CELEX: 21973A1110(02)
Language: en
Date: 1973-06-04 00:00:00
Title: Agreement between the European Economic Community and the Republic of the Niger on the supply of food aid in the form of maize

10. 11 . 73                         Official Journal of the European Communities                          No L 310/29
                                                     AGREEMENT
             between the European Economic Community and the Republic of the Niger on the
                                         supply of food aid in the form of maize
             THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
             on the one part,
             THE GOVERNMENT OF THE REPUBLIC OF THE NIGER,
             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 THE NIGER :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                                                        Article V
As a part of its Food Aid Programme ( Cereals ) for              The recipient country undertakes to use the
the year 1971 / 1972, the European Economic                      products received as aid for purposes of consump­
Community, hereinafter referred to as the 'Commu­                tion and to distribute such products to people in
nity', shall supply 7 000 metric tons of maize                   need free of charge .
as a gift to the Republic of the Niger hereinafter                                        Article VI
referred to as the 'recipient country'.                          The Community shall grant the recipient country a
                                                                 lump sum as its share of the costs incurred by that
                        Article 11
                                                                 country for the transport of the delivered products
                                                                 from the frontier crossing points to the places of
                                                                 destination .
Deliveries will be made free-at-frontier in new jute
sacks of a net weight of 50 kilogrammes each .                   This   contribution shall     amount to  10 units  of
                                                                 account per metric ton of product delivered .
                                                                 The Community undertakes to pay this as soon as
                        Article III
                                                                 possible after receipt by the Commission of the
                                                                 European Communities of the information referred
The obligations and responsibilities of the Commu­               to in the first indent of Article IX .
nity and of the recipient country relating to delivery
and the taking of delivery are defined in the Annex                                      Article VII
which forms an integral part of this Agreement.
                                                                 The Contracting Parties undertake to implement
                                                                 this Agreement in such a way as to avoid any preju­
                        Article IV                               dice to the normal structure of domestic production
                                                                 and international trade . To this end they shall take
The recipient country undertakes to make all neces­              any measures required to ensure that aid supplies
sary arrangements for the transport and insurance                are in addition to, and do not replace, commercial
of the delivered products from the frontier crossing             transactions which might reasonably be expected in
points to the places of destination .                            the absence of such supplies .
 ---pagebreak--- No L 310/30                          Official Journal of the European Communities                               10. 11 . 73
                       Article VUl                                 — not more than thrity days after taking delivery
                                                                       of each consignment : the places and dates of
The recipient country shall take all necessary                         taking delivery together with the nature, quan­
measures to prevent :
                                                                       tity and quality of the products delivered ;
— the re-export of the product received as aid and                 — " every three months until the quantities received
    of products and by-products derived from                           as aid have been fully used : a situation report
    them ;
                                                                       giving, in particular, the number and type of the
— the export, commercially or otherwise, within                        recipients, the quantities distributed, and the
    six months of the last delivery, either of the                     place and method of distribution.
    product obtained locally and of the same nature
    as the product received as aid or of any                                               Article X   '
    products or by-products derived from them .
                                                                   At the request of either of them, the Contracting
                                                                   Parties shall consult each other on any questions
                       Article IX                                   concerning the implementation of this Agreement.
The recipient country undertakes to inform the                                             Article XI
Community how this Agreement is being imple­
mented. To this end, it shall provide the Commis­                  This Agreement is drawn up in duplicate in the
sion of the European Communities with the                           Danish, Dutch, English, French, German and Italian
following information :                                             languages, each of these texts being 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 recipient country
             at the moment at which the goods actually cross the frontier of the recipient country.
             The recipient country shall pay all costs of taking delivery of the goods, any transhipment
             costs and alii costs subsequent to delivery.
             Any costs resulting from delays in caking delivery which are attri,buyable to the recipient
             country shall be borne by the latter.
                                                           Article 2
             The Community shaill notifiy the recipient country, as soon as possible after the goods have
             left the port of loading, of the date of loading, the quantity and quality of the goods as re­
             corded at loading, the port of unloading and the means of land transport used to transfer the
             goods to the place of delivery.
                                                           Article 3
             The Community shall inform the recipient country of the estimated date of arrival of the
             goods at the place of delivery , at least ten clear days in advance. It shall confirm that date at
             least two days in advance.
                                                           Article 4
             On delivery a tolerance of 5 °/o less than the quantity of wheat laid down under Article I of
             the Agreement is permitted.
 ---pagebreak--- 10. 11 . 73                       Official Journal of the European Communities                          No L 310/31
                                                       Article 5
            To implement the provisions of this Annex, the Community shall appoint an authorized agent,
            whose name - and address it shall make known in good time to the recipient aountry.
            The recipient country 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 implemented.
            Information on the signature of the Agreement on the supply of food aid between the
                          European Economic Community and the Republic of the Niger
            The Agreement between the European Economic Community and the Republic of the
            Niger on the supply of food aid in the form of maize, which the Council decided to
            conclude on 4 June 1973 , was signed at Brussels on 19 October 1973
            for the Council of the European Communities by Mr Joseph Van der Meulen Am­
            bassador Extraordinary and Plenipotentiary, Chairman of the Permanent Representa­
            tives Committee and Mr Hans-Broder Krohn Director-General of Development and
            Cooperation at the Commission of the European Communities ;
            for the Government of the Republic of the Niger by Mr Jean Poisson Ambassador,
            Representative of that Government to the European Economic Community.