CELEX: 51974PC1448
Language: en
Date: 1974-09-16 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Republic of Dahomey 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 (74) 1448
Vol. 1974/0234
 ---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(74 ) 1448 final
                                                     Brussels . 16 September 1974
                            RECOMMENDATION FOR A
                             COUNCIL DECISION
          on the conclusion of an agreement "between the European
          Economic Community and the Republic of Dahomey for the
                       supply of cereals as food aid
              ( submitted to the Council by the Commission)
 COM(74 ) 1448 final
 ---pagebreak---  TUB COUNCIL OF THE EUROPEAN COMMUNITIES .
Having regard, to the Treaty ctablishing the European Economic Community j
 and in particular Articles 113 , 114 and 228 , thereof }
Having regard to the Recommendation from the Commission }
Whereas the European Economic Community has deposited a Declaration for
provisional application of the 1971 Food Aid Convention ; whereas that
Convention has been applicable since 1 July 1971 ;
Vihereas the Republic of Dahomey          , by its letter of » 5 October 1973
has requested food aids
V/hereas in view of the cereal supply situation in Dahomey that country
should be accorded , by way of gift , 4.000 metric tons of soft wheat under the
Community Food Aid Programme for 1973/74 }
DECIDES :
                              Article   1
On behalf of the European Economic Community an Agreement , the text    whereof
is annexed hereto , shall be concluded between the European Economic Commun ity
and the Republic of Dahomey for supply of soft wheat as food aid .
                              Article   2
The President of the Council is hereby authorized to designate those who
are to sign the Agreement and to confer on them the requisite powers to
bind the Community .                                                  *
                                                          t
Done at Brussels ,                19
                                                    For the Council
                                                     The Président
 ---pagebreak---                AGREEMENT
     * *
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
AND THE   REPUBLIC OF DAHOMEY       ON
THE SUPPLY OF FOOD AID IN THE FORM OF
CEREALS .                     : .
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES .
                                            of the one part ,
THE GOVERNMENT OF THE REPUBLIC . OF DAHOMEY
                                           of the other part ,
                                                        *
HAVE DECIDED to conclude this Agreement and to this end have
designate , as their plenipotentiaries t
THE COUNCIL OF THE EUROPEAN COMMUNITIES :
                                                     t
THE GOVERNEMENT OF THE REI\-j3LIC OF DAHOMEY }
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                           ARTICLE      I
The European Economic Community shall supply by way of gift to the
Republic of Dahomey (hereafter referred to as "the recipient country ") a
quantity of 4 000 metric tons of soft "wheat under the Community 's food aid
programme in cereals for 1973/74 *
                        . ARTICLE      II
Deliveries will be made in new jute sacs with a net weight of 50 kg each
FOB in accordance with the details laid down in the Annex which forms an
integral part Of the present Agreement .
                                    »
                          ARTICLE      III
The recipient country undertakes to make all necessary arrangements for the
                                                         ».
transport and insurance of the products from point of delivery to places
of destination .
It undertakes to  exercise the greatest care to ensure that the tendering
arrangements for  sea transport do not prejudice the free play of fair
competition . Any problems arising in this connection shall be the subject
of consultations  under Article VIII of the present Agreement .
                                  i   ■
                          ARTICLE       IV
The recipient country undertakes to use the product received as aid for
purposes of consumption and to apply f for the sale of the product on its
market t the prices normally charged on that market for products of
comparable quality . The proceeds from this sale shall be paid into a
special account with the Central Bank or a Bank under public controle and
allocated to the financing of one or more development projects under
arrangements which have been agreed in advance between the recipient country
and the European Economic Community *
 ---pagebreak---                               ARTICLE   V
The Contracting Parties undertake to implement this Agreement in such a way
as to avoid any prejudice to the normal structure of national production
and international trade . To this end they shall take any measures required
to ensure that supplies as aid are in addition to and do not replace business
transactions which might reasonably be expected in the absence of such supplies
In particular , the recipient country undertakes to import commercially from
whatever source between 1 July 1974 and 30 June 1975 a minimum quanity of
14*700 metric tons of soft wheat or its equivalent in flour of soft wheat .
                                                                   I
                              ARTICLE   VI
The recipient country shall take all steps required to prevent :
( i ) the re-export of the product received as aid and also of any products
         and by-products resulting therefrom }
( ii ) the export , commercially or otherwise , within a period of six months
         commencing from the final delivery , either of any product procured
         locally of the same nature as that received as aid , or of any products
         and by-products resulting therefrom .
