CELEX: 
Language: en
Date: 1975-09-11 00:00:00
Title: Council Decision of 10 July 1975 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 239 / 26                     Official Journal of the European Communities                       11 . 9 . 75
                                                          II
                                     (Acts whose publication is not obligatory)
                                                 COUNCIL
                                              COUNCIL DECISION
                                                  of 10 July 1975
             on the conclusion of the Agreement between the European Economic Commu­
             nity and the People's Republic of Bangladesh on the supply of common wheat
                                                     as food aid
                                                    (75/548 / 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 conven­
             tion ;
             Whereas the People's Republic of Bangladesh has requested food aid ;
             Whereas in view of the cereal supply situation in that country the latter should be
             accorded, under the Community food-aid programme for 1974/75, and by way of gift,
              1 50 000 metric tons of common wheat,
             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 is hereby concluded on behalf
             of the Community.
             The text of the Agreement is annexed to this Decision .
                                                       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 Brussels, 10 July 1975.
                                                                        For the Council
                                                                         The President
                                                                         E. COLOMBO
 ---documentbreak--- 11.9 . 75                           Official Journal of the European Communities                            No L 239/27
                                                     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 Plenipotenti­
              aries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF BANGLADESH :
              WHO HAVE AGREED AS FOLLOWS :
                         Article I                                                    Article IV
As part of its food-aid programme (cereals) for               The country of destination undertakes to use the
1 974/75, the European Economic Community, here­               product received as aid for purposes of consumption
inafter referred to as the 'Community', shall supply           and to apply, for the sale of the product on its market,
the People's Republic of Bangladesh, hereinafter               the prices normally charged on that market for
referred to as the 'country of destination', by way of         products of comparable quality.
gift, with 150 000 metric tons of common wheat.
                                                               The proceeds from this sale shall be paid into a
                                                               special account at the Central Bank of that country
                                                               and allocated to the financing of one or more develop­
                         Article II
                                                               ment schemes in accordance with the procedure to be
                                                               agreed between the country of destination and the
Deliveries will be made in bulk fob in accordance              Community.
with the detailed rules set out in the Annex which
forms an integral part of this Agreement.
                                                                                       Article V
                        Article III                            The Contracting Parties undertake to implement this
                                                               Agreement in such a way as to avoid any prejudice to
                                                               the normal structure of domestic production and inter­
The country of destination undertakes to make all              national trade. To this end they shall take any
necessary arrangements for the transport and insur­            measures required to ensure that aid supplies are in
ance of the product from point of delivery to places of        addition to, and do not replace, commercial transac­
destination .
                                                               tions which might reasonably be expected in the
                                                               absence of such supplies.
It undertakes to exercise the greatest possible care to
ensure that the tendering arrangements for the trans­
port by sea shall not be prejudicial to the free play of                              Article VI
fair competition . Any problems arising in this connec­
tion shall be the subject of consultations under Article       The country of destination shall take all appropriate
VIII .                                                         measures to prevent :
 ---pagebreak--- No L 239 / 28                        Official Journal of the European Communities                             11 . 9 . 75
— the re-export of the product received as aid and of              on the market of the country of destination ; insur­
     products resulting from such supplies,                        ance costs and, where appropriate, transport costs
— the export, commercially or otherwise, within six                from the port of discharge to the places of destina­
     months of the last delivery, either of local produce          tion ;
     of the same nature as that received as aid or of any
     products resulting from it.                               3 . on 15 January every year until the special account
                                                                   has been fully used :
                       Article VII                                 (a) state of this account (deposits and withdrawals)
                                                                       on 31 December of the preceding year ;
The country of destination undertakes to inform the                (b) progress achieved in the project or projects,
Community of the mode of implementation of this                        with   an  indication  of the   total amount of
Agreement . To this end it shall provide the Commis­                   financing carried out at that stage.
