CELEX: 
Language: en
Date: 1973-11-26 00:00:00
Title: Council Decision of 4 June 1973 concluding an Agreement between the European Economic Community and the Republic of Upper Volta on the supply of food aid in the form of maize #Agreement between the European Economic Community and the Republic of Upper Volta on the supply of food aid in the form of maize

26. 11 . 73                      Official Journal of the European Communities                         No L 325/ 1
                                                         II
                                     (Acts whose publication is not obligatoryj
                                                COUNCIL
                                               COUNCIL DECISION
                                                  of 4 June 1973
             concluding an Agreement between the European Economic Community and the
                    Republic of Upper Volta on the supply of food aid in the form of maize
                                                   (73 /352/EEC)
THE COUNCIL OF THE EUROPEAN                                  should therefore be granted a gift of 2 500 metric
COMMUNITIES ,                                                tons of maize under the Community Food Aid
                                                             Programme for the year 1971 /72,
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 113 ,
114 and 228 thereof;                                         HAS DECIDED AS FOLLOWS :
                                                                                    Article 1
Having regard to the Recommendation from the
Commission ;
                                                             On behalf of the European Economic Community an
                                                             Agreement is hereby concluded between the
Whereas the European Economic Community has                  European Economic Community and the Republic
deposited a declaration of provisional application of         of Upper Volta on the supply of food aid in the
the Food Aid Convention of 1971 ; and whereas that           form of maize, the text of which agreement is
Convention has been applicable since 1 July 1971 ;           annexed hereto.
Whereas by letter of 7 December 1972, the Republic
of Upper Volta submitted a request for emergency                                    Article 2
food aid ;
                                                             The President of the Council is hereby authorized to
Whereas the adverse climatic conditions experienced          designate the persons empowered to sign the
by the Republic of Upper Volta have appreciably              Agreement, and to confer on them the powers
reduced its grain supplies ; and whereas that country        necessary to bind the Community.
             Done at Luxembourg, 4 June 1973 .
                                                                                  For the Council
                                                                                   The President
                                                                                R. VAN ELSLANDE
 ---documentbreak--- No L 325 /2                          Official Journal of the European Communities                              26. 11 . 73
                                                      AGREEMENT
             between the European Economic Community and the Republic of Upper Volta
                                      on the supply of food aid in the form of maize
             THE COUNCIL OF THE EUROPEAN COMMUNITIES,
             on the one part,
             THE GOVERNMENT OF THE REPUBLIC OF UPPER VOLTA,
              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 UPPER VOLTA :
              WHO HAVE AGREED AS FOLLOWS :
                          Article I                             insurance of the delivered products from the frontier
                                                                 crossing points to the places of destination.
As a part of its Food Aid Programme (Cereals) for
 the year 1971/72, the European Economic
Community, hereinafter referred to as the
'Community', shall supply 2 500 metric tons of                                            Article V
 maize as a gift to the Republic of Upper Volta,
hereinafter referred to as the 'recipient country'.             The recipient country undertakes to use the
                                                                products received as aid for purposes of
                          Article II
                                                                consumption and to distribute such products to
                                                                people in need free of charge.
Deliveries will be made free-at-frontier in new jute
sacks of a net weight of 50 kilogrammes each.
                                                                                         Article VI
                         Article III
                                                                 The Community shall grant the recipient country a
                                                                lump sum as its share of the costs incurred by that
The obligations and responsibilities of the                     country for the transport of the delivered products
Community and of the recipient country relating to              from the frontier crossing points to the places of
delivery and the taking of delivery are defined in the          destination .
Annex which forms an integral part of this
Agreement.                                                      This contribution shall amount to 10 units of
                                                                 account per metric ton of product delivered.
                         Article IV                             The Community undertakes to pay this as soon as
                                                                possible after receipt by the Commission of the
The recipient country undertakes to make all                    European Communities of the information referred
necessary arrangements for the transport and                    to in the first indent of Article IX.
