CELEX: 
Language: en
Date: 1974-03-30 00:00:00
Title: Council Decision of 11 February 1974 on the conclusion of the Agreement between the European Economic Community and the Republic of Chad on the supply of soft wheat, maize and sorghum as food aid #Agreement between the European Economic Community and the Republic of Chad on the supply of soft wheat, maize and sorghum as food aid

No L 87/6                       Official Journal of the European Communities                            30.3.74
                                            COUNCIL DECISION
                                             of 11 February 1974
          on the conclusion of the Agreement between the European Economic Community and
            the Republic of Chad on the supply of soft wheat, maize and sorghum as food aid
                                                 (74/162/EEC)
          THE COUNCIL OF 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 ;
          Whereas the European Economic Community has deposited a Declaration of provisional
          application of the 1971 Food Aid Convention ; whereas that Convention has been appli­
          cable since 1 July 1971 ;
          Whereas by its letter of 22 May 1973 , the Republic of Chad has requested food aid ;
          Whereas in view of the grain supply situation in Chad that country should be accorded,
          by way of gift, 6 000 metric tons of cereals, in the form of 2 000 metric tons of soft wheat,
          2 000 metric tons of maize and 2 000 metric tons of sorghum under the Community
          Food Aid Programme (Cereals) for 1972/73 .
          HAS DECIDED AS FOLLOWS :
                                                    Article 1
          The Agreement between the European Economic Community and the Republic of
          Chad on the supply of soft wheat, maize and sorghum as food aid, the text whereof is
          annexed hereto, is hereby concluded on behalf of the Community.
                                                    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 necessary powers to bind the Community.
          Done at Brussels, 11 February 1974.
                                                                                For the Council
                                                                                 The President
                                                                                     J. ERTL
 ---documentbreak--- 30 . 3 . 74                          Official Journal of the European Communities                          No L 87/7
                                                     AGREEMENT
             between the European Economic Community and the Republic of Chad on the supply
                                    of soft wheat, maize and sorghum as food aid
             THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
             of the one part, and
             THE GOVERNMENT OF THE REPUBLIC OF CHAD ,
             of the other part ,
             HAVE DECIDED to conclude this Agreement and to this end have designated as their Pleni­
             potentiaries :
             THE COUNCIL OF THE EUROPEAN COMMUNITIES :
             THE GOVERNMENT OF THE REPUBLIC OF CHAD :
             WHO HAVE AGREED AS FOLLOWS :
                         Arttele I                                                    Article IV
As part of its Food Aid Programme ( Cereals) for                The country of destination undertakes to make all
1972/73 , the European Economic Community, here­                necessary arrangements for the transport and
inafter called the 'Community, shall supply 6 000               insurance of the goods as from the place of
metric tons of cereals in the form of 2 000 metric              destination .
tons of maize, 2 000 metric tons of sorghum and
2 000 metric tons of soft wheat as a gift to the
Republic of Chad, hereinafter referred to as the                                      Article V
'country of destination'.
                                                                The country of destination undertakes to use the
                        Article II                              products received as aid for purposes of consumption
                                                                and to distribute such products free of charge to
Deliveries shall be made in new jute bags with a net            people in need.
weight of 50 kg each, free to a place of destination
to be determined by agreement between the country
of destination and the Community.                                                     Article VI
                        Article III
                                                                The Contracting Parties undertake to implement this
                                                                Agreement in such a way as to avoid any prejudice
                                                                to the normal structure of domestic production and
The obligations and responsibilities of the Com­                international trade. To this end they shall take any
munity and of the country of destination relating in            measures required to ensure that aid supplies are in
particular to delivery and the taking of delivery are           addition to, and do not replace commercial trans­
defined in the Annex, which forms an integral part              actions which might reasonably be expected in the
of this Agreement.                                              absence of such supplies.
 ---pagebreak--- No L 87/8                            Official Journal of the European Communities                              30. 3 . 74
                        Article VII                             — every three months until the quantities received as
                                                                    aid have been fully used : the quantities distri­
                                                                    buted, the number and type of recipients and
The country of destination shall take all appropriate               places, the place, rate, and the methods of distri­
measures to prevent :                                               bution ;
— the re-export of the product received as aid and
     of products resulting from such supplies ;                                        Article IX
— the export, commercially or otherwise, within
     six months of the last delivery, either of the             The country of destination     shall take all measures
     product obtained locally and of the same nature            necessary to enable persons    duly authorised by the
     as the product received as aid or of any products          Community to follow the        progress of operations
     resulting from it.                                         carried out in pursuance of     this Agreement on the
                                                                spot.
