CELEX: 
Language: en
Date: 1973-06-02 00:00:00
Title: Council Decision of 5 March 1973 concluding an Agreement between the European Economic 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

2 . 6 . 73                         Official Journal of the European Communities                           No L 145 / 17
                                                            II
                                     (Acts whose publication is not obligatory)
                                                  COUNCIL
                                               COUNCIL DECISION
                                                  of 5 March 1973
               concluding an Agreement between the European Economic Community and the World
                    Food Programme on the supply of cereals as food aid to developing countries
                                                    (73 / 113/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                      HAS DECIDED AS FOLLOWS :
                                                                                      Article 1
Having regard to the Treaty establishing the
European Economic Community, and in particular
Articles 113 , 114 and 228 thereof;                            The Agreement between the European Economic
                                                               Community and the World Food Programme on the
                                                               supply of cereals as food aid to developing countries,
Having regard to the recommendation from the                   the text of which is annexed, is hereby concluded on
Commission ;                                                   behalf of the European Economic Community.
Whereas the European Economic Community has                                           Article 2
filed a declaration of provisional application of the
1971 Food Aid Convention ; whereas that Convention             The President of the       Council   is  authorized to
takes effect from 1 July 1971 ;                                designate the persons empowered to sign the
                                                               Agreement and to confer upon them the powers
Whereas the World Food Programme has given                     required in order to bind the Community.
notice of its requirements in cereals for the purpose
of meeting emergency food requirements and of
carrying out projects for economic and social                  Done at Brussels , 5 March 1973 .
development in developing countries, and whereas
for that purpose a quantity of products equivalent                                                For the Council
to 15 000 metric tons of unprocessed cereals should be                                             The President
made available to the World Food Programme, under
the 1971 /72 Community Food Aid Programme ;                                                     R. VAN ELSLANDE
 ---documentbreak---  No L 145 / 18                         Official Journal of the European Communities                               2 . 6 . 73
                                                        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,
               on the one hand, and
               THE WORLD FOOD PROGRAMME, a Programme undertaken jointly by the United Nations
               and the Food and Agriculture Organization of the United Nations,
               on the other hand:
               WHEREAS the aim of the World Food Programme is to make use of contributions received
               under the Programme to meet with emergency food requirements and to carry out projects
               involving the use of foodstuffs for economic and social development purposes;
               WHEREAS the European Economic Community, whose Members are the Kingdom of Belgium,
               the Kingdom of Denmark, the Federal Republic of Germany, the French Republic, Ireland, the
               Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the
               United Kingdom of Great Britain and Northern Ireland, who are all members of the United
               Nations or the Food and Agriculture Organization of the United Nations, filed a declaration
               of provisional application of the 1971 Food Aid Convention ; whereas that Convention is
               applicable on 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 UPON THE FOLLOWING PROVISIONS :
                          Article I                               of 15 000 metric tons of unprocessed cereals for
                                                                  developing countries .
Under its Food Aid Programme (cereals ) for the year
1971 /72, and in accordance with the Decision taken                                      Article II
by the Council on 23 May 1972, the European
Economic Community undertakes to supply to the                    The World Food Programme undertakes to use the
World Food Programme as a free gift the equivalent                cereals supplied as aid for emergency or for economic
 ---pagebreak---  2 . 6 . 73                          Official Journal of the European Communities                            No L 145 / 19
and social development and food projects which shall            Economic Community undertakes to pay this
be subject to prior approval by the European                    contribution within thirty days following each
Economic Community.                                             acceptance of delivery of goods by the World Food
                                                                Programme.
                        Article III
                                                                                         Article VI
 1.      For each delivery, the European Economic
Community, taking into account the information                  The World Food Programme undertakes to inform
received from the World Food Programme, shall                   the European Economic Community of the
notify the latter in good time of the port or ports of          conditions under which this Agreement is
shipment and the dates of availability at the said port         implemented. To this end it shall make available to
or ports .                                                      the Commission of the European Communities :
                                                                ( a ) with regard to transport : within a reasonable
2.       Only seaports accessible to ocean-going vessels              period after unloading, reports indicating the
and utilized for international freight may be named                   dates of arrival of the vessels at the ports of
as ports of shipment.                                                 destination, quantities and qualities of products
                                                                      unloaded, and the dates on which unloading was
                                                                      completed ;
                        Article IV
                                                                (b ) with regard to the use made of products : periodic
The 15 000 metric tons of unprocessed cereals shall                   information on the progress made with projects
be supplied in the natural state or in the form of                    for which Community assistance has been
products of the first processing stage, as requested by               provided ; on the use made of the products ; on
the World Food Programme and agreed by the                            the quantity distributed and on the number of
European Economic Community. Deliveries shall be                      beneficiaries together with details of the methods
made in bulk or packed in jute or cotton sacks with a                 used for distributing the products, and in
gross content of 50 kg net, in accordance with the                    particular of the measures taken to prevent the
requirements of the projects .                                        products from being drawn into commercial
                                                                      channels .
