CELEX: 21975A0711(01)
Language: en
Date: 1975-05-20 00:00:00
Title: Agreement between the European Economic Community and the world food programme on the supply of cereals to developing countries as food aid

11 . 7 . 75                        Official Journal of the European Communities                                No L 181 /33
                                                        AGREEMENT
              between the European Economic Community and the World Food Programme
                          on the supply of cereals to developing countries as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE WORLD FOOD PROGRAMME,
              a programme undertaken jointly by the United Nations Organization and the United Nations Food
              and Agriculture Organization,
              of the other part,
              Whereas the object of the World Food Programme is to use contributions received under the
              programme to meet emergency food requirements and to carry out projects involving the use of food­
              stuffs to promote economic and social development ;
              Whereas there are stocks of cereals available in the European Economic Community ; whereas, to
              contribute towards achieving the objectives of the World Food Programme, the Community has
              decided to place at the latter's disposal a certain quantity of these products,
              HAVE DECIDED to conclude this Agreement, and to this end have designated as their Plenipotenti­
              aries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE WORLD FOOD PROGRAMME :
              WHO HAVE AGREED AS FOLLOWS :
                          Article I                                                           Article III
                                                                     Deliveries shall be made fob in accordance with the
As part of its " food-aid programme (cereals) for                    procedure laid down in the Annex, which forms an
1973/74, the European Economic Community, here­                      integral part of this Agreement, or at a corresponding
inafter referred to as the 'Community', shall supply as             stage, in accordance with a procedure to be deter­
a gift to the World Food Programme, hereinafter                      mined .
referred to as the 'recipient organization', for the
benefit of developing countries, a quantity of. products
equal to 30 000 metric tons of unprocessed cereals.
                                                                                              Article IV
                                                                     1 . The recipient organization undertakes to make
                         Article II                                  all necessary arrangements for the transport and insur­
                                                                    ance of the goods from point of delivery to place of
                                                                     destination and for their distribution . .
The 30 000 metric tons of cereals shall be supplied in
their natural state, or as products which have under­                2. The Community shall pay the recipient organiza­
gone a first transformation process, according to the                tion a contribution of 16 units of account per metric
recipient organization's requests, as agreed by the                  ton delivered of unprocessed cereals or equivalent in
Community. The deliveries shall be made in bulk, or                  products having undergone a first transformation
in new jute or cotton sacks each of 50 kg net weight,                process, towards costs incurred under paragraph 1 . It
according to the requirements of the projects.                      shall be paid in respect of each delivery of cereals
 ---pagebreak---   No L 181 /34                            Official Journal of the European Communities                                    11 . 7. 75
  received by the recipient organization and 30 days                     tity of the goods unloaded and any comments
  after receipt by the Community of the letter of accep­                 regarding their quality ; date on which unloading
  tance provided for in Article 10 of the Annex.                         was completed ;
                                                                    — at regular intervals until the quantities received as
                             Article V                                   aid have been used up : information concerning
  The recipient organization undertakes to use the                       the progress of the projects for which aid was
  product received as aid for implementing emergency                     supplied, in particular quantities distributed,
  measures and for carrying out economic and social                      number and nature of recipients and places, rate
                                                                         and method of distribution .
  development and food-aid projects previously autho­
  rized by the Community.
                                                                                             Article VII
                            Article VI                              At the request of either of them, the Contracting
  The recipient organization undertakes to inform the                Parties shall consult each other on any questions
  Community of the manner in which this Agreement                    concerning the implemention of this Agreement.
  is implemented. To this end it shall provide the
                                                                                             Article VIII
  Commission of the European Communities with the
  following information :                                            This Agreement is drawn up in duplicate in the
  — within a reasonable period following unloading :                 Danish, Dutch, English, French, German, Italian and
       port and date of arrival of vessel ; nature and quan­         Spanish languages, each of these texts being authentic.