 ---pagebreak--- 26 . 11 . 73                        Official Journal of the European Communities                              No L 325 /3
                        Article VII                                 implemented. To this end, it shall provide the
                                                                    Commission of the European Communities with the
The Contracting Parties undertake to implement this                 following information :
Agreement in such a way as to avoid any prejudice
to the normal structure of domestic production and                  — not more than thirty days after taking delivery of
international trade. To this end they shall take any                    each consignment : the places and dates of taking
measures required to ensure that aid supplies are in                    delivery, together with the nature, quantity and
addition to, and do not replace, commercial                             quality of the products delivered ;
transactions which might reasonably be expected in
the absence of such supplies .                                      — every three months until the quantities received
                                                                        as aid have been fully used : a situation report
                                                                        giving, in particular, the number and type of the
                        Article VIII                                    recipients, the quantities distributed, and the
                                                                        place and method of distribution.
The recipient country shall take all necessary
measures to prevent :
— the re-export of the product received as aid and                                          Article X
     of products and by-products derived from them ;
— the export, commercially or otherwise, within six                 At the request of either of them, the Contracting
     months of the last delivery, either of the product             Parties shall consult each other on any questions
     obtained locally, of the same nature as the                    concerning the implementation of this Agreement.
     product received as aid or of any products or by­
     products derived from them.
                                                                                           Article XI
                         Article IX
                                                                    This Agreement is drawn up in duplicate in the
The recipient country undertakes to inform the                      Danish, Dutch, English, French, German and Italian
Community how this Agreement is being                               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 recipient 'country
              at the moment at which the goods actually cross the frontier of the recipient country.
              The recipient country shall pay all costs of taking delivery of the goods, any transhipment
              costs and all costs subsequent to delivery.
              Any costs resulting from delays in taking delivery which are attributable to the recipient
              country shall be borne by the latter.
                                                           Article 2
              The Community shall notify the recipient country, as soon as possible after the goods have
              left the port of loading, of the date of loading, the quantity and quality of the goods as
              recorded at loading, the port of unloading and the means of land transport used ' to transfer
              the goods to the place of delivery.
                                                           Article 3
              The Community shall inform the recipient country of the estimated date of arrival of the
              goods at the place of delivery at least 10 clear days in advance. It shall confirm that date at
              least two days in advance.
 ---pagebreak--- No L 325 /4                       Official Journal of the European Communities                          26 . 11 . 73
                                                      Article 4
            On delivery a , tolerance of 5% less than the quantity of maize laid down under Article I
            of the Agreement is permitted .
                                                      Article 5
            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 recipient' country.
            The recipient country shall appoint a receiving agent at each place of delivery, whose name
            and address it shall make known to the Community before the Agreement is implemented.
            Statement on the signing of the Agreement on the supply of food aid between the
                      European Economic Community and the Republic of Upper Volta
            The Agreement between the European Economic Community and the Republic of
            Upper Volta on the supply of maize as food aid which the Council decided to
            conclude on 4 June 1973 , was signed in Brussels on 19 October 1973
            on behalf of the European Community by Mr Joseph van der Meulen, Ambassador
            Extraordinary and Plenipotentiary, Chairman of the Permanent Representatives
            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 Upper Volta by Mr Pierre
            Ilboudo, Ambassador, its Representative to the European Communities.
 ---documentbreak--- NA ---documentbreak--- No L 325 /4                       Official Journal of the European Communities                          26 . 11 . 73
                                                      Article 4
            On delivery a , tolerance of 5% less than the quantity of maize laid down under Article I
            of the Agreement is permitted .
                                                      Article 5
            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 recipient' country.
            The recipient country shall appoint a receiving agent at each place of delivery, whose name
            and address it shall make known to the Community before the Agreement is implemented.
            Statement on the signing of the Agreement on the supply of food aid between the
                      European Economic Community and the Republic of Upper Volta
            The Agreement between the European Economic Community and the Republic of
            Upper Volta on the supply of maize as food aid which the Council decided to
            conclude on 4 June 1973 , was signed in Brussels on 19 October 1973
            on behalf of the European Community by Mr Joseph van der Meulen, Ambassador
            Extraordinary and Plenipotentiary, Chairman of the Permanent Representatives
            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 Upper Volta by Mr Pierre
            Ilboudo, Ambassador, its Representative to the European Communities.