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 Mali on the supply of maize and durum wheat as food aid #Agreement between the European Economic Community and the Republic of Mali on the supply of maize and durum wheat as food aid

13 . 12. 73                       Official Journal of the European Communities                     No L 343 /5
                                               COUNCIL DECISION
                                                of 15 October 1973
            concluding the Agreement between the European Economic Community and the Republic
                         of Mali on the supply of maize and durum wheat as food aid
                                                    (73/378/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
            applicable since 1 July 1971 ;
            Whereas the Republic of Mali, by its letter of 18 December 1972, has requested food
            aid ;
            Whereas in view of the grain supply situation in Mali that country should be accorded,
            by way of gift, 15 000 metric tons of maize and 5 000 metric tons of durum wheat under
            the Community Food Aid Programme for 1972/ 1973 ,
            HAS DECIDED AS FOLLOWS :
                                                      Article 1
            The Agreement between the European Economic Community and the Republic of Mali
            for the supply of maize and durum 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 necessary powers to bind the Com­
            munity.
            Done at Luxembourg, 15 October 1973 .
                                                                                   For the Council
                                                                                    The President
                                                                                   I. N0RGAARD
 ---documentbreak--- No L 343 /6                         Official Journal of the European Communities                            13 . 12 . 73
                                                    AGREEMENT
              between the European Economic Community and the Republic of Mali on the supply
                                       of maize and durum wheat as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
              of the one part,
              THE GOVERNMENT OF THE REPUBLIC OF MALI ,
              of the other part,
              HAVE DECIDED to conclude this Agreement and to this end have designated as their Pleni­
              potentaries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE GOVERNMENT OF THE REPUBLIC OF MALI :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                                                   Article V
As part of its Food Aid Programme ( Cereals) for
1972/73 , the European Economic Community herein­             The recipient country undertakes to use the product
after called 'the Community' shall supply 15 000              received as aid for purposes of consumption and to
metric tons of maize and 5 000 metric tons of durum           distribute the goods received free of charge except for
wheat in the form of 3 164 metric tons of durum               5 000 metric tons of maize which may be sold on the
wheat meal as a gift to the Republic of Mali, herein­         local market at prices normally obtaining on that
after referred to as the 'country of destination'.            market for goods of comparable quality.
                         Article 11                           The proceeds from this sale, less the cost of the nor­
                                                              mal cost of selling the product on the recipient coun­
Deliveries shall be made to a place of destination to         try's market, will be paid into a special account at
be determined by agreement between the country of             the Central Bank of that country or at a bank con­
destination and the European Economic Community.              trolled by the State and allocated to the financing of
                                                              one or more development schemes proposed by the
                                                              recipient country and approved by the Community.
                        Article 111
The obligations and responsibilities of the Com­
                                                                                     Article VI
munity and of the recipient country relating in parti­
cular to delivery and the taking of delivery are defined
in the Annex, which forms an integral part of this            The Contracting Parties undertake to implement this
Agreement.                                                    Agreement in such a way as to avoid any prejudice to
                                                              the normal structure of domestic production and
                        Article IV                            international trade. To this end they shall take any
                                                              measures required to ensure that aid supplies are in
The recipient country undertakes to make all neces­           addition to, and do not replace, commercial trans­
sary arrangements for the transport and insurance of          actions which might reasonably be expected in the
the goods as from the place of destination .                  absence of such supplies.
 ---pagebreak--- 13 . 12. 73                             Official Journal of the European Communities                                    No L 343 /7
                          Article VII                                       (b ) quantities sold, how they have been sold, sel­
                                                                                  ling prices ; normal selling costs on the reci­
The recipient country shall take all appropriate mea­                             pient country's market;
sures to prevent :
                                                                       3 . on 15 January every year until the special account
— the re-export of the product received as aid and                          has been fully used :
     of products resulting from such supplies ;                             ( a ) state of this account (deposits and with­
— the export, commercially or otherwise, within six                               drawals) as at 31 December of the preceding
     months of the last delivery, either of the product                           year ;
     obtained locally and of the same nature as the                         ( b ) progress achieved in the project or projects,
     product received as aid or of any products resul­                            with an indication of the total amount of
      ting from it.                                                               financing carried out at that stage .
                          Article VIII                                                            Article IX
The recipient country undertakes to inform the Com­                    The country of destination shall take all measures
munity how this Agreement is being implemented. To                     necessary to enable persons duly authorized by the
this end it shall provide the Commission of the                        Community to follow the progress of operations car­
European Communities with the following informa­                       ried out in pursuance of this Agreement on the spot.
tion :
                                                                                                  Article X
1 . not later than 30 days after delivery is taken of
     each consignment : port and date of taking de­                    At the request of either of them, the Contracting
     livery ; nature, quantity and quality of the goods                Parties shall consult each other on any questions
     of which delivery has been taken ;                                concerning the implementation of this Agreement.
2 . every three months until the quantities received                                              Article XI
     as aid have been fully used :
                                                                       This Agreement shall be drawn up in duplicate in
     ( a) the quantities distributed, the number and                   the Danish, Dutch, English, French, German and
          type of recipients and the places, the rate and              Italian languages, each of these texts being equally
          the method of distribution ;                                  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 actually arrive at the place of destination.
               The country of destination shall pay costs for taking delivery of the goods , any transhipment costs
                and all costs subsequent to delivery .
                Any costs resulting from delays in taking delivery which are attributable to the country of destina­
               tion shall be borne by the latter.
                                                               Article 2
               The Community shall notify the country of destination as soon as possible of the means of
               transport to be used to carry the goods to the place of destination, the means of shipment to be
               used during the intermediary phases, the date of loading and the quantity and quality of the goods
               as recorded on shipment from the Community
                                                               Article 3
               The Community shall inform the country of destination of the expected date of arrival of the
               goods at the place of destination in good time before that date. It shall confirm that date at least
               two days in advance .
                                                              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 /8                       Official Journal of the European Communities                               13 . 12. 73
                                                        Article 5
            To implement 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 at each place of delivery, 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 Mali on the supply of food aid
            The Agreement between the European Economic Community and the Republic of Mali
            on the supply of maize and durum wheat as food aid, which the Council decided to
            conclude on 15 October 1973 , was signed in Brussels on 6 November 1973
            on behalf of the Council of the European Communities, by Mr Niels Ersboll, Am­
            bassador Extraordinary and Plenipotentiary, Chairman of the Permanent Represen­
            tatives 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 Mali, by Mr Alioune Sissoko, Am­
            bassador, Representative of that country to the European Economic Community.
 ---documentbreak--- NA ---documentbreak--- No L 343 /8                       Official Journal of the European Communities                               13 . 12. 73
                                                        Article 5
            To implement 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 at each place of delivery, 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 Mali on the supply of food aid
            The Agreement between the European Economic Community and the Republic of Mali
            on the supply of maize and durum wheat as food aid, which the Council decided to
            conclude on 15 October 1973 , was signed in Brussels on 6 November 1973
            on behalf of the Council of the European Communities, by Mr Niels Ersboll, Am­
            bassador Extraordinary and Plenipotentiary, Chairman of the Permanent Represen­
            tatives 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 Mali, by Mr Alioune Sissoko, Am­
            bassador, Representative of that country to the European Economic Community.