the European Communities                           No iL 23 /47
                                                    AGREEMENT
              between the European Economic Community and the Democratic Republic of the Sudan
                                     on the supply of common wheat as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF THE SUDAN,
              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 DEMOCRATIC REPUBLIC OF THE SUDAN :
              WHO HAVE AGREED AS FOLLOWS :
                         Article 1                             of the products from ports of shipment to places of
                                                               destination .
As part of its Food Aid Programme ( Cereals) for
1972/73 , the European Economic Community,
hereinafter referred to as the 'Community', shall              It undertakes to exercise the greatest possible care to
supply the Democratic Republic of the Sudan, here­             ensure that the tendering arrangements for the trans­
inafter referred to as the 'recipient country', by way         port by sea shall not be prejudicial to the free play
of a gift with 5 000 metric tons of common wheat.              of fair competition . Any problems arising in this
                                                               connection shall be the subject of consultations
                                                               under Article IX.
                         Article 11
Deliveries will be made in bulk fob to Community
ports .                                                                               Article V
                        Article III                            The recipient country undertakes to use the product
                                                               received as aid for purposes of consumption and to
The obligations and responsibilities of the Commu­             apply, for the sale of the product on its market, the
nity and of the recipient country relating in parti­           prices normally charged on that market for
cular to delivery and the taking of delivery respec­           products of comparable quality.
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 23 /48                          Official Journal of the European Communities                                     28 . 1 . 74
proposed by the recipient country and approved by                 sion of the ■ European               Communities    with     the
the Community .                                                    following information :
                         Article VI                                1 . 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 production                      was completed ;
and international trade . To this end they shall take
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 as
transactions which might reasonably be expected in                       aid have been fully used : quantities sold, how
the absence of such supplies . In particular, the recip­                 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 July 1973 and 30
June 1974 a minimum quantity of 146 000 metric                     3 . on 15 January every year until the special
tons of common wheat or its equivalent in flour of                       account has been fully used :
common wheat.
                                                                          ( a ) state of this account ( lodgments and with­
                                                                                drawals ) on 31 December of the preceding
                         Article V//                                            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                                            Article IX
    applies ;
— the export, commercially or otherwise, within 6                   At the request of either of them , the Contracting
     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 by-products resulting from it.
                                                                                                 Article X
                        Article VIII
                                                                    This Agreement shall be drawn up in duplicate in
 The recipient country undertakes to inform the                     the Danish, Dutch , English, French, German and
 Community of the mode of implementation of this                    Italian languages, each of these texts being equally
 Agreement . To this end it shall provide the Commis­               authentic .
                                                           ANNEX
                                      Provisions laid down in Article III of the Agreement
                           Article 1                                Any demurrage or dispatch money at the port of ship­
                                                                    ment shall be a charge on or for the benefit of the
 Delivery shall be effected and all risk shall pass from the        Community and shall be determined before the vessel
 Community to the recipient country at the moment at                sails . The rates and detailed arrangements relating
 which the goods have been placed in the ship 's hold at            thereto laid down in the contract between the recipient
 the port of shipment.
                                                                    country and the carrier must have been agreed upon in
 The recipient country shall bear all costs subsequent to            advance by the agent of the recipient country and the
 delivery of the goods, including costs of stowage and ,             authorized agent of the Community referred to in Article
  where appropriate, of trimming and bagging.                        9.
 ---pagebreak--- 28 . 1 . 74                             Official Journal of the European Communities                                 No L 23/49
                           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 recipient country in                control of the Community, the balance shall be loaded
good time of the port or ports of shipment, the quanti­            onto the next vessel under the conditions laid down in
ties to ibe 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 recipient country gives notice in writing that it
                                                                   gives up the balance, the goods shall be held at the
The Community must he prepared to load the goods on                 expense, risk anid peril of the recipient country.
the date resulting from the instructions in Article 8,
whereon the vessel should be ready for loading.                     The recipient country 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
                                                                    the - balance is due to begin or of its renunciation of the
 On delivery of the goods, a tolerance of 5 °/o less than           balance.
the quantity to be supplied in accordance with Article I
 of the Agreement is permitted.
                                                                     If this obligation is not respected, the Community may
                                                                     consider that it has discharged its commitment to the
                            Article 5                                recipient country under Article I of the Agreement.
 Once the goods are on board the vessel, the Commu­
 nity shall notify the recipient country of the date of
                                                                                                Article 8
 loading, together with the quantity and quality of the
 goods as recorded on loading.
                                                                     The recipient country shall name for the Community
                                                                     the vessel that is to ship the goods at least 10 clear days
                            Article 6                                prior to the estimated date of arrival of the vessel in
                                                                     port or where possible 20 clear days prior to this date ;
 The recipient country shall supply the Community ,                  it shall at the same time indicate how soon after that
 within the period referred to in Article 2, with a vessel            date the vessel will be ready for loading.
 of dimensions corresponding to the normal loading
  potential of the port of shipment .                                The recipient country shall insert in the charter party a
                                                                      clause requiring the captain to inform the Community at
  Should it prove impossible for the vessel to begin                 least 72 hours in advance of the vessel's estimated date
 loading within the period referred to in Article 2 and              of arrival in port.
  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                                        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
  Whatever the circumstances, the goods shall be held at              nity - shall appoint an authorized agent, whose name and
  the exipense, risk and peril of the recipient country.              address it shall make known in good time to the recip­
                                                                      ient country .
                             Article 7                                The recipient country shall nominate a receiving agent in
                                                                      each port of shipment, whose name and address it shall
  Should the recipient country fail to provide a vessel of            make known to the Community before the Agreement is
  suitable tonnage or if the quantity made available for              implemented.