                         Article V
                                                                                        Article VII
1 . The European Economic Community shall
arrange for delivery fob port of shipment. The                 In the event of fresh circumstances arising, the World
responsibilities     of   the     European     Economic        Food Programme and the European Economic
Community and the World Food Programme with                    Community shall together decide on any amendments
regard respectively to delivery fob and to taking              to be made to this Agreement.
delivery shall be laid down in an exchange of letters
between the Contracting Parties .                                                       Article VIII
2.       The World Food Programme shall take delivery          This Agreement shall enter into force thirty days after
of the goods delivered and be responsible, in                  the date of signature .
accordance with its general rules , for their transport,
insurance and distribution in the country of
destination .                                                                            Article IX
3 . For the expenses referred to in paragraph 2, the           This Agreement is drawn up in two copies in the
European Economic Community shall make to the                  Danish, Dutch, English, French, German , Italian and
World Food Programme a contribution of 14-28 US                Spanish languages, these texts being equally
dollars per metric ton chargeable to it. The European          authentic.
 ---pagebreak--- No L 145 /20                           Official Journal of the European Communities                                 2 . 6 . '3
                                                  EXCHANGE OF LETTERS
             I. Letter from the Representative of the World Food Programme
             With reference to the Agreement between the European Economic Community and the World
             Food Programme on the supply of cereals as food aid to developing countries, and particularly
             to Article V ( 1 ) of that Agreement, I would propose that the following procedure be applied
             for delivery fob by the European Economic Community (EEC), and acceptance of delivery by
             the World Food Programme (WFP), of 15 000 metric tons of cereals:
             — on the basis of information received from the WFP concerning transport, the EEC shall
                  notify the WFP, for each delivery, of the supplier or suppliers and shall indicate a period of
                  fifteen days within which the WFP may fix the date of delivery;
             — not less than fifteen days before the date laid down for each delivery, the WFP shall notify
                  the EEC 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 EEC to the place of shipment and on the date of
                  availability indicated pursuant to Article III of the Agreement;
             — 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 EEC to the WFP, all costs prior to
                  delivery being borne by the EEC and all costs after delivery being borne by the WFP ;
             — should the EEC fail to deliver the goods at the place and date indicated, where the WFP
                  has rendered it possible, any consequences resulting from this shall be borne by the EEC ;
             — should the WFP fail to take delivery of the goods at the place and date indicated, where
                  the EEC has rendered it possible, any consequences resulting from this shall be borne by
                  the WFP ;
              — the EEC 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.
              II. Letter from the Representative of the European Economic Community
              I acknowledge herewith receipt of your letter dated                              worded as follows :
                    'With reference to the Agreement between the European Economic Community and the
                    World Food Programme on the supply of cereals as food aid to developing countries, and
                    particularly to Article V (1) of that Agreement, I would propose that the following
                    procedure be applied for delivery fob by the European Economic Community (EEC), and
                    acceptance of delivery by the World Food Programme (WFP), of 15 000 metric tons of
                    cereals :
                    — on the basis of information received from the WFP concerning transport, the EEC shall
                        notify the WFP, for each delivery, of the supplier or suppliers and shall indicate a period
                        of fifteen days within which the WFP may fix the date of delivery;
                    — not less than fifteen days before the date laid down for each delivery, the WFP shall
                        notify the EEC of the estimated date of arrival of the vessel in port;
 ---pagebreak--- 2 . 6 . 73                          Official Journal of the European Communities                            No L 145 /21
                — 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 EEC to the place of shipment and on the date of
                   availability indicated pursuant to Article III of the Agreement;
                — 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 EEC to the WFP, all costs prior to
                   delivery being borne by the EEC and all costs after delivery being borne by the WFP ;
                — should the EEC fail to deliver the goods at the place and date indicated, where the
                   WFP has rendered it possible, any consequences resulting from this shall be borne by
                   the EEC;
                — should the WFP fail to take delivery of the goods at the place and date indicated, where
                   the EEC has rendered it possible, any consequences resulting from this shall be borne
                   by the WFP;
                — the EEC 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.'
           I would inform you that the EEC agrees to your proposals regarding the procedure for delivery
           and acceptance of delivery of the cereals.
           I request you to consider this procedure as settled between the WFP and the EEC, in imple­
           mentation of Article V ( 1 ) of the said Agreement.
 ---documentbreak--- NA ---documentbreak--- No L 145 /22                      Olficial Journal of the European Communities                 2 . 6 . 73
             Information concerning the signature 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 World Food
             Programme on the supply of cereals as food aid to developing countries, which the
             Council decided to conclude on 5 March 1973 , was signed at Brussels on 23 March
             1973 on behalf of the European Communities by:
             Mr Louis Georges Rabot, Director-General for Agriculture of the Commission of the
             European Communities, and on behalf of the WFP by :
             Mr Thomas C. M. Robinson, Assistant Executive Director of that body.