CELEX: 
Language: en
Date: 1974-07-19 00:00:00
Title: Council Decision of 4 June 1974 on the conclusion of the Agreement between the European Economic Community and the Republic of the Niger on the supply of maize and sorghum as food aid #Agreement between the European Economic Community and the Republic of the Niger on the supply of maize and sorghum as food aid

19 . 7 . 74                       Official Journal of the European Communities                        No L 196/ 1
                                                         II
                                     (Acts whose publication is not obligatory)
                                                 COUNCIL
                                               COUNCIL DECISION
                                                   of 4 June 1974
               on the conclusion of the Agreement between the European Economic Community
                  and the Republic of the Niger on the supply of maize and sorghum as food aid
                                                    (74/354/EEC)
THE COUNCIL OF THE EUROPEAN                                   HAS DECIDED AS FOLLOWS :
 COMMUNITIES,
                                                                                    Article 1
 Having regard to the Treaty establishing the
European Economic Community, and in particular                The Agreement between the European Economic
 Articles 113 , 114 and 228 thereof;                          Community and the Republic of the Niger on the
                                                              supply of maize and sorghum as food aid, the text
Having regard to the recommendation from the                  whereof is annexed hereto, is hereby concluded on
 Commission ;                                                 behalf of the Community.
 Whereas the European Economic Community has                                        Article 2
 deposited a Declaration of provisional application of
 the 1971 Food Aid Convention ; whereas that                  The President of the Council is hereby authorized to
 Convention has been applicable since 1 July 1971 ;           designate the persons empowered to sign the
                                                              Agreement and to confer on them the necessary
 Whereas by its letter of 9 October 1973, the                 powers to bind the Community.
 Republic of the Niger has requested food aid ;
                                                              Done at Luxembourg, 4 June 1974.
 Whereas in view of the grain supply situation in
 Niger that country should be accorded, by way of
 gift, 20 000 metric tons of cereals, in the form of                                     For the Council
  15 000 metric tons of maize and 5 000 metric tons
                                                                                          The President
 of sorghum under the Community Food Aid
  Programme ( Cereals) for 1973/74,                                                           J. ERTL
 ---documentbreak--- No L 196/2                          Official Journal of the European Communities                              19 . 7. 74
                                                     AGREEMENT
              between the European Economic Community and the Republic of the Niger on the
                                        supply of maize and sorghum as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE GOVERNMENT OF THE REPUBLIC OF NIGER,
              of 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 THE NIGER :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                                                     Article IV
As part of its Food Aid Programme (Cereals) for                The country of destination undertakes to make all
1973/74, the European Economic Community,                       necessary arrangements for the transport and
hereinafter called the 'Community', shall supply                insurance of the goods as from the place of
20 000 metric tons of cereals in the form of 15 000             destination .
metric tons of maize and 5 000 metric tons of
sorghum as a gift to the Republic of the Niger,                                         Article V
hereinafter referred to as the 'country of
destination'.                                                  The country of destination undertakes to use for
                                                                purposes of consumption the goods received as aid.
                         Article 11                             It shall distribute the quantities received as aid free
                                                                of charge except for 5 000 metric tons of maize
 Deliveries shall be made in new jute bags with a net           which may be sold on the market of the country of
 weight of 50 kg each, free to a place of destination          destination at prices normally obtained on that
 to be determined by agreement between the country              market for goods of comparable quality.
of destination and the Community.
                                                                The proceeds from this sale, less the normal cost of
                                                                selling the product on the market of the country of
                          Article HI                            destination, excluding internal transport costs, will
                                                               be paid into a special account in the Central Bank
 The obligations and responsibilities of the                    of the said country or a State-controlled bank and
 Community and of the country of destination                    allocated to the financing of one or more
 relating in particular to delivery and the taking of          development projects which have been proposed by
 delivery are defined in the Annex, which forms an              the country of destination and approved by the
 integral part of this Agreement.                               Community.
 ---pagebreak--- 19. 7. 74                            Official Journal of the European Communities                                No L 196/3
                         Article VI                                    (a) the quantities distributed, the number and
                                                                            type of recipients and the places, rate and the
The Contracting Parties undertake to implement this                         methods of distribution ;
Agreement in such a way as to avoid any prejudice                      (b) quantities sold, how they have been sold,
to the normal structure of domestic production and                          selling prices; normal selling costs on the
international trade. To this end they shall take any                        recipient country's market;
measures required to ensure that aid supplies are in
addition to, and do not replace commercial                        2. on 15 January every year until the special
transactions which might reasonably be expected in                     account has been fully used :
the absence of such supplies.
                                                                       ( a) state   of   this    account    (desposits and
                                                                            withdrawals)    on    31   December     of  the
                         Article VII                                        preceding year;
                                                                       (b) progress achieved in the project or projects,
The country of destination shall take all appropriate                       with an indication of the total amount of
measures to prevent :                                                       financing carried out at that stage.
