CELEX: 51973PC0591
Language: en
Date: 1973-04-16 00:00:00
Title: RECOMMENDATION for a COUNCIL DECISION 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 (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 591
Vol. 1973/0119
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
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 ---pagebreak--- COMMISSION OP THE EUROPEAN COMMUNITIES
                                             COM(73)591 final
                                             Brussels , 16 April 1973
                               RECOMMENDATION
                                    for a
                              COUNCIL DECISION
                 concluding an agreement between the European
                 Economic Community and the Republic of Chad
                 on the supply of food aid in the form of com­
                 mon wheat
                 (submitted to the Council by the Commission)
   COM(73 ) 591 final
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Articles 113 , 11.4 and. 223 thereof |
Having regard to the Recommendation from the Commission ;
Whereas the European Economic Community' has deposited a declaration of. pro-*
visional application of the Food Aid Convention of 1971 > and whereas that
Convention has "been effective since 1 July 1971 j
Whereas "by letter of 20 November 1972 the Republic of Chad submitted a request
for emergency food aidf
Whereas the adverse climatic conditions experienced by the Republic of Chad
have appreciably reduced its grain supplies } and whereas that country should
therefore be granted a gift of 7 000 metric tons of common wheat under the
Community Pood Aid Programme for 1971/72 }
HAS DECIDED THAT :
                                    Article 1
On behalf of the European Economic Community an Agreement is hereby concluded
between the European Economic Community and the Republic of Chad on the supply
of food aid in the form of common wheat , the text of which agreement is annexed
to this Decision .
 ---pagebreak---                                   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 commit the Communityf
Done at Brussels ,              19 . ••
                                                    Por the Council
                                                     The President
 ---pagebreak---                   AGREENENT
BETWEEN THE EUROPEAN ECOKDMIC COMMUUITY AKD
             THE REPUBLIC OP CHAD
         OIT THE SUPPLY OP POOD AID
        IN THE FORM OP COMMON WHEAT
 ---pagebreak---                                       - 1 -
  THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                                          on the one part ,
' THE GOVERUMEHT OP THE REPUBLIC OP CHAD ,
                                                          on the other part ,
  HAVE DECIDED to conclude this Agreement and to- this - end~~have JLesignated as - -     „
  their plenipotentiaries ;
  THE COUNCIL OP THE EUROPEAN COMMUNITIES :
  THE GOVERMIEHT CP THE REPUBLIC OP CHAD :
  WHO HAVE AGREED AS FOLLOWS :
                                                                              • • •/• • •
 ---pagebreak---                                    Article I
As a part of its Pood Aid Programme ( Cereals ) for 1971/72 , the European Eco­
nomic Community shall supply 7 000 metric tons of common wheat as a gift to
the Republic of Chad , herein after referred to' as the "recipient country".
                                   Article II
Deliveries will be made free-at-frontier in new jute sacks of a net weight
of 50 kg .
                                   Article III
The obligations and responsibilities of the European Economic Community and
of the recipient country relating to delivery and the taking of delivery are
defined in the Annex which forms an integral part of this Agreement .
                                   Article TV
The recipient country undertakes to make all necessary arrangements for the
transport and insurance of the product from places of taking over to places of
destination .
                                   Article V
The recipient country undertakes to use the products received as aid for purposes
of coneunption and to distribute such products to people in need free of charge .
                                   Article VI
The European Economic Community shall grant the recipient country funds to cover
the costs incurred by that country for the transport of the delivered products
from the places of taking over to places of destination .
 ---pagebreak---                                       - 3 -
These funds shall amount to 10 units of account per metric ton of delivered
product .
The Community undertakes to pay this as soon as possible after receipt by
the Commission of the information required in the first indent of Article IX .
                                  Article VII
The Contracting Parties undertake to implement this Agreement m such a way
as to avoid any prejudice to the normal structure of domestic production and
international trade . To this end they shall take any measures required to
ensure that aid supplies are in addition to , and do not replace , "business
transactions which might reasonably be expected in the absence of such supplies .
                                  Article VIII
The recipient country shall take any measures required to prevent :
( i ) The re-export of the product received as aid and of products and by­
      products resulting from such supplies ;
(ii ) The export , commercially or otherwise , within six months of the last
      delivery , either of the product obtained locally and of the same nature
      as the product received as aid or of any products or by-products resul­
      ting from it .
                                  Article IX
The recipient country undertakes to inform the European Economic Community
how this Agreement is being implemented . To this end , it shall provide the
Commission of the European Communities with the following information :
                                                                          • • • /• • •
 ---pagebreak---                                       - 4 -
(i ) Not more than thirty days after the talcing over of each cr-rgo : places
      and dates of taking overj nature , quantity and quality of the overtaken
      products .
(ii ) Every three months until the quantities .received as aid have been fully
      used : a situation report giving , in particular , the number and nature
      of the recipients , the quantities distributed , and the place and method
      of distribution .
                                   Article X
At the request of either of them , the Contracting Parties shall oonsult each
other on any questions concerning the implementation of this Agreement .
                                   Article XI
This Agreement is drawn up in dupl cate in the Danish , Dutch , English , French ,
German and Italian languages , each of these texts being equally authentic .
 ---pagebreak---                AOTEX REFERRED TO IN ARTICLE III OF THE AGREEMENT
                                      Article 1
Delivery shall be effected and risks shall pass from the European Economic
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 transshipment costs and all costs subsequent to delivery .
Any costs resulting from delays , in talcing delivery which are attributable
to the recipient country shall be borne by the latter .
                                  < • Article 2
The European Economic Community shall notify the recipient country , as soon
as possible after the goods have left the port cf loading , of the date of
loading , the quantity and quality of the goods as recorded at loading , the
port of unloading and the means of land transport used to transfer the goods
to the place of delivery .
                                      ArticJe 5
The European Economic 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 before that date .
 ---pagebreak---                                     - 2 -
The European Economic Community sh?vll be obliged to inform the recipient
country at l§ast two days beforehand of the probable date of arrival of the
goods at the place of delivery .
                                   Article A.
On delivery a tolerance of 5 % less than the quantity of wheat to be supplied
under Article I of the Agreement is permitted .    .
                                   Article 5
To implement the provisions of this Annex , the European Economic Community
shall appoint an authorized agent , whose name and address shall be made 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 shall be made known to the European Economic Community
before the Agreement is implemented .   :