CELEX: 51973PC0592
Language: en
Date: 1973-04-16 00:00:00
Title: RECOMMENDATION for a COUNCIL DECISION concluding an agreement between the European Economic Community and the Republic of Upper-Volta on the supply of food aid in the form of maize (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 592
Vol. 1973/0119
 ---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
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 ---pagebreak--- COMmSSIQN OF THE EUROPEAN COMMUNITIES
                                               COM(73)592 final
                                               Brussels , 16 April 1973
                                 RECOMMENDATION
                                      for a
                                COUNCIL DECISION
                  concluding an agreement "between the European
                  Economic Community and the Republic of Upper-
                  Volta on the supply of food aid in the form
                  of maize
                  ( submitted to the Council by the Commission)
  COM(73) 592 final
 ---pagebreak--- 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 3
Having regard to the Recommendation from the Commission 5
Whereas the European Economic Community has deposited a declaration of - pro­
visional application of the Pood Aid Convention of 1971 1 s-nd whereas that
Convention has "been effective since 1 July 1971 ?
Whereas by letter of X December *97 ?" the Republic of Upper-Volta submitted a
request for emergency food aid 3
Whereas the adverse climatic conditions experienced by the Republic of Upper-Volt
have appreciably reduced its grain supplies 3 and whereas that country should
therefore be granted a gift of 2 500 metric tons of maize under the Community
Pood Aid Programme for 1971/72 3
H"S PTDCIDED THAT :
                                     Article 1
On behalf of the European Economic Community an Agreement is hereby concluded
between the European Economic Community and the Republic of Upper-Volta on the
supply of food aid in the form of maize , the text of which agreement is annexed
to this Decision .
 ---pagebreak---                                   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 necessary
to commit the Community .
Done at Brussels ,           19 ....
                                                        For the Council
                                                         The President
 ---pagebreak---                   AGREEME33T
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AM)
        THE REPUBLIC OP UPPER-VOLTA
         OH TEE SUPPLY OP POOD AID
           Iff THE FORM OP MAIZE
 ---pagebreak---   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                                                      on the one part ,
  THE GOVERNMENT OP THE REPUBLIC OF UPPER-VOLTA ,
                                                      on the other part ,
  HAVE DECIDED to conclude this agreement and to this end have designated
  their plenipotentiaries *
  THE COUNCIL OP THE EUROPEAN COMMUNITIES :
  THE GOVERNMENT OP THE REPUBLIC OP- UPPER-VOLTA :
' WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                   Article I
As a part of its Pood Aid Programme (Cereals ) for 1971/72 J the European Economic
Community shall supply 2 500- metric tons of maize as a gift to the Republic of
Upper-Volta , hereinafter referred to as the "recipient country ".
                                  Article II
Deliveries will be made free-at-frontier in new jute sacks of a net weight of
50 kg each .
                                  Article III
The obligations and responsibilities of the European Economic Community and of
the recipient country relating to delivery and the taking of delivery are defined
in the Annex which forms an integral part of this Agreement .
                                  Article IV
The recipient country undertakes to make all necessary arrangements for the
transport and insurance of the product from ports of unloading to places of
destination .
                                  Article V
The recipient country undertakes to use the products received as aid for purposes
of consumption and to distribute such products to people in need free of charge .
                                  Article VI
The European Economic Community shall grant the recipient country funds to cover
the costs incurred by that country for the transport of the delivered products
from the places of taking over to places of destination .
 ---pagebreak--- These funds shall amount to 10 units of account per metric ton of delivered
product .
The Community underts-kes to pay this as soon as possible after receipt "by the
Commission of the information required in the first indent of Article IX .
                                    Article VII
The Contracting Parties undertake to implement this Agreement in such a way as
to avoid any prejudice 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 in the absence of such supplies .
                                    Article VIII
The recipient country shall take any measures required to prevent :
 ( l ) The re-export of the product received as aid and of products and by-products
       resulting from such supplies j
( ii ) The export , commercially or otherwise , within six months of the last delivery ,
       either of the pr'duct obtained locally and of the same nature as the product
       received as aid or of any products or by-products resulting from it .
                                    Article IX
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 :
 ---pagebreak---                                       - 4 -
( i ) Not more than thirty days after the talcing over of each cargo t place and
       dates of taking over ; nature , quantity and quality of the overtaken products 5
( ii ) Every three months until the quantities received as aid have teen fully
       used : a situation report giving , in particular , the nuriber and nature of
       the recipients , the quantities distributed , and the place and method of
       distribution .
                                    Article X
At the request of either of them , the Contracting Parties shall consult each
other on any questions concerning the implementation of this Agreement .
                                    Article XI
This Agreement is drawn up in duplicate in the Danish , Dutch , English , French ,
German and Italian languages , each of these texts "being equally authentic .
 ---pagebreak---                 AHNEX REFERRED TO TIT ARTICLE III OP THE AGREEMENT
                                   Article 1
Delivery shall be effected and risks shall pass from the European Economic
Community to the recipient country at the moment at which the goods actually
cross the frontier of the recipient country .
The recipient country shall pay all costs of taking delivery of the goods ,
any transshipment costs and all costs subsequent to delivery .
Any costs resulting from delays in talcing delivery which are attributable
to the recipient country shall be borne by the latter .
                                   Article 2
The European Economic Community shall notify the recipient country , as  soon
as possible after the goods have left the port of loading , of the date  of
loading , the quantity and quality of the goods as recorded at loading , the
port of unloading and the means of land transport used to transfer the goods
to the place of delivery .
                                   Article 3
The European Economic Community shall inform the recipient country of the
estimated date of arrival of the goods at the place of delivery at least ten
clear days before that date .
 ---pagebreak---                                    - 2 -
The European Economic Community shall be obliged to inform the recipient
country at least two days beforehand of the probable date of arrival of the
goods at the place of delivery .
                                 Article 4
On delivery a tolerance of 5 % less than the quantity of maize to be supplied
under Article I of the Agreement is permitted .
                                 Article 5
To implement the provisions of this Annex , the European Economic Community
shall appoint an authorized agent , whose name and address shall be made known
in good time to the recipient country .
The recipient country shall appoint a receiving agent at each place of delivery
                                                                        delive ,
whose name and address shall be made known to the European Economic Community
before the Agreement is implemented .