CELEX: 51975PC0121
Language: en
Date: 1975-03-24 00:00:00
Title: Recommendation for a COUNCIL DECISION on the conclusion of an Agreement between the European Economic Community and the World Food Programme on the supply of cereals to developing countries as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 121
Vol. 1975/0042
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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 ---pagebreak---      COMMISSION OF THE EUROPEAN COMMUNITIES
                                                           COM(75)121    final
                                                           Brussels , 25 March 1975
                                Re commendai; ion for a
                                   COUNCIL DECI SION
                   on the conclusion of an Agreement between the
                   European Economic Community and the World Food
                  Programme on the supply of cereals to developing
                                countries as food aid
                    ( submitted to the Council "by the Commission)
COM(75) 121 final
 ---pagebreak---                ' ;                   ■                         .        VIII/10/75-S
           V               '                                     .
                    /                    RE COÎÎIENDATI ON
              ^   /
           "    /              FOR A COUNCIL DECISION
on the conclusion of an Agreement "between the European Economic Community
and the World Food Programme on the supply of            cereals to - * -•:. • ::
developing countries as food aid
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 concluded the second
 convention relating to food eld (i )                              –-–-–-
Whereas the object of the World Food Programme is to use contributions
received under the Programme to meet emergency food requirements and to
carry out projects involving the use of foodstuffs to promote economic and
social development ;
Whereas it may happen in certain cases that delivery is made at a stage
corresponding to the fob stage ; whereas in such cases the arrangements for •
                                                                         »
delivery and acceptance of delivery at this stage will have to be determined
rapidly ;
HAS DECIDED AS F0LL0W3 :
 OJ No x, 219 / from 9.8.1974 » p . 35 .
 ---pagebreak---                                        _ o _                    VI 11/ 10/7 5-E
                                    Article 1
An Agreement between ^le European Economic Community and the World Pood
                 1                                      .
Programme on the supply of 1 /.^'oereaiB          to developing countries , as
food aid , the text of which is annexed to this Tecision , is hereby concluded
on behalf of the European Economic Community .
           v
                                    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 powers necessary
to bind the Community .
Done at
                                              For the Council
                                              The Président
 ---pagebreak---               AGREEMEWT
BETWEEN THE EUROPEAN ECONOMIC COMMDNITT
                AND
  THE WORLD PROGRAMME OP THE SUPPLY
         OP CEREALS  TO
    DEVELOPING COUNTRIES AS POOD AID.
 ---pagebreak---                                                                         VIIX/ IO/ 75-E
                                      AGREERENT
"between the European Economic Community and the World Pood Programme on the *         ■  ..   .
supply of cereals      yj to developing countries as food aid
 THE COUNCIL OP THE EUROPEAN COMUNITIES ,
 of the one part ,
 THE WORLD FOOD PROGRAMME ,
 a programme undertaken jointly by the United Nations Organization and the United
 Nations Pood and Agriculture Organization ,
 of the other part ,
 Whereas the object of the World Pood Programme is to use contributions received
 under the Programme to meet emergency food requirements and to carry out projects
 involving the use of foodstuffs to promote economic and social development ;
 Whereas there are stocks of v      cereals '■■■■*'■' "? in the European Eccriomic Community ;
 whereas , to enable the World Food Programme to achieve its aims , it has been decided
                                   »•              •
 to place at the disposal of the Programme a certain quantity of V,           r '*. .
cereals available ;
 HAVE DECIDED to conclude this Agreement and to this end have designated as their
 Plenipotentiaries :                                           -
 THE COUNCIL OP THE EUROPEAN COMMUNITIES *    .
 THE WORLD FOOD PROGRAMME s
 WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                              _ 2 -                        VII 1/ 10/7 5-E
                                           Article I   ;
                                   r   -         :                             -
The European Economic C( .imunity, hereinafter referred, to as the "EEC' , shall "
supply as a gift to the World Food Programme , hereinafter referred to as the
"WPP",    30i000 metrio tons of cereals ,
                                           Article II                                     ,
 The 30*000 gross metrio tons of cereals shall "be supplied in their natural state ,
 or as products vhioh have undergone *a first transformation prooess , according to
 the WFP 's requests , as agreed "by the EEC. The deliveries shall be made in bulk, in
 new jute or ootton sacks each of 50 kg net weight , aooording to the needs of the
 projeots.                                                                       -
                                           Article III
Deliveries shall be made fob in accordance with the procedure .laid down in Annex II,
which forms an integral part of this Agreement , or at a corresponding stage in
accordance with a procedure to be determined.
                                           Article IV
1,  The WFP undertakes to make all necessary arrangements for the transport and
     insurance of the goods from point of delivery to plabe of destination and for
    their distribution .
2. The EEC shall pay the WFP a contribution of i,*.'     16 u.a. per metfic ton ofi '
     . cereals >•/ delivered towards costs incurred under paragraph 1 . It shall be
    paid within thirty days of acceptance by the WFP of each delivery of
    ' oeresds__l'_l! and after receipt by the EEC of the letter of acceptance provided
    for in Article 9 of Annex II .
