CELEX: 
Language: en
Date: 1974-10-31 00:00:00
Title: Council Decision of 2 October 1974 on the conclusion of the Agreement between the European Economic Community and the People's Republic of Bangladesh on the supply of common wheat as food aid #Agreement between the European Economic Community and the People's Republic of Bangladesh on the supply of common wheat as food aid

No L 293 / 16                       Official Journal of the European Communities                   31 . 10 . 74
                                                 COUNCIL DECISION
                                                   of 2 October 1974
              on the conclusion of the Agreement between the European Economic Community
              and the People's Republic of Bangladesh on the supply of common wheat as food aid
                                                      ( 74 /523 / 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 concluded the 1971 Food Aid
              Convention ;
              Whereas by its letter of 23 July 1973 , the People's Republic of Bangladesh has
               requested food aid ;
              Whereas in view of the cereal supply situation in Bangladesh, that country should be
              accorded, by way of gift, 115 000 metric tons of common wheat under the Community
               food-aid programme for 1973 /74,
               HAS DECIDED AS FOLLOWS :
                                                         Article 1
              The Agreement between the European Economic Community and the People's Republic
              of Bangladesh on the supply of common wheat as food aid, the text of which is
              annexed to this Decision, 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, 2 October 1974.
                                                                          For the Council
                                                                           The President
                                                                           Ch . BONNET
 ---documentbreak--- 31.10.74                              Official Journal of the European Communities                       No L 293 / 17
                                                      AGREEMENT
               between the European Economic Community and the People's Republic of Bangladesh
                                       on the supply of common wheat as food aid
               THE COUNCIL OF THE EUROPEAN COMMUNITIES,
               of the one part,
               THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF BANGLADESH,
               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 :
               THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF BANGLADESH :
               WHO HAVE AGREED AS FOLLOWS :
                           Article 1                             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, hereinafter
                                                                                       Article IV
referred to as the 'Community', shall supply the
People's Republic of Bangladesh, hereinafter referred
to as the 'country of destination', by way of gift,              The country of destination undertakes to use the
with 115 000 metric tons of common wheat.                        product received as aid for purposes of consumption
                                                                 and to apply, for the sale of the product on its
                                                                 market, the prices normally charged on that market
                                                                 for products of comparable quality.
                          Article II
                                                                 The proceeds from this sale shall be paid into a
Deliveries will be made in bulk fob, in accordance               special account at the central bank of that country
with the detailed rules set out in the Annex which is            and allocated to the financing of one or more
an integral part of this Agreement.                              development schemes in accordance with the
                                                                 procedure to be agreed between the recipient country
                                                                 and the Community.
                          Article III
                                                                                        Article V
The country of destination undertakes to make all
necessary arrangements for the transport and                     The Contracting Parties undertake to implement this
insurance of the product from point of delivery to               Agreement in such a way as to avoid any prejudice
places of destination.                                           to the normal structure of domestic production and
                                                                 international trade. To this end they shall take any
It undertakes to exercise the greatest possible care to          measures required to ensure that aid supplies are in
ensure that the tendering arrangements for the                   addition to, and do not replace, commercial
transport by sea shall not be prejudicial to the free            transactions which might reasonably be expected in
play of fair competition. Any problems arising in                the absence of such supplies.
 ---pagebreak--- No L 293 / 18                       Official Journal of the European Communities                                31 . 10. 74
                         Article VI                            2. every three months until the quantities received
                                                                    as aid have been fully used : quantities sold, how
The country of destination shall take all appropriate               they have been sold, selling prices ; normal selling
measures to prevent :                                               costs on the market of the country of destination;
                                                                    insurance costs and, where appropriate, transport
— the re-export of the product received as aid and                  costs from the port of discharge to the places of
                                                                    destination;
    of products resulting from such supplies;
                                                                3 . on 15 January every year until the special
— the export, commercially or otherwise, within six                 account has been fully used :
    months of the last delivery, either of local
    produce of the same nature as that received as                  ( a) state of this account (deposits and
    aid or of any products resulting from it.                             withdrawals) on 31 December of the
                                                                          preceding year;
                                                                    (b) progress achieved in the project or projects,
                                                                          with an indication of the total amount of
                         Article VII                                      financing carried out at that stage.
The country of destination undertakes to inform the
Community of the mode of implementation of this                                         Article VIII
Agreement. To this end it shall provide the
Commission of the European Communities with the                At the request of either of them, the Contracting
following information :                                        Parties shall consult each other on any questions
                                                               concerning the implementation of this Agreement.
1 . immediately after the discharge of each cargo :
    port and date of arrival of vessel; nature,                                         Article IX
    quantity and any observations as to the quality
    of the product discharged; date on which                   This Agreement shall be drawn up in duplicate in
    discharge was completed; costs of sea transport             the Danish, Dutch, English, French, German and
    and of insurance relating thereto;                          Italian languages, each of these texts being authentic.
