CELEX: 
Language: en
Date: 1973-12-13 00:00:00
Title: Council Decision of 15 October 1973 concluding the Agreement between the European Economic Community and the Republic of Senegal on the supply of sorghum and common wheat as food aid #Agreement between the European Economic Community and the Republic of Senegal on the supply of sorghum and common wheat as food aid

13 . 12. 73                       Official Journal of the European Communities                    No L 343 /9
                                              COUNCIL DECISION
                                                of 15 October 1973
            concluding the Agreement between the European Economic Community and the Republic
                    of Senegal on the supply of sorghum and common wheat as food aid
                                                    (73/379/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 Food Aid Convention of 1971 ; whereas that Convention has been
            applicable since 1 July 1971 ;
            Whereas by letter of 13 November 1972 the Republic of Senegal submitted a request
            for emergency food aid ;
            Whereas the adverse climatic conditions experienced by Senegal have appreciably re­
            duced its grain supplies ; whereas that country should therefore be granted a gift of
            4 000 metric tons of sorghum and 4 555 metric tons of common wheat under the Com­
            munity Food Aid Programme for the year 1971 /72,
            HAS DECIDED AS FOLLOWS :
                                                       Article 1
            The Agreement between the European Economic Community and the Republic of Sene­
            gal for the supply of sorghum and common wheat as food aid, the text of which 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 powers necessary to bind the Com­
            munity.
            Done at Luxembourg, 15 October 1973 .
                                                                                For the Council
                                                                                 The President
                                                                                 I. N0RGAARD
 ---documentbreak--- No L 343 / 10                        Official Journal of the European Communities                            13 . 12. 73
                                                     AGREEMENT
               between the European Economic Community and the Republic of Senegal on the supply
                                     of sorghum and 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 COMMUNITES :
               THE GOVERNMENT OF THE REPUBLIC OF SENEGAL :
               WHO HAVE AGREED AS FOLLOWS :
                          Article I                                                      Article V
As part of its Food Aid Programme ( Cereals ) for the
year 1971 /72, the European Economic Community,                 The country of destination undertakes to use the
hereinafter referred to as the ' Community', shall              products received as aid for purposes of consumption
supply 4 000 metric tons of sorghum and 4 555 met­              and to distribute such products to people in need free
ric tons of common wheat as a gift to the Republic              of charge. However, it is authorized, where the needs
of Senegal, hereinafter referred to as the 'country of          of the people concerned justify it, to exchange locally
destination '.                                                  all or part of the common wheat supplied as aid for
                                                                maize or sorghum or to sell the said wheat in order
                                                                to use the money obtained from the sale to purchase
                         Article 11
                                                                maize or sorghum on the most advantageous terms
                                                                available in the local market.
Deliveries shall be made cif at ports of discharge of
the country of destination in new jute sacks of a net
weight of 50 kilogrammes each.
                                                                                        Article VI
                         Article 111
                                                                The Community shall grant the country of destina­
The obligations and responsibilities of the Commu­              tion a lump sum as its share of the costs incurred by
nity and of the country of destination relating to              that country for the transport of the delivered pro­
delivery and the taking of delivery are defined in the          ducts from the ports of discharge to the places of
Annex which forms an integral part of this Agree­               destination .
ment .
                                                                This amount shall amount to 10 units of account per
                         Article IV                             metric tons of goods delivered .
The country of destination undertakes to make all               The Community undertakes to pay this as soon as
necessary arrangements for the transport and insu­              possible after receipt by the Commission of the Euro­
rance of the delivered products from the ports of               pean Communities of the information referred to in
discharge to the places of destination.                         the first indent of Article IX.
 ---pagebreak--- 13 . 12 . 73                           Official Journal of the European Communities                               No L 343 / 11
                          Article VII                                                        Article IX
                                                                      The country of destination undertakes to inform the
The Contracting Parties undertake to implement this                   Community as to how this Agreement is imple­
Agreement in such manner as to avoid any prejudice                    mented. To this end, it shall provide the Commission
to the normal structure of domestic production and                    of the European Communities with the following
international trade. To this end they shall take any                  information :
measures required to ensure that aid supplies are in                  — not more than thirty days after discharge of each
addition to, and do not replace, commercial trans­                        consignment : port and date of vessel's arrival ;
actions which might reasonably be expected to take                        nature, quantity and quality of the products dis­
place in the absence of such supplies .                                   charged ; date on which discharge was completed ;
                                                                      — every three months until the quantities received
                                                                          as aid have been fully used : the quantities distri­
                         Article VIII                                     buted, the number and type of recipient, place
                                                                          and method of distribution .
The country of destination shall take all appropriate                                         Article X
measures to prevent :
                                                                      At the request of either of them, the Contracting
— the re-export of the product received as aid and                    Parties shall consult each other on any questions con­
     of products and by-products derived from it ;                    cerning the implementation of this Agreement.
— the export, commercially or otherwise, within                                              Article XI
     6 months of the last delivery, either of the prod­
     ucts obtained locally, of the same nature as the                 This Agreement is drawn up in duplicate in the Da­
     products received as aid, or of any products or                  nish, Dutch, English, French, German and Italian
     by-products derived from them .                                   languages, each of these texts being 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 charge 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 bulk , hoisting, taking delivery, for example) as well as any
              lighterage costs .
              Any demurrage or dispatch money at the port of unloading shall be borne by or paid to the country
              of destination. The rates and conditions of payment laid down in the contract between the autho­
              rized 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 quantity and
              quality of the goods on loading and the port of discharge.
                                                              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 dis­
              charge.
                                                              Article 4
               On delivery, a tolerance of 5 % less than the quantity laid down under Article I of the Agreement
              is permitted .
 ---pagebreak--- No L 343 / 12                         Official Journal of the European Communities                             13 . 12 . 73
                                                          Article 5
              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 destination.
              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 implemented.
              Information concerning the signing of the Agreement between the European Economic
                       Community and the Republic of Senegal on the supply of food aid
              The Agreement between the European Economic Community and the Republic of Se­
              negal on the supply of food aid in the form of sorghum and common wheat as food aid,
              which the Council decided to conclude on 15 October 1973 , was signed in Brussels
              on 12 November 1973 .
              on behalf of the Council of the European Communities, by Mr Niels Ersboll, Ambassa­
              dor Extraordinary and Plenipotentiary, Chairman of the Permanent Representatives
              Committee and by Mr Hans-Broder Krohn, Director-General for Development and
              Cooperation of the Commission of the European Communities ;
              on behalf of the Government of the Republic of Senegal, by Mr Seydina Oumar Sv,
              Ambassador, Representative of that country to the European Economic Community.
 ---documentbreak--- NA ---documentbreak--- No L 343 / 12                         Official Journal of the European Communities                             13 . 12 . 73
                                                          Article 5
              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 destination.
              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 implemented.
              Information concerning the signing of the Agreement between the European Economic
                       Community and the Republic of Senegal on the supply of food aid
              The Agreement between the European Economic Community and the Republic of Se­
              negal on the supply of food aid in the form of sorghum and common wheat as food aid,
              which the Council decided to conclude on 15 October 1973 , was signed in Brussels
              on 12 November 1973 .
              on behalf of the Council of the European Communities, by Mr Niels Ersboll, Ambassa­
              dor Extraordinary and Plenipotentiary, Chairman of the Permanent Representatives
              Committee and by Mr Hans-Broder Krohn, Director-General for Development and
              Cooperation of the Commission of the European Communities ;
              on behalf of the Government of the Republic of Senegal, by Mr Seydina Oumar Sv,
              Ambassador, Representative of that country to the European Economic Community.