CELEX: 21974A0605(04)
Language: en
Date: 1974-06-04 00:00:00
Title: Agreement between the European Economic Community and the Republic of Mali on the supply of maize as food aid

No L 219/2                           Official Journal of the European Communities                                9. 8 . 74
                                                    AGREEMENT
              between the European Economic Community and the Republic of Mali on the supply
                                                 of maize 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
              potentiaries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE GOVERNMENT OF THE REPUBLIC OF MALI :
              WHO HAVE AGREED AS FOLLOWS :
                          Article I                                                    Article IV
As part of its Food Aid Programme (Cereals) for                 The country of destination undertakes to make all
1973/74, the European Economic Community,                       necessary arrangements for the transport and
hereinafter called the 'Community', shall supply                insurance of the goods as from the place of desti­
20 000 metric tons of maize as a gift to the Republic           nation .
of Mali hereinafter referred to as the 'country of
destination'.
                                                                                        Article V
                         Article 11
                                                                The country of destination undertakes to use for
                                                                purposes of consumption the goods received as aid.
Deliveries shall be made in new jute bags with a net
weight of 50 kg each, free to a place of destination
to be determined by agreement between the country               It shall distribute the quantities received as aid free
of destination and the Community.                               of charge except for 5 000 metric tons of maize which
                                                                may be sold on the market of the country of destina­
                                                                tion at prices normally obtained on that market for
                         Article 111
                                                                goods of comparable quality.
The obligations and responsibilities of the Community           The proceeds from this sale, less the normal cost of
and of the country of destination pelating in parti­            selling the product on the market of the country of
cular to delivery and the taking of delivery are                destination, excluding internal transport costs, will be
defined in the Annex, which forms an integral part of           paid into a special account in the Central Bank of the
this Agreement.                                                 said country or a State-controlled bank and allocated
 ---pagebreak---  9 . 8 . 74                           Official Journal of the European Communities                                No L 219/3
to the financing of one or more development projects              1 . every three months until the quantities received as
which have been proposed by the country of destina­                   aid have been fully used :
tion and approved by the Community.
                                                                      ( a ) the quantities distributed, the number and type
                                                                             of recipients and the places, rate and the
                         Article VI                                          methods of distribution ;
                                                                      ( b) quantities sold, how they have been sold,
The Contracting Parties undertake to implement this                         selling prices ; normal selling costs on the
Agreement in such a way as to avoid any prejudice                            recipient country's market ;
to the normal structure of domestic production and
international trade. To this end they shall take any              2 . on 15 January every year until the special account
measures required to ensure that aid supplies are in                  has been fully used :
addition to, and do not replace commercial trans­
actions which might reasonably be expected in the                     ( a ) state of this account (deposits and withdrawals)
absence of such supplies.                                                    on 3 1 December of the preceding year;
                                                                      (b) progress achieved in the project or projects,
                                                                            with an indication of the total amount of
                         Article VII
                                                                             financing carried out at that stage.
The country of destination shall take all appropriate                                        Article IX
measures to prevent :
— the re-export of the product received as aid and                The country of destination         shall take all measures
      of products and by-products resulting from such             necessary to enable persons         duly authorized by the
      supplies ;                                                  Community to follow the             progress of operations
                                                                  carried out in pursuance of         this Agreement on the
— the export, commercially or otherwise, within six
                                                                  spot.
      months of the last delivery, either of the product
      obtained locally and of the same nature as the
                                                                                             Article X
      product received as aid or of any products and
      by-products resulting from it.
                                                                  At the request of either of them, the Contracting
                                                                  Parties shall consult each other on any questions
                        Article VIII                              concerning the implementation of this Agreement.
The country of destination undertakes to inform the                                          Article XI
Community how this Agreement is being implemen­
ted. To this end it shall provide the Commission of               This Agreement shall be drawn up in duplicate in the
the European Communities with the following                       Danish, Dutch, English, French, German and Italian
information :                                                     languages, each of these texts being equally authentic.
                                                          ANNEX
                                    Provisions laid down in Article III of the Agreement
                          Article 1                              Any costs resulting from delays in taking delivery which
                                                                 are attributable to the country of destination shall be
Delivery shall be effected and all risk shall pass from the      borne by the latter.
Community to the country of destination at the moment
at which the goods actually arrive at the place of desti­
nation .
                                                                                             Article 2
The country of destination shall pay all costs for taking
delivery of the goods, any transhipment costs and all             The Community shall notify the country of destination
costs subsequent to delivery.                                     as soon as possible of the means of transport to be used
 ---pagebreak---  No L 219/4                           Official Journal of the European Communities                                    9. 8 . 74
to carry the goods to the place of destination, the means                                   Article 5
of shipment to be used during the intermediary phases,           To implement this Annex, the Community shall appoint
the date of loading and the quantity and quality of the          an authorized agent, whose name and address it shall
goods as recorded on shipment from the Community.                make known in good time to the country of destination.
                                                                 The country of destination shall appoint a receiving agent
                          Article 3                              at each place of delivery, whose name and address it shall
                                                                 make known to the Community before the Agreement
The Community shall inform the country of destination            is implemented.
of the expected date of arrival of the goods at the place
of destination in good time before that date. It shall                                       Article 6
confirm that date at least two days in advance.
                                                                 On delivery of the goods the country of destination shall
                                                                 hand to the authorized agent of the Community a taking­
                          Article 4                              over certificate, stating the place and date of taking over,
                                                                 the nature and the quantity as well as any observations
On delivery, a tolerance of 5 °/o less than the quantity         about the quality of the goods. It shall send a copy
laid down under Article I of the Agreement is permitted.         thereof to the Commission of the European Community.
             Information on the signing of the Agreement on the supply of food aid between the
                             European Economic Community and the Republic of Mali
              The Agreement between the European Economic Community and Mali on the supply
              of maize as food aid which the Council agreed to conclude on 4 June 1974 was signed
              in Brussels on 5 June 1974 on behalf of the Council of the European Communities by :
              Mr Ulrich Lebsanft, Ambassador Extraordinary and Plenipotentiary ; Chairman of the
              Permanent Representatives Committee, and
              Mr Hans-Broder Krohn, Director-General for Development and Cooperation, Com­
              mission of the European Communities, and on behalf of the Government of Mali by :
              Mr Alioune Sissokp, Ambassador, Representative of Mali to the European Economic
              Community.