                                                                ANNEX
                                          DELIVERY AND ACCEPTANCE PROCEDURES
                            CHAPTER I                                shall appoint in each port of shipment an agent whose name
                                                                     and address it shall make known to the Community with all
                                                                     dispatch and if possible before the appointment of the
                        General provisions                           Community agent.                           '
                              Article 1                                                         Article 4
   Delivery shall be effected and all risk shall pass from the       Before implementing the procedure for appointing the agent
   Community to the recipient organization at the moment at          of the Community referred to in Article 3 , the Commission
s  which the goods are put down at the point of exportation          of the European Communities and the recipient organization
   named by the Commission of the European Communities at            shall establish by common agreement the period during
   the berth specified by the recipient organization or its agent    which delivery must begin .
   referred to in Article 3 and under the terms specified in this
   Annex. Without prejudice to Articles 8 and 9 , the Commu­
   nity shall bear all costs prior to delivery and the recipient                             CHAPTER II
   organization all costs after delivery.
                                                                                   Obligations of the Community
                              Article 2
                                                                                                Article 5
   On delivery of the goods, a tolerance of 5 % less than the
   quantity to be supplied in accordance with Article 1 of the       Where the Community is not in a position to carry out
   Agreement is permitted .                                          delivery on the date, and if applicable, according to the sche­
                                                                     dule laid down in Article 7, all costs arising fof the recipient
                              Article J                              organization — for example, demurrage, void freight and
                                                                     dead freight — shall be borne by the Community, provided
   For the purpose of implementing this Annex the Commu­             that the costs are charged at the normal rate.
   nity shall appoint — if necessary for each consignment —
   an agent whose name and address it shall make known to                                       A rticle 6
   the recipient organization immediately following his appoint­
   ment together with the port or ports of loading. Only ports       Where the Community is unable to supply all or part of the
   which are accessible to ocean-going vessels and used for inter­   goods on the date and within the time limit provided for in
   national freight may be named. The recipient organization         Article 7, it shall so inform the recipient organization in
 ---pagebreak--- 11 . 7. 75                             Official Journal of the European Communities                              No L 181 /35
writing without delay and in any case within eight days ; the    from the delay in loading shall be borne by the recipient
agents of both parties shall agree, without prejudice to Article organization .
5, on a new date and a new time limit for delivery.
                                                                 Should the new date be more than 30 clear days after the
                                                                 date for loading provided for in the first paragraph of Article
                        CHAPTER III                              7, the Community may dispose of the goods without preju­
                                                                 dice to its commitment under Article I of this Agreement.
        Obligations of the recipient organization                                            Article 9
                           Article 7                             Where the quantity intended for loading on a vessel cannot
                                                                 be loaded on board in its entirety, the recipient organization
After contacting the Community, the recipient organization       shall inform the Community as soon as possible, and no
shall procure, to transport the goods, one or more vessels of     later than 15 clear days after loading has been completed,
dimensions corresponding to the normal capacity of the port      whether it intends to accept or to renounce the balance.
of shipment ; these vessels must be ready for loading on a
date falling within the period referred to in Article 4.          In the former case the second and third paragraphs of Article
                                                                  8 shall only apply to the balance, if delivery has not yet
The agent of the recipient organization shall inform the          taken place.
Community of this date and of the date for commencement
of delivery as soon as he knows them, if possible 20 clear        In the latter case the Community may consider that it has
days in advance and in any case 10 clear days before the date     discharged its commitment to the recipient organization
for commencement of delivery.                                     under Article I of this Agreement and shall bear the costs
                                                                  resulting from renunciation.
He shall establish with the agent of the Community the sche­
dule according to which delivery shall take place.                In any event, after an interval of 15 clear days and in the
                                                                  absence of any notice on the part of the recipient organiza­
                                                                  tion, renunciation shall be deemed to have taken place.
                            Article 8
Where the recipient organization is unable to begin loading                                  Article 10
on the date provided for in the first paragraph of Article 7,
its agent shall inform the agent of the Community in              Upon delivery of the goods, the agent of the recipient organi­
writing, and in any case within eight days.                       zation shall hand over to the authorized agent of the Commu­
                                                                  nity a letter of acceptance which shall set out the port of
In this event, the agents of both parties may agree on a new      shipment, date of acceptance and the nature and quantity of
date for the commencement of delivery and, if applicable, a       the goods accepted, together with comments on the quality
new schedule. Save in cases of force majeure the costs arising    of the goods, if any.
               Information on the signing of the Agreement between the European Economic
                   Community and the World Food Programme on the supply of food aid
               The Agreement between the European Economic Community and the World Food
               Programme on the supply of cereals to developing countries as food aid, which the
               Council decided to conclude on 20 May 1975, was signed in Brussels on 22 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 World Food Programme by :
               Mr Thomas Robinson, Deputy Executive Director.