CELEX: 51973PC0589
Language: en
Date: 1973-04-16 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an 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) 589
Vol. 1973/0119
 ---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
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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
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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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(73)589 final
                                                          Brussels , 16 April 1973
                      RECOMMENDATION TOR A. COUNCIL DECISION
         on the conclusion of an 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)
COMC73 589 final
                                                                            /
                                                                          /
 ---pagebreak---                  t
                                                   COM(73) 589-E final
                   \
                    \
THE COUNCIL OP THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Econoraio Community ,
and in particular Articles 113, 114 and 228* thereof ;
Having regard to the Recommendation from the Commission ;
Whereas the European Economio 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 "by letter of 13 November 1972 the Republio of Senegal submitted a
request for emergency food aid ;
Whereas the adverse climatic conditions experienced by the Republic of
Senegal have appreciably reduced its grain supplies ; whereas that oountry
should therefore be granted a gift of 8 555 metric tons of oereals under
the Community Pood Aid Programme for 1971/72 ;
HAS DECIDED THATs
                              Article 1
On behalf of the European Economic Community an Agreement , the text
whereof is annexed hereto , shall be conoluded between the European
Economic Community and the Republio of Senegal for the supply of cereals
as food aid .                                                        '
 ---pagebreak---                 1                                  COM(73 ) 589-E final
                  \
                  \
                           Article 2
The President of the Council is hereby authorized to designate those who
are to sign the Agreement f and to confer on them the requisite powers
to bind the Community.
Done at Brussels .               19-– •
                                                   For the Council
                                                   The President
 ---pagebreak---                                       COM(73 ) 589-E final
    I
               AGREEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND
          THE REPUBLIC OP SENEGAL
  ' FOR THE SUPPLY OP CEREALS AS POOD AID
 ---pagebreak---                                                 COM(73 ) 589-E final
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                                   of the one part .
THE GOVERNMENT OP THE REPUBLIC OP SENEGAL ,
                                                 of the other part ,
HAVE DECIDED to conclude this Agreement and to this end have
designated as their plenipotentiaries :
THE COUNCIL OP THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OP THE REPUBLIC OP SENEGAL :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                                       COM(73) 5Ô9-E final
                             Article I
As part of its Pood Aid Programme (Cereals ) for 1971/72 , the European
Economic Community shall supply 4 000 metrio tons of grain sorghum and
4 555 metric tons of common wheat as a gift to the Republic of Senegal ,
hereinafter referred to as the "country of destination" .
                             Article II
Deliveries will be made cif to ports of unloading in" the country of
destination 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 oountry of destination undertakes to make all necessary arrangements for
the transport and insurance of the goods from the ports of unloading to
the places of destination .                                        v
                              Article V
 The country of destination undertakes to use for purposes of consumption
the goodd received as aid and to distribute them free of charge to people
 in need . However , the country of destination is authorized , where the
 needs of the people concerned justify it , to exchange locally all or part
                                                                        ψ
 of the common wheat supplied as aid for maize or grain sorghum or tj sell
 the said wheat in order to use the money obtained from the sale to purohase
 maize or grain sorghum on the most advantageous terms available in the
 local market .
                              Article VI
 The European Economic Community 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 ports of unloading to the
 places of destination.
 ---pagebreak---                                                    COM(73 ) 589-E final
This amount shall be 10 units of aooount 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
Artiole IX .
                           Article VII
The Contracting Parties undertake to implement this Agreement in such
manner as to avoid all detriment to the normal structure of domestio
production and international trade . To this end they shall take any
measures required to ensure that aid supplies are in addition to t and do
not replace , business transactions which might reasonably be expeoted
to take plaoe in the absence of such supplies .
                           Article VIII
The country of destination shall take all suoh measures as are requisite
to prevent :
– the re-export of the product received as aid and of products and
  by-products obtained from such supplies ;
– the export , commercially or otherwise , within six months of the last
  delivery, either of the locally obtained produot , being of the same
  kind as that received as aid , or of any product or by-produot obtained
  from it .
                                                                     /
                                                                       9
                           Article IX
The country of destination undertakes to inform the European Eoonomio
Community as to how this Agreement is implemented . To this end , it shall
provide the Commission of the European Communities with the following
information :                                      ^
 ---pagebreak---                                                   COM(73 ) 589-E final
      ( i ) not more than thirty days after unloading of each consignment :
              the ports and dates of arrival of the vessel ; nature , quantity
             and quality of the goods unloaded ; date on which unloading was
           . completed ;
    ( ii ) 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 Danish , Dutch , English ,
French , German and Italian languages , each of these texts being equally
authentic .
 ---pagebreak---                                                      COM(73 ) 589-E 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 are verified as being actually present in the ship , s hold
at the port of unloading.
The country of destination shall "bear all costs arising after delivery
of the goods has taken place , including unloading costs (such as
shifting, hoisting, reception) and any lighterage costs .
Any demurrage costs or any dispatch money at the port of shipment shall
be payable respectively by or to the recipient country. The rates and
terms applicable thereto laid down in the contract between the authorized
agent of the Community provided for in Article 5 and the carrier shall
have been agreed upon in advance by the said agent and the receiving
agent of the country of destination provided for in Article
                               Article 2
The European Economic Community shall , as soon as possible after the goods
have been loaded , notify the country of destination of the name of the
ship , the date of loading, the quantity and quality of the goods as
recorded on shipment , and the port of unloading.
                               Article 3                                 »
The European Economic Community shall inform the country of destination
of the expected date of arrival of the ship at the port of unloading
at least 10 clear days before that date .
                                                                          /
 ---pagebreak---                                                         COM(73 ) 589-E final
The European Economic Community shall cause to "be inserted in the oharter
party a clause requiring the captain to inform the oountry of destination ,
at least 12 hours in advance , of the estimated date of arrival of the
ship in port .
                                Article 4
                                                     *•
On delivery of the goods a toleranoe of 5> less than the quantity to "be
supplied under Article I of the Agreement shall be allowed .
      *
                               Article 5
Por 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 port
of unloading, whose name and address it shall oommunicate to the European
Economio Community before the Agreement is implemented .