CELEX: 21973A1019(01)
Language: en
Date: 1973-07-16 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

No L 23 /4                          Official Journal of the European Communities                         28 . 1 . 74
                                                      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 ,
               ot the one part, and
               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                                                  Article II
                                                               The country of destination undertakes to make all
Under its food aid programme for cereals for the               necessary arrangements for transporting the deliv­
year 1970/71 , and in accordance with the Decision             ered products from the ports of shipment to their
taken by the Council of the European Communities               destination .
on April 6 1971 , the European Economic Commu­
nity, hereinafter referred to as 'the Community',
 shall make the Democratic Republic of the Sudan ,             It undertakes to exercise the greatest possible care
 hereinafter referred to as 'the country of destination ',     to ensure that the tendering arrangements for the
 a gift of 9 000 metric tons of common wheat .                 transport by sea are not prejudicial to the free play
                                                               of fair competition . Any problem arising in this
                                                               connection shall be the subject of consultations
 Deliveries shall be in bulk, fob Community ports .            under Article VIII .
The Commission of the European Communities                                           Article III
shall inform the country of destination in good
 time, by letter, telex or telegram, of the ports of
 shipment, the quantities, the dates of availability at        The country of destination undertakes to use the
 the said ports and the daily loading rate .                   products received as aid for purposes of consump­
                                                               tion and to apply, for the sale of the wheat on its
                                                               market, the prices normally charged on that market
The responsibilities of the Community and the                  for products of comparable quality.
country of destination with regard to shipment and
 to taking delivery fob respectively are set out in            The proceeds from this sale, less the cost of sea
 the Annex, which forms an integral part of this               transport and the normal cost of selling the product
 Agreement.                                                    on the market of the country of destination, will be
 ---pagebreak---  28 . 1 . 74                       Official Journal of the European Communities                            No L 23 /5
paid into a special account and allocated to the                  loaded ; dates on which the unloading was
financing of development schemes undertaken by                    completed ;
this country.
                                                              2. marketing :     quantities     sold ; method     of
                       Article IV                                 marketing ; selling prices ;
The Contracting Parties undertake to implement                3 . commercial imports : quantities of common
this Agreement in such a way as to avoid any preju­               wheat and wheat flour commercially imported
dice to the normal structure of domestic production               from all origins between 31 July 1972 and 30
and international trade. To this end, they shall take             June 1973 ;
any measures required to ensure that aid supplies
are in addition to, and do not replace, commercial            4. situation with regard to the special account set
transactions which might reasonably be expected in                up in local currency with the proceeds of the sale
the absence of such supplies. In particular the                   of the products received as aid ;
country of destination undertakes to import                   5 . projects financed from the special account ; rela­
commercially from whatever source between 1 July                  tive importance of these funds in the overall
1972 and 30 June 1973 a minimum quantity of                       financing of projects .
146 000 metric tons of wheat or its equivalent in
wheat flour.
                                                                                      Article VII
                        Article V
                                                              The information referred to in Article VI shall be
 The country of destination shall take all appro­             communicated within the following time limits :
priate measures to prevent :                                  — transport : not more than 30 days after the
— the re-exportation of the products received as                   unloading of each cargo ;
     aid, and of products and by-products derived             — commercial imports : by 31 July 1973 ;
     from them ; as well as
                                                              — other information : a report on the situation at
— the exportation, for trade and other purposes,                   31 December each year shall be communicated
     within six months of the last delivery, either of
                                                                   by 15 January of the following year, until such
     the products obtained locally which should be                 time as the special account has been completely
     of the same nature as the products received as                 liquidated .
     aid or of products of the first processing stage,
     or by-products derived from them .
                                                                                     Article Vlll
                       Article VI
                                                              At the request of either of them, the Contracting
The country of destination undertakes to inform the           Parties shall consult each other on any questions
Community how this Agreement is being imple­                   concerning the implementation of this Agreement.
mented . To this end, it shall provide the Commis­
sion of the European Communities with the                                             Article IX
following information :
                                                              This Agreement is drawn up in duplicate in the
1 . transport : ports and dates of arrival of vessels ;       Danish, Dutch, English, French, German and Italian
     nature, quantity and quality of the product              languages, each of these texts being authentic.
