CELEX: 21975A0324(08)
Language: en
Date: 1975-02-17 00:00:00
Title: Agreement between the European Economic Community and the Republic of India on the supply of common wheat as food aid

24 . 3 . 75                          Official Journal of the European Communities                        No L 75 /41
                                                     AGREEMENT
             between the European Economic Community and the Republic of India 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 INDIA ,
              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 INDIA :
              WHO HAVE AGREED AS FOLLOWS :
                          Article I                             play of fair competition. Any problems arising in
                                                               this connection shall be the subject of consultations
As part of its food-aid programme (cereals) for 1973/          under Article VIII .
74, the European Economic Community, hereinafter
referred to as the 'Community', shall supply the                                     Article IV
Republic of India, hereinafter referred to as the
'country of destination', by way of gift, with 30 000          The country of destination undertakes to use the
metric tons of common wheat.                                   product received as aid for purpose of consumption
                                                               and to apply, for the sale of the product on its
                                                               market, the prices normally charged on that market
                          Article II                           for products of comparable quality.
Deliveries will be made in bulk fob in accordance              The proceeds of this sale, evaluated on a lump sum
with the detailed rules set out in the Annex which             basis by agreement between the Community and the
forms an integral part of this Agreement.                      country of destination shall be entered as revenue in
                                                               the budget of the central government of that country
                                                               and used for the financing of development projects
                         Article III                           which shall be communicated by the country of
                                                               destination and which shall not give rise to any
The country of destination undertakes to make all              observations on the part of the Community.
necessary arrangements for the transport and
insurance of the product from point of delivery to
places of destination.                                                                Article V
It undertakes to exercise the greatest possible care to        The Contracting Parties undertake to implement this
ensure that the tendering arrangements for the                 Agreement in such a way as to avoid any prejudice
transport by sea shall not be prejudicial to the free          to the normal structure of domestic production and
 ---pagebreak--- No L 75 /42                           Official Journal of the European Communities                                24 . 3 . 75
international trade. To this end they shall take any                  quantity of the product discharged and any
measures required to ensure that aid supplies are in                  observations as to the quality ; date on which
addition to, and do not replace, commercial                           discharge was completed; costs of sea transport
transactions which might reasonably be expected in                    and of insurance relating thereto ;
the absence of such supplies.
                                                                 2. every three months until the quantities received
                                                                      as aid have been fully used: quantities sold, how
                          Article VI                                  they have been sold, selling prices ; normal selling
                                                                      costs on the market of the country of destination;
The country of destination shall take all appropriate                 insurance costs and, where appropriate, transport
measures to prevent :                                                 costs from the port of discharge to the places of
                                                                      destination;
— the re-export of the product received as aid and
     of products and by-products resulting from such             3 . on 15 January every year until completion of the
     supplies ;                                                       development projects : progress achieved in the
                                                                      project or projects, with, an indication of the total
— the export, commercially or otherwise, within six                   amount of financing carried out at that stage.
     months of the last delivery, either of local
     produce of the same nature as that received as
     aid or of any products or by-products resulting
     from it.                                                                            Article VIII
                         Article VII                             At the request of either of them, the Contracting
                                                                 Parties shall consult each other on any questions
                                                                 concerning the implementation of this Agreement.
The country of destination undertakes to inform the
Community of the mode of implementation of this
Agreement. To this end it shall provide the
Commission of the European Communities with the                                           Article IX
following information :
                                                                 This Agreement shall be drawn up in duplicate in
 1 . immediately after the discharge of each cargo :             the Danish, Dutch, English, French, German and
     port and date of arrival of vessel ; nature and             Italian languages, each of these texts being authentic.
                                                           ANNEX
                                       DELIVERY AND ACCEPTANCE PROCEDURES
                         CHAPTER I                                                         Article 2
                      General provisions                          On delivery of the goods, a tolerance of 5 %> less than
                                                                  the quantity to be supplied in accordance with Article I
                                                                  of the Agreement is permitted.
                           Article 1
                                                                                           Article 3
 Delivery shall be effected and all risk shall pass from the
 Community to the country of destination at the moment            For the purpose of implementing the provisions of this
 at which the goods are put down at the point of                  Annex the Community shall appoint — if necessary for
 exportation named by the Commission of the European              each consignment — an agent whose name and address it
 Communities at the berth specified by the country of             shall make known to the country of destination
 destination or its agent referred to in Article 3 and under      immediately following his appointment. For each port of
 the terms specified in this Annex. "Without prejudice to         shipment the country of destination shall appoint an
 Articles 8 and 9 the Community shall bear all costs prior        agent whose name and address it shall make known to
 to delivery and the country of destination all costs after (     the Community with all dispatch and if possible before
 delivery.                                                        the appointment of the agent of the Community.
 ---pagebreak---                                        Official Journal of the European Communities                               No L 75 /43
24. 3 . 75
                            Article 4                            commencement of delivery as soon as he knows them, if
                                                                 possible 20 clear days in advance and in any case 10
Before implementing the procedure for appointing the              clear days before the date for commencement of delivery.
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 paragraph 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. Save in cases of force majeure, the costs arising
country of destination — for example, demurrage, void             from the delay in loading shall be borne by the country
freight and dead freight — shall be borne by the                  of destination.
Community.
                                                                  Should the new date provided for in the second
The charges and the arrangements relating to demurrage            paragraph be more than 30 clear days after the date for
laid down in the contract concluded between the country           loading provided for in the first paragraph of Article 7,
of destination and the carrier must have previously been          the Community may dispose of the goods without
 agreed by the country of destination and the agent of the        prejudice to its commitment under Article I of this
Community.                                                        Agreement.
The other costs referred to in the first paragraph shall be                                  Article 9
 refunded by the Community only if they have been paid
by the country of destination with the approval of the            Where the quantity intended for loading on a vessel
Community.                                                         cannot be loaded on board in its entirety, the country of
                                                                  destination shall inform the Community as soon as
                             Article 6                            possible, and no later than 15 clear days after loading
                                                                  has been completed, whether it intends to accept or to
 Where it is impossible for the Community to supply all            renounce the balance.
 or part of the goods on the date and within the time
 limits provided for in Article 7, the agents of the               In the former case the second and third paragraphs of
 Community and of the country of destination may,                 Article 8 shall apply to the balance, if delivery has not
 without prejudice to Articled, agree on a new date and a         yet taken place.
 new time limit for the delivery of all the goods or of the
 undelivered part thereof.                                         In the latter case the Community may consider that it has
                                                                   discharged its commitment to the country of destination
                                                                   under Article I of this Agreement and shall bear the costs
                        CHAPTER III                                resulting from renunciation.
           Obligations of the country of destination               In any event, after an interval of 15 clear days and in the
                                                                   absence of any notice on the part of the country of
                             Article 7
                                                                   destination, renunciation shall be deemed to have taken
                                                                   place.
 After contacting the Community, the country of                                              Article 10
 destination shall procure, to transport all the quantities
 provided for in Article I of the Agreement, one or more           Upon delivery of the goods, the country of destination
 vessels of dimensions corresponding to the normal                 shall hand over to the authorized agent of the
 capacity of the port of shipment; these vessels must be           Community a certificate of acceptance which shall set
 ready for loading on a date falling within the period             out the port of shipment, date of acceptance and the
 referred to in Article 4.
                                                                   nature and quantity of the goods accepted, together with
                                                                   any comments on the quality of the goods. A copy of the
 The agent of the country of destination shall inform the          certificate shall be sent to the      Commission of the
 Community of this date and of the date for                        European Communities.