CELEX: 21975A0307(03)
Language: en
Date: 1974-10-21 00:00:00
Title: Agreement between the European Economic Community and the Hashemite Kingdom of Jordan on the supply of skimmed-milk powder as food aid

7. 3 . 75                          Official Journal of the European Communities                        No L 62 / 13
                                                    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 Pleni­
             potentiaries :
             THE COUNCIL OF THE EUROPEAN COMMUNITIES :
             THE GOVERNMENT OF THE KINGDOM OF MOROCCO :
             WHO HAVE AGREED AS FOLLOWS :
                         Article I                            this connection shall be the subject of consultations
                                                               under Article VIII .
As part of its food-aid programme ( cereals ) for
 1973 /74, the European Economic Community;
                                                                                    Article IV
hereinafter referred to as the ' Community', shall
 supply the Kingdom of Morocco, hereinafter referred
to as the 'country of destination', by way of gift,           The country of destination undertakes to use the
 with 15 000 metric tons of common wheat.                     product received as aid for purposes of consumption
                                                              and to apply, for the sale of the product on its
                        Article II
                                                              market, the prices normally charged on that market
                                                              for products of comparable quality.
Deliveries will be made in bulk fob in accordance
with the detailed rules set out in the Annex which            The proceeds from this sale shall be paid into a
forms an integral part of this Agreement.                     special account at the central bank of that country
                                                              and allocated to the financing of one or more
                                                              development schemes in accordance with the
                        Article III                           procedure to be agreed between the recipient country
                                                              and the Community.
The country of destination undertakes to make all
necessary arrangements for the transport and
insurance of the product from point of delivery to                                  Article V
places of destination.
                                                              The Contracting Parties undertake to implement this
It undertakes to exercise the greatest possible care to       Agreement in such a way as to avoid any prejudice
ensure that the tendering arrangements for the                to the normal structure of domestic production and
transport by sea shall not be prejudicial to the free         international trade. To this end they shall take any
play of fair competition . Any problems arising in            measures required to ensure that aid supplies are in
 ---pagebreak--- No L 62/ 14                             Official Journal of the European Communities                                    7 . 3 . 75
addition to, and do not replace, commercial                            observations as to the quality ; date on which
transactions which might reasonably be expected in                     discharge was completed ; costs of sea transport
the absence of such supplies. In particular, the                       and of insurance relating thereto ;
country of destination undertakes to import
commercially from whatever source between 1 July                   2 . every three months until the quantities received
 1974 and 30 June 1975 a minimum quantity of                           as aid have ' been fully used : quantities sold, how
 192 500 metric tons of common wheat, or its                           they have been sold, selling prices ; normal selling
 equivalent in flour of common wheat.                                  costs on the market of the country of destination ;
                                                                       insurance costs and, where appropriate, transport
                                                                       costs from the port of discharge to the places of
                           Article VI
                                                                       destination ;
The country af destination shall take all appropriate              3 . on 15 January every year until the special
 measures to prevent :                                                 account has been fully used :
— the re-export of the product received as aid and                     ( a ) state cyf this        account     ( deposits and
      of products and by-products resulting from such                        withdrawals ) on 31 December of the preceding
      supplies ;                                                             year ;
 — the export, commercially or otherwise, within six                   (b ) progress achieved in the project or projects ,
      months of the last delivery, either otf local                          with an indication of the total amount of
      produce of the same nature as that received as                         financing carried out at that stage.
      aid or of any products or by-products resulting
      from it.
                                                                                            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
  following information :                                                                   Article IX
  1 . immediately after the discharge of each cargo :              This Agreement shall be drawn up in duplicate in
      port and date of arrival of vessel ; nature, and             the Danish, Dutch, English, French, German and
      quantity of the product discharged and any                   Italian languages, each of these texts being authentic.
                                                             ANNEX
                                                    DELIVERY PROCEDURES
                          CHAPTER I                                destination or its agent referred to in Article 3 and under
                                                                   the terms specified in this Annex. Without prejudice to
(                      General provisions                          Articles 8 and 9 the Community shall bear all costs prior
                                                                   to delivery and the country of destination all costs after
                                                                   delivery.
