CELEX: 21974A1214(02)
Language: en
Date: 1974-10-03 00:00:00
Title: Agreement between the European Economic Community and the Republic of Peru on the supply of common wheat as food aid

14. 12. 74                        Official Journal of the European Communities                          No L 335 /7
                                                    AGREEMENT
              between the European Economic Community and the Republic of Peru 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 PERU ,
              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 PERU :
              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
 1973 /74, 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 Peru, hereinafter referred            under Article VIII.
 to as the 'country of destination ', by way of gift,
 with 5 000 metric tons of common wheat.
                                                                                     Article IV
                        Article 11
                                                              The country of destination undertakes to use the
Deliveries will be made in bulk fob in accordance             product received as aid for purposes of consumption
with the detailed rules set out in the Annex which is         and to apply, for the sale of the product on its
an integral part of this Agreement.                           market, the prices normally charged on that market
                                                              for products of comparable quality.
                        Article 111                           The proceeds from this sale shall be paid into a
                                                              special account at 'the central bank of that country
The country of destination undertakes to make all             and allocated to the financing of one or more
necessary arrangements for tfhe transport and                 development schemes in accordance with the
insurance of the product from point of delivery to            procedure to be agreed between the recipient country
places of destination.                                        and the Community.
 ---pagebreak--- No L 335/8                            Official Journal of the European Communities                                 14. 12. 74
                         Article V                                1 . immediately after the discharge of each cargo :
                                                                      port and date of arrival of vessel ; nature,
The Contracting Parties undertake to implement this                   quantity and any observations as to the quality
Agreement in such a way as to avoid any prejudice                     of the product discharged ; date on which
to the normal structure of domestic production and                    discharge was completed; costs of sea transport
international trade. To this end they shall take any                  and of insurance relating thereto ;
measures required to ensure that aid supplies are in
addition to, and do not replace, commercial trans­                2. every three months until the quantities received
actions which might reasonably be expected in the                     as aid have been fully used : quantities sold, how
absence of such supplies. In particular, the country of               they have been sold; selling prices ; normal selling
destination undertakes to import commercially from                    costs on the market of the country of destination;
whatever source between 1 July 1974 and 30 June                       insurance costs and, where appropriate, transport
1975 a minimum quantity of 646 200 metric tons                        costs from the port of discharge to the places of
of common wheat, or its equivalent in flour of                        destination ;
common wheat.
                                                                  3 . on 15 January every year until the special
                                                                      account has been fully used :
                         Article VI
                                                                      ( a) state    of   this    account     (deposits   and
The country of destination shall take all appropriate                      withdrawals)     on    31   December      of    the
measures to prevent :                                                       preceding year;
— the re-export of the product received as aid and                    (b) progress achieved in the project or projects,
    of products resulting from such supplies ;                             with an indication of the total amount of
                                                                           (financing carried out at that stage.
— the export, commercially or otherwise, within
    six months of the last delivery, either of local                                      Article VIII
    produce of tlhe same nature as that used to
    produce the flour received as aid or of any                  At the request of either of them, the Contracting
    products or by-products resulting from it.                   Parties shall consult each other on any questions
                                                                 concerning the implementation of this Agreement.
                        Article VII
                                                                                           Article IX
The country of destination 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, Italian
Commission of the European Communities with the                   and Spanish languages, each of these texts being
following information :                                           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--- 14. 12. 74                            Official Journal of the European Communities                              No L 335/9
                          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                   Obligations of the country of destination
of the Agreement is permitted.
                                                                                           Article 7
                          Article 3
                                                                 After contacting the Community, the country of
For the purpose of implementing the provisions of this           destination shall procure to transport all the quantities
Annex the Community shall appoint — if necessary for             provided for in Article I of the Agreement, one or more
each consignment — an agent whose name and address it            vessels of dimensions corresponding to the normal
shall make known to the country of destination                   capacity of the port of shipment; these vessels must be
immediately following his appointment. For each port of          ready for loading on a date falling within the period
shipment the country of destination shall appoint an             referred to in Article 4.
agent whose name and address it shall make known to
the 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
                                                                 commencement of delivery as soon as he knows them, if
                          Article 4                              possible 20 clear days in advance and in any 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             He shall establish with the agent of the Community the
Commission of the European Communities and the                   schedule according to which delivery shall take place.
country of destination shall establish by joint agreement
the period during which delivery must begin.
                                                                                            Article 8
                       CHAPTER II                                Where the country of destination is unable to begin
                                                                 loading on the date provided for in the first paragraph of
                                                                 Article 7, the agent of the country of destination shall
              Obligations of the Community                       inform the agent of the Community without delay.
                                                                 In this event the agents of the Community and of the
                          Article 5
                                                                 country of destination may agree on a new date for the
                                                                 commencement of delivery and, if applicable, a new
Where the Community is not in a position to carry out            schedule. The costs arising from the delay in loading
delivery on the date, and, if applicable, according to the       shall in all cases except force majeure be borne by the
schedule laid down in Article 7, all costs arising for the       country of destination.
country of destination — for example, demurrage, void
freight and dead freight — shall be borne by the                 Should the new date provided for in the second paragraph
Community.                                                       be more than 30 clear days after the date for loading
                                                                 provided for in the first paragraph of Article 7,
The charges and the arrangements relating to demurrage           the Community may dispose of the goods without
laid down in the contract concluded between the country          prejudice to its commitment under Article I of this
of destination and the carrier must have previously been         Agreement.
agreed by the country of destination and the agent of the
Community.
                                                                                           Article 9
The other costs referred to in the first paragraph shall be
refunded by the Community only if they have been paid
by the country of destination with the approval of the           Where the quantity made available for loading on a
Community.                                                       vessel 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
                          Article 6                              loading has been completed, whether it intends to accept
                                                                 or to renounce the balance.
Where it is impossible for the Community to supply all
or part of the goods on the date and within the time             In the former case the second and third paragraphs of
limits provided for in Article 7, the agents of the              Article 8 shall apply to the balance, if delivery has not
Community and of the country of destination may,                 yet taken place.
without prejudice to Article 5, agree on a new date and a
new time limit for the delivery of all the goods or of the       In the latter case the Community may consider that it has
undelivered part thereof.                                        discharged its commitment to the country of destination
 ---pagebreak--- No L 335 / 10                         Official Journal of the European Communities                                 14. 12. 74
under Article I of this Agreement and shall bear the costs                                 Article 10
resulting from renunciation .
                                                                 Upon delivery of the goods, the country of destination
                                                                 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
destination , renunciation shall be deemed to have taken         the quality of the goods. A copy of the certificate chall be
place .                                                          sent to the Commission of the European Communities.
               Information on the signing of the Agreement between the European Economic Community
                                 and the Republic of Peru on the supply of food aid
                The Agreement between the European Economic Community and Peru on the supply
               of common wheat as food aid, which the Council decided to conclude on 3 October
                1974, was signed in Brussels on 7 October 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 the Government of Peru by :
               Mr Julio C. Doig S. , Ambassador Extraordinary and Plenipotentiary, Head of the Mission
               of Peru to the European Economic Community.