CELEX: 21973A1115(02)
Language: en
Date: 1973-10-15 00:00:00
Title: Agreement between the European Economic Community and the People's Republic of Bangladesh on the supply of skimmed-milk powder as food aid

28 . 1 . 74                         Official Journal of the European Communities                            No L 23 /9
                                                     AGREEMENT
              between the European Economic Community and the People's Republic of Bangladesh
                                   on the supply of skimmed-milk powder as food aid
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              on the one part,
              THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF BANGLADESH,
             on the other part,
              HAVE DECIDED to conclude this Agreement, and for this purpose have named as their
             Plenipotentiaries :
             THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE GOVERNMENT OF THE PEOPLE 'S REPUBLIC OF BANGLADESH :
             WHO HAVE AGREED AS FOLLOWS :
                         Article I                              insurance of the delivered products from the ports
                                                                of discharge to their places of destination.
 The European Economic Community, hereinafter
 referred to as the 'Community', shall supply as a
gift to the People's Republic of Bangladesh, here­
inafter referred to as the 'country of destination',                                    Article V
19 450 metric tons of skimmed-milk powder of the
quality and with the packaging specified in Annex I,
 which forms an integral part of this Agreement.                The^ recipient country undertakes to use the product
                                                                 received as aid for consumption. It shall distribute
                        Article II                               free of charge within the framework of its aid
                                                                 programme, to the needy populations, in particular
Deliveries shall be made cif to ports of discharge in            to children, pregnant women, ill and old people, the
 the country of destination.                                     total quantity of 19 450 tons indicated in Article I
                                                                 or part of it. In this case, the other part shall be
                        Article III                             sold, up to a maximum of 10 000 tons, on its local
                                                                market. The recipient country applies for the sale
The obligations and responsiblities of the Commu­                of the product on its market, the prices normally
nity and of the country of destination, in particular            charged for products of comparable quality.
 as regards delivery anid the taking of delivery, are
 defined in Annex II, which forms an integral part of
this Agreement.                                                 The proceeds from this sale, less the cost of selling
                                                                the product on the recipient country's market, will
                        Article IV                               be paid into a special account at the bank of the
                                                                said country and allocated to the financing of one
The country of destination undertakes to make all               or more development schemes proposed by the recip­
the necessary arrangements for the transport and                ient country and approved by the Community.
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No L 23/ 10                            Official Journal of the European Communities                                 28 . 1 . 74
                           Article VI                                2. every three months until the quantities received
                                                                         as aid have been fully used : quantities distri­
The Contracting Parties undertake to implement this                      buted, number and nature of the beneficiaries,
Agreement in such a way as to avoid any prejudice                        places, rate and method of distribution ; alterna­
to the normal structure of domestic production and                       tively, quantities sold, how they have been sold,
international trade. To this end, they shall take any                    selling prices, selling costs on recipient country's
measures required to ensure that the aid supplies                        market ;
are in addition to, and do not replace, commercial
transactions which might reasonably be expected in                   3 . on 15 January every year until the special
the absence of such supplies.                                            account has been fully used up ;
                           Article VII                                    ( a) state of this account ( incomings and outgo­
                                                                                ings) on 31 December of the preceding year ;
The country of destination shall take all appro­
priate measures to prevent :                                              ( b ) progress achieved in the project or projects,
                                                                                with an indication of the total amount of
— the re-export of the products received as aid and                             financing undertaken at that stage.
      of products derived from them ;
                                                                                                 Article IX
— the export, commercially or otherwise, within
       six months from the date of the last delivery,
       either of the skimmed-milk powder produced                     The country of destination shall take all appro­
       locally which should be of the same kind as that               priate measures to enable those persons duly autho­
       received as aid or of processed products derived               rized by the Community to make on-the-spot obser­
       from it.                                                       vations of the operations connected with the imple­
                                                                      mentation of the Agreement.
                           Article VIII
                                                                                                  Article X
  The country of destination undertakes to inform the
  Community of the circumstances surrounding the
                                                                      At the request of either of them, the Contracting
  implementation of this Agreement. For this purpose,                 Parties shall consult each other on any questions
 •it shall communicate to the Commission of the
                                                                      concerning the implementation of this Agreement.
