CELEX: 
Language: en
Date: 1974-01-28 00:00:00
Title: Council Decision of 15 October 1973 concluding the Agreement between the European Economic Community and the Kingdom of Morocco on the supply of common wheat as food aid #Agreement between the European Economic Community and the Kingdom of Morocco on the supply of common wheat as food aid

No L 23/22                      Official Journal of the European Communities                       28 . 1 . 74
                                            COUNCIL DECISION
                                              of 15 October 1973
           concluding the Agreement between the European Economic Community and
               the Kingdom of Morocco on the supply of common wheat as food aid
                                                  (74/23/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 appli­
           cable since 1 July 1971 ;
           Whereas the Kingdom of Morocco, by its letter of 8 July 1971 , has requested food aid ;
           Whereas in view of the cereal supply situation in Morocco that country should be
           accorded, by way of gift, 25 000 metric tons of common wheat under the Community
           Food Aid Programme for 1971 /72,
           HAS DECIDED AS FOLLOWS :
                                                    Article 1
           The Agreement between the European Economic Community and the Kingdom of
           Morocco for the supply of common wheat as food aid, the text of which 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, 15 October 1973.
                                                                      For the Council
                                                                        The President
                                                                       I. N0RGAARD
 ---documentbreak--- 28 . 1 . 74                         Official Journal of the European Communities                         No L 23 /23
                                                    AGREEMENT
              between the European Economic Community and the Kingdom of Morocco on the
                                         supply of common wheat 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
              Plenipotentiaries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              ] HE GOVERNMENT OF THE KINGDOM OF MOROCCO :
              WHO HAVE DECIDED AS FOLLOWS :
                         Article 1                             It undertakes to exercise the greatest possible care
                                                               to ensure that the tendering arrangements for the
As a part of its Food Aid Programme ( Cereals ) for            transport by sea are not prejudicial to the free play
1971 /72, the European Economic Community, here­               of fair competition. Any problems arising in this
inafter referred to as the ' Community', shall supply          connection shall be the subject of consultations
the Kingdom of Morocco, hereinafter referred to as             under Article IX .
the 'recipient country', with 25 000 metric tons of
common wheat .
                         Article 11
                                                                                      Article V
Deliveries will be made in bulk fob to Community
ports .
                                                               The recipient country undertakes to use the product
                        Article III                            received as aid for purposes of consumption and to
                                                               apply, for the sale of the product on its market, the
The obligations and responsibilities of the Commu­             prices normally charged on that market for
nity and of the recipient country relating in parti­           products of comparable quality.
cular to delivery and the taking of delivery are
defined in the Annex, which forms an integral part
of this Agreement.                                             The proceeds from this sale, less the cost of sea
                                                               transport and insurance and the normal cost of
                         Article IV                            selling the product on the recipient country's
                                                               market, shall be paid into a special account at the
The recipient country undertakes to make all neces­            Central Bank of that country and allocated to the
sary arrangements for the transport and insurance              financing of one or more development schemes
of the product from ports of shipment to places of             proposed by the recipient country and approved by
destination .                                                  the Community.
 ---pagebreak--- No L 23 /24                           Official Journal of the European Communities                                  28 . 1 . 74
                         Article VI                                sion of the European              Communities with the
                                                                   following information :
The Contracting Parties undertake to implement
this Agreement in such a way as to avoid any preju­                1 . not later than 30 days after the unloading of
dice to the normal structure of domestic production                     each cargo : port and date of arrival of the
and international trade. To this end they shall take                    vessel ; nature, quantity and quality of the
any measures required to ensure that aid supplies                       products unloaded ; date on which unloading
are in addition to, and do not replace, commercial                      was completed ;
transactions which might reasonably be expected in
the absence of such supplies. In particular, the recip­            2 . every three months until the quantities received
ient country undertakes to import commercially                          as aid have been fully used : quantities sold, how
from whatever source between 1 July 1973 and 30                         they have been sold, selling prices ; normal
June 1974 a minilmum quantity of 200 000 metric                         selling costs on the recipient country's market ;
tons of common wheat or its equivalent in flour of
common wheat.
                                                                   3 . on 15 January every year until the special
                                                                         account has been fully used :
                         Article VII
                                                                          ( a) state of this account ( lodgments and with­
The recipient country shall take all appropriate                                drawals) as at 31 December of the preceding
measures to prevent :                                                          year ;
— the re-export of the product received as aid and                       ( b) progress achieved in the project or projects,
     of products and by-products resulting from such                           with an indication of the total amount of
     supplies ;                                                                financing carried out at that stage.
 — the export, commercially or otherwise, within                                               Article IX
     six months of the last delivery, either of the
     product obtained locally and of the same nature                At the request of either of them, the Contracting
      as the product received as aid or of any product              Parties shall consult each other on any questions
     of first-stage processing or by-products resulting             concerning the implementation of this Agreement.
     from it.
