CELEX: 21975A0307(04)
Language: en
Date: 1974-12-12 00:00:00
Title: Agreement between the European Economic Community and the Kingdom of Marocco on the supply of butteroil as food aid

No L 62/ 18                         Official Journal of the European Communities                                 7 . 3 . 75
                                                    AGREEMENT
             between the European Economic Community and the Kingdom of Morocco on the
                                            supply of butteroil as food aid
             THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
             of the one part ,
             THE GOVERNMENT OF THE KINGDOM OF MOROCCO ,
             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 KINGDOM OF MOROCCO :
             WHO HAVE AGREED AS FOLLOWS :
                         Article I                              play of fair competition. Any problems arising in
                                                                this connection shall be the subject of consultations
The European Economic Community, hereinafter                    under Article VIII .
referred to as the ' Community', shall supply the
Kingdom of Morocco, hereinafter referred to as the
'country of destination', by way of gift, with 150                                      Article IV
metric tons of butteroil of which the quality and the
packaging conditions are set out in Annex I which               The country of destination undertakes to use the
forms an integral part of this Agreement.                       product received as aid for purposes of consumption
                                                                and to distribute it free of charge to people in need.
                        Article II
                                                                                         Article V
Deliveries will be made in accordance with the
detailed rules set out in Annex II which forms an               The Contracting Parties undertake to implement this
integral part of this Agreement.                                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
                        Article III
                                                                measures required to ensure that aid supplies are in
                                                                addition to, and do not replace, commercial
The country of destination undertakes to make all               transactions which might reasonably be expected in
necessary arrangements for the transport and                    the absence of such supplies .
insurance of the product from point of delivery to
places of destination.
                                                                                        Article VI
It undertakes to exercise the greatest possible care to
ensure that the tendering arrangements for the                  The country of destination shall take all appropriate
transport by sea shall not be prejudicial to the free           measures to prevent :
 ---pagebreak--- 7. 3 . 75                               Official Journal of the European Communities                             No L 62/ 19
— the re-export of the product received as aid and                      observations as to the quality ; date on which
     of products resulting from such supplies ;                          discharge was completed ;
— the export, commercially or otherwise, within six                 2. every three months until the quantities received
     months of the last delivery, either of local produce               as aid have been fully used : quantities distributed ;
     of the same nature as that received as aid or of                   number and type of beneficiaries, place, rate and
      any products resulting from it.                                    method of distribution.
                                                                                           Article VIII
                          Article VII
                                                                    At the request of either of them, the Contracting
The country of destination undertakes to inform the                 Parties shall consult each other on any questions
Community of the mode of implementation of this                     concerning the implementation of this Agreement.
Agreement. To this end it shall provide the
Commission of the European Communities with the                                            Article IX
following information :
                                                                    This Agreement shall be drawn up in duplicate in
1 . immediately after the discharge of each cargo :                 the Danish, Dutch, English, French, German and
     port and date of arrival of vessel ; nature and                Italian languages, each of these texts being
     quantity of the product discharged and any                     authentic .
                                                            ANNEX I
                                                           BUTTEROIL
                                        QUALITY AND PACKAGING REQUIREMENTS
              I. Quality
                   ( a) Product characteristics :
                        Concentrated milk fat containing no less than 99*8 % of pure fats.
                  (b) Standard composition :
                        (Analysis made at time of manufacture and packing)
                        — Moisture and non-fat ingredients of milk : not more than 0-2 %
                        — Fats : not less than 99-8%
                        — Free fatty acids : not more than 0*5 % (expressed as oleic acid)
                        — Peroxide level/kg : not more than 1 unit
                           (in milli equivalents of active oxygen per kg)
                        — Taste : pure
                        — Smell : absence of smell extraneous to butteroil.
              II. Conditions of packaging
                  (a) Metal cans of 20 kg — 1 can per carton
                  (b) Marking on the packaging (in French) :
                        BUTTEROIL — DON DE LA COMMUNAUTE ÉCONOMIQUE EUROPÉENNE
                        AU ROYAUME DU MAROC A DISTRIBUER GRATUITEMENT
 ---pagebreak--- No L 62/20                            Official Journal of the European Communities                                   7. 3 . 75
                                                         ANNEX 11
                                      DELIVERY AND ACCEPTANCE PROCEDURES
                        CHAPTER 1                                The other costs referred to in the first paragraph shall
                                                                 be refunded by the Community only if they have been
                     General provisions                          paid by the country of destination with the approval of
                                                                 the Community.
