CELEX: 51974PC0805
Language: en
Date: 1974-06-07 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION concluding an Agreement between the European Economic Community and the World Food Programme on the supply of cereals as food aid to developing countries (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 805
Vol. 1974/0123
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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
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(74 ) 805 final
                                                    Brussels , 7 June 1974
                              RECOMMENDATION FOR
                              A COUNCIL DECISION
                concluding an Agreement between the European
               Economic Community and the World Food Programme
              on the supply of cereals as food aid to developing
                                    countries
                ( submitted to the Council "by the Commission)
                                                                           I
CCMC 74 ) 805 final
 ---pagebreak---                                  RECOMMENDATION FOR
                              " A COUNCIL DECISION
        concluding an Agreement between the European Economic Community and the
        World Pood Programme on the supply of cereals as food aid to developing
        countries
 THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Articles 113 , 114 and 226 thereof ;
Having regard ro the recommendation from the Commission ;
Whereas the European Economic Community has filed a declaration of provisional
application of the 1971 Pood Aid Convention ; whereas that Convention takes
effect from 1 July 1971 ;
Whereas the Word Pood Programme has given notice of its requirements in cereals
for the purpose of meeting emergency food requirements and of carrying out
projects for economic and social development in developing countries , and
whereas for that purpose a quantity of products equivalent to 10 000 metric tons
of unprocessed cereals should be made available to the World Pood Programme ,
under the 1971/72 Community Pood Aid Programme, and 5 000 metric tons under the
1972/73 programme ;
HAS DECIDED AS FOLLOWS :       •
'Il   ,                              '
                                     i • Article 1
The Agreement between the European Economic Community and the World Pood
Programme on the supply of cereals as food aid to developing countries , the
text of which is annexed , is hereby concluded on behalf of the European Economic
Community .
                                         Article 2
The President of the Council is authorized to designate the persons empowered
to sign the Agreement and to confer upon them the powers required in order to
bind the Community .
 1i •     '
Done at Brussels ,                                     For the Council
                                                       The President
 ---pagebreak---                                              <?
                                              AGREEMEÎIT
    "between the European Economic Community and the World. Pood Programme on
    the supply of cereals as food aid to developing countries
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
on the one hand , and
THE WORLD FOOD PROGRAMME , a Programme undertaken jointly "by the United Nations
and the Food and Agriculture Organization of the United Nations ,
on the other hand ;
WHEREAS the aim of the World Pood Programme is to make use of contributions
received under the Programme to meet emergency food requirements and to carry
out projects involving the use of foodstuffs for eoonomic and social development
purposes ;                            '
WHEREAS the European Economio Community filed a declaration of provisional
application of the 1971 Pood Aid Convention ; whereas that Convention is appli­
cable on 1 July 1971 »
HAVE DECIDED to conclude this Agreement and have appointed as their represen­
tatives for this purpose :
THE COUNCIL OF THE EUROPEAN COMMUNITIES :
THE
M
       WORLD FOOD PROGRAMME ./ . : -,   ' 1
WHO HAVE AGREED UPON THE FOLLOWING PROVISIONS s
                             i '          " .
     1                             1 '           Article 1
                            'II.'
Under its Food Aid Programme ( cereals ), the European Economic Community shall
supply to the World Food Programme as a free gift for developing countries the
equivalent of 15 000 metric tons of unprocessed cereals , of which 10 000 metrio
tons shall be under the 197l/72 programme and 5 000 metric tons under the
1972/73 programme .
 ---pagebreak---                                 Article 2
 The World. Pood Programme undertakes to use the cereals supplied as aid for
 emergency or for economic and social development and food projects which shall
be subject to prior approval by the European Economic Community .
                                Article 3
1 . For each delivery , the European Economic Community , taking into account the
     information received from the World Pood Programme , shall notify the latter
     in good time of the port or ports of shipment and the dates of availability
    at the said port or ports .
2 . Only seaports accessible to ocean-going vessels and utilized for interna­
    tional freight may be named as ports of shipment .