                                                                                                Article X
                         Article VIII
                                                                    This Agreement shall be drawn up in duplicate in
 The recipient country undertakes to inform the                     the Danish, Dutch, English, French, German and
 Community how this Agreement is being imple­                       Italian languages, each of these texts being authen­
 mented. To this end it shall provide the Commis­                   tic .
                                                            ANNEX
                                       Provisions laid down in Article III of the Agreement
                            Article 1                                Any demurrage or dispatch money at the port of ship­
  Delivery shall be effected and all risk shall pass from the        ment shall be a charge on or for the benefit of the
  Community to the country of destination at the moment              Community and shall be determined before the vessel
  at which the goods have been placed in the ship's hold             sails. The rates and detailed arrangements relating
  at the port of shipment.                                           thereto laid down in the contract between the coumcry of
                                                                     destination and the carrier must have been agreed upon
  The country of destination shall bear all costs subsequent          in advance by the agent of the country of destination
  to delivery of the good's, including costs of stowage and ,         and the authorized agent of the Community referred to
  where appropriate, of trimming and bagging.                         in Article 9 .
 ---pagebreak---   28 . 1 . 74                          Official Journal of the European Comhiunities                               No L 23 /25
                           Article 2                              loading on a vessel of suitable tonnage cannot be put on
                                                                  board in its entirety because of circumstances beyond the
 The Community shall notify the country of destination            control of the Community, the balance shall be loaded
 in good time of the port or ports of shipment, the quanti­       onto the next vessel under the conditions laid down in
 ties to be delivered at each port, the period within which       this Annex.
 loading must begin, and the daily loading rate.
                                                                  In this event, until the date of loading of the balance or
                           Article 3                              until the country of destination gives notice in writing
                                                                  that it gives up the balance, the goods shall be held at the
 The Community shall be prepared to load the goods on             expense, risk and peril of the country of destination.
the date resulting from the instructions in Article 8,
whereon the vessel shall1 be ready for loading.                   The country of destination must notify the Community
                                                                  within a maximum period of 30 clear days from the
                           Article 4                              beginning of loading of the shipment to which the goods
                                                                  should have belonged, of the date on which loading of
On delivery of the goods a tolerance of 5 % less than             the balance is due to begin or of its renunciation of the
the quantity to be supplied in accordance with Article I          balance .
of the Agreement is permitted.
                                                                 If this obligation is not respected, the Community may
                           Article 5                              consider that it has discharged its commitment to the
                                                                 country of destination under Article I of the Agreement.
Once the goods are on board the vessel, the Community
shall notify the country of destination of the date of
loading, together with the quantity and quality of the                                        Article 8
goods as recorded on loading.
                                                                 The country of destination shall name for the Commu­
                           Article 6
                                                                 nity the vessel that is to ship the goods at least 10 clear
                                                                 days prior to the estimated date of arrival of the vessel
The country of destination shall supply the Community,           in port or, where possible, 20 clear days prior to this
within the period referred to in Article 2, with a vessel         date, and shall at the same time indicate how soon after
of dimensions corresponding to the normal loading                 that date the vessel wilil be ready for loading.
potential of the port of shipment.
                                                                 The country of destination shall insert in the charter
Should it prove impossible for the vessel to begin               party a clause requiring the captain to inform the
loading within the period referred to in Article 2 and           Community at least 72 hours in advance, of the vessel's
should the country of destination not have notified the          estimated date of arrival in port.
Community of this fact in writing at the latest by the
date on which the vessel should be ready for loading in
accordance with Article 8, the goods shall be at the                                          Article 9
disposal of ithe Community,
                                                                 To implement this Annex, the Community shall appoint
Whatever the circumstances, the goods shall foe held at          an authorized agent, whose name and address it shall
the expense, risk and peril of the country of destination .      make known in good time to the country of destination.
                           Article 7                             The country of destination shall nominate a receiving
                                                                 agent in each port of shipment, whose name and address
Should the country of destination fail to provide a vessel       it shall make known to the Community before the Agree­
of suitable tonnage or if the quantity made available for        ment is implemented.
 ---documentbreak--- NA ---documentbreak--- No L 23 /26                       Official Journal of the European Communities               28 . 1 . 74
            Information on the signing of the Agreement between the European Economic Commu­
                           nity and the Kingdom of Morocco on the supply of food aid
            The Agreement between the European Economic Community and Morocco on the
            supply of common wheat as food aid which the Council decided to conclude on 15
            October 1973 was signed in Brussels on 5 November 1973 on behalf of the Council
            of the European Communities by :
            Mr Niels Ersbøll, Ambassador Extraordinary and Plenipotentiary, Chairman of the
            Permanent Representatives Committee, and
            Mr Hans-Broder Krohn, Director-General for Development and Cooperation of the
            Commission of the European Communities, and on behalf of the Government of
            Morocco by :
            Mr Benkirane, Ambassador Extraordinary and Plenipotentiary, Head of its Repre­
            sentation to the European Communities.