CELEX: 
Language: en
Date: 1975-07-11 00:00:00
Title: Council Decision of 26 May 1975 on the conclusion of the Agreement between the European Economic Community and the Catholic Relief Service on the supply of common wheat flour as food aid #Agreement between the European Economic Community and the Catholic Relief Service on the supply of common wheat flour as food aid

No L 181 /36                     Official Journal of the European Communities                        11 . 7. 75
                                             COUNCIL DECISION
                                                 of 26 May 1975
           on the conclusion of the Agreement between the European Economic Commu­
           nity and the Catholic Relief Service on the supply of common wheat flour as
                                                     food aid
                                                   (75/41 8/EEC)
           THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            Having regard to the Treaty establishing the European Economic Community, and in
           particular Articles 113, 114 and 228 thereof ;
            Having regard to the recommendation from the Commission ;
           Whereas the European Economic Community has concluded the 1971 Food Aid Conven­
           tion ;
           Whereas the Catholic Relief Service has provided information about the needs, in cereals,
           of vulnerable groups of persons in Chile ; whereas this organization should be accorded,
           by way of gift, 1 1 952 metric tons of common wheat in the form of 7 915 metric tons of
           commpn wheat flour under the Community's food-aid programme for 1972/73,
            HAS DECIDED AS FOLLOWS :
                                                     Article 1
           The Agreement between the European Economic Community and the Catholic Relief
           Service on the supply of common wheat flour as food aid is hereby concluded on behalf
           of the Community.
           The text of the Agreement is annexed to this Decision .
                                                     Article 2
           The President of the Council is hereby authorized to designate the persons empowered to
           sign the Agreement and to confer on them the necessary powers to bind the Community.
            Done at Luxembourg, 26 May 1975.
                                                                      For the Council
                                                                       The President
                                                                      M. A. CLINTON
 ---documentbreak---                                                                                                                    V
 11 . 7. 75                         Official Journal of the European Communities                              No L 181 /37
                                                    AGREEMENT
              between the European Economic Community and the Catholic Relief Service on
                                 the supply of common wheat flour as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE CATHOLIC RELIEF SERVICE,
              of the other part,
               HAVE DECIDED to conclude this Agreement, and to this end have designated as their Plenipotenti­
              aries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE CATHOLIC RELIEF SERVICE :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                            distribute it free of charge to vulnerable groups of
                                                              persons in Chile through its linked organization in
As a part of its food-aid programme (cereals) for             that country, namely Caritas Chile.
1972/73, the European Economic Community (here­
inafter referred to as the 'Community') shall supply by
way of gift, the Catholic Relief Service (hereinafter
                                                                                       Article VI
referred to as the 'recipient body') with 1 1 952 metric
tons of common wheat in the form of 7 915 metric
tons of common wheat flour.                                   The recipient body undertakes to inform the Commu­
                                                              nity of the manner in which the Agreement is
                        Article II                            performed. To this end it shall communicate the
                                                              following information to the Commission of the Euro­
Deliveries shall be made cif ports of unloading Chile         pean Communities every three months until the quan­
in new cotton sacks each weighing 50 kg net.                  tities received as aid have been fully used up : quanti­
                                                              ties distributed ; number and nature of the benefici­
                        Article III                           aries ; places, rate and method of distribution .
The obligations and responsibilities of the Commu­
nity and of the recipient body relating to delivery and
                                                                                      Article VII
receipt are defined in the Annex which forms an inte­
gral part of this Agreement.
                                                              At the request of either of them, the Contracting
                        Article IV                            Parties shall consult each other on any questions
                                                              concerning the implementation of this Agreement.
The recipient body undertakes to make all necessary
arrangements for the transport and insurance of the
product from the cif stage to the places of destination .                            Article VIII
                        Article V
                                                              This Agreement is drawn up in duplicate in the
The recipient body undertakes to use the product              Danish, Dutch, English, French, German and Italian
received as aid for purposes of consumption and to            languages, each of these texts being authentic.
 ---pagebreak--- No L 181 /38                          Official Journal of the European Communities                                      11 . 7. 75
                                                               ANNEX
                                      PROCEDURES FOR DELIVERY AND RECEIPT
                           Article 1                               It shall have inserted in the charter-party an undertaking by
                                                                   the captain to give the recipient body at least 72 hours'
Delivery shall be effected and all risk shall pass from the        notice of the probable date of the ship's arrival in the port of
Community to the recipient body at the moment when the             discharge.
goods are either fully unloaded on quayside or else on silo­
boat at port of discharge, or on lighter.                                                      Article 4
The recipient body shall pay all subsequent delivery costs,        On delivery of the goods, an allowance of 5 % less than the
including costs of taking delivery.                                quantity to be supplied in accordance with Article I of the
Any demurrage costs at the port of discharge, due to delay         Agreement shall be permitted.
attributable to the recipient body, shall be borne by the
latter. The rates and conditions of payment laid down in the                                   Article 5
contract between the authorized agent of the Community
referred to in Article 5, and the carrier must have been           To implement the provisions of this Annex, the Community
agreed in advance between that agent and the receiving agent       shall appoint an authorized agent whose name and address it
of the recipient body referred to in the same Article.             shall make known in good time to the recipient body.
