CELEX: 
Language: en
Date: 1975-04-01 00:00:00
Title: Council Decision of 17 February 1975 on the conclusion of the Agreement between the European Economic Community and the Islamic Republic of Mauritania on the supply of common wheat as food aid #Agreement between the European Economic Community and the Islamic Republic of Mauritania on the supply of common wheat as food aid

1 . 4 . 75                      Official Journal of the European Communities                       No L 81 / 11
                                            COUNCIL DECISION
                                             of 17 February 1975
           on the conclusion of the Agreement between the European Economic Commu­
           nity and the Islamic Republic of Mauritania on the supply of common wheat as
                                                    food aid
                                                  (75/ 190/ 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 concluded the 1971 Food Aid Conven­
           tion ;
           Whereas by its letter of 11 December 1973, the Islamic Republic of Mauritania has
           requested food aid ;
           Whereas in view of the cereal supply situation in that country the latter should be
           accorded, under the Community food-aid programme for 1973/74, and by way of gift,
           4 000 metric tons of common wheat,
           HAS DECIDED AS FOLLOWS :
                                                    Article 1
           The Agreement between the European Economic Community and the Islamic Republic
           of Mauritania on the supply of 4 000 metric tons of common wheat as food aid is hereby
           concluded on behalf of the Community.
           The text of the Agreement is annexed to this Decision .
                                                    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 powers necessary to bind the Community.
           Done at Brussels, 1 7 February 1 975 .
                                                                      For the Council
                                                                       The President
                                                                         R. RYAN
 ---documentbreak--- No L 81 / 12                         Official Journal of the European Communities                              1 . 4 . 75
                                                     AGREEMENT
              between the European Economic Community and the Islamic Republic of
                             Mauritania on the supply of common wheat as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF MAURITANIA,
              of the other part,
              HAVE DECIDED to conclude this Agreement, and to this end have designated as their Pleni­
              potentiaries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF MAURITANIA :
              WHO HAVE AGREED AS FOLLOWS :
                          Article I                            bute it free of charge to the needy sections of the
                                                               population .
As part of its food-aid programme (cereals) for
1973/74, the European Economic Community, here­
inafter referred to as the ' Community', shall supply
the Islamic Republic of Mauritania, hereinafter                                       Article VI
referred to as the 'country of destination ', by way of
gift, with 4 000 metric tons of common wheat.                  The Community shall grant the     country of destination
                                                               a fixed distribution towards        covering the costs
                         Article II
                                                                incurred by that country for      the transport of the
Deliveries shall be made cif port of unloading in the           products from the cif stage to    places of destination .
                                                               This contribution shall amount to 50 units of account
country of destination in new jute sacks with a net
weight of 50 kilogrammes each .                                 per metric ton of the delivered product.
                         Article III                           The Community undertakes to pay this contribution
                                                               as soon as possible after receipt by the Commission of
The obligations and responsibilities of the Commu­              the European Communities of the copy of the certifi­
nity and of the country of destination relating to             cate of acceptance required in Article 6 of the Annex.
delivery and receipt are defined in the Annex, which
forms an integral part of this Agreement.
                         Article IV                                                  Article VII
The country of destination undertakes to make all the
necessary arrangements for the transport and insur­            The Contracting Parties undertake to implement this
ance of the product from the cif stage to places of            Agreement in such a way as to avoid any prejudice to
destination .                                                   the normal structure of domestic production and inter­
                                                                national trade. To this end, they shall take any
                         Article V                              measures required to ensure that aid supplies are in
                                                                addition to, and do not replace, commercial trans­
The country of destination undertakes to use the                actions which might reasonably be expected in the
product received as aid for consumption and to distri­         absence of such supplies.
