CELEX: 51973PC0729
Language: en
Date: 1973-05-16 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Republic of Mali for the supply of flour of common wheat and sorghum (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 729
Vol. 1973/0142
 ---pagebreak--- Disclaimer
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concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES "
                                                          COM(73)729 final
                                                          Brussels . 16 May 1973
                     RECOMMENDATION FOR A COUNCIL DECISION
             on the conclusion of an agreement "between the European
             Economic Community and the Republic of Mali for the
             supply of flour of common wheat and sorghum
                  (submitted to the Council trr the Commission)
  CO!!(73) 729 final
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
and in particular Articles 113 , 114 and 228 theueofj
Having regard to the Recommendation from the Commission !
Whereas the European Economic Community has deposited a Declaration for pro­
visional application of the 1971 Pood Aid Convention ? whereas that Convention
has "been applicable sinoe 1 July 1971 ?
Whereas the Republic of Mali by its letter of 29 December 1971 » has requested
food aidf
Whereas in view of the cereal supply situation in the Republic of Mali 'that
country should be accorded , by way of gift , 10 000 metric tons of cereals under
the Community Pood Aid Programme for 1971/72 j
DECIDHBi
                                     Article 1
On behalf of the European Economic Community an agreement , the text whereof
is annexed hereto , shall be concluded between the European Economic Community
and the Republic of Mali for the supply of flour of common wh<£at and sorghum as
food aid .
                                     Article 2
The President of the Council is hereby authorised to designate those who are
to sign the agreement and to confer on them the requisite powers to bind the
Community .
Done at Brussels ,            19 ...                     For the Council
                                                          The President
 ---pagebreak---                              AGREE'-ÎEOT
BETWEEN" THE EUROPEAN ECOUDKEC CSMUITITY AM) THE REPUBLIC ©P MALI
                COHCERiJUTG THE SUPPLY AS FOOD AID
                             CF CEREALS
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                                      on the one pari:.
THE GOVERHEMENT OP THE REPUBLIC OP MALI
                                                      on "the other part ,
HAVE DECIDED to conclude this Agreement and to this end have designated as
their plenipotentiaries :
THE COUNCIL OP THE EUROPEAN COMMUNITIES t
THE GO^TERHICTT OP THE REPUBLIC OP MALI J
WHO HAVE AGREED AS FOLLOWS t
 ---pagebreak---                                     Article I
As a part of its Pood Aid Programme (Cereals ) for 1971/72 , the European
Economic Community shall supply the Republic of Mali , hereinafter referred
to as the "recipient country*, with 5 000 metric tons of sorghum and 5 000
metric tons of common wheat in the form of 3 311 metric tons of flour of '
common wheat *
                                    Article II
Deliveries will "be made free-at-frontier of Mali in new jute sacs for the
sorghum and new coton sacs for the flour of common wheat with a net weight
of 50 kg each .
                                    Article III
The obligations and responsibilities of the European Economic Community and
of the recipient country relating to delivery and the taking of delivery are
defined in the Annex , which forms an integral part of this Agreement .
                                    Article Tv
The recipient country undertakes to make all necessary arrangements for the
transport and insurance of the product from plcices of taking' over to places
of destination .                 L
                                    Article V
The recipient country undertakes to use the product received as aid for por–
poses of consumption and "to apply , for the said of the product on its market ,
the prices normally charged on that market for products of comparable quality
 ---pagebreak--- The proceeds from this Sale , less the cost of sea transport , insurance and the
normal cost of selling the product on the recipient country 's market , will "be
paid into a special account and allocated to the financing of one or more
development schemes which have already "been proposed "by the recipient country
and approved "by the European Economic Community .
                                     Article VI
The Contracting Parties undertake to implement this Agreement in such a way as
to avoid any prejudice to the normal structure of domestic production and inter­
national trade * To this end they shall take any measures required to ensure that
aid supplies are in addition to , and do not replace , "business transactions which
might reasonably "be expected in the absence of such supplies .
                                     Article vil
The recipient , country shall take any measures required to prevent :
(i )  The re-export of the product received as aid and of products and by-products
      resulting from such supplies ;
(ii ) The export , commercially or otherwise , within six months of the last delivery,
 '    either of' the product obtained locally and of the same nature as the product
      received as aid or of any products or by-products resulting from it .
                                     Article VIII
The recipient country undertakes to inform the European Eoonomic Community how
this Agreement is being implemented. To this end it shall provide the Commission
of the European Communities with the following informations
 ---pagebreak--- (i )   5bt later than thirty days after the unloading of each cargo s ports
        and dates of arrival of the vessel ; nature , quantity and quality of
        the products unloaded ; date on which unloading was conpleted ;
(ii )   Every three ncnths until the quantities received as aid have "been
        fully used : quantities sold, how they have been sold , selling prices ;
       nerval selling costs on the recipient country 's carket ;
(iii ) On 15 January every year until the special account has "been fully used
        (a) State of this account (incosirgs and outgoings ) on 31 Eeceriber of
            the preceding year ;
        (") Progress achieved in the project or projects , with an indication
            of the tctal araount of financing undertaken at thst–stage.
                                   --tirle TT
At the request ox either of then, the Contracting Parties shall consult each
other on any questions concerning the inp1eraentation of this Agreement .
Th.is Agreement is draxn up in duplicate in the Danish, Dutch, Siglish, Franch
Gercan and Italian languages , each of these texts 'being equally authentic .
 ---pagebreak---              ANNEX REFERRED TO HT ARTICLE III OP THE AGREEMENT
                                Article 1
Delivery shall be effected and risks shall pass from the European Economic
Community to the recipient country at the moment ^at which "the ^ goods- actually
cross the frontier of the recipient country .
The recipient country shall pay all costs of taking delivery of the goods , .
any transshipment costs and all costs subsequent to delivery .
Any costs resulting from delays in taking delivery which arfe attributable
to the recipient country shall be borne by the latter .
                                Article 2
The European Economic Community shall notify the recipient country, as soon
as possible after the goods have left the port of loading , of the date of '
loading , the quantity and quality of the goods as recorded at loading , the
port of unloading and the means of. land transport used to transfer the goods
to the place of delivery .
                                Article 3
The European Economic Community shall inform the recipient country of the
estimated date of arrival of the goods at the place of delivery at least
ten clear days before that date .
 ---pagebreak--- The European Economic Community shall "be obliged to inform the recipient
country at least two days "beforehand of the probable date of arrival of
the goods at the place of delivery .
On delivery a tolerance of 5    less than the quantity of flour of common
wheat and sorghum to be supplied under Article I of the Agreement is per­
mitted .
                                Article 5
To implement the provisions of this Annex , the European Economic Community
shall appoint an authorized agent , whose name and address shall be made known
in good time to the recipient country .
The recipient country shall appoint a receiving agent at each place of
delivery , whose name and address shall be made known to the European
Economic Community before the Agreement is implemented .