CELEX: 
Language: en
Date: 1974-08-09 00:00:00
Title: Council Decision of 4 June 1974 on the conclusion of the Agreement between the European Economic Community and the Republic of Upper Volta on the supply of maize and sorghum as food aid #Agreement between the European Economic Community and the Republic of Upper Volta on the supply of maize and sorghum as food aid

No L 219/ 10                       Official Journal of the European Communities                     9 . 8 . 74
                                               COUNCIL DECISION
                                                  of 4 June 1974
             on the conclusion of the Agreement between the European Economic Community and
                the Republic of Upper Volta on the supply of maize and sorghum as food aid
                                                    (74/403/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 by its letter of 5 October 1973 , the Republic of Upper Volta has requested
             food aid ;
             Whereas in view of the grain supply situation in Upper Volta that country should be
             accorded, by way of gift, 15 000 metric tons of cereals, in the form of 12 000 metric
             tons of maize and 3 000 metric tons of sorghum under the Community Food Aid
             Programme ( Cereals ) for 1973/74,
             HAS DECIDED AS FOLLOWS :
                                                       Article 1
             The Agreement between the European Economic Community and the Republic of Upper
             Volta on the supply of 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 Com­
             munity.
             Done at Luxembourg, 4 June 1974 .
                                                                                    For the Council
                                                                                     The President
                                                                                        J. ERTL
 ---documentbreak---  9 . 8 . 74                          Official Journal of the European Communities                           No L 219/ 11
                                                     AGREEMENT
              between the European Economic Community and the Republic of Upper Volta on the
                                     supply of maize and sorghum 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 Pleni­
              potentiaries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE GOVERNMENT OF THE REPUBLIC OF UPPER VOLTA :
              WHO HAVE AGREED AS FOLLOWS :
                          Article I                                                    Article IV
As part of its Food Aid Programme ( Cereals ) for               The country of destination undertakes to make all
1973/74, the European Economic Community,                       necessary arrangements for the transport and insurance
hereinafter called the 'Community', shall supply                 of the goods as from the place of destination.
15 000 metric tons of cereals in the form of 12 000
metric tons of maize and 3 000 metric tons of
sorghum as a gift to the Republic of Upper Volta,
hereinafter referred to as the 'country of destination'.                                Article V
                                                                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
                                                                people in need.
Deliveries shall be made in new jute bags with a net
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 V7
                         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 Community           international trade. To this end they shall take any
and of the country of destination relating in particu­          measures required to ensure that aid supplies are in
lar to delivery and the taking of delivery are defined          addition to, and do not replace commercial trans­
in the Annex, which forms an integral part of this              actions which might reasonably be expected in the
Agreement.                                                      absence of such supplies .
 ---pagebreak--- No L 219/ 12                         Official Journal of the European Communities                                 9 . 8 . 74
                        Article VII                             uted, the number and type of recipients and the
                                                                places, rate and methods of distribution.
The country of destination shall take all appropriate
measures to prevent :                                                                    Article IX
— the re-export of the products received as aid anc}            The country of destination shall take all measures
    of products and by-products resulting from such             necessary to enable persons duly authorized by the
     supplies ;                                                 Community to follow the progress of operations
— the export, commercially or otherwise, within six             carried out in pursuance of this Agreement on the
    months of the last delivery, either of the products         spot.
     obtained locally and of the same nature as the
    products received as aid or of any products and                                      Article X
     by-products resulting from them .
                                                                At the request of either of them, the Contracting
                                                                Parties shall consult each other on any question con­
                        Article VIII                            cerning the implementation of this Agreement.
The country of destination undertakes to inform the                                      Article XI
Community how this Agreement is being implemented,
To this end it shall provide the Commission of the              This Agreement shall be drawn up in duplicate
European Communities, every three months until                  in the Danish, Dutch, English, French, German and
the quantities received as aid have been fully used,            Italian languages, each of these texts being equally
reports indicating in particular the quantities distrib­        authentic.
                                                         ANNEX
                                     Provisions laid down in Article III of the Agreement
                          Article 1                             of destination in good time before that date. It shall
                                                                confirm that date at least two days in advance.
Delivery shall be effected and all risk shall pass from
the Community to the country of destination at the                                        Article 4
moment at which the goods actually arrive at the place
of destination .                                                On delivery, a tolerance of 5 °/o less than the quantity
                                                                laid down under Article I of the Agreement is permitted.
The country of destination shall pay all costs for taking
delivery of the goods, any transhipment costs and all                                     Article 5
costs subsequent to delivery.
Any costs resulting from delays in taking delivery which        To implement this Annex, the Community shall appoint
                                                                an authorized agent, whose name and address it shall
are attributable to the country of destination shall be
                                                                make known in good time to the country of destination.
borne by the latter.
                                                                The country of destination shall appoint a receiving agent
                          Article 2                             at each place of delivery, whose name and address it shall
                                                                make known to the Community before the Agreement is
The Community shall notify the country of destination           implemented .
as soon as possible of the means of transport to be used
to carry the goods to the place of destination, the means                                 Article 6
of shipment to be used during the intermediary phases,
the date of loading and the quantity and quality of the         On delivery of the goods the country of destination shall
goods as recorded on shipment from the Community.               hand to the authorized agent of the European Economic
                                                                Community a taking-over certificate, stating the place
                          Article 3                             and date of taking over, the nature and the quantity as
                                                                 well as any observations about the quality of the goods.
 The Community shall inform the country of destination           It shall send a copy thereof to the Commission of the
 of the expected date of arrival of the goods at the place       European Communities .
 ---documentbreak--- NA ---documentbreak--- 9 . 8 . 74                     Official Journal of the European Communities                     No L 219 / 13
           Information on the signing of the Agreement on the supply of food aid between the
                    European Economic Community and the Republic of Upper Volta
           The Agreement between the European Economic Community and Upper Volta on the
           supply of maize and sorghum as food aid, which the Council agreed to conclude on
           4 June 1974 was signed in Brussels on 5 June 1974 on behalf of the Council of the
           European Communities by :
           Mr Ulrich Lebsanft, Ambassador Extraordinary and Plenipotentiary, Chairman of the
           Permanent Representatives Committee, and
           Mr Hans-Broder Krohn, Director-General for Development and Cooperation, Com­
           mission of the European Communities, on behalf of the Government of Upper Volta by :
           Mr Pierre Ilboudo, Ambassador, Representative of Upper Volta to the European
           Economic Community.