CELEX: 21973A1106(03)
Language: en
Date: 1973-10-15 00:00:00
Title: Agreement between the European Economic Community and the Republic of Upper Volta on the supply of maize as food aid

25 . 2 . 74                        Official Journal of the European Communities                            No L 53 /7
                                                   AGREEMENT
             between the European Economic Community and the Republic of Upper Volta on the
                                             supply of maize as food aid
             THE COUNCIL OF THE EUROPEAN COMMUNITIES,
             on the one part,
             THE GOVERNMENT OF THE REPUBLIC OF UPPER VOLTA ,
             on 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 UPPER VOLTA :
             WHO HAVE AGREED AS FOLLOWS :
                        Article 1                                                     Article V
As part of its Food Aid Programme ( Cereals ) for
1972/73 , the European Economic Community,                    The recipient country undertakes to use the product
hereinafter referred to as the 'Community ', shall            received as aid for purposes of consumption and to
supply the Republic of Upper Volta, hereinafter               distribute the maize received free of charge except
referred to as the 'recipient country ', with 14 900          for 1 000 metric tons which may be sold on the
metric tons of maize, by way of gift.                         local market at prices normally obtaining on that
                                                              market for goods of comparable quality.
                        Article II
Deliveries will be made at the place of destination,          The proceeds from this sale, less the normal cost of
fixed by common accord between the recipient                  selling the product on the local market, ( excluding
country and the Commission of the European                    the cost of interior transport) shall be paid into a
Communities .                                                 special account at the Central Bank of that country,
                                                              or at a bank controlled by the State, and allocated
                       Article III                            to the financing of one or more development
                                                              schemes which shall have been proposed by the
The obligations and responsibilities of the Commu­            recipient country and approved by the Community.
nity and of the recipient country relating to delivery
and the taking of delivery in particular are defined
in the Annex, which forms an integral part of this                                    Article VI
Agreement.
                       Article IV                             The    Contracting Parties undertake to implement
                                                              this  Agreement in such a way as to avoid any preju­
The recipient country undertakes to make all neces­           dice  to the normal structure of domestic production
sary arrangements for the transport and insurance             and   international trade . To this end they shall take
of the product as from the place of destination .             any   measures required to ensure that aid supplies
 ---pagebreak--- No L 53 / 8                            Official Journal of the European Communities                                25 . 2 . 74
are in addition to, and do not replace, commercial                      ( b ) quantities sold, how they have been sold,
transactions which might reasonably be expected in                            selling prices ; normal selling costs on the
the absence of such supplies .                                                recipient country's market ;
                         Article VII                                3 . on 15 January every year until the special
                                                                        account has been fully used :
The recipient country shall take all appropriate
measures to prevent :
                                                                        ( a) state of this account ( deposits and with­
                                                                              drawals ) on 31 December of the preceding
— the re-export of the product received as aid and                             year ;
     of products resulting from such supplies ;
                                                                        ( b ) progress achieved in the project or projects,
— the export, commercially or otherwise, within                               with an indication of the total amount of
     six months of the last delivery, either of the                           financing carried out at that stage.
     product obtained locally and of the same nature
     as the product received as aid or of any                                                 Article IX
     products resulting from it.
                                                                    The country of destination shall take all measures
                         Article VIII                               necessary to enable persons duly authorized by the
The recipient country undertakes to inform the                      Community to follow on the spot the progress of
Community of the mode of application of this                        operations carried out in pursuance of this Agree­
                                                                    ment .
Agreement. To this end it shall provide the Commis­
sion of the European Communities with the
following information :                                                                        Article X
1 . not later than 30 days after delivery is taken of               At the request of either of them, the Contracting
    each cargo : place and date of taking delivery ;                 Parties shall consult each other on any questions
    nature, quantity and quality of the goods of                     concerning the implementation of this Agreement.
    which delivery has been taken ;
                                                                                              Article XI
2. every three months until the quantities received
    as aid have been fully used :
                                                                    This Agreement shall be drawn up in duplicate in
    ( a) the quantities distributed, the number and                 the Danish, Dutch, English, French, German and
         type of recipients and the places, the rate and             Italian languages, each of these texts being equally
         the method of distribution ;                                authentic .
                                                            ANNEX
                                       Provisions laid down in Article III of the Agreement
                                                            Article 1
               Delivery shall be effected and all risk shall pass from the Community to the country of
               destination at the moment at which the goods actually arrive at the place of destination .
               The country of destination shall pay all costs for taking delivery of the goods, any tranship­
               ment costs and all costs subsequent to delivery .
               Any costs resulting from delays in taking delivery which are attributable to the country
               of destination shall be borne by the latter.
                                                            Article 2
               The Community shall notify the country of destination as soon as possible of the means
               of transport to be used to carry the goods to the place of destination, the means of shipment
 ---pagebreak--- 25 . 2 . 74                       Official Journal of the European Communities                              No L 53 / 9
            lo be used during the intermediary phases, the date of loading and the quantity and quality
            ot the goods as recorded on shipment from the Community.
                                                       Article 3
            The Community shall inform the country of destination of the excepted date of arrival of
            the goods at the place of destination in good time before that date. It shall confirm that date
            at least two days in advance.
                                                       Article 4
            On delivery, a tolerance of 5 %> less than the quantity laid down under Article I of the
            Agreement is permitted .
                                                       Article S
            To implement this Annex, the Community shall appoint an authorized agent, whose name
            and address it shall make known in good time to the country of destination .
            The country of destination shall appoint a receiving agent at each place of delivery, whose
            name and address it shall make known to the Community before the Agreement is imple­
            mented .
            Information on the signing of the Agreement between the European Economic
                       Community and the Republic of Upper Volta on the supply of food aid
            The Agreement between the European Economic 'Community and Upper Volta on the
            supply of maize as food aid, which the Council decided to conclude on 15 October
            1973 , was signed in Brussels on 6 November 1973 , by
            Mr Niels Ersboll, Ambassador Extraordinary and Plenipotentiary, Chairman of the
            Permanent Representatives Committee, and
            Mr Hans-Broder Krohn, Director-General for Development and Cooperation at the
            Commission of the European Communities, on behalf of the Council of the European
            Communities, and by
            Mr Pierre Ilboudo, Ambassador, Representative of the Government of Upper Volta
            to the European Communities on behalf of the Government of Upper Volta .