CELEX: 
Language: en
Date: 1974-07-19 00:00:00
Title: Council Decision of 4 June 1974 on the conclusion of the Agreement between the European Economic Community and the Republic of Senegal on the supply of maize as food aid #Agreement between the European Economic Community and the Republic of Senegal on the supply of maize as food aid

19 . 7. 74                      Official Journal of the European Communities                         No L 196/5
                                             COUNCIL DECISION
                                                 of 4 June 1974
           on the conclusion of the Agreement between the European Economic Community
                       and the Republic of Senegal on the supply of maize as food aid
                                                 (74/355 /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 by its letter of 9 November 1973 , the Republic of Senegal has requested food
           aid ;
           Whereas in view of the grain supply situation in Senegal that country should be
           accorded, by way of gift, 15 000 metric tons of maize under the Community Food Aid
           Programme ( Cereals) for 1973/74,
           HAS DECIDED AS FOLLOWS :
                                                    Article 1
           The Agreement between the European Economic Community and the Republic of
           Senegal on the supply of maize as food aid, the text thereof 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
           Community.
           Done at Luxembourg, 4 June 1974.
                                                                          For the Council
                                                                           The President
                                                                             J. ERTL
 ---documentbreak--- No L 196/6                          Official Journal of the European Communities                              19 . 7. 74
                                                     AGREEMENT
              between the European Economic Community and the Republic of Senegal on the
                                               supply of maize as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              of the one part,
              THE GOVERNMENT OF THE REPUBLIC OF SENEGAL,
              of the other part,
              HAVE DECIDED to conclude this Agreement and to this end have designated as their
              plenipotentiaries:
              THE COUNCIL OF THE EUROPEAN COMMUNITIES:
              THE GOVERNMENT OF THE REPUBLIC OF SENEGAL :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                                                    Article V
As part of its Food Aid Programme (Cereals) for                 The country of destination undertakes to use the
1973/74, the European Economic Community,                       product received as aid for purposes of consumption
hereinafter called the 'Community', shall supply                and to distribute this product free of charge to
15 000 metric tons of maize as a gift to the Republic           people in need.
of Senegal, hereinafter referred to as the 'country of
destination'.
                                                                                      Article VI
                         Article II
                                                                The Contracting Parties undertake to implement this
Deliveries shall be made in new jute bags with a net            Agreement in such a way as to avoid any prejudice
weight of 50 kg each, free to a place of destination            to the normal structure of domestic production and
to be determined by agreement between the country               international trade. To this end they shall take any
of destination and the Community.                               measures required to ensure that aid supplies are in
                                                                addition to, and do not replace commercial
                        Article III
                                                                transactions which might reasonably be expected in
                                                                the absence of such supplies.
The obligations and responsibilities of the
Community and of the country of destination                                           Article VII
relating in particular to delivery and the taking of
delivery are defined in the Annex, which forms an               The country of destination shall take all appropriate
integral part of this Agreement.                                measures to prevent :
                        Article IV                             — the re-export of the product received as aid and
                                                                    of products and by-products resulting from such
The country of destination undertakes to make all                   supplies;
necessary arrangements for the transport and
insurance of the goods as from the place of                    — the export, commercially or otherwise, within six
destination.                                                        months of the last delivery, either of the product
 ---pagebreak--- 19 . 7 . 74                           Official Journal of the European Communities                               No L 196/7
     obtained locally and of the same nature as the                 Community to follow the progress of operations
     product received as aid or of any products and                 carried out in pursuance of this Agreement on the
     by-products resulting from it.                                 spot.
                         Article Vlll
                                                                                             Article X
The country of destination undertakes to inform the
Community how this Agreement is being
implemented. To this end it shall provide the                       At the request of either of them, the Contracting
Commission of the European Communities, every                       Parties shall consult each other on any questions
three months until the quantities received as aid have              concerning the implementation of this Agreement.
been fully used, reports indicating in particular the
quantities distributed, the number and type of
recipients and the places, rate and method of
 distribution.                                                                              Article XI
                          Article IX                                This Agreement shall be drawn up in duplicate in
                                                                    the Danish, Dutch, English, French, German and
 The country of destination shall take all measures                 Italian languages, each of these texts being equally
 necessary to enable persons duly authorized by the                 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 all 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
               destination 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 °/o less than the quantity laid down under Article I of the
               Agreement is permitted.
                                                           Article S
               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.
 ---pagebreak--- No L 196/ 8                      Official Journal of the European Communities                             19 . 7. 74
            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.
                                                      Article 6
            On delivery of the goods the country of destination shall hand to the authorized agent of the
            European Economic Community a taking-over certificate, stating the place and date of taking
            over, the nature and the quantity as well as any observations about the quality of the goods.
            It shall send a copy thereof to the Commission of the European Communities.
            Information concerning the signing of the Agreement between the European Economic
                        Community and the Republic of Senegal on the supply of food aid
            The Agreement between the European Economic Community and Senegal on the
            supply of maize as food aid, which the Council decided to conclude on 4 June 1974,
            was signed in Brussels on 5 June 1974 on behalf of the Council of the European
            Communities bv :
            Mr Ulrich Lebsanft, Ambassador Extraordinary and Plenipotentiary, Chairman of the
            Permanent Representatives Committee, and
            Mr Hans-Broder Krohn, Director-General            for   Development     and    Cooperation,
            Commission of the European Communities, and on behalf of the Government of
            Senegal by :
            Mr Seydina Oumar Sy, Ambassador, Representative of Senegal to the European
            Communities.
 ---documentbreak--- NA ---documentbreak--- No L 196/ 8                      Official Journal of the European Communities                             19 . 7. 74
            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.
                                                      Article 6
            On delivery of the goods the country of destination shall hand to the authorized agent of the
            European Economic Community a taking-over certificate, stating the place and date of taking
            over, the nature and the quantity as well as any observations about the quality of the goods.
            It shall send a copy thereof to the Commission of the European Communities.
            Information concerning the signing of the Agreement between the European Economic
                        Community and the Republic of Senegal on the supply of food aid
            The Agreement between the European Economic Community and Senegal on the
            supply of maize as food aid, which the Council decided to conclude on 4 June 1974,
            was signed in Brussels on 5 June 1974 on behalf of the Council of the European
            Communities bv :
            Mr Ulrich Lebsanft, Ambassador Extraordinary and Plenipotentiary, Chairman of the
            Permanent Representatives Committee, and
            Mr Hans-Broder Krohn, Director-General            for   Development     and    Cooperation,
            Commission of the European Communities, and on behalf of the Government of
            Senegal by :
            Mr Seydina Oumar Sy, Ambassador, Representative of Senegal to the European
            Communities.