CELEX: 51973PC0767
Language: en
Date: 1973-05-18 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION concluding the agreement between the European Economic Community and the People's Republic of Bangladesh on the supply of skimmed milk powder as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 767
Vol. 1973/0148
 ---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
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                             COM(73 ) 767 final
                                                             Brussels , 18 May 1973
                        RECOMMENDATION FOR A COUNCIL DECISION
               concluding the agreement "between the European Economic
                Community and the People 's Republic of Bangladesh on
                   the supply of skimmed milk powder as food aid
                   ( submitted to the Council by the Commission)
  COM(73 ) 767 final
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establising the European Economic Community ,
and in particular Articles 113 , 114 and 228 thereof ,
Having regard to the recommendation from the Commission
Whereas the Council in Regulation (EEC) no 2721/72^^ on the supply of
skimmed milk powder as food aid decided to make 19»450 metric tons of
skimmed milk powder available to the People 's Republic of Bangladesh ,
HAS DECIDED i
                                   Article  1
An agreement between the European Economic Community and the People 's
Republic of Bangladesh on the supply of skimmed milk powder 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 to
bind the Community .
Done at Brussels ,
                                                    For the Council
                                                       The President
OJ no L 291 , 2o December 1972 , p. 28 .
 ---pagebreak---                   AGREEUENT
BETWHEN THE EUROPEAN ECONOMIC COMMUNITY
                    AND
  THE PEOPLE 'S REPUBLIC OF BANGLADESH
    ON TIEi SUPPLY 0? SKBUZHD 1IILK POWDER
                AS FOOD AID
 ---pagebreak--- THE COUNCIL OF TIE EUROPEAN COMMUNITIES ,
                                          of the one part .
THE GOVERNMENT OP THE PEOPLE 'S REPUELIC OF BANGLADESH
represented by the President
                                         of the other part ,
HAVE IECIHDD to conclude this Agreement , and for this purpo
have named as plenipotentiaries :
THE COUNCIL OF THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OF THE PEOPLE 1 S REPUBLIC OF BANGLADESH :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                            Article I
The European Economic Community shall supply free to the People 's Republic
of Bangladesh hereinafter referred to as "recipient country" ,
19*450 metric tons of skimmed milk powder of the quality , and
packaged as specified in Annex I which forms an integral part of
this Agreement .
                           Article II
The deliveries shall he made cif to ports of unloading in the
recipient country.
                           Article III
The Obligations and responsibilities of the European Economic
Community and of the recipient country , in particular as regards
delivery and acceptance , are defined in Annex II , which forms an
integral part of this Agreement .
                           Article IV
The recipient country undertakes to make all the necessary arrangements
for the transport and insurance of the deliveries from the ports         I
of unloading to their destinations .
                           Article V
The recipient country undertakes to use the product received as aid
for concumption. It distributes free in the frame of its aid pro­
gramme , to the needy . populations , in particular to children , pregnant
women , ill and old people , the total quantity of 19.450 tons indicated
in article I or part       it . In this casejthe other part is sold
with a maximum of 10.000 tons , on its local market . The recipient
country applies for the sale of the product on its market , the prices
normally charged for products of comparable quality.
The proceeds from this sale , less the cost of selling the product
on the recipient country 's market , will be paid into a special account
at the Bank of Bangladesh and allocated to the financing of one or
more development schemes which shall be chosen by the recipient
country and agreed by the European Economic Community .
 ---pagebreak---                            Article VI
The contracting parties undertake to implement this Agreement
in such a way as to avoid any damage to the normal structure of
national production and international trade . For this purpose ,
they shall take the necessary steps to ensure that the supplies
of aid are additional to and are not in lieu of trading operations
which could reasonably he expected innthe absence of such supplies .
                           Article VII
The recipient country shall take the appropriate steps to prevent :
- reexport of the product received as aid and any products derived
  therefrom ;
- the exjort for trade or otherwise , within six months from the date
  of the last delivery , both of locally-produced skimmed milk powder
  of the same kind as that received as aid and of processed products
  derived therefrom .
                           Article VIII
The recipient country undertakes to inform the Jttiuropean Economic
Community of the circumstances surrounding the implemention of this
Agreement . For this purpose , it shall communicate to the Commission
of the European Communities the following information :
- thirty days at the latest after the unloading of each consignment :
  ports and dates of ship 's arrival ; kind , quantity and quality of
  products unloaded ; date on which unloading was completed ;
- every three months until the quantities received as aid have been
  used up : quantities distributed , number and nature of the
  beneficiaries , places , rate and manner of distribution ; in case
  of selling , quantities sold , how they have been sold , selling prices ,
  selling costs on recipient country^s market ;
- on 15 January every year until the special account has been fully
  used : .
