CELEX: 51974PC1922
Language: en
Date: 1974-11-21 00:00:00
Title: PROPOSAL FOR A COUNCIL DECISION on the conclusion of an Agreement between the European Economic Community and the Kingdom of Morocco for the supply of butteroil as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1922
Vol. 1974/0309
 ---pagebreak--- Disclaimer
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 ---pagebreak---     COMMISSION OF THE EUROPEÀN COMMUNITIES
                                                          COM(74)1922 final
                                                          Brussels , 21 November 1974
                        PROPOSAL FOR A COUNCIL DECISION
                 on the conclusion of an Agreement /between the
            European Economic Community and the Kingdom of Morocco
                     for the supply of butteroil as food aid
                  ( submitted to the Council "by the Commission)
COM(74) 1922 final
 ---pagebreak---   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
  Having regard to the Treaty establishing the European Economic Community
  and in particular Articles 113t 114 and 228 thereof j
  Having regard to the proposal from the Commission,}
  Whereas the 'Council in Regulation (EEC ) no . 530/74 of 4« 3*1974  on the
  supply of butteroil as food aid^licided to make
  butteroil available to
  HAS DECIDED :
                                   Article 1
  An Agreement between the European Economic Community and the Kingdom of Morocco
■ for the supply of butteroil as food aid is hereby concluded on behalf of
  the European Economic Community . The text of the Agreement is annexed to
  this Decision .
                                   Article 2
  The President of the Council is authorized to designate the persons
  empowered to sign the Agreement and to confer on them the powers required
  in order       bind the Community.
  Done at Brussels ,
                                                  For the Council
                                                   The Président
   ( 1 ) O.J. L 65 of 7.3.1974 , p. 1
 ---pagebreak--- ISTIEKIT TIE EUROPEAN ECONOMIC COwKUHITY
  A7JD THE KINGDOM OF MOROCCO
OH THE SUPPLY OP FOOD AID II? TIIE FOJIM OP
             BUTTER 01 L
 ---pagebreak--- THE COUNCIL OP THE EUROrS/JT COMMUNITIES .
                                              of the one part ,
                          .                »■
THE GOVEmniEKT OP THE KINGDOM OP MOROCCO
                                              of the other part ,
HAVE DECID3D to concluded this Agreement and to this end have
designated as their plenipotentiaries :
THE COUÎÎCIL OP THE EUROPEAIT COMIÏUKITIES :
THE G0YER1?IJEIJT OP THE KINGDOM OP MOROCCO :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                    . ■                ARTICH3 I
         <       •                ;                  ; 7."
 The European Economic Commuhity shall supply by way of gift to the
  Kingdom of Morocco            ( hereafter referred to as "the recipient
 country ") a quantity of 150 tonnes of butteroil .
         ...             \      *                        »          •   I
 The quality and packaging conditions are specified in Annex                     I vhich forme an
'integral part of the present Agreement .
                                                               •      "   ■
                                    • /JRTICTJ3 II
 Dolivcries shall be effected under the arrangements provided in Annex                      II vhich
       *
 fornjK an integral part of the present Agreement .
                       •                                                                       •
                                                                                        • >
                                                                 "i
                                      AïïTIOIE III
 The recipient country undertakes to make all necessary arrangements for the
 transport and insxtrance of the' products from point of delivery to places of
 destination .                                  ■ .
 It undertakes to exercise the greatest care to ensure that the tendering arran­
 gements for sea transport do not prejudice the free play of fair competition .
 Any problems arising in this connection shall be the subject of consultations
 tmder Article VIII of the present Agreement .                              .                    „
               «         -                                   .                . .
 • * '                                ARTICI3S . IV
                                      1 - -1 11  1 ■ - 1   1
                                                                  '                '•
 The recipient country raidertakes to use the product received as aid for pur­
 poses of consumption and io distribute it free to the refugee population.
