CELEX: 21973A1218(02)
Language: en
Date: 1973-12-17 00:00:00
Title: Agreement between the European Economic Community and the Republic of Peru on the supply of common wheat as food aid

25 . 2 . 74                           Official Journal of the European Communities                          No L 53 / 15
                                                      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,
               on the one part,
               THE GOVERNMENT OF THE REPUBLIC OF PERU ,
               on 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
1971/72, the European Economic Community, here­                  play of fair competition. Any problems arising in
inafter referred to as the 'Community', shall supply             this connection shall be the subject of consultations
the Republic of Peru, hereinafter referred to as the              under Article IX .
'recipient country', by way of gift, with 13 500
metric tons of common wheat.                                                             Article V
                          Article II
                                                                 The recipient country undertakes to use the product
                                                                  received as aid for purposes of consumption and to
 Deliveries will be made in bulk fob to Community                 apply, for the sale of the product on its market, the
 ports .
                                                                  prices normally charged on that market for
                                                                  products of comparable quality .
                          Article III
                                                                  The proceeds from this sale, less the costs of sea
The obligations and responsibilities of the Commu­                transport, of insurance and the normal cost of
 nity and of the recipient country relating in parti­             selling the product on the recipient country's
 cular to delivery and the taking of delivery respec­             market, shall be paid into a special account at the
 tively are defined in the Annex, which forms an inte­            Central Bank of that country and allocated to the
 gral part of this Agreement.                                     financing of one or more development schemes
                                                                  proposed by the recipient country and approved by
                          Article IV                              the Community .
                                                                                         Artie e VI
 The recipient country undertakes to make all neces­
 sary arrangements for the transport and insurance
 of the product from ports of shipment to places of               The Contracting Parties undertake to implement
 destination .                                                    this Agreement in such a way as to avoid any preju­
 ---pagebreak--- No L 53 / 16                          Official Journal of the European Communities                                    25 . 2 . 74
dice to the normal structure of domestic production                1 . not later than 30 days after the unloading of
and international trade. To this end they shall take                    each cargo : port and date of arrival of
any measures required to ensure that aid supplies                       the vessel ; nature, quantity and quality of the
are in addition to, and do not replace, commercial                      products unloaded ; date on which unloading
transactions which might reasonably be expected in                      was completed ;
the absence of such supplies . In particular, the recip­           2 . every three months until the quantities received
ient country undertakes to import commercially                          as aid have been fully used : quantities sold,
from whatever source between 1 July 1972 and 30                          how they have been sold, selling prices ; normal
June 1973 a minimum quantity of 600 000 metric                           selling costs on the recipient country's market ;
tons of common wheat or its equivalent in flour of
common wheat .                                                     3 . on 15 January every year until the special
                                                                         account has been fully used :
                         Article VII
                                                                         ( a ) state of this account ( deposits and with­
The recipient country shall take all appropriate                                drawals ) on 31 December of the preceding
measures to prevent :                                                           year ;
— the re-export of the product received as aid and                        ( b ) progress achieved in the project or projects,
     of products and by-products resulting from such                            with an indication of the total amount of
     supplies ;                                                                 financing carried out at that stage.
 — the export, commercially or otherwise, within
                                                                                                Article IX
     six months of the last delivery, either of local
     produce of the same nature as that received as
                                                                    At the request of either of them, the Contracting
     aid or of any products or by-products resulting
     from it .
                                                                    Parties shall consult each other on any questions
                                                                     concerning the implementation of this Agreement.
                         Artie e VIII
                                                                                                 Article X
 The recipient country 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 Commis­                 the Danish, Dutch, English, French, German , Italian
 sion of the European Communities with the                           and Spanish languages, each of these texts being
 following information :                                             authentic .
                                                            ANNEX
                                       Provisions laid down in Article III of the Agreement
                            Article 1                                 authorized agent of the Community referred to in
                                                                      Article 9 .
  Delivery shall be effected and all risk shall pass from the
  Community to the recipient country at the moment at
                                                                                                  Article 2
  which the goods have been placed in the ship 's hold at
  the port of shipment.
