CELEX: 
Language: en
Date: 1974-01-28 00:00:00
Title: Council Decision of 19 November 1973 concluding the Agreement between the European Economic Community and the Republic of Mali on the supply of flour of common wheat and sorghum as food aid #Agreement between the European Economic Community and the Republic of Mali concerning the supply of flour of common wheat and sorghum as food aid

28 . 1 . 74                      Official Journal of the European Communities                          No L 23/51
                                             COUNCIL DECISION
                                              of 19 November 1973
            concluding the Agreement between the European Economic Community and
            the Republic of Mali on the supply of flour of common wheat and sorghum as
                                                     food aid
                                                   (74/29/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 appli­
            cable since 1 July 1971 ;
            Whereas, by its letter of 29 December 1971 , the Republic of Mali has requested food aid ;
            Whereas in view of the cereal supply situation in Mali that country should be accorded,
            by way of gift, 5 000 metric tons of common wheat in the form of 3 311 metric tons of
            flour of common wheat and 5 000 metric tons of sorghum under the Community Food
            Aid Programme for 1971 /72,
            HAS DECIDED AS FOLLOWS :
                                                     Article 1
            The Agreement between the European Economic Community and the Republic of Mali
            for the supply of flour of common wheat and sorghum 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 Community.
             Done at Brussels, 19 November 1973 .
                                                                       For the Council
                                                                         The President
                                                                      lb FREDERIKSEN
 ---documentbreak---  No L 23 /52                         Official journal of the European Communities                            28 . 1 . 74
                                                     AGREEMENT
              between the European Economic Community and the Republic of Mali concerning
                             the supply of flour of common wheat and sorghum as food aid
               THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE GOVERNMENT OF THE REPUBLIC OF MALI,
              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 MALI :
              WHO HAVE DECIDED AS FOLLOWS :
                         Article 1                                                    Article IV
 As part of its Food Aid Programme ( Cereals) for               The recipient country undertakes to make all neces­
 1971 /72, the European Economic Community, here­               sary arrangements for the transport and insurance
inafter referred to as the 'Community ', shall supply           of the product as from the place of destination .
the Republic of Mali, hereinafter referred to as the
'recipient country', by way of gift, with 5 000 metric                                  Article V
tons of common wheat in the form of 3 311 metric
tons of flour of common wheat and 5 000 metric                  The recipient country undertakes to use the product
tons of sorghum .                                               received as aid for purpose of consumption and for
                                                                the sale of the product on its market, to apply the
                         Article II                             prices normally obtaining on that market for goods
                                                                of comparable quality .
Deliveries will be made at the frontier of the recip­           The proceeds from this sale, less the normal cost of
 ient country in new cotton sacks in the case of the            selling the product on the market of the recipient
 flour of common wheat and new jute sacks in the                country shall be paid into a special account at the
case of the sorghum, the sacks each weighing 50                 Central Bank of that country, or at a bank
kilogrammes net.                                                controlled by the State, and allocated to the
                                                                financing of one or more development schemes
                         Article 111                            which shall have been proposed by the recipient
                                                                country and approved by the Community .
 The obligations and responsibilities of the Commu­
 nity and of the recipient country relating to delivery                                Article VI
 and the taking of delivery in particular are defined in
 the Annex, which forms an integral part of this                The Contracting Parties undertake to implement
 Agreement.                                                     this Agreement in such a way as to avoid any preju­
 ---pagebreak---  28 . 1 . 74                              Official Journal of the European Communities                                   No L 23/53
dice to the normal structure of domestic production                           nature, quantity and quality of the goods of
and (international trade. To this end they shall take                         which delivery has been taken ;
any measures required to ensure that aid supplies
are in addition to, and do not replace, commercial                        2. every three months until the quantities received
transaction which might reasonably be expected in                             as aid have been fully used : quantities sold, how
the absence of such supplies.                                                 they have been sold, selling prices ; normal
                                                                              selling costs on the recipient country's market ;
                           Article VII
                                                                          3 . on 15 January every year until the special
The recipient country shall take all appropriate                              account has been fully used :
measures to prevent :
                                                                              ( a) state of this account (deposits and with­
— the re-export of the product received as aid and                                 drawals) on 31 December of the preceding
     of products and by-products resulting from such                                year ;
      supplies ;
                                                                              (b) progress achieved in the project or projects,
— the export, commercially or otherwise, within                                    with an indication of the total amount of
      six months of the last delivery, either of the                                financing carried out at that stage.
      product obtained locally and of the same nature
      as the product received as aid or of any
      products or by-products resulting from it.                                                   Article IX
                                                                          At the request of either of them, the Contracting Par­
                           Article VIII                                   ties shall consult each other on any questions con­
                                                                          cerning the implementation of this Agreement.
The recipient country undertakes to inform the
Community of the mode of application of this
Agreement. To this end it shall provide the Commis­                                                 Article X
sion of the European Communities with the
following information :                                                   This Agreement shall be drawn up in duplicate in
                                                                          the Danish, Dutch, English, French, German and
1 . not later than 30 days after delivery is taken of                     Italian languages, each of these texts being equally
     each cargo : place and date of taking delivery ;                     authentic.
                                                                 ANNEX
                                        Provisions laid down in Article III of the Agreement
                                                                 Article 1
                 Delivery shall be effected1 and all1 risk shall pass from the Community to the recipient country
                 at the moment at which the goods actually cross the frontier of the recipient country.
                 The recipient country shall pay all costs for taking delivery of the goods, any transhipment
                 costs and all other costs subsequent to delivery.
                 Any costs resulting from delays in taking delivery which are not attributable to the Com­
                 munity shall be borne by the recipient country.
                                                                 Article 2
                 The Connmuniky shall notify the recipient country, as soon as possible after the goods have
                 left the port of loading, of the date of loading, the quantity and quality of the goods as
 ---pagebreak--- No L 23 /54                        Official Journal of the European Communities                           28 . 1 . 74
            recorded at loading, the port of unloading and the means of land transport used to transfer
            the goods to the place of delivery .
                                                       Article 3
            The Community shall inform the recipient country at least 10 clear days in advance of the
            expected date of arrival of the goods at the place of delivery. 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 authorized 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 on the signing of the Agreement between the European Economic
                           Community and the Republic of Mali on the supply of food aid
             The Agreement between the European Economic Community and Mali on the supply
             of flour of common wheat and sorghum as food aid which the Council decided to
             conclude on 19 November 1973 was signed in Brussels on 22 November 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
             Mali by :
             Mr Alioune Sissoko, Ambassador, its Representative to the European Communities .
 ---documentbreak--- NA ---documentbreak--- No L 23 /54                        Official Journal of the European Communities                           28 . 1 . 74
            recorded at loading, the port of unloading and the means of land transport used to transfer
            the goods to the place of delivery .
                                                       Article 3
            The Community shall inform the recipient country at least 10 clear days in advance of the
            expected date of arrival of the goods at the place of delivery. 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 authorized 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 on the signing of the Agreement between the European Economic
                           Community and the Republic of Mali on the supply of food aid
             The Agreement between the European Economic Community and Mali on the supply
             of flour of common wheat and sorghum as food aid which the Council decided to
             conclude on 19 November 1973 was signed in Brussels on 22 November 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
             Mali by :
             Mr Alioune Sissoko, Ambassador, its Representative to the European Communities .