CELEX: 51973PC0594
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 Niger 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) 594
Vol. 1973/0120
 ---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
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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,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(73) 594 final
                                              Brussels , 16 April 1973
                                RECOMMENDATION
                                     for a
                               COUNCIL DECISION
                 concluding an agreement between the European
                 Economic Community and the Republic of Niger
                on the supply of food aid in the form of maize
                 ( submitted to the Council by the Commission)
   COM(73) 594 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 |
Having regard to the Recommendation from the Commission !
Whereas the European Economic Community has deposited a declaration of
provisional application of the Pood Aid Convention of 1971 ? and whereas that
Convention has been effective since 1 July 1971 j
Whereas by letter of 20 November 1972 the Republic of Niger submitted a request
for emergency food aidj
Whereas the adverse climatic conditions experienced by the Republic of Niger
have appreciably reduced its grain supplies ; and whereas that country should
therefore be granted a gift of 7 000 metric tons of maize under the Community
Pood Aid Programme for 1971/72 j
HAS DECIDED THAT :
                                   Article 1
On behalf of the European Economic Community an Agreement is hereby concluded
between the European Economic Community and the Republic of Niger 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 *»..
                                                       Por the Council
                                                        The President
 ---pagebreak---                  AGREEïiENT
BETWEEF THE EUROPEAN ECONOMIC COMMUNITY AM)
           THE REPUBLIC OP NIGER
         OF THE SUPPLY OP POOD AID
            IF THE FORM OP MAIZE
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                                     on the one part ,
THE GOVERNMENT OF THE REPUBLIC OP NIGER ,
                                                     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 GOVERMEHT OP THE REPUBLIC OF NIGER :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                   Article I
Aa a part of its Pood Aid Programme (Cereals ) for 1971/72 , the European
Economic Community shall supply 7 000 metric tons of maize as a gift to the
Republic of Niger , 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 .
                                  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 the places of taking over 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---                                        -3 -
 These funds shall amount to 10 units of account per metric ton of delivered
 product .
 The Community undertakes 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 inter­
national 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
                                                         1                                 ;
The recipient country shall take any measures required to prevent :
 (i ) The re-export of the product received as aid and of products and by-products
       resulting from such supplies !
                                                                           /
 (ii ) The export , commercially or otherwise , within six months of the last delivery
       either of the product 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--- (i ) Not more than thirty days after the taking over of each cargo : places
       and dates of talcing overj nature , quantity and quality of the overtaken
       products 5
( ii ) Every three months until the quantities received as aid have "been fully used
       a situation report giving , in particular , the number and nature of the reci­
       pients , 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---          ANNEX REFERRED TO ITT ARTICLE III OP THE AGREEMENT
                                  Article "r "
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 taking delivery which are attributable
to the recipient country shall to "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--- The European Economic Community shall "be obliged to inform the recipient
country at least two clays "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 covtntry .
The recipient country shall appoint a receiving agent at each place of delivery,
whose name and address shall be made known to the European Economic Community
before the Agreement is implemented .