                                                                   The recipient body shall appoint a receiving agent in each
                           Article 2                               port of discharge, whose name and address it shall make
                                                                   known to the Community before the Agreement is imple­
The Community shall forward to the recipient body, as soon         mented .
as possible after the goods have been shipped, a notice giving
the name of the ship, the date of loading, the quantity and                                    Article 6
quality of the goods on loading, the port of discharge and the
daily unloading capacity of that port.                             On delivery of the goods, the recipient body shall hand over
                                                                   to the authorized agent of the Community a certificate of
                           Article 3                               receipt which shall set out the place and date of receipt and
                                                                   the nature and quantity of the goods received, together with
The Community shall inform the recipient of the ship's esti­       any comments on the quality of the goods. A copy of the
mated date of arrival at the port of discharge at least 10 clear   certificate shall be sent to the Commission of the European
days before chat date.                                             Communities .
                Information on the signing of the Agreement between the European Economic
                     Community and the Catholic Relief Service on the supply of food aid
                The Agreement between the European Economic Community and the Catholic Relief
                Service on the supply of common wheat flour as food aid, which the Council decided to
                conclude on 26 May 1975, was signed in Brussels on 28 May 1975, on behalf of the
                Council of the European Communities by :
                Mr Andrew O'Rourke, Minister Plenipotentiary, Chairman of the Committee of Deputy
                Permanent Representatives, and
                Mr Jean Durieux, Director in the Directorate-General for Development and Cooperation
                at the Commission of the European Communities,
                and on behalf of the Catholic Relief Service by :
                Mr Jean J. Chenard, Overseas Director.
 ---documentbreak--- NA ---documentbreak--- No L 181 /38                          Official Journal of the European Communities                                      11 . 7. 75
                                                               ANNEX
                                      PROCEDURES FOR DELIVERY AND RECEIPT
                           Article 1                               It shall have inserted in the charter-party an undertaking by
                                                                   the captain to give the recipient body at least 72 hours'
Delivery shall be effected and all risk shall pass from the        notice of the probable date of the ship's arrival in the port of
Community to the recipient body at the moment when the             discharge.
goods are either fully unloaded on quayside or else on silo­
boat at port of discharge, or on lighter.                                                      Article 4
The recipient body shall pay all subsequent delivery costs,        On delivery of the goods, an allowance of 5 % less than the
including costs of taking delivery.                                quantity to be supplied in accordance with Article I of the
Any demurrage costs at the port of discharge, due to delay         Agreement shall be permitted.
attributable to the recipient body, shall be borne by the
latter. The rates and conditions of payment laid down in the                                   Article 5
contract between the authorized agent of the Community
referred to in Article 5, and the carrier must have been           To implement the provisions of this Annex, the Community
agreed in advance between that agent and the receiving agent       shall appoint an authorized agent whose name and address it
of the recipient body referred to in the same Article.             shall make known in good time to the recipient body.
                                                                   The recipient body shall appoint a receiving agent in each
                           Article 2                               port of discharge, whose name and address it shall make
                                                                   known to the Community before the Agreement is imple­
The Community shall forward to the recipient body, as soon         mented .
as possible after the goods have been shipped, a notice giving
the name of the ship, the date of loading, the quantity and                                    Article 6
quality of the goods on loading, the port of discharge and the
daily unloading capacity of that port.                             On delivery of the goods, the recipient body shall hand over
                                                                   to the authorized agent of the Community a certificate of
                           Article 3                               receipt which shall set out the place and date of receipt and
                                                                   the nature and quantity of the goods received, together with
The Community shall inform the recipient of the ship's esti­       any comments on the quality of the goods. A copy of the
mated date of arrival at the port of discharge at least 10 clear   certificate shall be sent to the Commission of the European
days before chat date.                                             Communities .
                Information on the signing of the Agreement between the European Economic
                     Community and the Catholic Relief Service on the supply of food aid
                The Agreement between the European Economic Community and the Catholic Relief
                Service on the supply of common wheat flour as food aid, which the Council decided to
                conclude on 26 May 1975, was signed in Brussels on 28 May 1975, on behalf of the
                Council of the European Communities by :
                Mr Andrew O'Rourke, Minister Plenipotentiary, Chairman of the Committee of Deputy
                Permanent Representatives, and
                Mr Jean Durieux, Director in the Directorate-General for Development and Cooperation
                at the Commission of the European Communities,
                and on behalf of the Catholic Relief Service by :
                Mr Jean J. Chenard, Overseas Director.