CELEX: 21973A1210(01)
Language: en
Date: 1973-12-10 00:00:00
Title: Agreement between the European Economic Community and the Republic of Niger on the supply of maize as food aid

No L 23 /56                           Official Journal of the European Communities                              28 . 1 . 74
                                                       AGREEMENT
               between the European Economic Community and the Republic of Niger on the supply
                                                    of maize as food aid
               THE COUNCIL OF THE EUROPEAN COMMUNITIES,
               of the one part,
               THE GOVERNMENT OF THE REPUBLIC OF NIGER,
               of the other part,
               HAVE DECIDED to conclude this Agreement and to this end have designated as their
               plenipotentiaries :
               THE COUNCIL OF THE EUROPEAN COMMUNITIES :
                I'HE GOVERNMENT OF THE REPUBLIC OF NIGER :
               WHO HAVE AGREED AS FOLLOWS :
                          Article 1                                                       Article V
As part of its Food Aid Programme ( Cereals)
for 1972/73 , the European Economic Community
hereinafter called the 'Community' shall supply                   The country of destination      undertakes to use the
7 500 metric tons of maize as a gift to the Republic              product received as aid for     purposes of consump­
of Niger, hereinafter referred to as the 'country of              tion and for its sale on the    local market, to apply
destination '.                                                    prices normally obtaining on     that market for goods
                                                                  of comparable quality .
                          Article 11
Deliveries shall be made to a place of destination to             The proceeds from this sale, less the cost of the
be determined by agreement between the country of                 normal cost of selling the product on the local
destination and the Community.                                    market excluding the cost of local transport will be
                                                                  paid into a special account at the Central Bank of
                          Article 111                             that country or at a bank controlled by the State
                                                                  and allocated :
The obligations and responsibilities of the Commu­
nity and of the country of destination relating in
particular to delivery and the taking of delivery are             — in respect of 5 000 metric tons, for the purchase
defiined in the Annex, which forms an integral part                   of sorghum at the most favourable prices ruling
 of this Agreement.                                                   on the local market, for free distribution ;
                          Article IV
                                                                  — in respect of 2 500 metric tons, for the financing
The country of destination undertakes to make all                     of one or several development projects proposed
necessary arrangements for the transport and insur­                   by the country of destination and approved by
 ance of the goods as from the place of destination .                 the Community.
 ---pagebreak---  28 . 1 . 74                          Official Journal of the European Communities                                 No L 23 /57
                          Article VI                                    ( a) the quantities distributed, the number and
                                                                              type of recipients and the places, the rate and
The Contracting Parties undertake to implement                                the method of distribution ;
this Agreement in such a way as to avoid any preju­                     ( b ) quantities sold, how they have been sold ,
dice to the normal structure of domestic production                           selling prices ; normal selling costs on the
and international trade. To this end they shall take                          country of destination's market ;
any measures required to ensure that aid supplies
are in addition to, and do not replace, commercial
transactions which might reasonably be expected in                  3 . on the completion of the sorghum operation :
the absence of such supplies.                                           the financial results of this operation ;
                                                                    4. on 15 January every year until the special
                                                                         account has been fully used :
                         Article VII
                                                                         ( a) state of this account ( deposits and with­
The country of destination shall take all appro­                              drawals ) as at 31 December of the preceding
priate measures to prevent :                                                  year ;
— the re-export of the product received as aid and                      ( b ) progress achieved in the project or projects,
      of products resulting from such supplies ;                              with an indication of the total amount of
                                                                              financing carried out at that stage.
— the export, commercially or otherwise, within
      six imonths of the last delivery, either of the                                         Article IX
     products obtained locally and of the same
     nature as the product received as aid or of any
     products resulting from it.                                    The country of destination shall take all measures
                                                                    necessary to enable persons duly authorized by the
                                                                    Community to follow the progress of operations
                         Article VIII                               carried out in pursuance of this Agreement on the
                                                                    spot.
The country of destination undertakes to inform the
Community how this Agreement is being imple­                                                   Article X
mented. To this end it shall provide the Commis­
sion of the European Communities with the                           At the request of either of them , the Contracting
following information :                                             Parties shall consult each other on any questions
                                                                    concerning the implementation of this Agreement.
1 . not later than 30 days after delivery is taken of
    each consignment : port and date of taking                                                Article XI
    delivery ; nature, quantity and quality of the
    goods of which delivery has been taken ;                        This Agreement shall be drawn up in duplicate in
                                                                    the Danish, Dutch , English, French , German and
2. every three months until the quantities received                 Italian languages, each of these texts being equally
     as aid have been fully used :                                  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 country of
               destination at the moment at which the goods actually arrive at the place of destination .
               The country of destination shall pay all costs for 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 to the country of
               destination shall be borne by the latter.
 ---pagebreak--- No L 23 /58                        Official Journal of the European Communities                           28 . 1 . 74
                                                        Article 2
            The Community shall notify the country 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 froim the Community .
            /                                           Article 3
            The Community shall inform the country of destination of the expected date of arrival of
            the goods at the place of destination in good time before that date. It shall confirm that
            date at least two days in advance.
                                                        Article 4
            On delivery, a tolerance of 5 % less than the quantity laid down under Article I of the
            Agreement is permitted.
                                                        Article 5
            To implement this Annex, the Community shall appoint an authorized agent, whose name and
            address it shall make known in good time to the country of destination.
            The country of destination shall appoint 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 signing of the Agreement between the European Economic
                           Community and the Republic of Niger on the supply of food aid
            The Agreement between the European Economic Community and Niger on the supply
            of maize as food aid, which the Council decided to conclude on 10 December 1973 ,
            was signed in Brussels on 10 December 1973 , on behalf of the Council of the
            European Communities by :
            Mr Niels Ersboll, Ambassador Extraordinary and Plenipotentiary, Chairman of the
            Permanent Representatives Committee, and
            Mr Hans-Broder Krohn , Director-General for Development and Cooperation , of the
            Commission of the European Communities and on behalf of the Government of Nigeria
            by :
            Mr Jean Poisson , Ambassador, Representative of the Government of Nigeria to the
            European Communities .