                                                           ANNEX
                                                  DELIVERY PROCEDURES
                        CHAPTER I                                                         Article 3
                    General provisions                          For the purpose of implementing the provisions of this
                                                                Annex the Community shall appoint — if necessary for
                          Article 1                             each consignment — an agent whose name and address it
                                                                shall make known to the country of destination
Delivery shall be effected and all risk shall pass from the     immediately following his appointment. For each port of
Community to the country of destination at the moment           shipment the country of destination shall appoint an
at which the goods are put down at the point of                 agent whose name and address it shall make known to
exportation named by the Commission of the European             the Community with all despatch and if possible before
Communities at the berth specified by the country of            the appointment of the agent of the Community.
destination or its agent referred to in Article 3 and under
the terms specified in this Annex. Without prejudice to
Articles 8 and 9 the Community shall bear all costs prior
to delivery and the country of destination those after
delivery.                                                                                 Article 4
                          Article 2
                                                                Before implementing the procedure for appointing the
                                                                agent of the Community referred to in Article 3 , the
On delivery of the goods, a tolerance of 5 °/o less than        Commission of the European Communities and the
the quantity to be supplied in accordance with Article I         country of destination shall establish by joint agreement
of the Agreement is permitted.                                  the period during which delivery must begin.
 ---pagebreak--- 31 . 10. 74                           Official Journal of the European Communities                             No L 239/ 19
                        CHAPTER II                              He shall establish with the agent of the Community the
                                                                 schedule according to which delivery shall take place.
               Obligations of the Community
                          Article 5                                                        Article 8
Where the Community is not in a position to carry out            Where the country of destination is unable to begin
delivery on the date, and, if applicable, according to the       loading on the date provided for in the first paragraph of
schedule laid down in Article 7, all costs arising for the       Article 7, the agent of the country of destination shall
country of destination — for example, demurrage, void            inform the agent of the Community without delay.
freight and dead freight — shall be borne by the
Community.                                                       In this event the agents of the Community and of the
                                                                 country of destination may agree on a new date for the
The charges and the arrangements relating to demurrage           commencement of delivery and, if applicable, a new
laid down in the contract concluded between the country          schedule. The costs arising from the delay in loading shall
of destination and the carrier must have previously been         in all cases except force majeure be borne by the country
agreed by the country of destination and the agent of the        of destination.
Community.
                                                                 Should the new date provided for in the second paragraph
The other costs referred to in the first paragraph shall be      be more than 30 clear days after the date for loading
 refunded by the Community only if they have been paid           provided for in the first paragraph of Article 7, the
by the country of destination with the approval of the           Community may dispose of the goods without prejudice
Community.                                                       to its commitment under Article I of this Agreement.
                                                                                            Article 9
                           Article 6
                                                                  Where the quantity made available for loading on a vessel
 Where it is impossible for the Community to supply all           cannot be loaded on board in its entirety, the country
 or part of the goods on the date and within the time             of destination shall inform the Community as soon as
 limits provided for in Article 7, the agents of the              possible, and no later than 15 clear days after loading
 Community and of the country of destination may,                 has been completed, whether it intends to accept or to
 without prejudice to Article 5, agree on a new date and a        renounce the balance.
 new time limit for the delivery of all the goods or of the
 undelivered part thereof.                                        In the former case the second and third paragraphs of
                                                                  Article 8 shall apply to the balance, if delivery has not
                                                                  yet taken place.
                                                                  In the latter case the Community may consider that it has
                                                                  discharged its commitment to the country of destination
                         CHAPTER III                              under Article I of this Agreement and shall bear the costs
                                                                  resulting from renunciation.
           Obligations of the country of destination
                                                                  In any event, after an interval of 15 clear days and in the
                            Article 7                             absence of any notice on the part of the country of
                                                                  destination, renunciation shall be deemed to have taken
                                                                  place.
 After contacting the Community, the country of
 destination shall procure, to transport all the quantities
 provided for in Article I of the Agreement, one or more
 vessels of dimensions corresponding to the normal capacity                                Article 10
  of the port of shipment; these vessels must be ready for
  loading on a date falling within the period referred to in      Upon delivery of the goods, the country of destination
  Article 4.                                                       shall hand over to the authorized agent of the Community
                                                                   a certificate of acceptance which shall set out the port
  The agent of the country of destination shall inform the         of shipment, date of acceptance and the nature and
  Community of this date and of the date for                       quantity of the goods accepted, together with any
  commencement of delivery as soon as he knows them, if            comments on the quality of the goods. A copy of the
  possible 20 clear days in advance and in any case 10             certificate shall be sent to the Commission of the
  clear days before the date for commencement of delivery.         European Communities.
 ---documentbreak--- NA ---documentbreak--- No L 293 /20                    Official Journal of the European Communities                      31 . 10. 74
                 Information on the signing of the Agreement between the European Economic
                 Community and the People's Republic of Bangladesh on the supply of food aid
            The Agreement between the European Economic Community and Bangladesh on
             the supply of common wheat as food aid, which the Council decided to conclude on
             2 October 1974, was signed in Brussels on 3 October 1974, on behalf of the Council
             of the European Communities by :
             Mr Etienne Burin des Roziers, 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 the People's Republic of Bangladesh by :
             Mr A. M. Sanaul Hug, Ambassador Extraordinary and Plenipotentiary, Head of the
             Mission of Bangladesh to the European Economic Community.