                                                                      The Community shall notify the recipient country in
  The recipient country shall bear all costs subsequent to            good time of the port or ports of shipment, the quanti­
  delivery of the goods, including costs of stowage and ,             ties to be delivered at each port, the period within which
  where appropriate, of trimming and bagging.                          loading must begin , and the daily loading rate.
  Any demurrage or dispatch money at the port of ship­
  ment shall be a charge on or for the benefit of the                                              Article 3
  Community and shall be determined before the vessel
  sails . The    rates and detailed arrangements relating
  thereto laid  down in the contract between the country of            The Community must be prepared to load the goods on
   destination  and the carrier must have agreed upon in               the date resulting from the instructions in Article 8,
   advance by    the agent of the recipient country and the            whereon the vessel should be ready for loading .
 ---pagebreak--- 25 . 2. 74                           Official Journal of the European Communities                              No L 53 17
                           Article 4                           In this event, until the date of loading of the balance or
                                                               until the recipient country gives notice in writing that it
On delivery of the goods, a tolerance of 5 °/o less than       gives up the balance, the goods shall be held at the
the quantity to be supplied in accordance with Article I       expense, risk and peril of the recipient country .
of the Agreement is permitted .
                                                               The recipient country must notify the Community within
                           Article 5                           a maximum period of 30 clear days from the beginning
                                                               of loading of the shipment to which the goods should
 Once the goods are on board the vessel, the Community         have belonged , of the date on which loading of the
shall notify the recipient country of the date of loading,     balance is due to begin or of its renunciation of the
together with the quantity and quality of the goods as         balance .
recorded on loading.
                                                               If this obligation is not respected, the Community may
                           Article 6                           consider that it has discharged its commitment to the
                                                                recipient country under Article I of the Agreement.
The recipient country shall supply the Community, within
the period referred to in Article 2, with a vessel of                                      Article 8
dimensions corresponding to the normal loading poten­
tial of the port of shipment.                                  The recipient country shall name for the Community the
                                                               vessel that is to ship the goods at least 10 clear days
 Should it prove impossible for the vessel to begin            prior to the estimated date of arrival of the vessel in
 loading within the period referred to in Article 2 and        port or where possible 20 clear days prior to this date ;
 should the recipient country not have notified the            it shall at the same time indicate how soon after that
 Community of this fact in writing at the latest by the         date the vessel will be ready for loading.
date on which the vessel should he ready for loading
in accordance with Article 8 , the goods shall be at the       The recipient country shall insert in the charter party a
the expense, risk and peril of the recipient country.          clause requiring the captain to inform the Community at
                                                               least 72 hours in advance of the vessel 's estimated date
"Whatever the circumstances, the goods shall be held at        of arrival in port.
the expense, risk and peril of the recipient country .
                                                                                           Article 9
                           Article 7
                                                               To implement the provisions of this Annex, the Commu­
                                                               nity shall appoint an authorized agent, whose name and
Should the recipient country fail to provide a vessel of
                                                               address it shall make known in good time to the reci­
suitable tonnage or if the quantity made available for
                                                               pient country .
loading on a vessel of suitable tonnage cannot be put on
board in its entirety because of circumstances beyond the      The recipient country shall nominate a receiving agent in
control of the Community, the balance shall be loaded          each port of shipment, whose name and address it shall
onto the next vessel under the conditions laid down in         make known to the Community before the Agreement is
this Annex .                                                   implemented .
               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 17 December
                1973 , was signed in Brussels on 18 December 1973 , by
               Mr Niels Ersboll, Ambassador Extraordinary and Plenipotentiary, Chairman of the
               Permanent Representatives Committee, and
               Mr Hans-Broder Krohn, Director-General for Development and Cooperation at the
               Commission of the European Communities, on behalf of the Council of the European
               Communities, and by
               Mr Julio C. Doig S. , Ambassador Extraordinary and Plenipotentiary, Head of the
               Peruvian Mission to the European Communities on behalf of the Government Peru .