                        Article VIII                                                   Article X
The country of destination undertakes to inform the             At the request of either of them, the Contracting
Community how this Agreement is being implemen­                 Parties shall consult each other on any questions
ted . To this end it shall provide the Commission of            concerning the implementation of this Agreement.
the European Communities with the following infor­
mation :
                                                                                       Article XI
— not later than 30 days after delivery is taken of
     each consignment: port and date of taking                  This Agreement shall be drawn up in duplicate in the
     delivery ; nature, quantity and quality of the             Danish, Dutch, English, French, German and Italian
     goods of which delivery has been taken ;                   languages, each of these texts being equally authentic.
 ---pagebreak---  30 . 3 . 74                         Official Journal of the European Communities                                No L 87/9
                                                         ANNEX
                                   Provisions laid down in Article III of the Agreement
                         Article 1                                                         Article 3
Delivery shall be effected and all risk shall pass from          The Community shall inform the country of destination
the Community to the country of destination at the               of the expected date of arrival of the goods at the place
moment at which the goods actually arrive at the place of        of destination in good time before that date. It shall
destination .                                                    confirm that date at least two days in advance.
The country of destination shall pay all costs for taking
delivery of the goods, any transhipment costs and all                                      Article 4
costs subsequent to delivery .
                                                                 On delivery, a tolerance of 5% less than the quantity
Any costs resulting from delays in taking delivery which         laid down under Article I of the Agreement is permitted.
are attributable to the country of destination shall be
borne by the latter.
                                                                                           Article 5
                         Article 2                               To implement this Annex, the Community shall appoint
                                                                 an authorized agent, whose name and address it shall
The Community shall notify the country of destination as         make known in good time to the country of destination .
soon as possible of the means of transport to be used to
carry the goods to the place of destination , the means of       The country of destination shall appoint a receiving
shipment to be used during the intermediary phases, the          agent at each place of delivery, whose name and address
date of loading and the quantity and quality of the goods        it shall make known to the Community before the Agree­
as recorded on shipment from the Community.                      ment is implemented .
              Information on the signing of the Agreement between the European Economic Community
                                 and the Republic of Chad on the supply of food aid
              The Agreement between the European Economic Community and Chad on the supply
              of soft wheat, maize and sorghum as food aid, which the Council decided to conclude
              on 11 February 1974, was signed in Brussels on 13 February 1974, on behalf of the Council
              of the European Communities by :
              Mr Eberhard Boemke, Minister Plenipotentiary, Deputy Permanent Representative and
              Mr J. Durieux, Director, Directorate-General for Development and Cooperation at
              the Commission of the European Communities, and on behalf of the Government of
              Chad by :
              Mr Paul Djime, Acting Charge d'Affaires and Representative of the Government of
              Chad to the European Communities.
 ---documentbreak--- NA ---documentbreak---  30 . 3 . 74                         Official Journal of the European Communities                                No L 87/9
                                                         ANNEX
                                   Provisions laid down in Article III of the Agreement
                         Article 1                                                         Article 3
Delivery shall be effected and all risk shall pass from          The Community shall inform the country of destination
the Community to the country of destination at the               of the expected date of arrival of the goods at the place
moment at which the goods actually arrive at the place of        of destination in good time before that date. It shall
destination .                                                    confirm that date at least two days in advance.
The country of destination shall pay all costs for taking
delivery of the goods, any transhipment costs and all                                      Article 4
costs subsequent to delivery .
                                                                 On delivery, a tolerance of 5% less than the quantity
Any costs resulting from delays in taking delivery which         laid down under Article I of the Agreement is permitted.
are attributable to the country of destination shall be
borne by the latter.
                                                                                           Article 5
                         Article 2                               To implement this Annex, the Community shall appoint
                                                                 an authorized agent, whose name and address it shall
The Community shall notify the country of destination as         make known in good time to the country of destination .
soon as possible of the means of transport to be used to
carry the goods to the place of destination , the means of       The country of destination shall appoint a receiving
shipment to be used during the intermediary phases, the          agent at each place of delivery, whose name and address
date of loading and the quantity and quality of the goods        it shall make known to the Community before the Agree­
as recorded on shipment from the Community.                      ment is implemented .
              Information on the signing of the Agreement between the European Economic Community
                                 and the Republic of Chad on the supply of food aid
              The Agreement between the European Economic Community and Chad on the supply
              of soft wheat, maize and sorghum as food aid, which the Council decided to conclude
              on 11 February 1974, was signed in Brussels on 13 February 1974, on behalf of the Council
              of the European Communities by :
              Mr Eberhard Boemke, Minister Plenipotentiary, Deputy Permanent Representative and
              Mr J. Durieux, Director, Directorate-General for Development and Cooperation at
              the Commission of the European Communities, and on behalf of the Government of
              Chad by :
              Mr Paul Djime, Acting Charge d'Affaires and Representative of the Government of
              Chad to the European Communities.