sion of the European Communities with the following
information :
                                                                                      Article VIII
1 . immediately after the discharge of each cargo : port
    and date of arrival of vessel ; nature and quantity of     At the request of either of them , the Contracting
    the product discharged and any observations as to          Parties shall consult each other on any questions
    the quality ; date on which discharge was                  concerning the implementation of this Agreement.
    completed ; costs of se^ transport and of insurance
    relating thereto ;                                                                 Article IX
2 . every three months until the quantities received as        This Agreement shall be drawn up in duplicate in
    aid have been fully used : quantities sold, how they       Danish, Dutch, English , French, German and Italian ,
    have been sold , selling prices ; normal selling costs     each of these texts being authentic.
 ---pagebreak---  1 1 . 9 . 75                          Official Journal of the European Communities                                No L 239 /29
                                                              ANNEX
                                       DELIVERY AND ACCEPTANCE PROCEDURES
                          CHAPTER I                               nation and the carrier must have previously been agreed by
                                                                  the country of destination and the agent of the Community.
                                                                  The other costs referred to in the first paragraph shall be
                     General Provisions
                                                                  refunded by the Community only if they have been paid by
                                                                  the country of destination with the approval of the Commu­
                                                                  nity.
                            Article 1
Delivery shall be effected and all risk shall pass from the                                    Article 6
Community to the country of destination at the moment at
which the goods are put down at the point of exportation
named by the Commission of the European Communities at            Where it is impossible for the Community to supply all or
the berth specified by the country of destination or its agent    part of the goods on the date and within the rime limits
referred to in Article 3 and under the terms specified in this    provided for in Article 7, the agents of the Community and
Annex . Without prejudice to Articles 8 and 9 the Commu­          of the country of destination may, without prejudice to
                                                                  Article 5, agree on a new date and a new time limn for the
nity shall bear all costs prior to delivery and the country of
destination all costs after delivery.                             delivery of all the goods or of the undelivered part : hereof.
                            Article 2                                                       CHAPTER III
On delivery of the goods, a tolerance of 5% less than the                  Obligations of the country of destination
quantity to be supplied in accordance with Article I of the
Agreement is permitted .
                                                                                               Article 7
                            Article 3                             After contacting the Community, the country of destination
                                                                  shall procure, to transport all the quantities provided for in
For the purpose of implementing the provisions of this            Article I of the Agreement, one or more vessels of dimen­
Annex the Community shall appoint — if necessary for each         sions corresponding to the normal capacity of the port of
consignment — an agent whose name and address it shall            shipment ; these vessels must be ready for loading on a date
make known to the country of destination immediately              falling within the period referred to in Article 4.
following his appointment. For each port of shipment the
country of destination shall appoint an agent whose name          The agent of the country of destination shall inform the
and address it shall make known to the Community with all         Community of this date and of the date for commencement
dispatch and if possible before the appointment of the agent      of delivery as soon as he knows them, if possible 20 clear
of the Community.                                                 days in advance and in any case 10 clear days before the date
                                                                  for commencement of delivery.
                           Article 4
                                                                  He shall establish with the agent of the Community the sche­
                                                                  dule according to which delivery shall take place .
Before implementing the procedure for appointing the agent
of the Community referred to in Article 3 , the Commission
and the country of destination shall establish by joint agree­                                 Article 8
ment the period during which delivery must begin .
                                                                  Where the country of destination is unable to begin loading
                         CHAPTER II                               on the date provided for in the first paragraph of Article 7,
                                                                  the agent of the country of destination shall inform the agent
              Obligations of the Community                        of the Community without delay .
