CELEX: 
Language: en
Date: 1973-12-13 00:00:00
Title: Council Decision of 9 November 1973 concluding the Agreement between the European Economic Community and the Republic of Senegal on the supply of maize as food aid #Agreement between the European Economic Community and the Republic of Senegal on the supply of maize as food aid

No L 343 /40                      Official Journal of the European Communities                       13 . 12. 73
                                               COUNCIL DECISION
                                                of 9 November 1973
             concluding the Agreement between the European Economic Community and the Republic
                                  of Senegal on the supply of maize as food aid
                                                     (73/386/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 deposited a Declaration of provisional
             application of the 1971 Food Aid Convention ; whereas that Convention has been
             applicable since 1 July 1971 ;
             Whereas the Republic of Senegal, by its letter of 7 December 1972, has requested food
             aid ;
             Whereas in view of the cereal supply situation in Senegal that country should be accor­
             ded, by way of gift, 5 000 metric tons of maize under the Community Food Aid Pro­
             gramme for 1972/73 ,
             HAS DECIDED AS FOLLOWS :
                                                        Article 1
             The Agreement between the European Economic Community and the Republic of Se­
             negal on the supply of maize as food aid, the text whereof is annexed hereto, 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 necessary powers to bind the Com­
             munity.
             Done at Brussels, 9 November 1973 .
                                                                                   For the Council
                                                                                     The President
                                                                                    Per HAEKKERUP
 ---documentbreak--- 13 . 12 . 73                        Official Journal of the European Communities                         No L 343 /41
                                                    AGREEMENT
             between the European Economic Community and the Republic of Senegal on the supply
                                                 of maize as food aid
             THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
             of the one part,
             THE GOVERNMENT OF THE REPUBLIC OF SENEGAL,
             of the other part ,
             HAVE DECIDED to conclude this Agreement and to this end have designated as their
             plenipotentiaries :
             THE COUNCIL OF THE EUROPEAN COMMUNITIES :
             THE GOVERNMENT OF THE REPUBLIC OF SENEGAL :
              WHO HAVE AGREED AS FOLLOWS :
                        Article 1                                                     Article IV
As part of its Food Aid Programme (Cereals ) for               The recipient country undertakes to make all neces­
1972/73 , the European Economic Community, here­               sary arrangements for the transport and insurance ot
inafter referred to as the ' Community', shall supply          the product as from the place of destination .
the Republic of Senegal, hereinafter referred to as
the 'recipient country', with 5 000 metric tons of
 maize, by way of gift.                                                               Article V
                                                               The recipient country undertakes to use the product
                        Article II
                                                               received as aid for purposes of consumption and to
                                                               distribute the products received free of charge to
Deliveries will be made in new jute sacks at the place         those in need .
of destination, fixed by common accord between the
recipient country and the Commission of the Euro­
 pean Communities .                                                                   Article VI
                                                               The Contracting Parties undertake to implement this
                        Article III
                                                               Agreement in such a way as to avoid any prejudice
                                                               to the normal structure of domestic production and
The obligations and responsibilities of the Commu­             international trade. To this end they shall take any
nity and of the recipient country relating to delivery         measures required to ensure that aid supplies are in
and the taking of delivery in particular are defined in        addition to, and do not replace, commercial trans­
the Annex, which forms an integral part of this                actions which might reasonably be expected in the
 Agreement.                                                     absence of such supplies .
 ---pagebreak--- No L 343 /42                          Official Journal of the European Communities                                13 . 12 . 73
                       Article VII                                  2 . every three months until the quantities received
                                                                        as aid have been fully used : the quantities distri­
The recipient country shall take all appropriate mea­                   buted, the number and type of recipients and the
sures to prevent :                                                      places, the rate and the method of distribution.
— the re-export of the product received as aid and
    of products resulting from such supplies ;                                              Article IX
— the export, commercially or otherwise, within                     The country of destination shall take all measures
    6 months of the last delivery, either of the product            necessary to enable persons duly authorized by the
    obtained locally and of the same nature as the                  Community to follow on the spot the progress of
    product received as aid or of any products resul­               operations carried out in pursuance of this Agree­
    ting from it.                                                   ment .