 ---pagebreak---                                        . ARTICIJE V
  The Contracting Parties undertake to implement this Agreement m such a way
  as to avoid any prejudice to the normal structure of national production
  and international trade . To this end they shall take any measures required
  to ensure that supplies as aid are in addition to and do . not replace business
  transactions v/hich' might reasonably be expected in the absence of such supplies .
                   /               ■     '                              s
                                           ARTICLE VI
  The recipient country shall take all steps required tq 'prevent s
  ( i ) the re-export of the product received, as aid and also of any products
     " resulting therefrom ;                                        *
                                     »
  ( ii ) the export , cotfraercially or otherwise ,• within a period of six months
          commencing from the final delivery, either of any product procured
          locally of the saxne nature as that received as aid , or of any products
                                                                                     *
        ; resulting therefroia » .                                    •                  •
                 '   .                     ARTICLE VII
  The recipient country undertakes to inform the European Economic Community
, of how this Agreement is implemented . To this end it shall provide the
  Commission of the European Communities with the following details :
  ( i ) Immediately after the unloading of each cargo : ports and dates of
         arrival of vessel ; nature , quantity and any observations as to the
       . quality of the products unloaded ; date on which unloading v?as completed ;.
• (ii ) Every three months until the quantities received as aid have been fully
          used' : quantities distributed ; number and nature of "beneficiaries ; places , j
       . rates and method of distribution .            '     "*
 ---pagebreak---                                 ARTICLE VIII
The Contracting Parties shall at the request of either consult each other
on any questions concerning the implementation of this Agreement .
                                                   i       • •
                  ,                                                    i
                              ' ARTICLE IX
This Agreement is drawn up in duplicate in the Danish , Dutch , English , French ,
German and Italian languages , each of - these texts having equal force .
 ---pagebreak---                                                                                                         AKHEX I
               •                                                                       • '
                                                                    BUTTEROIL '            .
                    i                  '          *                                •               •       .
              4 ;                                                                                 ,
                          (          •                                                               ...
          i                                                                     *.
I. QUALITY                                                        ,
     ( A) Product characteristics :
          Concentrated milk fats containing not less than 99*8'/' °f pure fats ;
                             /                                         * •
            /
; ' ( d) Standard composition :
                 Il   r I   ■  1 ■ .m    m r II I   II II - r r i
           (Analysis mado at 'time of manufacture and packing) \                             • *»
          - iioieturc and non-fat milk substance s-not more than 0.2%
          - Fats - not less than 99*9%
          - Free fatty acids - not more than 0.5$ (expressed as oleic acid)
          - Peroxide level/kg - not more than 1 unit ( in milli-equivalento of
                   active oxygen per kg )
        ' - Tante - pure
          - Smell - absence of smell extraneous to butteroil
                                                                                     *
                                         «
                                                                                                      *
II . C0HDITI0K3 07 P/.CKAOIKG
    . a) Metal cans of 20 kg - 1 can per carton.
  • "b ) Marked the , -packaging in French :
          HJTTEROIL
          GIFT OF TIIE EUROPE A17 ECONOMIC COMMUNITY
          TO THE KINGDOM OF MOROCCO
          FOR FREE DISTRIBUTION
 ---pagebreak---                                                                  ANHEX IX
        .  '        .         General     provisions
             i                                             '
                                   ■ • Article 1
 Delivery shall be effected and risks shall pass .from the . European Economic
 Community , hereinafter referred to as the EEC , to the recipient country at
 the moment /at which the goods- are put doA-m at the point of exportation
 named "by the Commission of the European Communities at the      "berth  specified
 "by the recipient country or its agent referred to in Article 2 and under the
                                                             S
 terms specified in the following articles . Without prejudice to Articles 7 snd
.8 the EEC shall bear all costs up to delivery end the recipient country those
 beyond such delivery .
                                      Article 2
 The EEC shall appoint an agent to implement the provisions of the present
 Annex- or for each consignment- who no nsme and address it shall make knovoi
 to .the recipient country immediately follovring his appointment .
