CELEX: 51973PC1124
Language: en
Date: 1973-07-06 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Kingdom of Morocco for the supply of common wheat as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1124
Vol. 1973/0202
 ---pagebreak--- Disclaimer
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
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
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,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
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
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIE
                                                        COM(73)1124 final
                                                        Brussels , 6 July 1973
                               RECOMMENDATION FOR A
                                 COUNCIL DECISION
        on "the conclusion of an agreement "between the European Economic
         .Community and the Kingdom of Morocco for the supply of common
                                 wheat as food aid
                   ( submitted to the Council "by the Commission)
   COM(73 ) 1124 final
 ---pagebreak--- THE CCUHCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Articles 113 , 114 and 228 thereof j
Having regard to the Recommendation from the Commission ;
Whereas the European Boonomio Community has deposited a Declaration for
provisional application of the 1971 Food Aid Convention ; whereas that Con­
vention has been applicable 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 the Kingdom of 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 ?
DECIDE??:
                                  Article 1
On behalf of the European Economic Community an agreement , the te:ct whereof
is annexed hereto , shall be concluded between the European Economic Community
 and the Kingdom of Morocco for the supply of common wheat as food aid .
                                  Article 2
 The President of the Council is hereby - authorised to designate those who are
 to sign the agreement and to confer on them the requisite powers to bind th<5
 Community .
 Done at Brussels ,           19-                             For the Council
                                                               The President
 ---pagebreak---                             AGREEME3T
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY MD THE KINGDOM OP MOROCCO
                CONCERNING 'THE SUPPLY AS POOD AID
                         CP COMMON WHEAT
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES .
                                                         on the one part ,
THE GOVERNMENT OF THE KINGDOM OF MOROCCO ,
                                                         on the other part ,
HAVE DECIDED to conclude this Agreement and to this end have designated
as their plenipotentiaries :
TEE COUNCIL OF THE EUROPEAN COMMUNITIES :
TEE GOVERNMENT OF TEE KINGDOM OF MOROCCO :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                          - 2 -
                                      ARTICLE I
  As a pari: of its Food Aid Programme (Cereals ) for 1971/72 , the European Economic
  Community shall supply the Kingdom of Morocco , hereinafter referred to as the
  ••recipient country", with 25 000 metric tons of common wheat .
                                      ARTICLE II
  Deliveries will he made in "bulk fob to Community ports .
                                          /
                                      ARTICLE III
                                      ttMMMMHMIMMMM
  The obligations and responsibilities of the European Economic Community and
  of the recipient country relating to delivery and the taking of delivery are
  defined in the Annex , which forms an integral part of this Agreement .
                                      ARTICLE IV
  The recipient country undertakes to make all necessary arrangements for the
  transport and insurance of the product from ports of shipment to places of
  destination .                                     '                         i
  It undertakes to exercise the greatest possible care to ensure that the tendering
  arrangements for the transport by sea are not prejudicial to the free play of fair
  competition . Any problems arising in this connection shall be the subject of
  consultations under Article IX of the present Agreement .
                                      ARTICLE V
  The recipient country undertakes to use the prodrct received as aid for purposes
  of consumption and to apply , for the sale of the product on its market , the prices
• normally charged on that market for products of comparable quality .
                                                                                «.• •/ • • •
 ---pagebreak--- The proceeds from this sale , less the cost of sea transport , insurance and the
normal cost of selling the product on the recipient country 's market , will be
paid into a special account and allocated to the financing of one or more
development schemas which have already "been proposed by the recipient country
and approved by the European Economio Community .
                                     ARTICLE VI
The Contracting Parties undertake to implement this Agreement in such a pay as
to avoid any prejudice to the normal structure of domestic production and inter­
national 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 in the absence of such supplies . In particular ,
the recipient country undertakes to import commercially from whatever source
between 1 July 1973 and- 30 June 1974 a minimum quantity of( 200 000)metric tons
of common wheat or its equivalent in flour of common wheat .
                                                             \
                                     ARTICLE VII
The recipient country shall take any measures required to prevent :
(i )   The re-export of the product received as aid and of products and
     • by-products resulting from such supplies }
(ii ) The export , commercially or otherwise , within six months of the last
       delivery , either of the product obtained locally and of the sacs nature
       as the product received as aid or of any products of the first trans-' ■
       transformation or by-products resulting from it .
                                     ARTICLE VTII
The recipient country undertakes to inform the European Economic Community how
this Agreement is being implemented . To this end it shall provide the Commission
of the European Communities with the following information *
 ---pagebreak---                                        - 4 -
(i )    Not later than thirty days after the unloading of each cargo : ports
        and dates of arrival of the vessel } nature , quantity and quality of the
        products unloaded } date on which unloading was completed !
