CELEX: 
Language: en
Date: 1974-01-28 00:00:00
Title: Council Decision of 10 December 1973 concluding the Agreement between the European Economic Community and the Republic of Senegal on the supply of common wheat as food aid #Agreement between the European Economic Community and the Republic of Senegal on the supply of common wheat as food aid

No L 23/68                      Official Journal of the European Communities                       28 . 1 . 74
                                            COUNCIL DECISION
                                             of 10 December 1973
           concluding the Agreement between the European Economic Community and
                 the Republic of Senegal on the supply of common wheat as food aid
                                                  (74/33/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 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
           accorded, by way of gift, 1 0 000 metric tons of common wheat under the Community
           Food Aid Programme for 1972/73,
           HAS DECIDED AS FOLLOWS :
                                                    Article 1
           The Agreement between the European Economic Community and the Republic of
           Senegal on the supply of common wheat 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, 10 December 1973 .
                                                                      For the Council
                                                                        The President
                                                                       I. N0RGAARD
 ---documentbreak--- 28 . 1 . 74                         Official Journal of the European Communities                        No L 23 /69
                                                     AGREEMENT
              between the European Economic Community and the Republic of Senegal on the
                                          supply of common wheat 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 I                            of the product from ports of discharge to places of
                                                              destination .
As part of its Food Aid Programme ( Cereals) for
1972/73 , the European Economic Community, here­
inafter referred to as the 'Community', shall supply                                 Article V
the Republic of Senegal, hereinafter referred to as
the 'recipient country', with 10 000 metric tons of           The recipient country undertakes to use the product
common wheat.                                                 received as aid for purposes of consumption and to
                                                              apply, for the sale of the product on its market, the
                         Article II                           prices normally charged on that market for
                                                              products of comparable quality.
Deliveries will be made in bulk cif to ports of
discharge of the recipient country.                           The proceeds from this sale, less the normal cost of
                                                              selling the product on the recipient country's
                        Article III
                                                              market, shall be paid into a special account at the
                                                              Central Bank of that country and allocated to the
The obligations and responsibilities of the Commu­            financing of one more developement schemes
nity and of the recipient country relating in parti­          proposed by the recipient country and approved by
cular to delivery and the taking of delivery respec­          the Community.
tively are defined in the Annex, which forms inte­
gral part of this Agreement.                                                         Article VI
                        Article IV                            The Contracting Parties undertake to implement
                                                              this Agreement in such a way as to avoid any preju­
The recipient country undertakes to make all neces­           dice to the normal structure of domestic production
sary arrangements for the transport and insurance             and international trade. To this end they shall take
 ---pagebreak--- No L 23/70                            Official Journal of the European Communities                                    28 . 1 . 74
any measures required to ensure that aid supplies                        vessel ; nature, quantity and quality of the
are in addition to, and do not replace, commercial                       products unloaded ; date on which unloading
transactions which might ( reasonably be expected in                     was completed ;
the absence of such supplies.
                                                                     2. every three      months until the quantities received
                         Article VII                                     as aid have     been fully used : quantities sold, how
                                                                         they have       been sold, selling prices ; normal
The recipient country shall take all appropriate                         selling costs   on the recipient country's market ;
measures to prevent :                                                3 . on 15 January every year until the special
— The re-export of the product received as aid and                       account has been fully used :
    of products and by-products resulting from such                       ( a ) state of this account (lodgments and with­
    supplies ;                                                                  drawals) on 31 December of the preceding
                                                                                 year ;
— the export, commercially or otherwise, within
    six months of the last delivery, either of the                       ( b) progress achieved in the project or projects,
    product obtained locally and of the same nature                             with an indication of the total amount of
    as the products received as aid or of any                                   financing carried out at that stage.
    products or by-products resulting from it.
                                                                                                Article IX
                         Article VIII
                                                                     At the request of either of them, the Contracting
The recipient country undertakes to inform the                       Parties shall consult each other on any questions
Community of the mode of implementation of this                      concerning the implementation of this Agreement.
Agreement. To this end it shall provide the Commis­                                             Article X
sion of the European Communities with the
following information :                                              This Agreement is drawn up in two copies in the
                                                                     Danish, Dutch, English, French, German und Italian
1 . not later than 30 days after the unloading of                    languages, each of these texts being equally
    each cargo : port and date of arrival of the                     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
               destination at the moment at which the goods are actually taken in icharge in the ship's hold
               at the port of discharge.
               The country of destination shall pay all costs subsequent to delivery of the goods, including the
               costs of unloading ('breaking ibulk, hoisting, taking delivery, for example) as well as any
               lighterage costs.
               Any demurrage or dispatch money at the iport of unloading shall be iborne by or paid to the
               country of destination. The rates and conditions of payment laid down in the contract be­
               tween 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 Article 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 unloading.
 ---pagebreak--- 28 . 1 . 74                         Official Journal of the European Communities                             No L 23 /71
                                                            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 goods, a tolerance of 5 °/o less than the quantity laid down under Article 1
             of the Agreement shall be permitted.
                                                            Article S
             To implement the provisions of this Annex, the Community shall appoint an authorized
             agent, whose name and address it shall make known in good time to the country of destin­
             ation .
             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 Republic of Senegal on the supply of food aid
             The Agreement between the European Economic Community and Senegal on the supply
             of Common wheat as food aid, which the Council decided to condlude on 10 December
              1973 , was signed in Brussels 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 Senegal
              by :
             Mr Seydina Oumar Sy, Ambassador, Representative of the Government of Senegal to
              the European Communities.
 ---documentbreak--- NA ---documentbreak--- 28 . 1 . 74                         Official Journal of the European Communities                             No L 23 /71
                                                            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 goods, a tolerance of 5 °/o less than the quantity laid down under Article 1
             of the Agreement shall be permitted.
                                                            Article S
             To implement the provisions of this Annex, the Community shall appoint an authorized
             agent, whose name and address it shall make known in good time to the country of destin­
             ation .
             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 Republic of Senegal on the supply of food aid
             The Agreement between the European Economic Community and Senegal on the supply
             of Common wheat as food aid, which the Council decided to condlude on 10 December
              1973 , was signed in Brussels 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 Senegal
              by :
             Mr Seydina Oumar Sy, Ambassador, Representative of the Government of Senegal to
              the European Communities.