CELEX: 51973PC2227
Language: en
Date: 1974-01-09 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION concluding an agreement between the European Economic Community and the Republic of Chad for the supply of cereals as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 2227
Vol. 1973/0409
 ---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
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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,
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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)2227 final
                                                  Brussels , 9 January 1974
                           RECOMMENDATION" FOR A
                            COUNCIL DECISION
            concluding an agreement "between the European Economic
             Community and the Republic of Chad for the supply
                           of cereals as food aid
               ( submitted to the Council "by the Commission)
 COM(73 ) 2227 final
 ---pagebreak---    TIIE COUNCIL OP 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 }
                            ι
  Whereas the European Economic Community has deposited a declaration of
   provisional application of the Good Aid Convention of 197.1 ? and. whereas
  that Convention has "been effeotive since 1 July 1971 ?
. Whereas "by letter of 22 May 1973            the Republic of Chad
  submitted a request for food aid ;
  Whereas the adverse climatic conditions experienced "by the Republic of
 Chad                 have appreciably reduced its grain supplies ; and whereas
  that country should therefore be granted a gift of 6 000        metric tons
  of cereals in theiform of 2 000 metric tons of maize , 2 000 metric tons of
 sorghum and 2 000 metric tons of soft wheat 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 Chad
  on the supply of food aid in the form of maize , sorghum and_ soft wheat , the
 text or which Agreement is annexed to this decision .
                                    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 commit the Community .
  Done at Brussels ,                    19 ****»             For the Council
                                                              The President
 ---pagebreak---                ■ AGREMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
AND THE REPUBLIC OP CHAD
ON THE SUPPLY OP POOD AID IN THE FORM OP
CEREALS
 ---pagebreak---   THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                                        on the one haftd ,
' THE GOVERNMENT OP THE REPUBLIC OF CHAD
                                                        on the other hand .
  HAVE DECIDED to conclude this Agreement and to this end have designated
  as their plenipotentiaries :
  THE COUNCIL OP THE EUROPEAN COMMUNITIES :
  THE GOVERNMENT: OP' THE REPUBLIC OP CHAD :
 WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                   Article I
  As a part of its Pood Aid Programme (Cereals ) for 1972/73 , the European
  Economic Community shall supply as gift to the Republic of Chad , hereinafter
  referred to as the "recipient country " 6 000 metric tons of cereals in the
  form of 2 000 metric tons of maize , 2 000 metric tons of Sorghum and 2 000 metrii
« tons of soft wheat .
                                  Article II
  Deliveries will be made in new jute bags with a net weight of 50 kg each free
   to the places of destination to be fixed by the recipient country and the
   European Economic Community by mutual cpnsent .
                                  Article fil
  The obligations and responsibilities of the European Economic Community said
  of th.e recipient country relating to delivery and the taking of delivery are
  defined in the Annex which forms ail integral part of this Agreement .
                                  Article TV
  The recipient country undertakes to make all necessary arrangements for the
  transport and insurance from the places of destination on .
                                  Article 7
  The recipient country undertakes to use the products received as aid for
  purposes of consumption and to distribute such products to people in need
  free of charge .
 ---pagebreak---                                      Article VT
The Contracting Parties undertake to implement this Agreement in such a way
as to avoid any prejudice to the normal         Iructure of domestic production and
international trade . To this end they       . ull take any measures required to
ensure that aid supplies are in addition to , 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 products received as aid and of products
        resulting from such supplies ;
( ii ) The export , commercially or otherwise , within six months of the last
       delivery , either of the products obtained locally and of the same nature
       as the products received as aid o!r of any processed products .
                                     Article VIII
The recipient country undertakes to inform the European Economic Community
how this Agreement is "being implemented . To this end , it shall provide the
Commission of the European Communities with the following information :
(i ) Not more than thirty days after the talcing over of each cargo ; places
       and dates of taking overj nature , quantity and quality of the overtaken
       products .
(ii ) Every three months until the quantities received as aid have "been fully
       used : quantities distributed , the number and nature of the recipients
       and the place and method of distribution ."                 „ jj ;
 ---pagebreak---                                       -4-
                                     '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 of them , the Contracting Parties shall consult each
  other on any questions concerning the implementation of this Agreement *
                                    Article XI
  This Agreement is drawn up in dupliciate in the Danish , Dutch , English , French,
  German and Italian languages , each of these texts "being equally authentic .
                                                                                 /
                              /
                                                                                   I
 ---pagebreak---             ANNEX REFERRED TO IN ARTICLE III OP THE AGREEMENT
                                 Article 1
Delivery shall "be effected and 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 costs subsequent to delivery .
Any costs resulting from delays 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        j
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 .                                                                     «
                                                                                      l
                                  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             ' i
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' s name
 and address to the recipient country.
 ---pagebreak---                                 - 2 -
The recipient country shall appoint an agent in each place .of delivery f and
shall forward the latter' s name and address to the European Economic Community
prior to implementation of the Agreement .