CELEX: 51973PC0066
Language: en
Date: 1973-01-26 00:00:00
Title: Recommendation for a DECISION OF THE COUNCIL concluding an Agreement between the European Economic Community and the World Food Programme on the supply of cereals as food aid to developing countries (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 66
Vol. 1973/0007
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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 ---pagebreak---  COMMISSION              OP     THE    EUROPEAN          COMMUNITIES
                                                         COM(73)66 final
                                                         Brussels , 26 January 1973
                            Recommendation for a
             ,             DECISION OF THE COUNCIL
              concluding an Agreement between the European
             Economic Community and the World Food Programme
             on the supply of cereals as food aid to developing
                                  countries
                  ( submitted to the Council Toy the Commission )
COM(73 ) 66 final
 ---pagebreak---                        EXPLANATORY MEMORANDUM
 1.  The Council , "by written procedure which expired on 23 May 1972 , drew up
    the 1971-72 outline plan for implementing commitments entered into "by
    the Community and the Member States under the 1971 Pood Aid Convention.
    In accordance with that Decision, the Commission negociated the agree­
    ment with the WFP for the supply of 15 000 metric tons of cereals to
    developing countries (Recommendation for a Council Decision and Agree­
    ment annexed hereto ).
2.  As regards the procedure to "be followed for Community approval of the
    programme which is to "be submitted to the Community "by the WPP in
    accordance with Article II of the Draft Agreement , the Commission
    points out that in order to implement the preceding Agreement with the
    WFP for the supply of 9 000 metric tons of cereals the Council , at its
    meeting on 25/26 September 1972 appointed the text to be recorded in its
    minutes of the declaration contained in the Annex to document r/758/72
    ( COMER 125 )* That declaration provides for a special accelerated
    procedure .                                                  ' '
                                                                        *
CONCLUSION
The Commission recommends that the Council adopt the Decision annexed hereto
concluding an agreement with the WPP for the supply of 15 000 metric tons of
cereals .
 ---pagebreak---            RECOMMENDATION" FOR A DECISION OP THE COUNCIL
     concluding an Agreement "between the European Economic Community
     and the World Pood Programme on the supply of cereals as food
     aid to developing countries
THE COUNCIL OF 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 1971 Pood Aid Convention ; whereas that
Convention takes effect from 1 July 1971 »
Whereas the World Pood Programme has given notice of its requirements in
cereals for the purpose of meeting emergency food requirements and of
carrying out projects for economic and social development in developing
countries, and whereas for that purpose a quantity of products equivalent
to 15 000 metric tons of unprocessed cereals should "be made available to
the World Pood Programme, under the 1 971/72 Community food aid programme
HAS DECIDED AS FOLLOWS :
 ---pagebreak---                            Article 1
The Agreement "between the European Economic Community and the World i< ood
Programme on the supply of cereals as food aid to developing countries ,
the text of which is annexed, is hereby concluded on "behalf of the European
Economic Community .
                           Article 2
The President of the Council is authorized to designate the persons
empowered to sign the Agreement and to confer upon them the powers
required in order to "bind the Community .
Done at                       19–                     By the Council
                                                      The President
 ---pagebreak--- >
                   AGRF.EMENT
 BETWEEN . THE EUROPEAN ECONOMIC COMMUNITY
       AND THE WORLD POOD PROGRAMME
           ON THE SUPPLY OF CEREALS
    AS FOOD AID TO DEVELOPING COUNTRIES
 ---pagebreak---  THE COUNCIL OP THE EUROPEAN COMMUNITIES,
                                            on the one hand, and
 THE WORLD POOD PROGRAMME , a Programme undertaken jointly "by the
United Nations and the Pood and Agriculture Organization of the
United Nations ,
                                            on the other hand,
Whereas the aim of the World Pood 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 ,
deposited a declaration of provisional application of the 1971 Pood Aid
Convention ;  whereas that Convention enters into force on 1 July 1971 *
Have decided to conclude this Agreement and have appointed as their
representatives for this purpose :
 ---pagebreak--- THE BOUNGIti ©F THB BUR9PEAN eSMMUNfl^IES i
THE WORLD FOOD PROGRAMME :
WHO HAVE AGREED UPON THE FOLLOWING PROVISIONS
 ---pagebreak---                              ARTICLE I
      Under its food aid programme ( cereals ) for the year
 1971/72 , and in accordance with the decision taken by the
Council on 23 May 1972 ,    the European Economic Community
undertakes to supply to the World Food Programme as a free
gift the equivalent of 15 000 metric tons of unprocessed
cereals for developing countries .