 ---pagebreak---  1 . 4 . 75                             Official Journal of the European Communities                               No L 81 / 13
                        Article VIII                                                          Article X
The country of destination shall take all appropriate              The country of destination shall take all appropriate
measures to prevent :
                                                                   measures to enable those persons duly authorized by
— the re-export of the product received as aid and of              the Community to make on the spot observations of
      the products and by-products derived from them ;             the operations connected with the implementation of
— the export, commercially or otherwise, within six                the Agreement.
      months from the date of the last delivery, both of
      the product obtained locally which is of the same
                                                                                              Article XI
      kind as that received as aid or of products or
      by-products derived from them .
                         Article IX                                At the request of either of them , the Contracting
                                                                   Parties shall consult each other on any questions
The country of destination undertakes to inform the                concerning the implementation of this Agreement .
Community of the manner in which this Agreement
is performed . To this end, it shall communicate the
following information to the Commission of the Euro­                                         Article XII
pean Communities every three months until the quan­
tities received as aid have been fully used : quantities           This Agreement is drawn up in duplicate in the
distributed ; number and nature of the beneficiaries ;              Danish , Dutch , English , French , German and Italian
places and method of distribution .                                languages, each of these texts being authentic .
                                                               ANNEX
                                       PROCEDURES FOR DELIVERY AND RECEIPT
                           Article 1                               It shall have inserted in the charter party an undertaking by
Delivery shall be effected and all risk shall pass from the        the captain to give the country of destination at least 72
Community to the country of destination at the moment at           hours' notice of the probable date of the ship's arrival in the
which the goods are actually taken in charge in the ship's         port of discharge .
hold at the port of discharge .
                                                                                               Article 4
The country of destination shall bear all costs subsequent to
delivery of the goods, including the costs of discharge (such      On delivery of the cargo , an allowance of 5 % less than the
as breaking bulk , hoisting, taking delivery) as well as any       quantity laid down under Article I of the Agreement shall be
lighterage costs .                                                 permitted .
Any demurrage or dispatch money at the port of discharge
                                                                                               Article 5
shall be borne by or paid to the country of destination . The
rates and conditions of payment laid down in the contract          To implement this Annex, the Community shall appoint an
between the authorized agent of the Community referred to          authorized agent whose name and address it shall make
in Article .5 and the carrier must have been agreed in             known in good time to the country of destination .
advance between that agent and the receiving agent of the
country of destination referred to in Article 5 .                  At each port of discharge the country of destination shall
                                                                   nominate a receiving agent whose name and address it shall
                           Article 2                               make known to the Community before the Agreement is
The Community shall forward to the country of destination ,        implemented .
as soon as possible after the goods have been shipped, a
notice giving the name of the ship, the date of loading, the                                   A rticle 6
quantity and quality of the goods on loading and the port of
                                                                   On delivery of the goods the country of destination shall
discharge.
                                                                   hand to the authorized agent of the Community a certificate
                           Article J                               of receipt , which shall set out the port of unloading, the
                                                                   nature and the quantity of the goods received , together with
The Community shall inform the country of destination of           any comments on the quality of those goods . A copy of the
the ship's estimated date of arrival at the port of discharge at   certificate shall be sent to the Commission of the European
least 10 clear days before that date .                             Communities .
 ---documentbreak--- NA ---documentbreak--- No L 81 / 14                    Official Journal of the European Communities                         1 . 4 . 75
             Information on the signing of the Agreement between the European Economic
               Community and the Islamic Republic of Mauritania on the supply of food aid
             The Agreement between the European Economic Community and Mauritania on the
             supply of common wheat as food aid, which the Council decided to conclude on 17
             February 1975, was signed in Brussels on 20 February 1975, on behalf of the Council of
             the European Communities by :
             Mr Brendan Dillon , Ambassador Extraordinary and Plenipotentiary, Chairman of the
             Permanent Representatives Committee, and
             Mr Hans-Broder Krohn , Director-General for Development and Cooperation at the
             Commission of the European Communities,
             and on behalf of the Government of the Islamic Republic of Mauritania by :
             Mr Ely Ould Allaf, Ambassador Extraordinary and Plenipotentiary, Representative of that
             country's Government to the European Economic Community.