                          Article 1
                                                                                           Article 5
Delivery shall be effected and all risk shall pass from
the Community to the country of destination at the               Where it is impossible for the Community to supply all
moment at which the goods are put down at the point              or part of the goods on the date and within the time
of exportation named by the Commission of the European           limits provided for in Article 6, the agents of the Com­
Communities at the berth specified by the country of             munity and of the country of destination may, without
destination or its agent referred to in Article 2 and under      prejudice to Article 4, agree on a new date and a new
the terms specified in this Annex. Without prejudice to          time limit for the delivery of all the goods or of the
Articles 7 and 8 the Community shall bear all costs prior        undelivered part thereof.
to delivery and the country of destination all costs after
delivery .                                                                              CHAPTER III
                          Article 2                                        Obligations of the country of destination
For the purpose of implementing the provisions of this                                     Article 6
Annex the Community shall appoint, if necessary for each
consignment, an agent whose name and address it shall            After contacting the Community, the country of
make known to the country of destination immediately             destination shall procure, to transport all the quantities
 following his appointment. For each port of shipment the        provided for in Article I of the Agreement, one or more
country of destination shall appoint an agent whose name         vessels of dimensions corresponding to the normal capacity
and address it shall make known to the Community with            of the port of shipment; these vessels must be ready for
all dispatch and if possible before appointment of the           loading on the date falling within the period referred to
 agent of the Community .                                        in Article 3 .
                          Article 3                              The agent of the country of destination shall inform the
                                                                  Community of this date and of the date for commence­
Before implementing the procedure for appointing the              ment of delivery as soon as he knows them, if possible
 agent of the Community referred to in Article 2, the            20 clear days in advance and in any case 10 clear days
 Commission of the European Communities and the                  before the date for commencement of delivery.
 country of destination shall establish by joint agreement
 the period during which delivery must begin.                    He shall establish with the agent of the Community the
                                                                  schedule according to which delivery shall take place.
                                                                                           Article 7
                        CHAPTER II
                                                                  Where the country of destination is unable to begin
               Obligations of the Community                       loading on the date provided for in the first paragraph
                                                                  of Article 6, the agent of the country of destination shall
                          Article 4                               inform the agent of the Community without delay.
 Where the Community is not in a position to carry out            In this event the agents of the Community and of the
 delivery on the date, and if applicable, according to the        country of destination may agree on a new date for the
 schedule laid down in Article 6, all costs arising for the       commencement of delivery and, if applicable, a new
 country of destination — for example, demurrage, void            schedule. Save in cases of force majeure the costs arising
 freight and dead freight — shall be borne by the Com­            from the delay in loading shall be borne by the country
 munity.                                                          of destination .
 The charges and the arrangements relating to demurrage           Should the new date provided for in the second paragraph
 laid down in the contract concluded between the country          be more than 30 clear days after the date for loading
 of destination and the carrier must have previously been         provided for in the first paragraph of Article 6, the
 agreed by the country of destination and the agent of            Community may dispose of the goods without prejudice
 the Community.                                                   to its commitment under Article I of this Agreement.
 ---pagebreak--- 7. 3 . 75                              Official Journal of the European Communities                              No L 62/21
                          Article 8                               In any event, after an interval of 15 clear days and in the
                                                                  absence of any notice on the part of the country of
Where the quantity intended for loading on a vessel               destination, renunciation shall be deemed to have taken
cannot be loaded on board in its entirety, the country of         place .
destination shall inform the Community as soon as
possible, and no later than 15 clear days after loading
has been completed, whether it intends to accept or to                                     Article 9
renounce the balance.
In the former case the second and third paragraphs of             Upon delivery of the goods, the country of destination
Article 7 shall apply to the balance, if delivery has not         shall hand over to the authorized agent of the Com­
yet taken place.                                                  munity a certificate of acceptance which shall set out the
                                                                  port of shipment, date of acceptance and the nature and
In the latter case the Community may consider that it             quantity of the goods accepted, together with any
has discharged its commitment to the country of desti­            comments on the quality of the goods. A copy of the
nation under Article I of this Agreement and shall bear           certificate  shall  be sent to the Commission of the
the costs resulting from renunciation.                            European Communities.
               Information on the signing of the Agreement between the European Economic Community
                               and the Kingdom of Morocco on the supply of food aid
               The Agreement between the European Economic Community and Morocco on the
               supply of butteroil as food aid, which the Council decided to conclude on
               17 December 1974, was signed in Brussels on 18 December 1974, on behalf of the
               Council of the European Communities by :
               Mr Etienne Burin des Roziers, Ambassador Extraordinary and Plenipotentiary, Chairman
               of the Permanent Representatives Committee, and
               Mr Hans-Broder Krohn, Director-General for Development and Cooperation at the
               Commission of the European Communities,
               and on behalf of the Government of the Kingdom of Morocco by :
               Mr Ahmed Benkirane, Ambassador Extraordinary and Plenipotentiary, Head of that
               country's representation to the European Economic Community.