CELEX: 
Language: en
Date: 1975-04-01 00:00:00
Title: Council Decision of 17 February 1975 on the conclusion of the Agreement between the European Economic Community and the Republic of Niger on the supply of sorghum as food aid #Agreement between the European Economic Community and the Republic of Niger on the supply of sorghum as food aid

No L 81 / 20                      Official Journal of the European Communities                        1 . 4 . 75
                                              COUNCIL DECISION
                                               of 17 February 1975
             on the conclusion of the Agreement between the European Economic Commu­
                  nity and the Republic of Niger on the supply of sorghum as food aid
                                                    (75/ 192/ EEC)
             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 concluded the 1971 Food Aid Conven­
             tion ;
             Whereas by its letter of 14 January 1974, the Republic of Niger has requested food aid ;
             Whereas in view of the cereal supply situation in that country the latter should be
             accorded, under the Community food-aid programme for 1973/74, and by way of gift,
             10 000 metric tons of sorghum,
             HAS DECIDED AS FOLLOWS :
                                                      Article 1
             The Agreement between the European Economic Community and the Republic of Niger
             on the supply of sorghum as food aid is hereby concluded on behalf of the Community.
             The text of the Agreement is annexed to this Decision .
                                                       A rt iciv 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 bind the Community.
             Done at Brussels, 17 February 1975.
                                                                        For the Council
                                                                         The President
                                                                           R. RYAN
 ---documentbreak--- 1 . 4 . 75                            Official Journal of the European Communities                         No L 81 /21
                                                      AGREEMENT
              between the European Economic Community and the Republic of Niger on the
                                              supply of sorghum as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of tjjie one part,
              THE GOVERNMENT OF THE REPUBLIC OF NIGER,
              of the other part,
              HAVE DECIDED to conclude this Agreement, and to this end have designated as their Pleni­
              potentiaries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE GOVERNMENT OF THE REPUBLIC OF NIGER :
              WHO HAVE AGREED AS FOLLOWS :
                           Article I                                                     Article V
As a part of its food-aid programme (cereals) for                The country of destination undertakes to use the
 1973/74, the European Economic Community, here­                 product received as aid for purposes of consumption
inafter referred to as the 'Community', shall supply by          and to distribute it free of charge to people in need .
way of gift the Republic of Niger, hereinafter referred
to as the 'country of destination ', with 10 000 metric
tons of sorghum .                                                                       Article VI
                                                                 The Contracting Parties undertake to implement this
                          Article II                             Agreement in such a way as to avoid any prejudice to
                                                                 the normal structure of domestic production and inter­
Deliveries shall be made in new jute bags with a net             national trade. To this end they shall take any
weight of 50 kg each, free to a place of destination to          measures required to ensure that aid supplies are in
be determined by agreement between the country of                addition to, and do not replace business transactions
destination and the Community.                                   which might reasonably be expected in the absence of
                                                                 such supplies.
                          Article III
                                                                                       Article VII
The obligations and responsibilities of the Commu­
nity and of the country of destination relating to               The country of destination shall take all measures
delivery and receipt are defined in the Annex which              required to prevent :
forms an integral part of this Agreement .                       — the re-export of the product received as aid and
                                                                     any products or by-products derived therefrom ;
                          Article IV                             — the export, commercially or otherwise, within six
                                                                     months of the last delivery, both of produce
The country of destination undertakes to make all                    obtained locally which is of the same kind as that
 necessary arrangements for the transport and insur­                 received as aid and of any products or by-products
ance of the product from the places of destination .                 derived therefrom .
 ---pagebreak--- No L 81 /22                          Official Journal of the European Communities                                    1 . 4 . 75
                        Article VIII                            Community to make on-the-spot observations of the
                                                                operations connected with the implementation of this
The country of destination undertakes to inform the             Agreement.
Community of the manner in which the Agreement is
performed . To this end it shall communicate the                                           Article X
following information to the Commission of the Euro­
pean Communities every three months until the quan­             At the request of either of them , the Contracting
tities received as aid have been fully used up : quanti­        Parties shall consult each other on any questions
ties distributed ; number and nature of the benefici­           concerning the implementation of this Agreement.
aries ; places and method of distribution .
                                                                                           Article XI
                         Article IX
                                                                This Agreement is drawn up in duplicate in the
The country of destination shall take all measures              Danish , Dutch , English , French , German and Italian
necessary to enable persons duly authorized by the              languages, each of these texts being authentic .
                                                            ANNEX
                                     PROCEDURES FOR DELIVERY AND RECEIPT
                          Article 1                             place of destination . It shall confirm that date at least two
                                                                days in advance .
Delivery shall be effected and all risk shall pass from the
Community to the country of destination at the moment at                                    Article 4
which the goods actually arrive and are unloaded at the place
of destination .                                                On delivery, an allowance of 5 % less than the quantity laid
                                                                down under Article I of the Agreement shall be permitted .
The country of destination shall bear all costs for taking
delivery of the goods, any trans-shipment costs and all other
                                                                                             Article 5
costs subsequent to delivery.
Any costs resulting from delays in taking delivery which are    To implement this Annex the Community shall appoint an
attributable to the country of destination shall be borne by    authorized agent whose name and address it shall make
the latter.                                                      known in good time to the country of destination .
                                                                At each place of delivery the country of destination shall
                          Article 2                             appoint a receiving agent whose name and address it shall
                                                                 make known to the Community before the Agreement is
The Community shall notify to the country of destination , as    implemented .
soon as possible , the means of transport to be used to carry
the goods to the place of destination, the means of shipment                                 A rticlc 6
 to be used during the intermediary phases, the date of
 loading and the quantity and quality of the goods as           On delivery of the goods the country of destination shall
 recorded on shipment from the Community.                        hand to the authorized agent of the Community a certificate
                                                                 of receipt, which shall set out the place and date of receipt,
                          Article 3                              the nature and the quantity of the goods received , together
                                                                 with any comments on the quality of those goods . A copy of
The Community shall inform the country of destination in         the certificate shall be sent to the Commission of the Euro­
good time of the expected date of arrival of the goods at the    pean Communities .
 ---documentbreak--- NA ---documentbreak--- 1 . 4 . 75                    Official Journal of the European Communities                        No L 81 / 23
           Information on the signing of the Agreement between the European Economic
                  Community and the Republic of Niger on the supply of food aid
           The Agreement between the European Economic Community and Niger on the supply
           of sorghum as food aid, which the Council decided to conclude on 17 February 1975, was
           signed in Brussels on 20 February 1975, on behalf of the Council of the European
           Communities by :
           Mr Brendan Dillon , Ambassador Extraordinary and Plenipotentiary, Chairman of the
           Permanent Representatives Committee, and
           Mr Hans-Broder Krohn , Director-General for Development and Cooperation at the
           Commission of the European Communities,
           and on behalf of the Republic of Niger by :
           Mr Jean Poisson , Ambassador Extraordinary and Plenipotentiary, Representative of the
           Government of Niger to the European Economic Community.