— the re-export of the product received as aid and
     of products and by-products resulting from such                                       Article IX
      supplies;
                                                                  The country of destination shall take all measures
— the export, commercially or otherwise, within six               necessary to enable persons duly authorized by the
     months of the last delivery, either of the product           Community to follow the progress of operations
      obtained locally and of the same nature as the              carried out in pursuance of this Agreement on the
      product received as aid or of any products and              spot.
      by-products resulting from it.
                                                                                            Article X
                        Article VIII
                                                                  At the request of either of them, the Contracting
                                                                  Parties shall consult each other on any questions
                                                                   concerning the implementation of this Agreement.
The country of destination undertakes to inform the
 Community how this Agreement is being
implemented. To this end it shall provide the                                               Article XI
Commission of the European Communities with the
 following information :                                           This Agreement shall be drawn up in duplicate in
                                                                   the Danish, Dutch, English, French, German and
1 . every three months until the quantities received as           Italian languages, each of these texts being equally
     aid have been fully used :                                    authentic.
                                                          ANNEX
                                     Provisions laid down in Article III of the Agreement
                           Article 1                                are attributable to the country of destination shall be
                                                                    borne by the latter.
  Delivery shall be effected and all risk shall pass from
  the Community to the country of destination at the                                       Article 2
  moment at which the goods actually arrive at the place
  of destination .                                                  The Community shall notify the country of destination
                                                                    as soon as possible of the means of transport to be used
  The country of destination shall pay all costs for taking         to carry the goods to the place of destination, the
  delivery of the goods, any transhipment costs and all             means of shipment to be used during the intermediary
  costs subsequent to delivery.                                     phases, the date of loading and the quantity and
                                                                    quality of the goods as recorded on shipment from the
  Any costs resulting from delays in taking delivery which          Community.
 ---pagebreak--- No L 196/4                          Official Journal of the European Communities                               19 . 7. 74
                          Article 3                            make known in good time to the country of destination. •
The Community shall inform the country of destination          The country of destination shall appoint a receiving
of the expected date of arrival of the goods at the place      agent at each place of delivery, whose name and address
of destination in good time before that date. It shall         it shall make known to the Community before the
confirm that date at least two days in advance.                Agreement is implemented.
                          Article 4
                                                                                        Article 6
On delivery, a tolerance of 5 °/o less than the quantity       On delivery of the goods the country of destination shall
laid down under Article I of the Agreement is permitted.       hand to the authorized agent of the Community
                                                               a taking-over certificate, stating the place and date of
                          Article 5                            taking over, the nature and the quantity as well as any
                                                               observations about the quality of the goods. It shall send
To implement this Annex, the Community shall appoint           a copy thereof to the Commission of the European
an authorized agent, whose name and address it shall           Community.
              Information concerning the signing of the Agreement between the European Economic
                         Community and the Republic of the Niger on the supply of food aid
              The Agreement between the European Economic Community and the Niger on the
              supply of maize and sorghum as food aid, which the Council decided to conclude on
              4 June 1974, was signed in Brussels on 5 June 1974 on behalf of the Council of the
              European Communities by :
              Mr Ulrich Lebsanft, Ambassador Extraordinary and Plenipotentiary, Chairman of the
              Permanent Representatives Committee, and
              Mr Hans-Broder Krohn, Director-General for Development and Cooperation ,
              Commission of the European Communities, and on behalf of the Government of the
              Niger by :
              Mr Jean Poisson, Ambassador, Representative of the Niger to the European
              Communities.
 ---documentbreak--- NA ---documentbreak--- No L 196/4                          Official Journal of the European Communities                               19 . 7. 74
                          Article 3                            make known in good time to the country of destination. •
The Community shall inform the country of destination          The country of destination shall appoint a receiving
of the expected date of arrival of the goods at the place      agent at each place of delivery, whose name and address
of destination in good time before that date. It shall         it shall make known to the Community before the
confirm that date at least two days in advance.                Agreement is implemented.
                          Article 4
                                                                                        Article 6
On delivery, a tolerance of 5 °/o less than the quantity       On delivery of the goods the country of destination shall
laid down under Article I of the Agreement is permitted.       hand to the authorized agent of the Community
                                                               a taking-over certificate, stating the place and date of
                          Article 5                            taking over, the nature and the quantity as well as any
                                                               observations about the quality of the goods. It shall send
To implement this Annex, the Community shall appoint           a copy thereof to the Commission of the European
an authorized agent, whose name and address it shall           Community.
              Information concerning the signing of the Agreement between the European Economic
                         Community and the Republic of the Niger on the supply of food aid
              The Agreement between the European Economic Community and the Niger on the
              supply of maize and sorghum as food aid, which the Council decided to conclude on
              4 June 1974, was signed in Brussels on 5 June 1974 on behalf of the Council of the
              European Communities by :
              Mr Ulrich Lebsanft, Ambassador Extraordinary and Plenipotentiary, Chairman of the
              Permanent Representatives Committee, and
              Mr Hans-Broder Krohn, Director-General for Development and Cooperation ,
              Commission of the European Communities, and on behalf of the Government of the
              Niger by :
              Mr Jean Poisson, Ambassador, Representative of the Niger to the European
              Communities.