CELEX: 21973A1210(03)
Language: en
Date: 1973-12-10 00:00:00
Title: Agreement between the European Economic Community and the Islamic Republic of Mauritania on the supply of common wheat and maize as food aid

28 . 1 . 74                         Official Journal of the European Communities                        No L 23 /65
                                                    AGREEMENT
             between the European Economic Community and the Islamic Republic of Mauritania
                                on the supply of common wheat and maize as food aid
             THE COUNCIL OF THE EUROPEAN COMMUNITIES,
             on the one part,
             THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF MAURITANIA,
             on the other part,
             HAVE DECIDED to conclude this Agreement and to this end have designated as theit
             PLENIPOTENTIARIES :
             THE COUNCIL OF THE EUROPEAN COMMUNITIES :
             THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF MAURITANIA ;
              WHO HAVE AGREED AS FOLLOWS :
                        Article I                              ance of the delivered products from the ports of
                                                               discharge to the places of destination .
As part of its Food Aid Programme ( Cereals ) for
the year 1972/73 , the European Economic Commu­
nity, hereinafter referred to as the 'Community ',                                       Article V
shall supply as a gift to the Islamic Republic of
Mauritania, hereinafter referred to as the ' country            The country of destination undertakes to use the
of destination', 5 000 metric tons of cereals ,                products received as aid for purposes of consump­
consisting of 3 000 metric tons of common wheat                tion and to distribute such products to people in
 and 2 000 metric tons of maize .
                                                                need free of charge .
                        Article 11
Deliveries shall be made cif at ports of discharge of                                   Article VI
 the country of destination in new jute sacks of a net
 weight of 50 kilogrammes each .                               The Community shall grant the country of destina­
                                                                tion a lump sum as its share of the costs incurred
                        Article III                             by that country for the transport of the delivered
                                                                products from the ports of discharge to the places
 The obligations and responsibilities of the Commu­             of destination .
 nity and of the country of destination relating to
 delivery and the taking of delivery are defined in             This amount shall amount to 30 units of account
 the Annex which forms an integral part of this                 per metric ton of goods delivered .
 Agreement.
                        Article IV                              The Community undertakes to pay this as soon as
                                                                possible after receipt by the Commission of the
 The country of destination undertakes to make all              European Communities of the information referred
 necessary arrangements for the transport and insur­            to in the first indent of Article 9
 ---pagebreak--- No L 23 /66                          Official Journal of the European Communities                                 28 . 1 . 74
                       Article VU                                   mented. To this end, it shall provide the Commis­
                                                                    sion of the European Communities with the
The Contracting Parties undertake to implement                      following information :
this Agreement in such manner as to avoid any pre­
judice to the normal structure of domestic produc­                 — not more than 30 days after discharge of each
tion and international trade. To this end they shall                    consignment : port and date of vessel's arrival ;
take any measures required to ensure that aid                           nature, quantity and quality of the products
supplies are in addition to, and do not replace,                        discharged ; date on which discharge was com­
commercial transactions which might reasonably be                       pleted ;
expected to take place in the absence of such
supplies .                                                          — every three months until the quantities received
                                                                        as aid have been fully used : the quantities distri­
                      Article VIII
                                                                        buted, the number and type of recipient, place
                                                                        and method of distribution .
The country of destination shall take all appro­
priate measures to prevent :
                                                                                            Article X
— the re-export of the product received as aid and
    of products and by-products derived from it ;
                                                                    At the request of either of them, the Contracting
— the export, commercially or otherwise, within                     Parties shall consult each other on any questions
    six months of the last delivery, either of the                  concerning the implementation of this Agreement.
    products obtained locally, of the same nature as
    the products received as aid, or of any products
    or by-products derived from them .                                                      Article XI
                       Article IX
                                                                    This Agreement is drawn up in duplicate in the
The country of destination undertakes to inform the                 Danish, Dutch, English, French, German and Italian
Community as to how this Agreement is imple­                         languages, each of these texts being 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 country of destin­
             ation at the moment at which the goods are actually taken in charge in the ship's hold at the
             port of discharge.
             The country of destination shall ipay all costs subsequent to delivery of the goods, including
             the costs of unloading ( breaking bulk, hoisting, taking delivery, for example) as well as any
             lighterage costs.
             Any demurrage or dispatch money at the port of unloading shall be borne by or paid to the
             country of destination. The rates and conditions of payment laid down in the contract between
             the authorized agent of the Community referred to in Article 5 and the carrier must have been
             agreed in advance between that agent and the receiving agent of the country of destination
             referred to in j^rticle 5 .
                                                            Article 2
             The Community shall forward to the country of destination, as soon as possible after the
             goods have been shipped, a notice giving the name of the ship, the date of loading, the quan­
             tity and quality of the goods on loading and the port of discharge.
 ---pagebreak--- 28 . 1 . 74                        Official Journal of the European Communities                             No L 25/67
                                                          Article 3
            The Community shall inform the - country of destination of the ship's estimated date of arrival
            at the port of discharge at least 10 clear days "before that date.
            It shall have inserted in the charter party an undertaking ' by the captain to give the country
            of destination at least 72 hours' notice of the probable date of the ship's arrival in the port
            of discharge.
                                                          Article 4
            On delivery of the cargo, a tolerance of 5 %> less than the quantity laid down under Article I
            of the Agreement shall be permitted .
                                                          Article 5
            To implement the provisions of this Annex, the Community shall appoint an authorized agent,
            whose name and address it shall imake known in good time to the country of destination.
            The country of destination shall appoint a receiving agent in each port of discharge, whose
            name and address it shall make known to the Community before the Agreement is imple­
            mented .
            Information on the signing of the Agreement between the European Economic Com­
                     munity and the Islamic Republic of Mauritania on the supply of food aid
            The Agreement between the European Economic Community and Mauritania on the
            supply of common wheat and maize as food aid, which the Council decided to con­
            clude on 10 December 1973 , was signed in Brussells on 10 December 1973 , on behalf
            of the Council of the European Communities by :
            Mr Niels Ersboll , Ambassador Extraordinary and Plenipotentiary, Chairman of the
            Permanent Representatives Committee, and
            Mr Hans-Broder Krohn , Director-General for Development and Cooperation , of the
            Commission of the European Communities , and on behalf of the Government of
            Mauritania by :
            Mr Ely Ould Aillaf, Ambassador, Representative of the Government of Mauritania to
            the European Communities .