CELEX: 51975PC0248
Language: en
Date: 1975-06-04 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of the Agreement amending the Agreement of 18 December 1974 between the European Economic Community and the Republic of Chad (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 248
Vol. 1975/0089
 ---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
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(75 ) 248 final
                                                     Brussels , 4 June 1975
                          RECOMMENDATION FOR A
                            COUNCIL DECISION
    on the conclusion of the Agreement amending the Agreement of
                      18 December 1974 between the
        European Economic Community and. the Republic of Chad
             ( submitted to the Council by the Commission)
COMC75 ) 248 final
 ---pagebreak---           Commission communication to the Council
Under the 1973/ 74 food, aid programme for the Sahel countries ,
                                                                    4
the Community had decided to grant 10 000 metric tons of cereals
to the Republic of Chad .
These products were to be distributed free of charge , and the
transportation costs to the distribution centres were payable
by the Community .
Because of congestion at the ports of unloading and of other
shipments in progress^, delivery of these amounts was delayed
at the request of the Chad authorities , and was made in several
instalments between October 1974 and January 1975 * These cereals
were distributed in the deficit areas with the exception of
                   2
5 500 metric tons    which are currently held in stock at
N'Djamena pending transportation to these areas . It should be
noted in this connection that these areas were better supplied
this year because of a larger millet and sorghum crop , of which
approximately 10 000 metric tons were bought in the South and
transported to the North as part of an operation organized with
the assistance of the WFP.
There are increased difficulties , on the other hand , in supplying
the areas with imported cereals , particularly wheat , because of
chronic transport difficulties between Nigeria or Cameroon and
Chad. As a result , although orders were pl'aced with foreign
suppliers several months ago , stocks of flour will soon be exhausted
  In particular 6 000 metric tons from the EEC under the 1972/73
  programme .
2
  Including 3 600 metric tons of wheat , 570 metric tons of maize
  and 1 250 metric tons of sorghum.
 ---pagebreak---                     m â m
  For these reasons the Chad authorities have requested authorization
  from the Community to sell the 3 600 metric tons of wheat from the
  EEC at present held in stock in N'Djamena, instead of distributing
  them free of charge as provided for in the supply agreement , in
  order to guarantee normal supplies of flour on the Chad market . It
  should he pointed out that General Malloum , President of the
  Conseil Superieur Militaire , personally approached the Commission 's
  Delegate in Chad to stress the importance which he attached to this
                                                            I
  request xn view of the circumstances described above .
  The Chad authorities proposed the following arrangements for this
  operation :
                                                                     I
  The wheat will be sold at the official prices ruling in Chad ,
  i.e. CFAF 50/Kg. The proceeds are expected to amount to CPAP
  150 million (approximately 530 000 u. a. ), which will be held in
, a special blocked account and used for a development project , the
  details of which will be forwarded to the Community in the very
  near future .
  In view of the particularly difficult situation with which the Chad
  authorities are faoed , and as it is understood that food supplies
  from other sources are guaranteed for those sections of the
  population affected by the crisis , the Commission oonsiders that
  the Community should grant this request .
                                              . I
                                              !
  This operation would have the added advantage that the Community 's
  responsibility would not extend beyond N'Djamena , thus avoiding
  additional storage and transport costs in the country.
                                               ;
  Accordingly , the Commission proposes that the Council :
  - authorize the sale of   3 600 metric tons of wheat from the
    10 000 metric tons of   cereals delivered to the Republic of
                                                               l
    Chad under the 1973/74 food aid programme (cereals );
  - amend to this effect , by an exchange of letters^" , the supply
  agreement signed with that country ;
  - authorize the advance implementation of this operation.
   The draft of which is annexed.
 ---pagebreak---                           Reccaoendatien fer a
                           OÔUNeïL DBSïSIQN
  on the conclusion of the Agreement amending the Agreement of 18 December
  1974 between the European Economic Community and the Republic of Chad .
 THE COUNCIL OP 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 concluded the second Pood Aid
 Convention ( l );                              '
Whereas an Agreement ( 2 ) between the European Economic Community and the
 Republic of Chad on the supply of 10 000 metric tons of cereals for free .
distribution to needy sections of population was signed on 18 December 1974 ?
Whereas the Republic of Chad has requested that , in view of the difficulties
in the supply situation of wheat flour in Chad, the 3 600 metric tons of wheat
supplied as part of this gift may be sold ;
Whereas in order to grant this request certain Articles of the Agreement of
 18 December 1974 must be amended ,
HAS DECIDED AS FOLLOWS s
                                      Article 1
The Agreement in the form of an exchange of letters between the European
Economic Community and the Republic of Chad , the text of which is annexed
to this Decision , is hereby concluded on behalf of the Community.
