CELEX: 
Language: en
Date: 1973-11-26 00:00:00
Title: Council Decision of 18 June 1973 concluding an Agreement between the European Economic Community and the Republic of Sri Lanka for the supply of food aid in the form of flour of common wheat #Agreement between the European Economic Community and the Republic of Sri Lanka concerning the supply of food aid in the form of flour of common wheat

26 . 11 . 73                      Official Journal of the European Communities                  No L 325 /5
                                                COUNCIL DECISION
                                                    of 18 June 1973
             concluding an Agreement between the European Economic Community and the
             Republic of Sri Lanka for the supply of food aid in the form of flour of common
                                                          wheat
                                                    ( 73 /353/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 deposited a Declaration for
             provisional application of the 1971 Food Aid Convention ; whereas that Convention
             has been applicable since 1 July 1971 ;
             Whereas the Republic of Sri Lanka, by its letter of 6 October 1971 , has requested
             food aid ;
             Whereas in view of the cereal supply situation in the Republic of Sri Lanka that
             country should be accorded, by way of gift, 11 000 metric tons of common wheat in
             the form of 7 285 metric tons of flour of common wheat under the Community Food
             Aid Programme for the year 1971 /72,
             HAS DECIDED AS FOLLOWS :
                                                        Article 1
             On behalf of the Community an Agreement between the European Economic
             Community and the Republic of Sri Lanka for the supply of food aid in the form of
             flour of common wheat, the text of which Agreement is annexed hereto, is hereby
             concluded .
                                                        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 powers necessary to
             bind the Community.
             Done at Luxembourg, 18 June 1973 .
                                                                       For the Council
                                                                         The President
                                                                          A. LAVENS
 ---documentbreak--- No L 325/6                          Official Journal of the European Communities                           26. 11 . 73
                                                     AGREEMENT
              between the European Economic Community and the Republic of Sri Lanka
                       concerning the supply of food aid in the form of flour of common wheat
              THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
              on the one part,
              THE GOVERNMENT OF THE REPUBLIC OF SRI LANKA ,
              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 SRI LANKA :
              WHO HAVE AGREED AS FOLLOWS :
                          Article I                           insurance of the delivered products from ports of
                                                              shipment to places of destination.
As a part of its Food Aid Programme (Cereals) for
the year 1971 /72, the European Economic                      It undertakes to exercise the greatest possible care to
Community, hereinafter referred to as the                     ensure that the tendering arrangements for the
'Community', shall supply the Republic of Sri                 transport by sea are not prejudicial to the free play
Lanka, hereinafter referred to as the 'country of             of fair competition. Any problems arising in this
destination', with 11 000 metric tons of common               connection shall be the subject of consultations
wheat in the form of 7 285 metric tons of flour of            under Article IX.
common wheat.
                                                                                     Article V
                         Article II                           The country of destination undertakes to use the
                                                              products    received   as    aid   for  purposes      of
Deliveries will be made fob to Community ports in             consumption and to apply, for the sale of the
new jute sacks of a net weight of 68*038                      product on its market, the prices normally charged
kilogrammes ( 150 lbs) each.                                  on that market for products comparable quality.
                        Article III                           The proceeds from this sale, less the cost of sea
                                                              transport, insurance and the normal cost of selling
The     obligations    and     responsibilities  of   the     the product on the market of the country of
Community and of the country of destination                   destination, will be paid into a special account at
relating to delivery and the taking of delivery are           the Central Bank and allocated to the financing of
defined in the Annex, which forms an integral part            one or more development schemes which have
of this Agreement.                                            already been proposed by the country of destination
                                                              and approved by the Community.
                        Article IV
                                                                                     Article VI
The country of destination undertakes to make all             The Contracting Parties undertake to implement this
necessary arrangements for the transport and                  Agreement in such a way as to avoid any prejudice
 ---pagebreak--- 26. 11 . 73                         Official Journal of the European Communities                              No L 325 /7
to the normal structure of domestic production and                — not later than 30 days after the unloading of
international trade. To this end they shall take any                 each cargo : port and date of arrival of the
measures required to ensure that aid supplies are in                 vessel ; nature, quantity and quality of the
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
country of destination undertakes to import                       — every three months until the quantities received as
commercially from whatever source between 1 July                     aid have been fully used: quantities sold, how
 1972 and 30 June 1973 a minimum quantity of                         they have been sold, selling prices ; normal
50 000 metric tons of flour of common wheat or its                   selling costs on the market of the country of
equivalent in common wheat.                                          destination ;
                        Article VII                               — on 15 January every year until the special
                                                                     account has been fully used :
The country of destination shall take all appropriate
 measures to prevent :                                               — state of this account (incomings and
                                                                          outgoings) on 31 December of the preceding
— the re-export of the products received as aid and                       year,
     of products derived from them ;
                                                                     — progress achieved in the project or projects,
— the export, commercially or otherwise, within six                       with an indication of the total amount of
     months of the last delivery, either of the                           financing undertaken at that stage.
     common wheat obtained locally which should be
     of the same nature as that used to obtain the                                       Article IX
     flour received as aid or of any processed
     products derived from that wheat.                            At the request of either of them, the Contracting
                                                                  Parties shall consult each other on any questions
                        Article Vlll                              concerning the implementation of this Agreement.
