CELEX: 51973PC0590
Language: en
Date: 1973-04-16 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION concluding the Agreement between the European Economic Community and the Republic of Mali for the supply of grain sorghum and maize as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 590
Vol. 1973/0119
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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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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(73)590 final
                                                      Brussels , 16 April 1973
                 RECOMMENDATION FOR A COUNCIL DECISION
                             concluding the
          Agreement "between the European Economic Community
                        and the Republic of Mali
                    for the supply of grain sorghum
                          and maize as food aid
              ( submitted to the Council "by the Commission)
COM(73) 590 final
 ---pagebreak---                                     - 2 -                   COM(73)590 final
THE COUNCIL OP 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 Pood Aid Convention of 1971 ; whereas that
Convention has "been in force since 1 July 1971 ;
Whereas hy letter of 23 November 1972 the Republic of Mali submitted a
request for emergency food aid ;
Whereas the adverse climatic conditions experienced by the Republic of Mali
have appreciably reduced its grain supplies ;   whereas that country should
therefore be granted a gift of 4 000 metric tons of grain sorghum and 3 000
metric tons of maize under the Community Pood Aid Programme for 197l/72;
HAS DECIDED THAT :
                                 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 Republic of Mali for the supply of sorghum 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 ,           19                            For the Council
                                                            The President
 ---pagebreak---                                             COM(73)590 final
                 AGREEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND
           THE REPUBLIC OP MALI
      FOR THE SUPPLY OP GRAIN SORGHUM
           AND MAIZE AS POOD AID
 ---pagebreak---                                    - 2 -                  COK(73)590 final
THE COUNCIL OP TEE 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 AGREED A3 FOLLOWS :
 ---pagebreak---                                   - 3 -                    CQM(73)590 final
                                ARTICLE I
As part of its Pood Aid Programme (Cereals ) for 1971/72, the European
Economic Community shall supply 4 000 metric tons of grain sorghum grid
3 000 metric tons of maize as a gift to the Republic of Mali , hereinafter
referred to as the "country of destination".
                               ARTICLE II
Deliveries shall he made free at frontier in new jute sacks of a net capacity
of 50 kg each .
                               ARTICLE III
The obligations and responsibilities of the European Economic Community
and of the country of destination relating to delivery and the taking of
delivery are defined in the Annex which forms an integral part of this
Agreement .
                                ARTICLE IV
The country of destination undertakes to make all necessary arrangements
for the transport and insurance of the goods from the frontier crossing
points to the places of destination.
                                 ARTICLE V
The country of destination undertakes to use for purposes of consumption
the goods received as aid and to distribute them free of charge to people
in need .
                                ARTICLE VI
The European Economic Cootaunity shall grant to the country of destination
a fixed amount by way of contribution towards the costs incurred by that
country in transporting the goods from the frontier crossing points to the
places of destination.
 ---pagebreak---                                    - 4 -                    COM(73)590 final
This amount shall be 10 units of account per metric ton of goods delivered .
                           /
The Community undertakes to pay this as soon as possible after receipt by
the Commission of the information required under the first indent of
Article IX .
                                ARTICLE VII
The Contracting Parties undertake to implement this Agreement in such manner
as to avoid all detriment 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 might reasonably be expected to take place in the absence
of such supplies .
                              ARTICLE VIII
The country of destination shall take all such measures as are requisite to
prevents
- the re-export of the product received as aid and of products and by-products
  obtained from such supplies ;                                 x
– the export , commercially or otherwise , within six months of the last delivery ,
  either of the locally obtained product being of the same kind as that
  received as aid , or of any product or by-product obtained therefrom .
                                ARTICLE IX
The country of destination undertakes to inform the European Economic
Community as to how this Agreement is implemented .   To this end , it shall
provide the Commission of the European Communities with the following
informations
 ---pagebreak---                                   - 5 -                     C0M(73)590 final
- not more than thirty days after delivery is taken of each consignment :
  the places and dates of taking delivery ; nature , quantity and quality
  of the goods of which delivery has been taken ;
– every three months until the quantities received as aid have "been fully
  used : a progress report specifying, in particular , the number and type
  of recipients , the quantities distributed , and the place and method of
  distribution .
                                ARTICLE X
The Contracting Parties shall at the request of either of them consult each
other concerning any questions touching the implementation of this Agreement .
                               ARTICLE XI
This Agreement is drawn up in duplicate in the Banish , Dutch, English, French,
German and Italian languages , each of these texts being equally authentic .
              /
 ---pagebreak---                                                             COM(73)590 final
            Annex referred "to in Article III of the Agreement
                                 Article 1
Delivery shall be treated as taking place and the risks shall pass from
the European Economic Community to the country of destination at the moment
when the goods actually cross the frontier of the country of destination .
The country of destination shall "bear all costs for reception of goods , any
transhipment costs and all other costs subsequent to delivery .
Any costs incurred as a result of delay attributable to the country of
destination in taking delivery of the goods shall be borne by that country .
                                 Article 2
The European Economic Community shall , as soon as possible after the goods
have left the port of shipment , notify the country of destination of the
date of loading, the quantity and quality of the goods as recorded on
shipment , the port of unloading, and the means of inland transport to be
used to carry the goods to the place of delivery *
                                 Article 3
The European Economic Community shall inform the country of destination of
the expected date of arrival of the goods at the place of delivery at least
10 clear days before that date .
 ---pagebreak---                                   - 2 -                    C0M(73)590 final
The European Economic Community shall inform -the country of destination , at lea
two days in advance , of the probable date of arrival of the goods at the
place of delivery .
                                Article 4
On delivery of the goods , a tolerance of 5% less than the quantity to be
supplied under Article I of the Agreement shall be allowed .
                                Article 5
For purposes of the implementation of the provisions of this Annex the
European Economic Community shall appoint an agent , whose name and address
it shall in good time communicate to the country of destination .
The country of destination shall appoint a receiving agent in each place of
delivery whose name and address it shall communicate to the European Economic
Community before the Agreement is implemented .