(ii ) Every three months until the quantities reoeived as aid have been fully
        used ; quantities sold , how they have "been sold , selling prices } normal
        selling costs on the recipient country ^ market }
( iii ) On 15 January every year until the special account has been fully used :
        ( a) State of this account ( inoomings and outgoings ) on 31 December of
             the proceding year }
                                                  I
                                                                             1
        (b ) Progress achieved in the project or projects , with an indication of
             the total amount of financing undertaken at that stage .
                                      ARTICLE IX
At the request of either of them , the Contracting Parties shall consult each
other on any questions concerning the implementation of this Agreement .
                                      ARTICLE X
This Agreement is drawn up in duplicate in the Danish , Dutch , English , French ,
German and Italian languages , each of these texts being equally authentic .
 ---pagebreak---                                  AENEX TO ARTICLE- III OP THE AGREEMTîïT
                                                         Article 1
Delivery shall "be effected and risks shall pass from the European Economic
                                                                 /
Community to the recipient country at the moment at which the goods have
been placed in the shipf s hold at the port of shipment .
The recipient country shall hear all costs subsequent to delivery of the
goods , including costs of stowage and , where appropriate , of trimming and
bagging.
Any dfisnj^aere costs or dispatch , at the port of shipment shall be a charge on
or for the benefit of the European Economic Community and shall be determined
before the vessel sails . The rates and detailed arrangements relating thereto laic1
down in the contract between the recipient .country and the carrier must have
been agreed upon in advance by the recipient country and the authorised agent
of the r European Economic Community referred to in Article 9'.
                                                         Article 2
The European Economic Community shall notify the recipient country in good time
of the port or ports of shipment , the quantities to be delivered at each port ,
the period within which loading must begin , and the daily loading rate .
                                                         Article 3
The European Economic Community must be prepared to load the goods on the , date
resulting from the instructions in Article 8 . whereon the vessel should be ready
for loading .                                      .. ,
                 Λ /.:. ν· ν ; ·ν.     .:· /."-ι          " ■*                       ^ -«Λ \          ·'··'τ -· > ·': '···· \ ;
                                                         Article 4                 .     _   . ... .
         •                         v -     •               I ' ■   •• . V ra - • ¿     V-     •    ?.      *    ''-C . •
On delivery of the goods , a loterance of 5 % less than the quantity to be sup­
       . vr *                                •• ■-     - • - -•-•i                              ->t\ i do -                 «rJ
plied in accordance with Article 1 of the Agreement is permitted .
 ---pagebreak---                                       - 2 -
                                   Article 5
Once the goods are on board, the vessel , the European Economic Community shall
notify the recipient country of . the. date of loading , and the quantity and
quality of the goods as recorded on loading .
                                   Article 6
The recipient country shall supply the European Economic Community , within
the period referred to in Article 2 , with a vessel of dimensions corresponding
to the normal loading potential of the port of shipment .
Should it prove impossible for the vessel to begin loading within the period
referred to in Article 2 and should the recipient country not have notified
the European Economic 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 disposal of the European Economic Community .
Whatever the circumstances , the goods shall be hold at the expense , risk and
peril of the recipient country .
                                    'Article 7
Should the recipient country fail to provide a vessel of suitable tonnage or
if the quantity made available for loading on a vessel of suitable tonnage
cannot be put on board in its entirety because of circumstances beyond the
oontrol of the European Economic Community , the balance shall be loaded onto
the next vessel under the conditions laid down in this annex .
In this event , until the date of loading of this balance or until the recipient
country gives notice in writing that it gives up this balance , the goods shall
be hold at the expense , risk and peril of the recipient country .
The recipient country must notify 't"he European Economic Community within a
period of a maximum of 30 days from the beginning of loading of the shipment
to which these goods should have belonged , of the date on which loading of
this balance is due to begin or of its renunciation of this balance .
                                                                                •a •/
 ---pagebreak---                                        - 3 -
If -this obligation is not respected , the European Economic Community may-
consider that it has desoharged its commitment to the recipient country under
Article 1 of the Agreement .
                                   Article 8
The recipient country shall name for the European Economic Community the vessel
that is to ship the goods at -least ten - clear days prior to the estimated date
of arrival of the vessel in port or , where possible ,, twenty -olear days prior
to this date , and shall at the same time indicate how soon after that date the
vessel will be ready for loading .
Hie recipient country shall insert in the charter party a clause requiring
the captain to inform the European Economic Community at least 72 hours in
advance of the vessel ? s estimated date of arrival in port .
                                   Article 9
To implement the provisions of this annex , the European Economic Community
shall appoint an authorised agent , whose name and address shall be made known
in good time to the recipient country .
The recipient country shall nominate a receiving agent in each port of shipment ,
whose name and address shall be made known to the European Economic Community
before the Agreement is implemented .