CELEX: 51973PC1712
Language: en
Date: 1973-10-12 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Republic of Senegal for the supply of common wheat as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1712
Vol. 1973/0295
 ---pagebreak--- Disclaimer
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concernant l'ouverture au public des archives historiques de la Communauté économique
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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
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(73)1712 Final
                                                   Brussels , 12 October 1973
                                        f
                             RECOMMENDATION FOR A
                               COUNCIL DECISION
           on the conclusion of an agreement between the European
             Economic Community and the Republic of Senegal for
                    the supply of common wheat as food aid
                (submitted to the Council by the Commission)
COM(73 ) 1712 Final
 ---pagebreak---                                     - 1 -
 THE COUNCIL OP 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 for pro­
 visional application of the 1971 Food Aid Convention ; whereas that Convention
 has "been applicable since 1 July 1971 ;
-Whereas the Republic of Senegal , by its letter of 7 December 1972 , has
 requested food aid ;
 VJhereas in view of the cereal supply situation in the Republic of Senegal that
 country should be accorded , by way of gift , 10.000 metric tons of common wheat
 under the Community Food Aid Programme for 1972/73 ;
 DECIDAS :
                                      Article 1
"On behalf of the European Economic Community an Agreement , the text vihereof
 is annexed hereto , shall be concluded between the European Economic Community
 and the Repiblic of Senegal for the supply of common wheat as food aid .
                                                                        *
                                      Article 2
 The President of the Council is hereby authorized to designate thqse 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---                        AGREMENT
       BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
            AM) THE REPUBLIC OP SENEGAL
ON THE SUPPLY OP POOD AID IN THE FORM OP COMMO& WHEAT
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                            / •
                                                       on the one hand ,
THE GOVERMENT OP THE REPUBLIC OP SENEGAL ,
                                                       on the other hand ,
HAVE DECIDED to conclude this Agreement and to this end have designated
s.s their plenipotentiaries :
THE COmiC IL OP THE EUROPEAN COMMUNITIES :
TEE CO'Offil.ITT? OP THE REPUBLIC OP SENEGAL :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                 Article I
 As a part of its Pood Aid Programme (cereals ) for 1972/73 ,: the European
-Economic Community shall supply the Republic of Senegal hereinafter referred
 to as the "recipient country", with 10,000 metric tons of common wheat .
                                Article II
 Deliveries will be made in hulk pif to ports of unloading of the recipient
 country .
                                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 IV
"The Tecipient country undertakes to make all necessary arrangements for the
-transport und insurance of the product from ports of unloading to places of
 destination .
                                Article V                    •;
 The recipient country undertakes to use the product received as aid" for pur- .
                                                                         5
 poses of consumption and to apply , for the sale of the product on its market ,
 the prices normally charged on that market for products of comparable quality.
                                    1:                                B.
 The proceeds from this sale , less the normal cost of interior transport and of
 selling the product on the recipient country 's market ,, will he paid into a
 special account in the Central Bank and allocated to the financing of one or
 more development projects 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
 international 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 .
 ---pagebreak---                                         - 3 -
                                     Article VII
The recipient country shall take any measures required to prevents
(i ) The re-export of the product received as aid and of products and
      "by-products resulting from such supplies ;                                        r
(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 resul­
      ting from it .
                                     Article VIII
The recipient country undertakes to inform the European Economic Community
how this Agreement is "being implemented . To this end it shall provide the
Commission of the European Communities with the following information :
(i ) Not 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 completed ;
(ii ) Every three months until the quantities received as aid have "been fully
      used : quantities sold , how they have "been sold , selling prices ; normal
      selling costs on the recipient country 's market ;
(iii)On 15 January every year until the special account has "been fully used :
       (a ) State of this account ( incomings and outgoings on 31 December of the
             preceding year ;                                  -
       (b ) Progress achieved in the project or projects , with an indication of
            {tie total amount of financing undertaken at that stage .
                                     Article IX
At the request of either of them , the Contracting Fatties shall consult each
other on any questions concerning the implementation of this Agreement .
                                              «
                                     Articles X
This Agreement is drawn up in duplicate in the Danish , Dutch , English , French ,
German and Italian languages , each of these texts being equally authentic .
                                                                            • • • /• • •
 ---pagebreak---                ANNEX"  REFERRIMJ TO ITT 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 when the goods are actually
  removed from the slaip , s hold at the port of unloading . The recipient country
   shall "bear all costs subsequent to delivery of the goods , including unloading
   costs ( such as unstowing , hoisting and reception )and any lighterage costs .
  Any demurrage costs or dispatch money at the port of unloading shall "be a
  charge on or for the benefit of the recipient country . The rates and detailed
   arrangements -relating thereto laid down in the contract between the authorized
  agent of the Community referred to in Article 5 and the carrier must have been
  agreed upon in advance by the authorized agent and the receiving agent of the
  recipient country referred to in Article 5 «
                                       Article 2           . '•
  The European Economic Community shall , as soon as possible after the goods
  have been loaded , notify the recipient country of "the ship 's name , the date
  of loading , the quantity and quality of the goods, as recorded at time of
  loading, and the port of unloading .
                                                                            *
                                       Article 3
  The European Economic Community shall inform the recipient country of the
  vessel 's expected date of arrival at the port of -unloading at least ten clear
  days before that date .
  The European Economic Community shall insert in the charter party a clause
  requiring the captain to inform the recipient count y at least 72 hours in
   advance of the vessel 's estimated date of arrival in port .
                                       Article 4
   On delivery of the goods , a tolerance shall be allowed of 5 % less than the
  quantity to be supplied under Article I of the Agreement .
 ---pagebreak---                                  - 2 -
                               Article 5
 To implement the provisions of this Annex , the European . Economic Community
 shall appoint an authorized agent , whose name and address shall be ma.de known
to the recipient country in good time .
 The recipient country shall appoint a receiving agent in each port of unloading ,
whose name and address shall "be made known to the European Economic Community
"before the Agreement is implemented .