                                      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 required
to bind the Community.
Done at Brussels ,                                  Por the Council
                                                    The Président
  i  OJ No . L 219 , 9.8.1974 , p. 24
     OJ No . L 62 , 7.3.1975 , p. 28
 ---pagebreak---                               ÂÔRSEMMT
                          /
 in form of an exchange of letters between the European Economic Community
 and the Republic of Chad modifying certain articles in the Agreement reached.
                  A. Letter from the European Economic Community
 Sir,
With reference to the Agreement of 18 December 1974 between the European
Economic Community and the Republic of Chad on the supply of 10 000 metric
tons of cereals for free distribution to needy sections of population and
the request by the Republic of Chad that in view of the difficulties in the
supply situation of wheat flour in Chad on the local market the European
Economic Community authorize the sale of 3 600 metric tons of wheat included
in this gift , I have the honour to propose to you the following amendments to
the abovementioned Agreement :
1 . The followirg shall be substituted for Article V :
    The country of destination undertakes to use the products received as aid for
    purposes of consumption and to distribute thera free to people in need , with
    the exception of 3 600 metric tons of soft wheat which may be sold on the
    market of the recipient country at prices comparable with those normally
    charged for products of similar quality.
    The proceeds from this sale , less the cost of sea' transport , insurance
                                                         I                       \
    and the normal cost of selling the product on the recipient country 's
    market , will be paid into a special account and allocated to the financing
    of one or more development schemes which have already been proposed by the
    recipient country and approved by the European Economic Community.
2 . The following shall be substituted for Article VIII :
    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 :
    l ) Every three months until the quantities received as aid have been
        fully used :  «
        a) number and description of recipients , the quantities distributed,
            and where and how they were distributed.                           '
        b ) Quantities sold , how they have been sold, selling prices ; normal
            selling costs on the recipient country 's market :
 ---pagebreak---                                  - 2 -
                                                        I
   2 ) On 15 January every year until the special account has been fully
        used :
        a) Stat$ of this account ( inoomings and outgoings ) on 31 December
            of the preceding year ;
        b ) Progress achieved in the project or projects , with an indication
            of the total amount of financing undertaken at that stage .
I shall be obliged if you will inform me whether your Government can agree to the
above .
Please accept . Sir, the assurance of my highest consideration .
                                                For the Council
                      •                                i.
                                         of the European Commuait ies
 ---pagebreak---                                   -   -
                   B. Letter from the Republic of Chad .
 Sir ,
 I have the honour to acknowledge of your letter of            reading as
 follows :
 With reference to the Agreement of 18 December 1974 between the European
 Economi'c Community and the Republic of Chad on the supply of 10 000 metric
tons I of cereals for free distribution to needy sections of population,* and
the request by the Republic of Chad that in view of the difficulties in the
supply situation of wheat flour in Chad on the local market the European
Economic Community authorize the sale of 3 600 metric tons of wheat included
in -this gift , I have the honour to propose to you the following amendments to
the abovementioned Agreement :
                    if
1. The followii^ shall be substituted for Article V :
    The country of destination undertakes to use the products received as aid for
    purposes of consumption and to distribute them free to people in need , with
    the exception of 3 600 metric tons of soft wheat which may be sold on the
    market of the recipient country at prices comparable with those normally
    charged for products of similar quality.
    The proceeds from this sale,' less the cost of sea transport , insurance
    and the normal cost of selling the product on the recipient country 's
    market , will be paid into a special account and allocated to the financing
    of one or more development schemes which have already been proposed by the
    recipient country and approved by the European Economic Community.
2 . The following shall be ^substituted for Artiole VIII :
    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 :
    l ) Every three months until the quantities received as aid have been
        fully used :
        a) number and description of recipients , the quantities distributed ,
            and where and how they were distributed .
        b ) quantities eold, how they have been sold, selling prices ) normal
                                                         .  .                f -, ■■
            selling costs on the recipient country 's market ;
 ---pagebreak---                                  - 4 -
     2 ) On 15 January every year until the special account has been fully
          uséd :
          a) State of this account ( incomings and outgoings ) on 31 December
              of the preceding year ?                                      ,
          b ) Progress achieved in the project or projects , with an indication
              of the total amount of financing undertaken at that stage .
  I shall be obliged if you will inform me whether your Government can agree to th<
  above .
I have the honour to inform you that the Government of the Republic of
Chad agrees to the amendments proposed in your letter .
Please accept . Sir , the assurance of my highest consideration .
                                         For the Government
                                      of the Republic  of   Chad