                                           Article V
The WFP undertakes to use the cereals received as aid for emergency •                     t
measures or for economic and social development and food aid projects previously
authorized by the EEC.                                                  *
                                           Article VI
                                     •   .                            •    . .            r
The WFP undertakes to inform^tbe EEC of the mode of implementation of this Agreement *
To this end it shall provide the EEC with the following information :
 ---pagebreak---                                       - 3 -                        VIII/10/75-E
 (a) within a reasonable period following unloading ; port and date of arrival of
      vessel ; nature , quantity and any comments regarding the quality of the goods-
     unloaded ;  date on which unloading was completed ;
(b) at regular intervals until the •! ' cereals    r^have been used up : information
     concerning the state of progress of the projects for which EEC aid was supplied,
     in particular quantities distributed, number and nature of recipients and
     places , rate and method of distribution.   .
                                   Article VII
At the request of either of them , the Contracting Parties shall consult each other
on any questions concerning the implementation of this Agreement .
                                   Article VIII
This Agreement is drawn up in duplicate in the Danish , Dutch, English, French,
German, Italian and Spanish languages , each of these text3 being equally authentic.
 ---pagebreak---                                                                           A1IÏT2X
                             GENERAL PROVISIONS
                                 Article 1
Delivery shall be effected and oil risk shall pass from the EEC to the wPP at
the moment at which the goods are put down at the point of exportation -named
by the Commission of the European Communities at the "berth specified by the
WPP or its agent referred to in Article 2 and under the terras f specified in
                                          >                     i     *   j/•
the following
bear  all costs articles.   Without andprejudice
                 prior to delivery                   to Articles^
                                              those after delivery.. and | the EEC shall
                                 Article 2
On delivery a tolerance of 57> less than the quantity ot wheat to be supplied
under Artiole I of the Agreement is permitted.
                                 ΑγϊιοΙθ V ■                                        V
                                        -   - • k  ,
For the purpose of implementing the provisions of this          Annex the EEC shall appoint
if necessary for each consignment , an agent whose name         and address it shall make
known to the WPP immediately following his appointment          together with the port or i
ports of loading.     Only ports which are accessible to        ocean-going vessels and
used for international freight may be named.            The WFP shall appoint in each port j
of shipment an agent whose name and address it shall make known to the EEC with
all dispatch and if possible before the .appointment of the EEC agent .
                                Article' 4 ___■
Before implementing the procedures for appointing the EEC agent referred to m
Article 3, the Commission of the European Communities and the WPP shall establish
by joinlfc^agreement the period during which delivery must begin .                       l
        •  ^                 EEC OBLIGATIONS
                             -  Article 5 : "
If the EEC is unable to effect delivery on the date and, if applicable , according
                                                  i
to the schedule referred to in Article :, all costs arising for the WPP and, for I
 ---pagebreak---  example , cny demurrage ■. void freight or dead freight , "being costs charged at the
 normal rate , shall bo borne by the EEC .      :                 "
                                    Article K
 If the E2C y is unable to supply all or part of the goods on the date and. v/i thin
 the time limit agreed pursuant to Article <7 end without prejudice to the provisions
 of Article'. 5 1 it shall so inform the WFP fii writing without delay and in any case
within eigffff days , and the agents of the EEC and the WFP shall agree on a new
 dp.te and a new time limit for delivery of all the goods or of the undelivered
part thereof .                  '                 '  .
                                  WFP OBLIGATION'S              .
                                    Article X --–" .
                                                       ■'ST-
After contacting tne EEC , the "WFP shall procure one or more vessels of dimensions
corresponding to the normal capacity of the port of shipment ;        these vessels must
be ready for loading on a date falling within the period referred to in Article fa.
The WFP agent shall inform the ESC of this date and of the date for commencement
of delivery as soon as he knows them , if possible twenty days and in any case ten
clear days before the date for commencement of delivery.            '
He shall establish with the JEC agent the schedule according to which delivery is
to be effected.                                                                 .
                                    Article '.8              :
If the WFP is unable to commence loading on the date referred to in the first
                          ' >   I                                        .
paragraph of Article 7/, its agent shall so inform the EEC agent in writing without
                       «.     /
delay and in any oase within eight days .
 ---pagebreak---                                         - 3 -
   Tn such case a new date for the commencement of delivery and, if applicable , a
  new schedule may be agrc d on by the -.gents of the ESC and the WFP . At all events ,
  the costs arising from such delay shall , except in cases of force majeure , be borne
  by the WFP .
                                                                                   *
  If the new date referred to in the preceding paragraph is more than thirty clear
  ' • \yn after the date of loading referred to in the first paragraph of Article "J
  the ESC may dispose of the goods without prejudice to its commitment under Article I ^
■ of this Agreement . .
           .  .                       Article 9
  If the quantity scheduled for loading aboard a vessel cannot be taken on board in
  its entirety, the WFP shall inform the EEC as goon as possible and not later than
  fifteen clear days following the completion of loading whether, it intends to accept
  or to forego the balance .                                   •
  In the first case , the second and third paragraphs of Article (8' shall apply to such
  balance if it has not already been delivered .         "             ,       '
                                                                         ■     • '        '   I
                                                                                              I
  In the second case , the EEC may regard itself as having discharged its commitment
  to the WFP under Article I of the Agreement and shall .bear any costs resulting
  from such decision to forego the b?lance .                   A
                                   i■                .
  In any event , if the WFP does not make known its intentions within the period of
  fifteen clear days it shall be deemed to forego the balance .            '
                                      Article' lCLi.
  Upon delivery of the goods , the UFP agent shall hand the EEC agent a letter of
  acceptance , indicating the port of shipment,' the date of acceptance and the
  nature and quantity of the goods delivered together with any comments regarding
  their quality.
                                                                                                !
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