CELEX: 
Language: en
Date: 1974-09-05 00:00:00
Title: Council Decision of 27 June 1974 on the conclusion of the Agreement between the European Community and the World Food Programme on the supply of cereals as food aid to developing countries #Agreement between the European Economic Community and the World Food Programme on the supply of cereals as food aid to developing countries

No L 243 /6                        Official Journal of the European Communities                     5 . 9 . 74
                                               COUNCIL DECISION
                                                  of 27 June 1974
            on the conclusion of the Agreement between the European Economic Community and
            the World Food Programme on the supply of cereals as food aid to developing countries
                                                    (74/438/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 filed a declaration of provisional
             application of the 1971 Food Aid Convention ; whereas that Convention has been
             applicable since 1 July 1971 ;
             Whereas the World Food Programme has given notice of its requirements in cereals
             for the purpose of meeting emergency food requirements and of carrying out projects
             for economic and social development in developing countries, and whereas for that
             purpose a quantity of products equivalent to 10 000 metric tons of unprocessed cereals
             should be made available to the World Food Programme, under the 1971 /72 Com­
             munity Food Aid Programme, and 5 000 metric tons under the 1972/73 programme,
             HAS DECIDED AS FOLLOWS :
                                                       Article 1
             The Agreement between the European Economic Community and the World Food
             Programme on the supply of cereals as food aid to developing countries, the text of
             which is annexed to this Decision, is hereby concluded on behalf of the European
             Economic Community.
                                                       Article 2
             The President of the Council is authorized to designate the persons empowered to
             sign the Agreement and to confer upon them the powers required in order to bind the
             Community.
             Done at Luxembourg, 27 June 1974.
                                                                                For the Council
                                                                                 The President
                                                                                K. GSCHEIDLE
 ---documentbreak---  5 . 9 . 74                           Official Journal of the European Communities                              No L 243 /7
                                                      AGREEMENT
              between the European Economic Community and the World Food Programme on the
                                 supply of cereals as food aid to developing countries
              THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
              of the one part,
              THE WORLD FOOD PROGRAMME, a Programme undertaken jointly by the United Nations
              and the Food and Agriculture Organization of the United Nations,
              of the other part,
              WHEREAS the aim of the World Food Programme is to make use of contributions received under
              the Programme to meet emergency food requirements and carry out projects involving the use
              of foodstuffs for economic and social development ;
              WHEREAS the European Economic Community hied a declaration of provisional application
              of the 1971 Food Aid Convention ; whereas that Convention has been applicable since 1 July 1971 ;
              HAVE DECIDED to conclude this Agreement and have appointed as their representatives for
              this purpose :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE WORLD FOOD PROGRAMME :
              WHO HAVE AGREED AS FOLLOWS :
                         Article 1                                                      Article III
Under its Food Aid Programme (cereals), the                     1 . For each delivery, the Community, taking into
European Economic Community (hereinafter called                 account the information received from the WFP,
'the Community') shall supply to the World Food                 shall notify the latter in good time of the port or
Programme (hereinafter called 'the WFP') by way                 ports of shipment and the dates of availability at
of gift for the benefit of developing countries the             the said port or ports.
equivalent of 15 000 metric tons of unprocessed
cereals, of which 10 000 metric tons shall be under             2. Only seaports accessible to ocean-going vessels
the 1971 /72 programme and 5 000 metric tons under              and utilized for international freight may be named
the 1972/73 programme.                                          as ports of shipment.
                         Article II                                                     Article 7V
The WFP undertakes to use the cereals supplied as               The 15 000 metric tons of unprocessed cereals shall
aid for emergency or for economic and social                    be supplied in the natural state or in the form of
development and food projects which shall be                    products of the first processing stage, as requested
subject to prior approval by the Community.                     by the WFP and agreed by the Community. Deliv­
 ---pagebreak--- No L 243 / 8                            Official Journal of the European Communities                                5 . 9 . 74
eries shall be made in bulk or packed in new jute or                     of arrival of the vessels at the ports of
cotton sacks with a gross content of 50 kg net, in                       destination, quantities and qualities of products
 accordance with the requirements of the projects.                       discharged, and the dates on which discharge
                                                                         was completed ;
                          Article V
                                                                     (b) with regard to the use made of products : periodic
 1 . The Community shall arrange for delivery fob                        information on the progress of projects for which
port of shipment. The responsibilities of the Com­                       Community assistance has been provided, on the
munity and the WFP with regard respectively to                           use made of the products, on the quantity
delivery fob and to taking delivery are laid down in                     distributed and on the number of beneficiaries,
the Annex which forms an integral part of this                           together with details of the methods used for
Agreement.
                                                                         distributing the products, and in particular of
                                                                         the measures taken to prevent the products from
                                                                         being drawn into commercial channels.
