CELEX: 
Language: en
Date: 1973-11-10 00:00:00
Title: Council Decision of 4 June 1973 concluding an agreement between the European Economic Community and the Republic of Chad on the supply of food aid in the form of common wheat #Agreement between the European Economic Community and the Republic of Chad on the supply of food aid in the form of common wheat

No L 310/24                      Official Journal of the European Communities                          10 . 11 . 73
                                                        II
                                     (Acts whose publication is not obligatory)
                                                 COUNCIL
                                              COUNCIL DECISION
                                                  of 4 June 1973
             concluding an agreement between the European Economic Community and the
              Republic of Chad on the supply of food aid in the form of common wheat
                                                   (73/335/ EEC)
THE COUNCIL OF THE EUROPEAN                                  HAS DECIDED AS FOLLOWS :
COMMUNITIES,                                                                       Article 1
Having regard to the Treaty establishing the European        On behalf of the Community an Agreement is hereby
Economic Community, and in particular Articles 113 ,         concluded between the European Economic Commu­
1 14 and 228 thereof ;                                       nity and the Republic of Chad on the supply of food
Having regard to the Recommendation from the                 aid in the form of common wheat, the text of which
Commission ;                                                 agreement is annexed hereto.
Whereas the European Economic Community has                                        Article 2
deposited a declaration of provisional application of        The President of the Council is hereby authorized to
the Food Aid Convention of 1971 ; and whereas that
                                                             designate the persons empowered to sign the Agree­
Convention has been applicable since 1 July 1971 ;
                                                             ment, and to confer on them the powers necessary to
Whereas by letter of 20 November 1972 the Republic           bind the Community.
of Chad submitted a request for emergency food aid ;
Whereas the adverse climatic conditions experienced          Done at Luxembourg, 4 June 1973 .
by the Republic of Chad have appreciably reduced its
                                                                                        For the Council
grain supplies ; and whereas that country should there­
fore be granted a gift of 7 000 metric tons of common                                    The President
wheat under the Community Food Aid Programme
for the year 1971 /72,                                                                R. VAN ELSLANDE
 ---documentbreak--- 10 . 11 . 73                        Official Journal of the European Communities                          No L 310/25
                                                      AGREEMENT
             between the European Economic Community and the Republic of Chad on the supply
                                        of food aid in the form of common wheat
             THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
             on the one part,
             THE GOVERNMENT OF THE REPUBLIC OF CHAD ,
             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 CHAD :
              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 common                  need free of charge .
wheat as a gift to the Republic of Chad , 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 II
                                                                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 anid responsibilities of the Commu­              to in the first indent of Article IX .
nity and of the recipient country relating tio 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 siuch 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 310/26                          Official Journal of the European Communities                                10 . 11 . 73
                        Article VIII                               — not more tihan 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 tihem, 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 all costs subsequent to delivery .
             Any costs resulting from delays in taking delivery which are - attributable Ho the recipient
             country shall be borne by the latter.
                                                           Article 2
             The Community shall 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 % 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 310/27
                                                        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 country.
             The recipient country shall apoint .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 Chad
             The Agreement between the European Economic Community and the Republic of Chad
             on the supply of food aid in the form of common wheat, 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 Representatives
             Committee and Mr Hans-Broder Krohn Director-General of Development and Co­
             operation at the Commission of the European Communities ;
             for the Government of the Republic of Chad by Mr Aladji Oueddo Ambassador, Re­
             presentative of that Government to the European Economic Community.
 ---documentbreak--- NA ---documentbreak--- 10 . 11 / 73                        Official Journal of the European Communities                         No L 310/27
                                                        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 country.
             The recipient country shall apoint .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 Chad
             The Agreement between the European Economic Community and the Republic of Chad
             on the supply of food aid in the form of common wheat, 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 Representatives
             Committee and Mr Hans-Broder Krohn Director-General of Development and Co­
             operation at the Commission of the European Communities ;
             for the Government of the Republic of Chad by Mr Aladji Oueddo Ambassador, Re­
             presentative of that Government to the European Economic Community.