 The country of destination       undertakes to inform                                    Article X
 the Community how this            Agreement is being
 implemented. To this end          it shall provide the           This Agreement is drawn up in duplicate in the
 Commission of the European       Communities with the            Danish, Dutch, English, French, German and Italian
 following information:                                           languages, each of these texts being authentic.
                                                          ANNEX
                                    Provisions laid down in Article III of the Agreement
                                                          Article 1
              Delivery shall be effected and all risk shall pass from the Community to the country of
              destination at the moment at which the goods have been placed in the ship's hold at the port
              of shipment.
              The country of destination shall bear all costs subsequent to delivery of the goods, including
              costs of stowage and, where appropriate, of trimming and bagging.
              Any demurrage costs or dispatch money at the port of shipment shall be a charge on or for
              the benefit of the 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
              destination and the carrier must have been agreed upon in advance by the agent of the
              country of destination and the authorized agent of the Community referred to in Article 9.
                                                          Article 2
              The Community shall notify the country of destination in good time of the port or ports of
              shipment, the quantities to be delivered at each port, the period within which loading must
               begin, and the daily loading rate.
 ---pagebreak--- No L 325 / 8                        Official Journal of the European Communities                                26 . 11 . 73
                                                           Article 3
             The Community must be prepared to load the goods on the date resulting from the instructions
             in Article 8,k whereon the vessel should be ready for loading.
                                                           Article 4
             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 5
             Once the goods are on board the vessel, the Community shall notify the country of destination
             of the date of loading, together with the quantity and quality of the goods as recorded on
             loading.
                                                           Article 6
             The country of destination shall " supply the Community, within the period referred to in
             Article 2, with a vessel of dimensions corresponding to the normal loading potential of the
             port of shipment.
             Should it prove impossible for the vessel to begin loading within the period referred to in
             Article 2 and should the country of destination not have notified the Community of this fact
             in writing at the latest by the date on which the vessel should be ready for loading in
              accordance with Article 8 , the goods shall be at the disposal of the Community.
             Whatever the circumstances, the goods shall be held at the expense, risk and peril of the
              country of destination.
                                                           Article 7
             Should the country of destination fail to provide a vessel of suitable tonnage or if the quantity
             made available for loading on a vessel of suitable tonnage cannot be put on board in its
             entirety because of circumstances beyond the control of the Community, the balance shall
             be loaded onto the next vessel under the conditions laid down in 'this Annex.
             In this event, until the date of loading of this balance or until the country of destination gives
              notice in writing that it gives up this balance, the goods shall be held at the expense, risk and
             peril of the country of destination.
             The country of destination must notify the Community within a maximum period of 30 clear
              days from the beginning of loading of the shipment to which these goods should have belonged ,
              of the date on which loading of this balance is due to begin or of its renunciation of this
              balance .
              If this obligation is not respected , the Community may consider that it has discharged its
              commitment to the country of destination under Article I of the Agreement.
                                                           Article 8
              The country of destination shall name for the Community the vessel that is to ship the goods
              at least 10 clear days prior to the estimated date of arrival of the vessel in port or, where
              possible, 20 clear days prior to this date, and shall at the same time indicate how soon after
              that date the vessel will be ready for loading.
              The country of destination shall insert in the charter party a clause requiring the captain to
              inform the Community at least 72 hours in advance of the vessel's estimated date of arrival
             in port.
                                                           Article 9
             To implement the provisions of this Annex, the Community shall appoint an authorized
              agent, whose name and address it shall make known in good time to the country of destination.
             The country of destination shall nominate a receiving agent in each port of shipment, whose
             name and address it shall make known to the Community before the Agreement is implemented .
 ---documentbreak--- NA ---documentbreak--- 26. 11 . 73                     Official Journal of the European Communities                 No L 325 /9
            Statement on the signing of the Agreement on the supply of food aid between the
                         European Economic Community and the Republic of Sri Lanka
            The Agreement between the European Economic Community and the Republic of Sri
            Lanka on the supply of flour of common wheat as food aid, which the Council
            decided to conclude on 18 June 1973 , was signed in Brussels on 22 October 1973
            on behalf of the European Community by
            Mr Joseph van der Meulen,
            Ambassador Extraordinary and Plenipotentiary, Chairman of the Permanent Repre­
            sentatives Committee,
            and Mr Hans-Broder Krohn, Director General for Development and Cooperation of
            the Commission of the European Communities,
            and on behalf of the Government of the Republic of Sri Lanka by Dr Gamani Korea,
            Ambassador.