                            Article 1
  Delivery shall be effected and all risk shall pass from the                                Article 2
  Community to the country of destination at the moment
  at which the goods are put down at the point of ex­              On delivery of the goods, a tolerance of 5°/o less than
 portation named by the Commission of the European                 the quantity to be supplied in accordance with Article I
  Communities at the berth specified by the country of             of the Agreement is permitted.
 ---pagebreak---  7 . 3 . 75                             Official Journal of the European Communities                              No L 62/ 15
                            Article 3                              port of shipment ; these vessels must be ready for loading
                                                                   on a date falling within the period referred to in Article 4.
For the purpose of implementing the provisions of this             The agent of the country of destination shall inform the
Annex the Community shall appoint, if necessary for each           Community of this date and of the date for commencement
consignment, an agent whose name and address it shall              of delivery as soon as he knows them, if possible 20 clear
 make known to the country of destination immediately              days in advance and in any case 10 clear days before the
following his appointment. For each port of shipment the           date for commencement of delivery.
country of destination shall appoint an agent whose name
and address it shall make known to the Community with              He shall establish with the agent of the Community the
all dispatch and if possible before the appointment of the         schedule according to which delivery shall take place.
 agent of the Community.
                                                                                             Article 8
                            Article 4
Before implementing the procedure for appointing the
                                                                   Where the country of destination is unable to begin
agent of the Community referred to in Article 3, the               loading on the date provided for in the first paragraph
Commission of the European Communities and the country
                                                                   of Article 7, the agent of the country of destination shall
                                                                   inform the agent of the Community without delay.
of destination shall establish by joint agreement the period
during which delivery must begin .                                 In this event the agents of the Community and of the
                                                                   country of destination may agree on a new date for the
                          CHAPTER II                               commencement of delivery and, if applicable, a new
                                                                   schedule. Save in cases of force majeure the costs arising
                 Obligations of the Community                      from the delay in loading shall be borne by the country
                                                                   of destination .
                            Article 5                              Should the new date provided for in the second para­
                                                                   graph be more than 30 clear days after the date for
Where the Community is not in a position to carry out              loading provided for in the first paragraph of Article 7,
delivery on the date, and , .if applicable, according to the       the Community may dispose of the goods without
schedule laid down in Article 7, all costs arising for the         prejudice to its commitment under Article I of this Agree­
country of destination — for example, demurrage, void              ment .
freight and dead freight — shall be borne by the Com­
munity .                                                                                     Article 9
The charges and the arrangements relating to demurrage
laid down in the contract concluded between the country           Where the quantity intended for loading on a vessel
of destination and the carrier must have previously                cannot be loaded on board in its entirety, the country of
been agreed by the country of destination and the                 destination shall inform the Community as soon as
agent of the Community.                                           possible, and no later than 15 clear days after loading
                                                                   has been completed, whether it intends to accept or to
The other costs referred to in the first paragraph shall           renounce the balance .
by refunded by the Community only if they have been
paid by the country of destination with the approval of           In the former case the second and third paragraphs of
the Community .                                                   Article 8 shall apply to the balance, if delivery has not
                                                                  yet taken place.
                            Article 6
                                                                  In the latter case the Community may consider that it has
                                                                  discharged its commitment to the country of destination
Where it is impossible for the Community to supply all
or part of the goods on the date and within the time              under Article I of this Agreement and shall bear the costs
limits provided for in Article 7, the agents of the Com­          resulting from renunciation .
munity and of the country of destination may, without             In any event, after an interval of 15 clear days and in
prejudice to Article 5, agree on a new date and a new             the absence of any notice on the part of the country of
time limit for the delivery of all the goods or of the            destination , renunciation shall be deemed to have taken
undelivered part thereof.                                         place.
                         CHAPTER III                                                        Article 10
            Obligations of the country of destination             Upon delivery of the goods, the country of destination
                                                                  shall hand over to the authorized agent of the Com­
                            Article 7                             munity a certificate of acceptance which shall set out the
                                                                  port of shipment, date of acceptance and the nature and
After contacting the Community, the country of destina­           quantity of the goods accepted, together with any
tion shall procure, to transport all the quantities provided      comments on the quality of the goods. A copy of the
for in Article I of the Agreement, one or more vessels of         certificate  shall  be  sent   to  the Commission    of   the
dimensions corresponding to the normal capacity of the            European Communities .