 ---pagebreak--- No L 23 /6                              Official Journal of the European Communities                                 28 . 1 . 74
                                                            ANNEX
                Conditions applicable to the handing-over of the common wheat at the ports of shipment
To ensure the smooth operation of the Agreement and                Should the country of destination fail to provide a vessel
in particular of Article I thereof, the Contracting Parties        of suitable tonnage within the time limit indicated in
have agreed as follows :                                           accordance with Article I of the Agreement, it shall be
                                                                   regarded as being in default unless it notifies the Commu­
                                                                   nity by telegram , not later than the last day of the
                            Article 1
                                                                   period fixed for delivery, that it is seeking an extension
                                                                   of this period. Where such an extension is sought, the
Except as otherwise provided in Article 3 ( 6 ), delivery          Community shall hold the goods on behalf of the
will be deemed to be effected at the moment at which               country of destination, expenses resulting from this being
the goods have effectively passed the ship's rail at the           borne by the latter.
port of shipment ; all costs of stowage and securing shall
be borne by the country of destination.                            The country of destination shall be responsible for any
                                                                   consequences resulting from the fact that the size of a
                                                                   vessel supplied by it proves unsuitable for the loading
                            Article 2
                                                                    facilities provided at the port of shipment.
 Except as otherwise provided in Article 3 (6 ), the risk
 shall be transferred from the Community to the country                                        Article 4
 of destination at the moment when the goods have effec­
 tively passed the ship's rail at the port of shipment.
                                                                    The tolerance on shipment of the quantities notified in
                                                                    accordance with Article I of the Agreement shall be 5 °/o,
                            Article 3
                                                                    although the total quantity of 9 000 metric tons shall not
                                                                    be exceeded .
 The country of destination shall procure and inform the
                                                                    If, however, the quantiity made available - for loading on
 Community , in good time, of the names of the vessels
                                                                    a given vessel cannot be put on board in its entirety
 which are to ship the goods, so that the loading dates             because of circumstances beyond the control of the
 indicated in accordance with Article I of the Agreement
                                                                    Community , the balance which could not be put on
 may be respected .
                                                                    board within the specified time limits shall be stored at1
                                                                    the expense of the country of destination and shipped on
 The vessel is to be named by the country of destination            the next vessel .
 at least 7 clear days prior to the estimated date of
  arrival in port. This country shall be responsible for any
  consequences arising either from its failure to name the           If the country of destination informs the Community
  vessel or from delay in doing so .                                 within a period of 15 clear days that it will not take
                                                                     delivery of this balance , the handling and storing
 The country of destination shall insert in the charter­            expenses incurred shall be borne by the country of desti­
 party a clause requiring the captain to inform the                 nation until such time as it gives notice that it gives up
 Community at least 72 hours in advance of the vessel 's            this balance . In this event , the Community may consider
  estimated date of arrival in port .                               that it has discharged its commitments to the country of
                                                                     destination .
  The goods shall be held at the disposal of the country of
  destination in the port indicated from the date on which
  the ship is declared ready for loading. In the event of the                                   Article 5
  Community not placing the goods at the disposal of the
  vessel in good time , any consequences resulting from              Once the goods are on board the vessel , the Community
  this, in particular demurrage and/or dead freight, shall           shall notify the country of destination without delay of
  be dealt with by the Community .                                   the date of loading , the quantity and quality of the
                                                                     goods , noted on loading and mentioned in the vessel 's
  Should there be a delay in the arrival of the vessel               bill of lading .
  named by the country of destination at the port of ship­
  ment, and this delay prevents loading within the time
  limits indicated in accordance with Article I of the Agree­                                   Article 6
  ment, or should it prove impossible for it to load , the
  goods shall be held at the expense, risk and peril of this          All surety charges for delivery shall be borne by the
  country .                                                          country of destination .
 ---pagebreak--- 28 . 1 . 74                        Official Journal of the European Communities                           No L 23 /7
                        Article 7                            To deal with any eventualities, the Democratic Republic
                                                             of the Sudan shall nominate a representative in each
The Contracting Parties reserve the right to nominate        port of shipment.
one or more agents to execute the Agreement.
             Information on the signing of the Agreement between the European Economic
                 Community and the Democratic Republic of the Sudan on the supply of food aid
             The Agreement between the European Economic Community and the Sudan on the
             supply of common wheat as food aid which the Council decided to conclude on
              16 July 1973 was signed in Brussels on 19 October 1973 on behalf of the Council
             of the European Communities by :
             Mr Niels Ersboll, Ambassador. Extraordinary and Plenipotentiary, Chairman of the
             Permanent Representatives Committee, and
             Mr Hans-Broder Khrohn, Director-General for Development and Cooperation of the
             Commission of the European Communities, and on behalf of the Government of the
             Sudan by :
             Mr S. O. Hashim, its Ambassador Extraordinary and Plenipotentiary in Paris.