CELEX: 51973PC1536
Language: en
Date: 1973-09-12 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Republic of Mali for the supply of grain as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1536
Vol. 1973/0267
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Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
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,
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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
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(73)1536 Final
                                                       Brussels . 12 September 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 grain as food aid
                   ( submitted to the Council by the Commission)
  001(73)1536 Final
 ---pagebreak---                                    -2-                  νΐΙΙ/90ΐ(73 ) Βφ-Ε
THE COUNCIL OP THE EUROPEAN COIMUITITIES ,
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 dec! aration . of
provisional application of the Food Aid Convention of 1971 ;  whereas
that Convention has "been in force since 1 July 1971 ;
Whereas by letter of 13 December 1972 the Republio of Mali submitted a
request for food aid ;
Whereas , in view of the cereal supply situation in the Republic of Mali ,
that country should be granted a gift of 20 000 metric tons of grain
comprising 15 000 metric tons of maize and 5 000 notric tons in the
form of 3 164 metric tons of common wheatmeal under the Community Pood
Aid Progrsjnme for 1972/73 ;
HAS DECIDED THATi
                                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 soft
wheat as food aid .
                                Article 2
The President of the Council is hereby authorized 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 . •               Pbr the Council
                                             The President
 ---pagebreak---                                            VIII/901(73)B4-E
               AGKEEMEWT
BETWEEN THE EUROPEAN ECONOMIC COI-DTUITITT
       AtTD THE REPUBLIC OP MALI
       FOR THE SUPPLY OP GRAIN
              AS POOD AID
 ---pagebreak---                                   -2-                  VIU/901 ( 73 ) B-4
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                                of the one part .
THE GOVERNMENT OP THE REPUBLIC OP MALI , '
                                               of the other part ,
RIVE DECIDED to conclude this Agreement and to this end have designated
as their plenipotentiaries ;
THE COUNCIL OP TIE EUROPEAN COMMUNITIES :
THE GOVEHHI-SNT OP THE REPUBLIC OP MALI :
WHO HAVE AGREED AS FOLLOWS :      '    '
 ---pagebreak---                                   -3-                    VIÏI (90B. (73")B4-J3
                              ARTICLE I
As part of its Pood Aid Programme (Cereals) for 1971 /72 , the European
Economic Community shall supply 20 000 metric tons of grain comprising
15 000 metric tons of maize and 5 000 metric tons in the fora of 3 164
metric tons of common wheat meal as a gift to the Republic of Mali ,
hereinafter referred to as the " country of destination".
                              ARTICLE   II
Deliveries shall "be made to a place of destination to he determined "by
agreement between the country of destination      and the European Economic
Community.
                              ARTICLE III
The obligations and responsibilities of the European Economic Community
and of the oountry of destination relating to delivery and the taking
of delivery are defined in the Annex which forms an integral part of
this agreement .
                              ARTICLE   IV
The country of destination undertakes to make all necessary arrangements
for the transport and insurance of the goods from the place of
destination .
                              ARTICLE    V
The countiy of destination undertakes to use for purposes of consumption
the goods received as aid .    The country of destination shall distribute
the maize received as aid free of charge except for 5 000 metric tons
which may be sold on the local market at prices normally obtaining on
 that market for goods of comparable quality .
 The proceeds of such sale , less normal marketing costs incurred on the
 local market ( excluding inland transport costs ) shall be paid into a
 special account with the Central Bank or a bank tinder State supervision
 to form a fund for the financing of one or more development projects
 previously submitted by the country of destination and approved by the
 European Economic Community.
 ---pagebreak---                                     -4-                   VHI/ 901 (73 )B4-E
                               ARTICLE  71
The Contracting Parties undertake to implement this Agreement in such
                      all detriment to the noiraal 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 to take place in the absence of such supplies .
                               ARTICLE VII      '     '
The country of destination shall take all such measures as are requisite
to prevent :
-   the re-export of the product received as aid and of products
    obtained from such supplies ;
-   the export , commercially or otherwise , within six months of the
    last delivery , either of the locally obtained product being of
    the same kind as that received as aid , or of any product processed
    therefrom .
                                ARTICLE VIII. .
The country of destination undertakes to inform the European Economic
Community as to how this Agreement is implemented. To this end , it shall
provide the Commission of the European Communities with the following
 information.
 - not more than thirty days after delivery is taken of each consignment :
    - the place and date of taking delivery; nature, quantity
       and quality of the goods of which delivery has been tak«zif
 -   every three months until the quantities received as aid have been
     fully used :
     - the quantities distributed , the number and type of recipients and
       the places , the rate and the method of distribution;
 - the quantities sold , the method of marketing employed and price
     at which sold ;
 -   every year on 15 January until the exhaustion held in the special
     account :
 ---pagebreak---                                  -5-                   VIII/901 (73)B4-E
- position of the account ( receipts and payments ) at 31 December of the
  preceding year ;
- state of progress of the project(s), indicating total financing expenses
  to date . . ' •  .
                              ARTICLE IX
The country of destination shall take all measures necessary to enable
persons duly authorized "by the European "Economic Community to follow
on. the spot the progress of operations carried out in pursuance of this
Agreement#
                              ARTICLE X
The Contracting Parties shall at the request of either of them consult
each other concerning any questions touching the implementation of this
Agreement#
                              ARTICLE XI
This Agreement is drawn up m duplicate m the Danish, Dutch , English,
French, German and Italian languages , each of these texts being equally
authentic .
 ---pagebreak---                                                         ΥΙΙΙ/901(73)ΒΨ-Ε
            MEEK REFERRED TO HT ARTICLE III OP THE AGREEMENT
                              Article   1
Delivery shall be treated as talcing place and the risks shall pass
from the European Economic Community to the country of destination at
the moment when the goods actually arrive at the place of destination.
The country of destination shall bear all costs for reception of goods ,
                                             ■ *■
any trans-shipment costs and all other costs subsequent to delivery.
Any costs incurred as a result of delay attributable to the country
of destination in taking delivery of the goods shall be borne by that
country.
                              Article   2
The European Economic 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 European Economic Community shall inform the country of destination
in good time of the expected date of arrival of the goods at the place
of destination. .
The European Economic Community shall inform the country of destination ,
at least two days in advance , of the date of arrival of the goods at the
place of destination.
                             Article  4
On delivery of the goods , a tolerance of    less than the quantity to
be supplied under Article I of the Agreement shall be allowed.
 ---pagebreak---                                   -2-                     VIIl/901 (73)B4–E
                              Article  5
For purposes of the implementation of the provisions of this Annex the
European Economic Community shall appoint - an agent , whose name and
address it shall in good time communicate to the country of destination.
             r .
The country of destination shall appoint a receiving agent in each
place of delivery whose name and address it shall communicate to the
European Economic Community before the Agreement is implemented.