2. The WFP shall take delivery of the goods
delivered and be responsible, in accordance with its
general rules, for their transport, insurance and                                            Article VII
distribution in the country of destination.
3 . For the expenses referred to in paragraph 2, the                In the event of fresh circumstances arising, the WFP
Community shall make to the WFP a contribution of                   and the Community shall together decide on any
16 units of account per metric ton of unprocessed                   amendments to be made to this Agreement.
cereals or for the equivalent amount of products of
the first processing stage. The Community under­
takes to pay this contribution within 30 days                                               Article VIII
following each acceptance of delivery of goods by
the WFP.
                                                                    This Agreement shall enter into force 30 days after
                                                                    the date of signature.
                          Article VI
The WFP undertakes to inform the Community of                                                Article IX
the conditions under which this Agreement is
implemented. To this end it shall make available to
the Commission of the European Communities :                        This Agreement is drawn up in two copies in the
                                                                    Danish, Dutch, English, French, German, Italian and
( a) with regard to transport : within a reasonable                 Spanish languages, each of these texts being
     period after discharge, reports indicating the dates           authentic.
                                                            ANNEX
                               PROVIDED FOR IN ARTICLE 5 ( 1 ) OF THE AGREEMENT
                                                     Procedure for delivery
              — on the basis of information received from the WFP concerning transport, the Community
                  shall notify the WFP, for each delivery, of the supplier or suppliers and shall indicate a period
                  of 15 days within which the WFP may fix the date of delivery ;
              — not less than 15 days before the date laid down for each delivery , the WFP shall notify the
                  Community of the estimated date of arrival of the vessel in port ;
              — the WFP shall also notify the supplier or suppliers , not less than five days in advance, of the
                 exact date of arrival of the vessel in the designated port of shipment ;
              — the goods shall be delivered by the Community to the place of shipment and on the date of
                  availability indicated pursuant to Article 3 of the Agreement ;
 ---pagebreak--- 5 . 9 . 74                         Official Journal of the European Communities                             No L 243/9
           — delivery shall be deemed to have been effected once the goods effectively pass the ship's rail
               at the port of shipment, all costs of stowage being borne by the WFP ;
           — at the moment of delivery, risks shall pass from the Community to the WFP, all costs prior to
               delivery being borne by the Community and all costs after delivery being borne by the WFP ;
           — should the Community fail to deliver the goods at the place and date indicated, where the
               WFP has made it possible, any consequences resulting from this shall be borne by the Com­
               munity ;
           — should the WFP fail to take delivery of the goods at the place and date indicated, where the
               Community has made it possible, any consequences resulting therefrom shall be borne by
              the WFP ;
           — the Community and the WFP reserve the right to nominate one or more agents to implement
              the Agreement. To deal with any eventualities, the WFP shall nominate a representative in
              each port of shipment.
           Information on the signing of the Agreement on the supply of food aid between the
                  European Economic Community and the World Food Programme (WFP)
           The Agreement between the European Economic Community and the WFP on the
           supply of cereals as food aid to developing countries, which the Council decided to
           conclude on 27 June 1974, was signed in Brussels on 3 July 1974 on behalf of the
           Council of the European Communities by :
           Mr Louis Rabot, Director-General for Agriculture, Commission of the European
           Communities, and on behalf of the WFP by:
           Mr F. M. Ustiin, Director of the Resources Management Division of that body.
 ---documentbreak--- NA ---documentbreak--- 5 . 9 . 74                         Official Journal of the European Communities                             No L 243/9
           — delivery shall be deemed to have been effected once the goods effectively pass the ship's rail
               at the port of shipment, all costs of stowage being borne by the WFP ;
           — at the moment of delivery, risks shall pass from the Community to the WFP, all costs prior to
               delivery being borne by the Community and all costs after delivery being borne by the WFP ;
           — should the Community fail to deliver the goods at the place and date indicated, where the
               WFP has made it possible, any consequences resulting from this shall be borne by the Com­
               munity ;
           — should the WFP fail to take delivery of the goods at the place and date indicated, where the
               Community has made it possible, any consequences resulting therefrom shall be borne by
              the WFP ;
           — the Community and the WFP reserve the right to nominate one or more agents to implement
              the Agreement. To deal with any eventualities, the WFP shall nominate a representative in
              each port of shipment.
           Information on the signing of the Agreement on the supply of food aid between the
                  European Economic Community and the World Food Programme (WFP)
           The Agreement between the European Economic Community and the WFP on the
           supply of cereals as food aid to developing countries, which the Council decided to
           conclude on 27 June 1974, was signed in Brussels on 3 July 1974 on behalf of the
           Council of the European Communities by :
           Mr Louis Rabot, Director-General for Agriculture, Commission of the European
           Communities, and on behalf of the WFP by:
           Mr F. M. Ustiin, Director of the Resources Management Division of that body.