CELEX: 
Language: en
Date: 1973-12-13 00:00:00
Title: Council Decision of 9 November 1973 concluding the Agreement between the European Economic Community and the Republic of Upper Volta on the supply of maize as food aid #Agreement between the European Economic Community and the Republic of Upper Volta concerning the supply of maize as food aid

13 . 12 . 73                        Official Journal of the European Communities                   No L 343 /21
                                                COUNCIL DECISION
                                                 of 9 November 1973
             concluding the Agreement between the European Economic Community and the Republic
                               of Upper Volta on the supply of maize as food aid
                                                     (73 /382/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
             applicable since 1 July 1971 ;
             Whereas the Republic of Upper Volta, by its letter of 3 December 1971 , has requested
             food aid ;
             Whereas in view of the cereal supply situation in Upper Volta that country should be
             accorded, by way of gift, 2 500 metric tons of maize under the Community Food Aid
             Programme for 1971/72,
             HAS DECIDED AS FOLLOWS :
                                                       Article 1
             The Agreement between the European Economic Community and the Republic of
             Upper Volta for the supply of maize as food aid, the text whereof is annexed hereto,
             is hereby concluded on behalf of the European Economic Community.
                                                       Article 2
             The President of the Council hereby authorized to designate the persons empowered to
             sign the Agreement and to confer on them the necessary powers to bind the Com­
             munity.
             Done at Brussels, 9 November 1973 .
                                                                                 For the Council
                                                                                  The President
                                                                                 Per HAEKKERUP
 ---documentbreak--- No L 343 /22                       Official Journal of the European Communities                            13 . 12. 73
                                                   AGREEMENT
             between the European Economic Community and the Republic of Upper Volta con­
                                    cerning the supply of maize as food aid
             THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
             of the one part,
             THE GOVERNMENT OF THE REPUBLIC OF UPPER VOLTA ,
             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 UPPER VOLTA :
              WHO HAVE AGREED AS FOLLOWS :
                        Article I                                                   Article V
As part of its Food Aid Programme ( Cereals) for              The recipient country undertakes to use the product
1971 /72, the European Economic Community, here­              received as aid for purposes of consumption and to
inafter referred to as the ' Community', shall supply         implement, for the sale of the product on the local
the Republic of Upper Volta, hereinafter referred to          market, prices normally obtaining on that market
as the 'recipient country', with 2 500 metric tons of         for goods of comparable quality.
maize, by way of gift.                                        The proceeds from this sale, less the normal cost of
                                                              selling the product on the local market, (excluding
                        Article 11                            the cost of interior transport) shall be paid into a
                                                              special account at the Central Bank of that country,
Deliveries will be made at the frontier of the recipient      or at a bank controlled by the State, and allocated
country in new jute sacks containing 50 kilograms             to the financing of one or more development schemes
each .                                                        which shall have been proposed by the recipient
                                                              country and approved by the Community.
                       Article 111
                                                                                    Article VI
The obligations and responsibilities of the Com­              The Contracting Parties undertake to implement this
munity and of the recipient country relating to deli­         Agreement in such a way as to avoid any prejudice
very and the taking of delivery in particular are             to the normal structure of domestic production and
defined in the Annex, which forms an integral part            international trade. To this end they shall take any
of this Agreement.                                            measures required to ensure that aid supplies are in
                                                              addition to, and do not replace, commercial trans­
                        Article IV                            actions which might reasonably be expected in the
                                                              absence of such supplies . In particular, the recipient
The recipient country undertakes to make all neces­           country undertakes to import commercially from
sary arrangements for the transport and insurance             whatever source, between 1 July 1972 and 30 June
of the product as from frontier crossing point to the         1973 , a minimum quantity of 18 000 metric tons of
place of destination.                                          grain .
 ---pagebreak--- 13 . 12 . 73                           Official Journal of the European Communities                                    No L 343 /23
                        Article VII                                   3 . on 15 January every year until the special account
                                                                            has been fully used :
The recipient country shall take all appropriate mea­
sures to prevent :                                                          ( a ) state of this account (deposits and withdra­
                                                                                  wals ) on 31 December of the preceding year ;
— the re-export of the product received as aid and
     of products resulting from such supplies ;                             ( b) progress achieved in the project or projects,
                                                                                  with an indication of the total amount of
— the export, commercially or otherwise, within six                               financing carried out at that stage.
     months of the last delivery, either of the product
     obtained locally and of the same nature as the
                                                                                                 Article IX
     product received as aid or of any products or by­
     products resulting from it.                                      The country of destination shall take all measures
                                                                      necessary to enable persons duly authorized by the
                        Article VIII                                  Community to follow on-the-spot the progress of
The recipient country undertakes to inform the Com­                   operations carried out in pursuance of this Agree­
                                                                      ment .
munity of the mode of application of this Agreement.
