CELEX: 51974PC1818
Language: en
Date: 1974-11-11 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Islamic Republic of Mauritania for the supply of cereals as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1818
Vol. 1974/0286
 ---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
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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.
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 ---pagebreak---     COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(74)1818 final
                                                         Brussels , 11 November 1974
                              RECOMMENDATION FOR A
                                COUNCIL DECISION
                                                                            \
  on the conclusion of an agreement between the European Economic Community
and the Islamic Republic of Mauritania   for the supply of cereals as food aid
                     ?
                 ( submitted to the Council by the Commission)
C0M(74) 1818 final
 ---pagebreak---                                    - 1 -
                                                      *
 THE COUNCIL OF THE EUROPEAN COIMJNITIES ,
 Having regard to "the Treaty establishing the European Eoonomic 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 second . Convention
 relating to food aid^
Whereas the Islamic Republic of Mauritania, "by its letter of 12.12 . 1973
has requested food aid ;
Whereas in view of the cereal supply situation in the Islamic Republic of
Mauritania , that country should be accorded , by way of gift , 10 000 metric tons
of cereals in the form of 8 000 metric tons of soft wheat and 2 000 metric tons
of maize under the Community Food Aid Programme for 1973/74 .
DECIDES ;
                                    Article 1
On behalf of the European Economic Community an Agreement , the text whereof
is annexed hereto , shall be concluded between the European Economic Community
and the Islamic Republic of Mauritania for the supply of soft wheat and maize
as food aid .
                                    Article 2
The President of the Council is hereby authorized to designate those who
are to sign the Agreement and to confer on them the requisite powers to bind
the Community .
Done at Brussels , 11 November 1974                         For the Council
                                                             The President
 ^'OJ No L 219 of 9.8.1974, p. 19
 ---pagebreak---                 ACftEEMENT
EETUEEIï THE EUROPEAN EC01T0MIC COMMUNITT
AUD THE ISLAMIC REPUBLIC OF MAURITANIA
CONCERNING THE SUPPLY AS POOD AID OF
 CEREALS .
 ---pagebreak--- THE COUNCIL OF THE EOROPEAK COMMUNITIES .
                                                         on the one hand ,
THE GOVERNMENT OP THE ISLAMIC REPUBLIC OP MAURITANIA ' .
                                                         on the other hand ,
HAVE DECIDED to conclude this Agreement and to this end have designated .
as their plenipotentiaries :
THE COUNCIL OP THE EUROPEAN COMMUNITIES :
THE GOVERMENT OP THE ISLAMIC REPUBLIC OP MAURITANIA :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                     Article I
As a part of its Pood Aid Programme (Cereals) for 1973 /74 » 'the European
Economic Community shall supply, by way of gift , the Islamic Republic of Mauritania ,
hereinafter referred as the "recipient country", with 10 000 metric tons of cereals
in the form of 8 000- metric tons of soft wheat and 2 000 metric tons of maize .
                                    Arti cío II                           .
                                                                                 ■ S\
 Deliveries will "be made in new jute sacks of a net weight of 50 kg each, cif
 ports of unloading in the recipient country*
                                 Artic l e III                              •     .     r :
The obligations Mid mesponsibilitien of the European .Economic Comriunity 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 .
                                                                                      •  ■     i
                                                                                              i
           ■                                                                                  t
                        I
                                 Article
                                 m m
                                              17
                                             T. –^
                                                    '                                        !i
The recipient country undertakes to make all necessary arrangements lor the
transport and insurance of the product from the CIP-stage to places
of destination .
                                                   ...                                      {
                                 Article V
                                                                 /
The recipient country undertakes to use the product received as aid for
purposes of consumption and' to distribute it to people in need free of charge .
 ---pagebreak---                                        - 3 -
                                    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 cif-stage to places of destination .
   These funds shall amount to '50    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 Article 6 of the annex .
                                    Article VII
The Contracting Parties undertake to implement this Agreement in such a way
       Л                        А
as to avoid any prejudice to the normal structure of domestic production and
international 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 night reasonably be expected in the absence of such supplies .
                                    Article VIII
The recipient country shall take any measures required to prevent :
(i ) The re-export of the products received as aid and of products and by­
       products resulting from such supplies j
(ii ) The export , commercially or otherwise, within six months of the last
       delivery, either of the products obtained locally and of the same nature,
       as- the products received as aid or of any products or by-products resul­
      ting from it .
 ---pagebreak---                                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 every three months until the quantities
received as aid have been fully used with the following information : reports
indicating in particular number and nature of the beneficiaries , the quantities
distributed , places and manner of distribution .
                               Article  X
The recipient country shall take all appropriate steps to enable those persons
duly authorized by the European Economic Community to make on the spot obser­
vations of the operations connected with the implementation of the Agreement .
           \                       '
                               Article   XI
         .}
                                     <
At the request of either party , the contracting parties shall consult one .
another on all questions concerning the application of this Agreement . •
       , 1
                               Article  XII
Tms Agreement is drawn up m two copies m the Danish , Dutch , English , French ,
German and Italian languages , these texts being equally authentic .
 ---pagebreak---                   AOTJEX TO ARTICLE III OP THE ACÏÏïï^TMEÏÏT
                                  Article 1
 Delivery shall "be completed and the risks shall pass from the European
 Economic Community to the recipient country as soon as the goods are actually
 taken in charge in the ship 's hold at the port of unloading.
 The recipient country shall bear     all costs subsequent to delivery of the
 goods , including the costs of unloading ("breaking, hulk , hoisting, taking
 delivery, for example ) as well as any lighterage costs .
 Any demurrage costs or dispatch money at the port of unloading shall j as the
 case may he , "be borne by or paid to the recipient country . The rates and
 conditions of payment applying to any contract "between the Community agent
referred to in Article 5 and the carrier must have "been previously agreed
"between that agent and the recipient country 1 s agent referred to in Article 5
                                 Article 2
The European Economic Community shall forward to the recipient country ,
as soon as possible after the goods have been shipped , a notice giving the
name of the ship, the date of loading , the quantity and quality of the goods
on loading and the port of unloading .
                                 Article 3
The European Economic Community shall inform the recipient country of the
ship's presumed date of arrival at the port of unloading at least ten clear
days before that date .
The European Economic Community shall cause to be inserted in the charter-
party an undertaking by the captain to give to the reoipient country at
least 72 hours * notice of the probable date of the ship 's arrival in the port
 ---pagebreak---                                      - 2 -
                                                     9
                                    Article 4
On delivery of the goods , a "tolerance of 5   less than the quantity to be
 supplied in accordance with Article I of the Agreement is permitted.
                                    Article 5
The European Economic Community shall appoint an agent to implement the
provisions of this Annei , and shall in good time ~ forward the latter * s
name and address "to the recipient country.
The recipient country shall appoint an agent in each port of unloading ,
and shall forward the latter * s name and address to the European Economic
Community prior to implementation of the Agreement .
                                » ^
                                    Article 6                  ■ '
      ' *
On delivery of the goods the country of destination shall hand to the authorized
agent of the European Economic Community a taking-over certificate , stating the
place and date of taking over , the nature and the quantity as well as contigent
observations about the quality of these goods and shall send a copy thereof to
the Commission of the European Community .