                                                                  In this event the agents of the Community and of the
                           Article 5                              country of destination may agree on a new date for the
                                                                  commencement of delivery and, if applicable, a new sche­
Where the Community is not in a position to carry out             dule . Save in cases of force majeure the costs arising from the
delivery on the date, and if applicable, according to the sche­   delay in loading shall be borne by the country of destination .
dule laid down in Article 7, all costs arising for the country
of destination — for example, demurrage, void freight and         Should the new date provided for in the second paragraph be
dead freight — shall be borne by the Community.                   more than 30 clear days after the date for loading provided
                                                                  for in the first paragraph of Article 7. the Community may
The charges and the arrangements relating to demurrage laid       dispose of the goods without prejudice to its commitment
down in the contract concluded between the country of desti­      under Article I of this Agreement.
 ---pagebreak--- No L 239/30                           Official Journal of the European Communities                                   11 . 9 . 75
                          Article 9                              In any event, after an interval of 15 clear days and in the
                                                                absence of any notice on the part of the country of destina­
Where the quantity intended for loading on a vessel cannot      tion , renunciation shall be deemed to have taken place .
be loaded on board in its entirety, the country of destination
shall inform the Community as soon as possible, and no
later than 15 clear days after loading has been completed,
whether it intends to accept or to renounce the balance.                                   Article 10
In the former case the second and third paragraphs of Article
8 shall apply to the balance, if delivery has not yet taken      Upon delivery of the goods, the country of destination shall
place.                                                          hand over to the authorized agent of the Community a certifi­
                                                                cate of acceptance which shall set out the port of shipment,
In the latter case the Community may consider that it has       date of acceptance and the nature and quantity of the goods
discharged its commitment to the country of destination         accepted, together with any comments on the quality of the
under Article I of this Agreement and shall bear the costs      goods. A copy of the certificate shall be sent to the Commis­
resulting from renunciation .                                   sion of the European Communities.
               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 The People's Republic
               of Bangladesh on the supply of common wheat as food aid, which the Council decided to
               conclude on 10 July 1975, was signed in Brussels on 15 July 197.5, on behalf of the
               Council of the European Communities by :
               Mr Giorgio Bombassei Frascani de Vettor, Ambassador of Italy, Chairman of the Perma­
               nent Representatives Committee, and
               Mr Hans-Broder Krohn, Director-General of the Directorate-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 Huq, Ambassador Extraordinary and Plenipotentiary, Head of the
               Mission of the People's Republic of Bangladesh to the European Communities.
 ---documentbreak--- NA ---documentbreak--- No L 239/30                           Official Journal of the European Communities                                   11 . 9 . 75
                          Article 9                              In any event, after an interval of 15 clear days and in the
                                                                absence of any notice on the part of the country of destina­
Where the quantity intended for loading on a vessel cannot      tion , renunciation shall be deemed to have taken place .
be loaded on board in its entirety, the country of destination
shall inform the Community as soon as possible, and no
later than 15 clear days after loading has been completed,
whether it intends to accept or to renounce the balance.                                   Article 10
In the former case the second and third paragraphs of Article
8 shall apply to the balance, if delivery has not yet taken      Upon delivery of the goods, the country of destination shall
place.                                                          hand over to the authorized agent of the Community a certifi­
                                                                cate of acceptance which shall set out the port of shipment,
In the latter case the Community may consider that it has       date of acceptance and the nature and quantity of the goods
discharged its commitment to the country of destination         accepted, together with any comments on the quality of the
under Article I of this Agreement and shall bear the costs      goods. A copy of the certificate shall be sent to the Commis­
resulting from renunciation .                                   sion of the European Communities.
               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 The People's Republic
               of Bangladesh on the supply of common wheat as food aid, which the Council decided to
               conclude on 10 July 1975, was signed in Brussels on 15 July 197.5, on behalf of the
               Council of the European Communities by :
               Mr Giorgio Bombassei Frascani de Vettor, Ambassador of Italy, Chairman of the Perma­
               nent Representatives Committee, and
               Mr Hans-Broder Krohn, Director-General of the Directorate-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 Huq, Ambassador Extraordinary and Plenipotentiary, Head of the
               Mission of the People's Republic of Bangladesh to the European Communities.