To this end it shall provide the Commission of the
European Communities with the following infor­                                                    Article X
mation :
                                                                      At the request of either of them, the Contracting
1 . not later than thirty days after delivery is taken                Parties shall consult each other on any questions
     of each cargo : place and date of taking delivery ;              concerning the implementation of this Agreement.
     nature, quantity and quality of the goods of which
     delivery has been taken ;                                                                   Article XI
2. every three months until the quantities received                   This Agreement shall be drawn up in duplicate in the
     as aid have been fully used : quantities sold, how               Danish, Dutch, English, French, German and Italian
     they have been sold, selling prices ; normal selling             languages, each of these texts being equally authen­
     costs on the recipient country's market;                         tic .
                                                              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 recipient country
              at the moment at which the goods actually cross the frontier of the recipient country.
              The recipient country shall pay all costs for taking delivery of the goods, any transhipment costs
              and all costs subsequent to delivery.
              Any costs resulting from delays in taking delivery which are attributable to the recipient country
              shall be borne by the latter.
                                                              Article 2
              As soon as possible after the goods have left the port of shipment, the Community shall advise the
              recipient country of the date of loading, of the quantity and quality of the goods as at shipment, the
              port of discharge , and the means of overland transport to be used for the shipment of the goods
              to the places of delivery .
                                                              Article 3
               The Community shall inform the recipient country at least 10 clear days in advance, of the expected
              date of arrival of the goods at the place of delivery. It shall confirm that date at least two days in
              advance .
 ---pagebreak--- No L 343 /24                         Official Journal of the European Communities                              13 . 12 . 73
                                                          Article 4
             On delivery, a tolerance of 5 % less than the quantity laid down under Article I of the Agreement
             is permitted .
                                                          Article 5
             To implement this Annex, the Community shall appoint an authorized agent, whose name and
             address it shall make known in good time to the recipient country .
             The recipient country shall appoint a receiving agent at each place of delivery, whose name and
             address is shall make known to the Community before the Agreement is implemented.
             Information concerning 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 the Republic of
             Upper Volta on the supply of maize as food aid, which the Council decided to con­
             clude on 9 November 1973 , was signed in Brussels on 12 November 1973
              on behalf of the Council of the European Communities, by Mr Niels Ersboll, Ambassa­
             dor Extraordinary and Plenipotentiary, Chairman of the Permanent Representative
             Committee, and by Mr Hans-Broder Krohn, Director-General for Development and
              Cooperation of the Commission of the European Communities ;
              on behalf of the Government of the Republic of Upper Volta by Mr Pierre Ilboudo, Am­
              bassador, Representative of that Government to the European Economic Community.
 ---documentbreak--- NA ---documentbreak--- No L 343 /24                         Official Journal of the European Communities                              13 . 12 . 73
                                                          Article 4
             On delivery, a tolerance of 5 % less than the quantity laid down under Article I of the Agreement
             is permitted .
                                                          Article 5
             To implement this Annex, the Community shall appoint an authorized agent, whose name and
             address it shall make known in good time to the recipient country .
             The recipient country shall appoint a receiving agent at each place of delivery, whose name and
             address is shall make known to the Community before the Agreement is implemented.
             Information concerning 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 the Republic of
             Upper Volta on the supply of maize as food aid, which the Council decided to con­
             clude on 9 November 1973 , was signed in Brussels on 12 November 1973
              on behalf of the Council of the European Communities, by Mr Niels Ersboll, Ambassa­
             dor Extraordinary and Plenipotentiary, Chairman of the Permanent Representative
             Committee, and by Mr Hans-Broder Krohn, Director-General for Development and
              Cooperation of the Commission of the European Communities ;
              on behalf of the Government of the Republic of Upper Volta by Mr Pierre Ilboudo, Am­
              bassador, Representative of that Government to the European Economic Community.