CELEX: 51973PC1839
Language: en
Date: 1973-11-07 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION concluding an agreement between the European Economic Community and the Republic of Niger for the supply of maize as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1839
Vol. 1973/0319
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(73)1839 final
                                                      Brussels . 7 November 1973
                            RECOMMENDATION FOR A
                              COUNCIL DECISION
   concluding an agreement between the European Economic Community
     and the Republic of Niger for the supply of maize as food aid
                (submitted to the Council by the Commission)
COM (73 ) 1S39 final
 ---pagebreak---   TIE COUNCIL OP THE EUROPEAN COLS1UNITIES ,
  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 j
  Whereas the European Economic Community has deposited a declaration of
  provisional application of the Good Aid Convention of 1971 J and. whereas
  that Convention has "been effective since 1 July 1971 ;
  Whereas by letter of 24 November 1972         the Republic of Niger
  submitted a request for food aid ;              /
  Whereas , in view of the cereal supply situation in the Republic of Niger
  that country should be granted a gift of ^ 500 metric tons of maize
  under the Community Food Aid Programme for 1972/73 ;
                                                                            »
  HAS DECIDED THAT :
                                     Article 1
  On behalf of the European Economic Community an Agreement is hereby " concluded
                                                                                « «
  between the European Economic Community and the Republic of Niger
  on the supply of food aid in the form of maize                , "the text of which
  Agreement is annexed to this decision .
                                                          >
                                                          »-      « «
                                     Article ?
                    '                                        *0               »
                I                         ••                  •
* 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 commit the Community .     ./
                               ♦   *        *
  Done tit Brussels ,                    19 ....»                For the Council
                                                                    The President
 ---pagebreak---                 AGREERENT
BETWEEN TIES EUROPEAN ECONOMIC COM'flJNITY
A1E) THE REPUBLIC OP NIGER
OH" THE SUPPLY OP POOD AID Hi THE FORM OP
MAIZE
 ---pagebreak--- TILil' COIWCÏL OP ÏIÏE EUROPEAN COKHUHITIE3 ,
                                                      on the one hand ,
THE GOVER1H.IEUT OF THE REPUBLIC OP NIGER
                                                      on "the other hand.,
HAVE DECIDED to conclude this Agreement and to this end have designated
as their plenipotentiaries :
TKE C0IM3IL OP THE EUROPEO COI.C.IUUITIES :
THE GOVEREKEM1 OP THE REPUBLIC OP NIGER :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                              Article   I
 As a part of its Food Aid Programme ( Cereals ) for 1972/73 , the European
 Economic Community shall supply 7 500 metric tons of maize as gift to the
 Republic of Niger , hereinafter referred to as the "recipient country ".
                             Article   II
The deliveries shall "be made to the place of destination , to "be fixed by
the recipient country and the European Economic Community by mutual consent
                             Article   III
The obligations and responsibilities of the European Economic Community and
of the recipient country relating to delivery and the taking of delivery
are defined in the Annex which forms an integral part of this Agreement .
                             Article   IV
The recipient country undertakes to make all necessary arrangements for the
transport and insurance of the product from ports of unloading to places
of destination.
                             Article   V
The recipient country undertakes to use the product received as food aid
and for purposes of consumption and to apply , for the sale of the product
on its market , the prices normally charged on that market for products of
comparable quality.
The proceeds from this sale , less the cost of transport by sea , relevant
insurance costs and the normal marketing costs on the recipient country 's
market , shall be paid into a special account at the Central Bank or at a
bank under State control and allocated :
  (i ) as regards 5 000 metric tons , to the purchase at the most favourable
       terms on the local market of grain sorghum for free distribution ;
 ---pagebreak--- ( ii ) as regards 2 500 metric tons , to the financing of one or more development
        projects to be proposed beforehand "by the recipient country and approved
        by the European Economic Community
                               %
                                 ' Article VI
The Contracting Parties undertake to implement this Agreement in such a way
as to avoid any prejudice to the normal structure' of domestic production and
international trade . To this end they shall take any measures required to
ensure that aid supplies are in addition toy and do not replace business
transactions which might reasonably be expected in the absence of such supplies .
                                   Article VII
The recipient country shall take any measures required, to prevent :
  ( i ) The re-export of the product received as aid and of products and
        by-products resulting from such supplies ;
( ii ) The export , commercially or otherwise , within six months of the last
       -delivery, either of the product obtained locally and of the same nature
        as the product received as aid or any processed products resulting from it .
                                   Article VIII
The recipient country undertakes to inform the European Economic Community
how this Agreement is being inplemented. To this end , it shall provide the
Commission of the European Communities with the following information :
  ( i ) Not more than thirty days after the taking over of each cargo : places
        and dates of taking over , nature , quantity and quality of the overtaken
        products .
( ii ) Every three months until the quantities received as aid have been fully
        used :
             a) the quantities distributed, the number and nature of the
                 recipients and the place and method of distribution ^
             b ) quantities sold, how they have been sold, selling prices ; normal
                 selling costs on the recipient country 's market :
 ---pagebreak--- ( iii ) As soon as the grain sorghum is purchased, information concerning         |
        the cost of purchasing it ,                                                ;
                                                                                  )
  ( iv) On 15 January every year until the special account has been fully used :
             a) state of this account ( incomings and outgoings ) on 31 December
                 of the proceding year j
             b ) progress achieved in the project or projects , with an indicatioi
                 of the total amoint of financing undertaken at that stage .
                               Article   IX
The recipient country shall take all appropriate steps to enable those
persons duly authorized by the European Economic Community to make on the
spot observations of the operations connected with the implementation of
the Agreement .
                               Article   X
At the request of either party , the contracting parties shall consult one
another on all questions concerning the application of this Agreement .
                               Article   XI
This Agreement is drawn up in two copies in the Danish, Dutch, English ,
French , German and Italian languages , these texts being equally authentic .
 ---pagebreak---                   ANNEX TO ARTICLE III OF THE AGREEMENT
                                Article  1
Delivery shall be completed and the risks shall pass from the European
Economic Community to the recipient country as soon as the goods actually
reach the place of destination
The recipient country shall "bear all costs incurred in taking delivery of the
goods , any transshipment costs and all other costs subsequent to delivery .
Any costs resulting from delay in taking delivery of the goods , which are
attributable to the recipient country , shall be borne by that country.
                                Article  2
The European Economic Community shall , at the earliest opportunity , give to
the recipient country the information relating to the consignment of the
goods to the place of destination , the means of transport used , the details
of the route to be followed over the intermediate stages , the date of
loading , and the quantity and quality of the goods on their departure from
the Community.
                                Article  3
The European Economic Community shall inform the recipient country in good
time of the goods' presumed date of arrival at the place of destination . The
European Economic Community shall be under an obligation to inform the
recipient country at least two days in advance ( of the date ) of the goods'
arrival at the place of destination .
                                Article  4
On delivery a tolerance of 5 % less than the quantity of wheat to be supplied
under Article I of the Agreement is permitted.
                                Article  5
The European Economic Community shall appoint an agent to implement the
provisions of this Annex , and shall in good time , forward the latter 1 s name
and address to the recipient country .
The recipient country shall appoint an agent in each place of delivery , and
shall forward the latter' s name and address to the European Economic Community
prior to implementation of the Agreement .