CELEX: 51973PC1567
Language: en
Date: 1973-09-24 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Republic of Upper Volta for the supply of maize as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1567
Vol. 1973/0271
 ---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
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                        ■                  COM (73 ) 1567 final
                                                           Brussels , 24 September 1973
                       RECOMMENDATION FOR A COUNCIL DECISION
                  on "the conclusion of an agreement between the
                 European Economic Community and the Republic of
                Upper Volta for the supply of maize as food aid
                   ( submitted to the Council by the Commission)
  COM(73 ) 1567 final
 ---pagebreak---                                                            VIIl/902(73 ) B-4-E
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Articles 113 1 114      228 thereof ;
Having regard to the Recommendation from the Commission ;
Whereas the European Economic Community has depostited a declaration of
provisional application of the Food Aid Convention of 1971 j whereas that
Convention has been in force since 1 July 1971 ?
Whereas "by letter of 27 November 1972 the Republic of Upper Volta submitted
a request for food aid ;
Whereas , in view of the cereal supply situation in the Republic of Upper
Volta, that country should be granted a gift of 14 900 metric tons of maize
under the Community Food Aid Programme for 197^73 ;
HAS DECIDED THAT :
                                  Article 1
On behalf of the European Economic Community an Agreement , the text whereof
is annexed hereto , shall be concluded between the European Eoonomic
Community and the Republic of Upper Volta for the supply of maize as food
aid .
                                  Article 2
The President of the Council is hereby authorized to designate those who are
to sign the Agreement , and to confer on them the requisite powers to bind
the Community .
Done at Brussels ,                   19-                  For the Council
                                                            The President
 ---pagebreak---                                           mi/902 ( 73 ) B-4~E
                 AGRiiEMELTT
BSTWSELT THE EUROPEAN ECONOMIC CGMTIUHITY MD
        THE REPUBLIC OF UPPER VOLTA
         FOR THE SUPPLY OP MAIZE AS
                  POOD AID
 ---pagebreak---                                     -2 -                VIIl/902(73 ) B-4-E
THE COUNCIL OP THE EUROPEAN COMMUNITIES .
                                                      of the one part ,
THE GOVERNMENT OP THE RERJBLIC OP UPPER VOLTA ,
                                                      of the other part ,
HAVE DECIDED to conoludethis Agreement and to this end have designated as
their plenipotentiaries !
THE COUNCIL OP THE EUROPEAN COMMUNITIES :                        '
THE GOVEKNMEtTT OP THE REPUBLIC OP UPPER VOLTA :
MO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                           - 3 -                    VIIl/902(73)B~4-E
                                  Article I
The European Economic Community shall supply 14 900 metric tons of maize as
a gift to the Republic of Upper Volta, hereinafter referred to as the
"country of destination", as part of its Pood Aid Programme ( Cereals ) for
1972/73 .
                                  Article II
Deliveries shall he made to a place of destination to "be determined "by
agreement "between the country of destination and the European Economic
Community .
                                 Article III
                                                  MI mu « hmji 1*1
The obligations and responsibilities of the European iiiconomic Community and
of the country of destination relating to delivery and the taking of delivery
are defined in the Annex which forms an integral part of this Agreement .
                                 Article IV
                                  WIHJ mt c MB 1 BMramw
The cpuntry of destination undertakes to make all necessary arrangements for
the transport and insurance of the goods from the place of destination .
                                 Article V
The country of destination -undertakes to use for purposes of consumption
the goods received as aid .
The country of destintion shall distribute the maize received hs aid free of
charge except for 1 000 metric tons which may be sold on the local market at
prices normally obtaining on that market for goods of comparable quality .
The proceeds of such sale , less normal marketing cost3 incurred on the local
market ( excluding inland transport costs ) shall be paid into a special
account with the Central Bank or a bank under State supervision to form a
fund for the financing of one or more development projects previously
submitted by the country of destination and approved by the European Economic
Community .
 ---pagebreak---                                      - 4 -                  VIIl/902(73 ) B-4-E
                                  Article VI
The Contracting forties undertake to implement this Agreement in such manner
as to avoid all detriment 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 to take place in the absence
of such supplies .
                                  Article VII
The country of destination shall take all such measures as are requisite to
prevent :
- the re-export of the produot received . as aid and of products obtained from
  such supplies ;
- the export , commercially or otherwise , within six months of the last
  delivery , either of the locally obtained product being of the same kind
  as that received as aid , or of any product processed therefrom .
                                  Article VIII
Hie country of destination undertakes to inform the European Economic
Community as to how this Agreement is implemented .    To this end , it shall
provide the Commission of the European Communities with the following
information :
- not more than thirty days after delivery is taken of each consignment :
  - the place and date of taking delivery; nature , quantity and quality
    of the goods of which delivery has been taken ;
- every three months until the quantities received as aid have been fully
  used :
  - the quantities distributed , the number and type of recipients and the
    places , the rate and the method of distribution ;
  - the quantities sold , the method of marketing employed and price at
    which sold ;
 ---pagebreak---                                    - 5 -                   VIII/902(73 ) B-4-E
- every year on 15 January until the exhaustion of the fund held in the
  special account :               ...
  - position, of the account (receipts and payments ) at 31 December of the
    preceding year ;
  - state of progress of the project(s ), indicating total financing
    expenses to date .
                                 Article IX
                                   »*••»■■■■ ■MI WM»»< I M
The country of destination shall take all measures necessary to enable
persons duly authorized by the European Ecnomic Community to follow on the
spot the progress of operations carried out in pursuance of this
Agreement .
                                 Article X
The Contracting Parlies shall at the request of either of them consult each
other concerning any questions touching the implementation of this
Agreement .
                                 Article XI
This Agreement is drawn up in duplicate in the Banish, Dutch , English
French , German and Italian languages , each of these texts being equally
authentic .
 ---pagebreak---                                                         VIII/902(73 ) B-4-E
                      Annex referred to m Article III of the
                                    Agreement
                                    Article 1
Delivery shall be treated as taldng place and the risks shall pass from
the European Economic Community to the country of destination at the
moment when the goods-'actually arrive at the place of destination .
The country of destination shall bear all, costs for reception of goods ,
any     transhipment costs and all other costs subsequent to delivery .
Any costs incurred as a result of delay attributable to the country of
destination in taldng delivery of the goods shall be borne by that
country .
                                  Article 2
The European Economio Community shall notify the oountry of destination
as . soon as possible of the means of transport to be used to carry the
goods to the place of destination , the means of shipment to be used
during the intermediary phases , the date of loading and the quantity and
quality of the goods as recorded on shipment from the Community.
                                  Article 3
The European Economic Community shall inform the country of destination
in good time of the expected date of arrival of the goods at the place
of destination .
The European Economic Community shall inform the country of destination ,
at least two days in advance , of the date of arrival of the goods at the
place of destination .
                                 Article 4
 On delivery of the goods , a tolerance of 5/° less than the quantity to
 be supplied under Article I of the Agreement shall be allowed
 ---pagebreak---                                  - 2 -                   VIII/902(73) B-4-E
                                Article 5
For purposes of the implementation of the provisions of this Annex the
European Economic Community shall appoint an agent , whose name and
address it shall in good time communicate to the country of destination .
The country of destination shall appoint a receiving agent in each place
of delivery whose name and address it shall communicate to the European
Economio Community before the Agreement is implemented .