CELEX: 
Language: en
Date: 1974-10-10 00:00:00
Title: Council Decision of 23 August 1974 on the conclusion of the Agreement between the European Economic Community and the Republic of the Gambia for the supply of husked rice as food aid #Agreement between the European Economic Community and the Republic of the Gambia on the supply of husked rice as food aid

10 . 10 . 74                      Official Journal of the European Communities                        No L 275/ 15
                                                          II
                                     (Acts whose publication is not obligatory)
                                                 COUNCIL
                                              COUNCIL DECISION
                                                of 23 August 1974
             on the conclusion of the Agreement between the European Economic Commu­
               nity and the Republic of the Gambia for the supply of husked rice as food aid
                                                    (74/495/ EEC)
THE COUNCIL OF THE EUROPEAN                                   HAS DECIDED AS FOLLOWS :
COMMUNITIES,                                                                        Article 1
Having regard to the Treaty establishing the European         The Agreement between the European Economic
Economic Community, and in particular Articles 113,           Community and the Republic of the Gambia on the
1 14 and 228 thereof ;                                        supply of husked rice as food aid, the text whereof is
                                                              annexed hereto, is hereby concluded on behalf of the
                                                              European Economic Community.
Having regard to the recommendation from the
Commission ;                                                                        Article 2
                                                              The President of the Council is hereby authorized to
Whereas the European Economic Community has                   designate the persons empowered to sign the Agree­
concluded the 1967 Food Aid Convention ;
                                                              ment and to confer on them the necessary powers to
                                                              bind the Community.
Whereas by its letter of 16 April 1974, the Republic of
the Gambia has requested food aid ;                           Done at Brussels, 23 August 1974.
                                                                                         For the Council
Whereas in view of the cereal supply situation in
Gambia, that country should be accorded, by way of                                        The President
gift, 1 500 metric tons of husked rice, under the
Community food aid programme for 1970/71 ,                                               B. DESTREMAU
 ---documentbreak--- No L 275 / 16                       Official Journal of the European Communities                             10 . 10 . 74
                                                    AGREEMENT
              between the European Economic Community and the Republic of the Gambia
                                     on the supply of husked rice as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE GOVERNMENT OF THE REPUBLIC OF THE GAMBIA,
              of the other part,
              HAVE DECIDED to conclude this Agreement and to this end have designated as their plenipotenti­
              aries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE GOVERNMENT OF THE REPUBLIC OF THE GAMBIA :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                                                    Article V
As a part of its food aid programme (cereals) for              The country of destination undertakes to use the
1970/71 , the European Economic Community (here­               product received as aid for purposes of consumption
inafter referred to as the 'Community') shall supply,          and to distribute it free of charge to people in need .
by way of gift, the Republic of the Gambia
(hereinafter referred to as the 'country of destination ')                            Article VI
with 1 500 metric tons of husked rice .
                                                               The Contracting Parties undertake to implement this
                         Article II                            Agreement in such a way as to avoid any prejudice to
                                                               the normal structure of domestic production and inter­
Deliveries will be made cif to ports of discharge of the       national trade . To this end they shall take any
country of destination in new jute bags of a net weight        measures required to ensure that aid supplies are in
of 50 kg each .                                                addition to, and do not replace business transactions
                                                               which might reasonably be expected in the absence of
                        Article III                            such supplies.
The obligations and responsibilities of the Commu­                                   Article VII
nity and of the country of destination relating to
delivery and the taking of delivery are defined in the          The country of destination shall take all measures
Annex which forms an integral part of this Agree­              required to prevent :
ment .
                                                               — the re-export of the product received as aid and
                                                                   any products or by-products derived therefrom ;
                        Article IV
                                                               — the export, commercially or otherwise, within six
The country of destination undertakes to make all                  months of the last delivery, both of locally
necessary arrangements for the transport and insur­                produced rice of the same kind as that received as
ance of the product from ports of discharge to places              aid and of any products or by-products derived
of destination .                                                   therefrom .
 ---pagebreak--- 10 . 10 . 74                           Official Journal of the European Communities                                 No L 275/ 17
                        Article VIII                                                          Article IX
The country of destination undertakes to inform the                 At the request of either of them , the Contracting
Community of the implementation of this Agree­                      Parties shall consult each other on any questions
ment. To this end it shall provide the Commission of                concerning the implementation of this Agreement.
the European Communities with the following infor­                                            Article X
mation at the end of distribution, and in any event
every six months from delivery of the product :                     This Agreement is drawn up in duplicate in the
number and nature of the recipients ; quantities distri­            Danish, Dutch, English, French, German and Italian
buted ; places, manner and time table of distribution .             languages, each of these texts being authentic.
                                                                ANNEX
                                     Provisions laid down in Article III of the Agreement
                           Article 1                                 It shall have inserted in the charter party an undertaking by
                                                                     the captain to give the country of destination at least 72
 Delivery shall be effected and all risk shall pass from the         hours' notice of the probable date of the ship's arrival in the
 Community to the country of destination at the moment at            port of discharge.
which the goods are actually taken in charge in the ship's
 hold at the port of discharge.
                                                                                                Article 4
The country of destination shall pay all costs subsequent to
 delivery of the goods, including the costs of unloading             On delivery of the cargo, a tolerance of 5 % less than the
(breaking bulk, hoisting, taking delivery, for example) as well      quantity laid down under Article I of the Agreement shall be
 as any 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 the provisions of this Annex, the Community
 between the authorized agent of the Community referred to           shall appoint an authorized agent whose name and address it
 in Article 5 and the carrier must have been agreed in               shall make known in good time to the country of destina­
 advance between that agent and the receiving agent of the           tion .
 country of destination referred to in Article 5.
                                                                     The country of destination shall appoint a receiving agent in
                           Article 2                                 each port of discharge, whose name and address it shall
                                                                     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                                   Article 6
 quantity and quality of the goods on loading and the port of
 discharge.                                                          On delivery of the goods, the country of destination shall
                                                                     hand over to the authorized agent of the Community a certifi­
                           Article 3                                 cate of acceptance which shall set out the place and date of
                                                                     acceptance, and the nature and quality of the cargo accepted,
 The Community shall inform the country of destination of            and which shall contain any remarks on the quality of the
 the ship's estimated date of arrival at the port of discharge at    cargo. A copy of the certificate shall be sent to the Commis­
 least 10 clear days before that date.                               sion of the European Communities.
 ---documentbreak--- NA ---documentbreak--- No L 275/ 18                   Official Journal of the European Communities                         10 . 10 . 74
           Information on the signing of the Agreement between the European Economic
               Community and the Republic of the Gambia on the supply of food aid
           The Agreement between the European Economic Community and the Gambia on the
           supply of husked rice as food aid, which the Council decided to conclude on 23 August
           1974, was signed in Brussels on 16 September 1974, on behalf of the Council of the Euro­
           pean Communities by :
           Mr Emile Cazimajou, Minister Plenipotentiary, Chairman of the Permanent Representa­
           tives Committee (Deputies), and
           Mr Durieux, Director for Development and Cooperation of the Commission of the Euro­
           pean Communities,
           and on behalf of the Government of the Republic of the Gambia by :
           Mr Ebon Taal, charge d'affaires ad interim at the mission of Gambia to the European
           Economic Community.