                                                            «
                                                          A
                              ARTICLE   VII
The recipient country undertakes to inform the European Economic Community
of how this Agreement is implemented . To this end it shall provide the
Commission of the European Communities with the following details :
    ( i ) Immediately after the unloading of each cargo i ports' and dates of
          arrival of vessel ; nature , quantity and any observations as to the
         'quality of the products unloaded ; date on which unloading was
          completed ; costs of sea transport and of insurance relating thereto ;
  ( ii ) Every three months until the quantities received as aid have been
          fully used j quantities sold ; manner of sale ; actual selling prices ;
          normal selling costs on the recipient country 's market ; costs of
          insurance and of transport if applicable from the port of unloading
          to the places of destination ;
 ---pagebreak---  ( iii ) On 15 January every year until the special account has been fully
           expended :
           a) Summary of the account ( incomings and outgoings ) to 31 December
              of the previous year ;
          b ) Stage of progress of the project or projects , indicating the
              total resources expended to that stage *
                              , ARTICLE   VIII
The Contracting Parties shall at the request of either consul x each other
on any questions concerning the implementation of this Agreement *
        •'1                          »
                                ARTICLE   IX
                                 «
This Agreement is drawn up in duplicate in the Danish , Dutch , English ,
French1,- German and Italian languages , each of these texts having equal force *
 ---pagebreak---                           Oonarn.1 provisions
                                Article 1
  Delivery shall be effected, and risks shall pass form the European Economic
  Community , hereinafter referred to as the EEC , to the recipient country at
  the moment at which the goods are put down at the point of exportation
  named by the Commission of the European Communities at the berth specified
  by the recipient country or its agent referred to in Article 3 and under the
 terms specified in the following articles . Without prejudice to Articles 8 and
; 9,the EEC shall bear all costs up to delivery and the recipient country those
 beyond delivery .                            "
                              Articlè   2
  On delivery a tolerance of 5 $ less than the quantity of the product to be
  supplied in accordance with article I of the Agreement shall be admissible .
                                                           0
                              Article   3
 The EEC shall appoint an agent to implement the provisions of the present
  Annex - or for each consignment – whose name and address it shall make
  known to the recipient country immediately following his appointment .
  The recipient country shall appoint an agent in the port or ports of ship­
  ment , whose name and address it shall make known to the EEC with all
  despatch and if possible before the appointment of agent of the EEC .
                              Article   4
                              '   1                            à
  Before implementing the procedures for appointing the agent of the EEC
  referred to in Article 3 » "the Commission of the European Communities and
  the recipient country shall jointly establish the period during which
  delivery must begin *
                Obligations of the European Economic Community
                              Article   5                '
  Should the EEC not be in a position to carry out delivery on the date and
  ( if applicable ) on the schedule as provided in Article 7 « all costs
  arising for the recipient Country - for example demurrage void freight
  and dead freight - shall be borne by the EEC *
 ---pagebreak--- The charges and the arrangements relating to demurrage laid down in the
contract between the recipient country and the carrier must have been
agreed in advance by the recipient country and the agent of the EEC .
The other costs referred to in the first paragraph shall only be refunded
by the EEC if they have been paid by the recipient country with the approval
of the EEC .     .
                                Article  6
Should it prove impossible for the EEC to supply all or part of the goods
on the date and within the time-limits provided for in Article, 7 and without
            o
prejudice to the provisions of Article 5 » a new date and a new time-limit
shall be agreed between the agents of the EEC and of the recipient country
for the delivery of all the goods . or of the undelivered part thereof .
                   Obligations of the récipient country
                                                          »
                                Article  7
After contacting the EEC , the recipient country shall procure one or more
vessels to transport all the quantities provided for in- Article 1 of the
Agreement , of dimensions corresponding to the normal capacity of the port of
shipment ; these vessels must be ready for loading on a date falling within
the period referred to in Article 4 »
The agent of the recipient country shall inform the EEC of this date
immedately on learning it , and also that jfor commencement of delivery ,
if possible twenty days in advance and in any case ten days before the date
for commencement of delivery .                                            •
He shall establish with the agent of the EEC the schedule to which delivery
shall take place .
                                Article  8
Should the recipient country be unable to begin loading on the date provided
for in Article f , paragraph 1 , the agent of the recipient country shall
inform the agent of the EEC without delay .
 ---pagebreak---   In this event a new date for the commencement of delivery and ( if applicable )
  a new schedule could be agreed between the agents of the EEC and of the
  recipient country . The costs arising from this delay shall in all cases
  except force majeure be borne by the recipient country .
  Should the new date provided for in paragraph 2 be more than 30 clear days
 after the date for loading provided for in Article 7 » paragraph 1 , the EEC
 may dispose of the goods without prejudice to its commitment under Article 1
 of this Agreement .
                         »"          Article 9
 If the quantity made available for loading on a vessel cannot be put on
 board in its entirety , the recipient country shall inform the EEC as soon
 as possible and no later than fifteen clear days after loading has been
 completed whether it intends to accept or to renounce the balance .
 In the former case the provisions of Article 8 , paragraphs 2 and 3 , shall
 apply : to the balance , if delivery has not yet taken place .
 In the latter case the EEC may consider that it has discharged its commitment
                                                          0
 to the recipient country under Article 1 of this Agreement and shall bear
 the costs resulting from such renunciation .
 In any event after the expiry of an interval of fifteen clear days and in
 the absence of any notice on the part of the recipient country , the renun­
 ciation shall be deemed to have taken place .
                                   1 Article 10
Upon delivery of the goods , the recipient covin try shall hand to the
agent of the EEC a certificate of acceptance stating the port of shipment ,
date of acceptance , the nature and quantity of the goods accepted and
including any comments on the quality of the goods . and send a copy thereof
to the Commission of the European Communities *