  European Communities the following information :
  1 . not more than 30 days after the unloading of                                               Article XI
      each consignment : port and date of ship's
      arrival ; kind, quantity and quality of products                This Agreement is drawn up in two copies in the
      unloaded ; date on which discharge was                          Danish, Dutch, English, French, German and Italian
      completed ;                                                     languages each of these texts being authentic.
                                                             ANNEX I
                                  Quality and conditions of packaging of the skimmed-milk powder
                  I. Quality requirements
                     (a) fat content :                                       not exceeding 1-5 %>
                      (b ) water content :                         •         not exceeding 4-0 °/o
                     (c) total acidity (lactic acid) :                       not exceeding 0*15 % ( 18° Dornic)
                      (d) test for neutralizing agents :                     negative
                      (e) permitted additives :                              none
 ---pagebreak--- 28 . 1 . 74                             Official Journal of the European Communities                                No L 23 / 11
                 (f) test for phosphatasis :                               negative
                 (g) solubility :                                          not exceeding 0-5 ml (not less than
                                                                           99 °/o )
                 (h ) degree of purity :                                   not less than disc B ( 15-0 mg)
                 (i ) germ content :                                       not exceeding 50 000/g
                 ( k) strength of colon bacillus :                         negative in 0-1 g
                 ( 1 ) flavour and smell :                                 fresh
                 ( m ) appearance :                                        white or sligthtly yellowish, absence of
                                                                           impurities and coloured particles
            II . Packaging
                 ( a ) containing 25 kilogrammes net weight ;
                 ( b ) composition :
                       ( aa ) 4 Kraft paper bags of a strength representing at least 70 g/m2 ;
                              1 intercalated bag of tar-lined paper of a strength representing at least 140
                              g/m2 ;
                               1 polyethylene inner bag at least 0-06 mm thick welded or double-bound ;
                   or ( bb) 1-bag of clubpack-poly-duplo-paper of a strength representing at least 50/20/50
                              g/m2 ;
                              2 Kraft paper bags of a strength representing at least 70/75 g/m2 ;
                               1 polyethylene inner bag at least 0-10 mm thick, welded or double-bound ;
                 ( c) marking on the packaging (in English ) :
                       SKIMMED-MILK POWDER —
                       GIFT      OF   THE    EUROPEAN       ECONOMIC        COMMUNITY          TO    THE   PEOPLE'S
                       REPUBLIC OF BANGLADESH
                                                             ANNEX II
                                         Provisions laid down in Article III of the Agreement
                                                               Article 1
            Delivery shall be effected and risk shall pass from the Community to the country of desti­
            nation at the moment at which the goods are actually taken in charge in the ship's hold
            at the port of discharge.
            The country of destination shall pay all costs subsequent to delivery of the goods, including
             the costs of discharge ( breaking bulk , hoisting, taking delivery, for example) as well as
             any lighterage costs .
            Any demurrage or dispatch money at the port of discharge shall be borne or paid to the
            country of destination. The rates and conditions of payment laid down in the contract
            between the authorized agent of the Community referred to in Article 4 and the carrier
             must have been agreed in advance between that agent and the receiving agent of the
            country of destination referred to in the same Article.
 ---pagebreak--- No L 23 / 12                          Official Journal of the European Communities                        28 . 1 . 74
                                                            Article 2
             The Community shall forward to the country of destination, 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 discharge.
                                                            Article 3
             The Community shall inform the country of destination of the ship's estimated date of
             arrival at the port of discharge at least 10 clear days before that date.
             It shall have inserted in the charter party an undertaking by the captain to give the
             country of destination at least 72 hours' notice of the probable date of the ship 's arrival
             in the port of discharge.
                                                            Article 4
             To implement this Annex, the Community shall appoint an authorized agent, whose name
             and address it shall make known in good time to the country of destination.
             The country of destination shall appoint a receiving agent in each port of unloading,
             whose name and address it shall make known to the Community before the Agreement is
             implemented .
             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 skimmed-milk powder as food aid which the Council decided to conclude on
             15 October 1973 was signed in Brussels on 15 November 1973 on behalf of the Council
             of the European Communities by :
             Mr Niels Ersboll, 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
             Bangladesh by :
             Mr A. M. Samaul Huq, Ambassador Extraordinary and Plenipotentiary .