 The recipient country shall appoint cn agent in the port or ports of shipment
 whose name and address it shall make knovna to the 17:5C with all despatch and
                                                    "i
 if possible before the appointment of agent of the EEC .
                                      Article 3
 Before implementing the procedures for appointing the agent of the EEC
 referred to in Article 2 , the Commission of the European Communities and
 the recipient country shall jointly establish the period during vdiich deli­
 very must begin .      .      (
               ''                .                     #
                          Obligations of the EuropeaJi Economic Community
             •    •   "               Article 4          ,
 Should the EEC not be in a position to carry out delivery on the date ,
  and " ( if applicable ) on the schedule as provided in Article 6 , all costs
 arising for the recipient country- for example demurrage void freight and
.dead freight- shall be borne by the EEH
 ---pagebreak---   The charges and "the arrangements relating to demurrage laid down in the
   contract "between the recipient country and the carrier must have been agreed
- in - advance "by the recipient country and the agent of the EEC .
  The other costs referred to in the first paragraph shall only "be refunded
  "by the EEC if they have "been paid "by the recipient country with the approved
   of the ESC .
                                                               i   ■
                                                             ' •' •
                                   Article 5
   Should it prove impossible for the EEC to supply all or part of the goons
   on the date and within the time-limits provided for in Article 6 and without
  prejudice to the provisions of Article 4 » a new date and a new tins-limit
   shall be agreed between the agents of the EEC and of the recipient country
  for the delivery of all the goods or of the undelivered part thereof .
       J
                           Oblifat ions of the rens'.nient country
                                   A T-H c!?C 6
  After contacting the EEC , the recipient country shall procure one or more vessel ::
  to transport all the quantities provided for in Article 1 of the Agreement , of
   dimensions corresponding to the normal capacity of the port of shipment ; these
  vessels must "be ready for loading on a date falling within the period referred
  to in Article 3 *   .
  The agent, of the recipient country shall inform the EEC of this date
   immediately on learning it , and also that for commencement of delivery ,
   if possible twenty days in advance and in any case ten days before the date
  for commencement of delivery.
  He shall establish with' the agent of the EEC the schedule on which delivery
   shall take place .
 ---pagebreak---                                  Article 7
Should the recipient country be unable to begin loading on the date provided
for in- Article 6 , paragraph 1 , the agent of the recipient country shall in­
form the agent of the EEC without delay*
In thin event a new date for the commencement of delivery and(if applicable) a new
schedule    could be agreed between the agents of the EEC and of the recipient
country. The costs arising from this delay shall in all cases except force
majeure be borne by the recipient country.
Should the new date provided for in paragraph 2 be more than 30 clear days
after the date for loading provided for' in Article 6 , 'paragraph 1 , the EEC
mayodispose of the goods without prejudice to its commitment under Article 1
of this Agreement .                                       •      '
                               Article 8
If the quantity made avai3.ablc for loading on a vessel cannot be put on
board in its entirety, the recipient country shall inform the EEC as soon
as possible and no.later than fifteen clear days after loading has been
completed whether it intends to accept or to renounce the balance .
                                                  t                            . '
In the former case the provisions of Article 7 ». paragraphs 2 and 3 » shall
apply to the balance , if delivery has not yet taken place .
In the latter case the EEC may consider that it has discharged its commitment
to the recipient country under Article 1 of this Agreement' and shall bear
the costs resulting from such renunciation .
In any event after the expiry of an interval of fifteen clear days and in
the absence of any notice on the part of the recipient country , the renun­
ciation shall be deemed to have taken place .
                                 Article 9
Upon delivery of the goods , the recipient country shall hand to the agent of
the EEC a certificate of acceptance stating the port of shipment , date of
acceptance , the nature , ' "" .     an<* quantity of the goods accepted and including
any comments on the quality of the goods 3-nd send a copy thereof to" the Commission
of the European Communities .             »                     • •