  * state of this account ( incomings and outgoings ) on 31 December
    of the preceding year ;
  . progress achieved in the project or projects , with an indication
    of the total amount    of financing undertaken at that stage .
 ---pagebreak---                              Article IX
The recipient country shall ta&e all appropriate steps to enable
those persons duly authorised by the European Economic Community
to make on the spot observations of the operations connected with
the implementation of the Agreement .
                             Article X
At the request of cither party , the contracting parties shall consult
one another on all questions concerning the application of this Agreement
                             Article ZI
This Agreement is drawn up in two copies in the Danish , Dutch , English ,
French , German and Italian languages these texts being equally authentic .
 ---pagebreak---                                                       A1ÏÏEX I
                            3KC30D MILIC POïtEER
I. Quality requirements
    a ) fat content                   not exceeding 1,5 $
    b ) water content                 not Exceeding 4,0 °/s
    c ) total acidity ( lactic acid)not exceeding 0,15 $ ( l8 0 Dornic )
    d ) test for neutralizing agents negative
    e ) permitted additives            none
    f ) tost for phosphatasis          negative
    g)  solubility                     not exceeding 0,5 ml (not less than 99 $ )
    h)  degree of purity               not less than disc B ( l5>0 mg)
    i)  germ content                   not exceeding 50 000 per gr
    k)  strength of colon bacillus negative in 0,1 gr
    l)  flavour and smell              fresh
    m)  appearance                     white or slightly yellowish , absence
                                       of impurities and coloured particles
II . Packaging
     a ) containing 25 kilogrammes *xet weight
     b ) composition :
         aa ) 4 Kraft paper bags of an strength representing at least
              70 g per m2 ;
              1 intercalated bag of tan-lined paper of a strenght representing
              at least 140 g per m2 ;
              1 polyethylene inner bag at least 0.06 mm thick , welded or
              double-bound .
    or bb ) 1 bag of clupdc.-poly-duplo-paper of a strength representing
              at least 50/20/50 per m2 ;
              2 Kraft paper bags of a strength representing at 1 least
              70/75 g por m2 ;
              1 polyethylene inner bag at least 0,10 mm thick welded or
              double -bound
           c ) marking on the packaging : -
               SIOTMSD MILK POWDER
               GIFT OF THE EUROFEM ECONOMIC COMMUNITY TO THE PEOPLE 'S REPUBLIC
               OF BMGIAIESH
 ---pagebreak---                                                      ΜΗΞΧ II
                  AMEX TO ARTICLE III OF THE AGH3EIIENT
                             Article 1
Delivery shall "be completed and the risks shall pass from the
European Economic Community to the recipient country as soon as the
goods are actually taken in charge in the ship 's hold at the port
of unloading.
The recipient country shall bear all costs subsequent to delivery
of the goods , including the costs of unloading (breaking bulk , hoisting ,
talcing delivery , for example ) as well as any lighterage costs .
Any demurrage costs or dispatch money at the port of unloading shall ,
as the case may be , be borne by or paid to the recipient country .
The rates and conditions of payment applying to any contract between
the Community agent referred to in Article 4 and- "the carrier must have
been previously agreed between that agent and the recipient country 's
agent referred to in the same Article .
                             Article 2
The European xi< conomic Community shall forward to the recipient
country , as soon as possible after the goods have been shipped ,
a notice giving the name of the ship , the date of loading , the
quantity and quality of the goods on loading and the port of unloading .
                             Article 3
The European Economic Community shall inform the recipient country
of the ship 's presumed date of arrival at the port of unloading at
least ten clear day3 before that date .
The European Economic Community shall cause to be inserted in the
charter-party an undertaking by the captain to give to the recipient
country at least 72 hours notice of the probable date of the ships'
arrival in the port .
                                                           ./•
 ---pagebreak---                          • Article 4
The European Economic Community shall appoint an agent to implement
the provisions of this Annex , and shall in good time , forward the
latter' s name and address to the recipient country . .
The recipient country shall appoint an agent in each port of
unloading , and shall forward the latter' s name and address to the
European Economic Community prior to implementation of the Agreement .
                               \