                             ARTICLE II
      The V/orld Food Programme undertakes to use the cereals
supplied as aid for emergency or for economic and social
development and food aid projects which shall be subject to'
prior approval by the European Economic Community .
                            ARTICLE III
1.        For each delivery , the European Economic Community ,
    taking into account the information received from the V/orld
    Food Programme , shall notify the latter in good time of the
    port or ports of shipment and the dates of availability 'at
    the said port or ports .
2.        Only seaports accessible to ocean-going vessels and
    utilized for' international freight may be named as ports of
    shipment .           '
                             ARTICLE IV
      The 15 000 metric tons of unprocessed cereals shall be
supplied in the natural state or in the form of products of
the' first processing stage , as requested by the V/orld Food
Programme and agreed by the European Economic Community .
Deliveries shall be made in bulk or packed in jute or cotton -
sacks with a gross content of 50 kg net , in accordance v;ith the
requirements of the projects .
 ---pagebreak---                               ARTICLE V
1.        The European Economic Community shall arrange for
     delivery f.o.b . port of shipment . The responsibilities of
     the European Economic Community and the World Food Programme
     with regard respectively to delivery f.o.b . and to talcing
     delivery shall be laid down in an exchange of letters
     between the Contracting Parties .
2.        The World Food Programme shall take delivery of the
     goods delivered and be responsible , in accordance with its
     general rules / for their transport , insurance and distri­
     bution in the country of destination .
                                                                      A
3.        For the expenses referred to in paragraph 2 , the
     European Economic Community shall make to the World Food
     Programme a contribution of 14.28 US dollars per metric ton charge­
     able to 'it . The European Economic Community undertakes to
     pay this contribution within thirty days following each
     acceptance of delivery of goods by the World Food Programme .
             . .   ■*    '                                       *
   ^                          ARTICLE VI
       The World Food Programme undertakes to inform the
European Economic Community of the conditions under which this
Agreement is implemented . To this end it shall make available
to the Commission of the European Communities :
( a ) with regard to transport : within a reasonable period
      after unloading , reports indicating the dates of arrival
      of the vessels at the ports of destination , quantities and
      qualities of products unloaded , and the dates on which
      unloading was completed ;
 ---pagebreak---                                 ■           ■                   ■ ■' 1 .
 ( b ) with regard to the use made of products : periodic infor­
        mation on the progress made with projects for which
      . Community assistance has been provided ; on the use made of
        the products ; on the quantity distributed and on the
        number of beneficiaries together with details of the
        methods used for distributing the products , and in parti­
       cular of the measures taken to prevent the products from
        being drawn into commercial channels .
                               ARTICLE VII
         In the event of fresh circumstances arising , the World
Food Programme and the European Economic Community shall
together decide on any amendments to be made to this
Agreement .
         .  • '                ARTICLE VIII   .
         This Agreement shall enter into force thirty days after
the date of signature .
                             . ARTICLE IX
         This Agreement is drawn up m two copies in the German ,
English , Danish, Spanish, French, Italian and Dutch languages,
these texts being equally authentic .
 ---pagebreak---                        EXCHANGE OP LETTERS
 Letter from the Representative of the World Food Programme
         With reference to the Agreement between the European
JEconomic 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
f.o.b » by the European Economic Community ( EEC ) , and accep­
tance 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 ;        -      i -
          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 ;
 ---pagebreak--- 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 .
 ---pagebreak--- II . totter 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 f.o.b . 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 sup­
                 pliers , 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 availabi­
                 lity indicated pursuant to Article III of the
                 Agreement ;
 ---pagebreak---               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
          i
              from the EEC to the WPP , 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 resul­
              ting 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 conse­
              quences 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 pro­
posals 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 implementation of
Article V ( 1 ) of the said Agreement .