                                Article 4
The 15 000 metric tons of unprocessed cereals shall be supplied in the natural
state or in the form of products of the first processing stage , as requested
by the World Food Programme and agreed by the European Economic Community .
Deliveries shall be made in bulk or packed in new jute oi4 cotton sacks with a
gross content of 50 kg net , in accordance with the requirements of the projects .
                                Article 5
1 . The European Economic Community shall arrange for delivery fob port of
    shipment . The responsibilities of the European Economic Community and the
    World Food Programme with regard respectively to delivery fob and to taking
    delivery are laid down in the Annex which forms an integral part of this
    Agreement .
2 . The World Food Programme shall take delivery of the goods delivered and be
    responsible , in accordance with its general rules , for their transport ,
    insurance and distribution in the country of destination .
3 . For the expenses referred to in paragraph 2 , the European Economic Community
    shall make to the World Food Programme a contribution of 1 6 u.a . per metric
    ton of unprocessed cereals ox* for the equivalent amount of products of the
    first processing stage . The European Economio Community undertakes to pay
    this contribution within thirty days following each acceptance of delivery
    of goods by the Word Food Programme .
 ---pagebreak---                                                                                  .3 .
                                             Article 6
  The World. Food Programme undertakes to inform the European Economic Community
  of the conditions under which this Agreement is implemented . To this end it
  shall make available to the Commission of the European Communities :
  a) with regard to transport : within a reasonable period after unloading,
     reports indicating the dates of arrival of the vessels at the ports of
     destination , quantities and qualities of products unloaded , and the dates
;    on which unloading was completed ;
"b ) with regard to the use made of products s periodic information on the
     progress made with projects for which Community assistance has been provided ;
     on the use made of the products ; on the quantity distributed and on the
     number of beneficiaries together with details of the methods used for dis­
     tributing the products , and in particular of the measures taken to prevent
     the produots from being drawn into commercial channels .
'                              ;    ■      t
                                      : Article 7
In the event of fresh circumstanoes arising, the World Pood Programme and the
European Economic Community shall together decide on any amendments to be made
to this Agreement .              <i
  i                                     : Article 8
This Agreement shall enter into force thirty days after the date of signature .
                             .   :»       'I
                                       ; Article 9
This Agreement is drawn up in two copies in the Danish , Butch , English , French ,
German, Italian and Spanish languages , these texts being equally authentic .
                                                       ι
 ---pagebreak---                                                                                      4.
                  ANNEX PROVIDES FOR IN ARTICLE 5 ( 1 ) OF THE ACREEMSM1
   Procédure fordelivery
   - on the basis of information received from the WFP concerning transport , the
      EEC shall notify the WFP, for each delivery, of the supplier or suppliers
      and shall indicate a period of fifteen days within which the WFP may fix the
      date of delivery ;
  - not less than fifteen days before the date laid down for each delivery, the
     WFP shall notify the ESC of the estimated date of arrival of the vessel in
     port ;
  - the WFP shall also notify the supplier ot suppliers , not less than five days
     in advance , of the exact: 'date of arrival of the vessel in the designated
     port of shipment ;
  - the goods shall be delivered by the EEC to the place of shipment and on the
     date of availability indicated pursuant to Article 3 of the Agreement ;
  ~ delivery shall be deemed to have been effected once the goods effectively
    pass the ship 's rail at the port of shipment , all costs of stowage being
     borne by the WFP ;
     at the moment of delivery, risks shall pass from the EEC to the WFP , all
     costs prior to delivery being borne by the EEC and all costs after delivery
    being borne by the WFP ;
 - should the EEC fail to deliver the goods at the place and date indicated ,
    where the WFP has rendered it possible , any consequences resulting from this
    shall be borne by the EEC ;
    should the WFP fail to take delivery of the goods at the place and date
    indicated , where the ilEC has rendered it possible , any consequences resulting
    from this shall be borne by the WFP ;
- the EEC and the WFP reserve the right to nominate one or more agents to
    implement the Agreement . To deal with any eventualities , the WFP shall
,, nominate a representative in each port of shipment .