                       Article V1U                                                          Article X
The recipient country undertakes to inform the Com­                 At the request of either of them , the Contracting
munity of the mode of application of this Agreement.                Parties shall consult each other on any questions
To this end it shall provide the Commission of the                   concerning the implementation of this Agreement.
European Communities with the following infor­
mation :
                                                                                           Article XI
1 . not later than 30 days after delivery is taken of
    each cargo : place and date of taking delivery ;                This Agreement shall be drawn up in duplicate in the
    nature, quantity and qualitiy of the goods of                   Danish, Dutch, English, French, German and Italian
    which delivery has been taken ;                                 languages, each of these texts being equally authentic.
                                                            ANNEX
                                   Provisions laid down in Article III of the Agreement
                                                            Article 1
             Delivery shall be effected and all risk shall pass from the Community to the recipient country at
             the moment at which the goods actually arrive at the place of destination.
             The recipient country shall pay all costs for taking delivery of the goods, any transhipment costs
             and all costs subsequent to delivery.
             Any costs resulting from delays in taking delivery which are attributable to the recipient country
             shall be borne by the latter.
                                                            Article 2
             The Community shall notify the recipient country as soon as possible of the means of transport
             to be used to carry the goods to the place of destination, the means of shipment to be used during
             the intermediary phases, the date of loading and the quantity and quality of the goods as recorded
             on shipment from the Community.
 ---pagebreak--- 13 . 12. 73                        Official Journal of the European Communities                                  No L 343/43
                                                         Article 3
            The Community shall inform the recipient country of the expected date of arrival of the goods at
            the place of destination in good time before that date. It shall confirm that date at least two days
            in advance .
                                                         Article 4
            On delivery, a tolerance of 5 % less than the quantity laid down under Article I of the Agreement
            is permitted .
                                                         Article 5
            To implement this Annex, the Community shall appoint an authorised agent, whose name and
            address it shall make known in good time to the recipient country.
            The recipient country shall appoint a receiving agent at each place of delivery, whose name and
            address it shall make known to the Community before the Agreement is implemented .
            Information concerning the signing of the Agreement between the European Economic
                      Community and the Republic of Senegal on the supply of food aid
            The Agreement between the European Economic Community and Republic of Senegal
            on the supply of maize as food aid, which the Council decided to conclude on 9 Novem­
            ber 1973 , was signed in Brussels on 12 November 1973
            on behalf of the Council of the European Communities, by Mr Niels Ersball, Ambassa­
            dor Extraordinary and Plenipotentiary, Chairman of the Permanent Representatives
            Committee and by Mr Hans-Broder Krohn, Director-General for Development and
            Cooperation of the Commission of the European Communities ;
             on behalf of the Government of the Republic of Senegal, by Mr Seydina Oumar Sy,
            Ambassador, Representative of that country to the European Economic Community.
 ---documentbreak--- NA ---documentbreak--- 13 . 12. 73                        Official Journal of the European Communities                                  No L 343/43
                                                         Article 3
            The Community shall inform the recipient country of the expected date of arrival of the goods at
            the place of destination in good time before that date. It shall confirm that date at least two days
            in advance .
                                                         Article 4
            On delivery, a tolerance of 5 % less than the quantity laid down under Article I of the Agreement
            is permitted .
                                                         Article 5
            To implement this Annex, the Community shall appoint an authorised agent, whose name and
            address it shall make known in good time to the recipient country.
            The recipient country shall appoint a receiving agent at each place of delivery, whose name and
            address it shall make known to the Community before the Agreement is implemented .
            Information concerning the signing of the Agreement between the European Economic
                      Community and the Republic of Senegal on the supply of food aid
            The Agreement between the European Economic Community and Republic of Senegal
            on the supply of maize as food aid, which the Council decided to conclude on 9 Novem­
            ber 1973 , was signed in Brussels on 12 November 1973
            on behalf of the Council of the European Communities, by Mr Niels Ersball, Ambassa­
            dor Extraordinary and Plenipotentiary, Chairman of the Permanent Representatives
            Committee and by Mr Hans-Broder Krohn, Director-General for Development and
            Cooperation of the Commission of the European Communities ;
             on behalf of the Government of the Republic of Senegal, by Mr Seydina Oumar Sy,
            Ambassador, Representative of that country to the European Economic Community.