CELEX: 51973PC1495
Language: en
Date: 1973-09-07 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the People's Republic of Bangladesh for the supply of soft wheat as food aid (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1495
Vol. 1973/0260
 ---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
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(73 ) 1495 final
                                                     Brussels . 7 September 1973
                            RECOMMENDATION FOR A
                              COUNCIL DECISION
     on the conclusion of an agreement "between the European Economic
          Community and the People 's Republic of Bangladesh for
                     the supply of soft wheat as food aid
                ( submitted to the Council "by the Commission)
   CCM73 ) 1495 final
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing tne European Economic Community ,
and in particular Articles 113 , 114 and. 223 thereof ;
Having regard to the Recommendation from the Commission $
Whereas the European Economic Community has deposited a Declaration for
provisional application of the 1971 Food Aid Convention } whereas that
Convention has been applicable since 1 July 1971 1
Viaere as the People 's Republic of Bangladesh , by its letter of 6 October 1972 ,
has requested food aid |
Whereas in view of the cereal supply situation in the People 's Republic of
Bangladesh that country should be accorded , by way of gift , 173*000 metric
tons of sof.t wheat under the Community Food Aid Programme for 1972/73$
DECIDES :
                                    Article  1
On behalf of the European Economic Community an agreement , the text whereof
is annexed here torn shall be concluded between the European Economic Community
and the People 's Republic of Bangladesh for the supply of soft wheat as
food aid .                                                       .
                                    Article  2
The President of the Council is hereby authorised to designate those who
are to sign the agreement and to confer on them the requisite powers to bind
the Community .
Done at Brussels ,                       19  ♦
                                                       For the Council
                                                         The President
 ---pagebreak---                  AGREEMMT
BETWEEN THE EUROPEAN ECONOMIC COMUNITY
  . AND THE PEOPLE 'a REPUBLIC '»OF., BANGLADESH
    COIKSElIIUCr THE SUPPLI AS POOD AID
          OP SOFT WHEAT
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
         ?
                                                         of the one part ,
THE GOVERNMENT OP THE PEOPLE 'S. REPUBLIC.. OP' BANGLADESH,
represented by the President
                                                         of the other part ,
HAVE DECIDED to conclude this Agreement and to this end have designated
as thair plenipotentiaries :
THE COUNCIL OP THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OP THE PEOPLE 'S. REPUBLIC . OF BANGLADESH :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                    ARTICLE I
             As a part of its Food Aid'*Pro gramme ( Cereals ) for 1972/ 1973 j
the European Economic Community shall supply free to the Penple' s Republic
Bangladesh , hereinafter referred as the"recipient country", with -175 «. Q00 ,
metric tons of st>ft wheat."
                                  ARTTCJE II
             Deliveries will "be made in bulk cif ports of unloading in the
recipient country.
                                  ARTICTE III
             The obligations and responsabilities Of the European Economic
Community and of the recipient country relating to , delivery and the talcing
of delivery are defined in the Annex , which forms an integral , part of this
Agreement ,                                             ......    .
                                 ARTICLE IV
             The recipient country undertakes to make all necessary arrange­
ments for the transport and insurance of the product from ports of unloading
to places of destination .
                                                                                   I
                                ARTICLE V                                       ■ ■>'
             The recipient country undertakes to use the product received as
aid for purposes of consumption and to distribute to people ii}/ need free
of> charge?.
 ---pagebreak---                                    ARTICLE VI
              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 international trade . To this end they shall take any measures
required to ensure that aid supplies are in addition to , and do not replace ,
"business transactions ■which might reasonably "be expected in the absence of
 such supplies .
                                  ARTICLE VII
              The recipient country shall take any measures required to prevent
 ( l ) the re-export of the product received as aid and of products and "by­
        products resulting from such supplies ;
 ( ii ) The export , commercially or otherwise , within six months of the last
        delivery , either of the product obtained locally and of the same
        nature as the product received as aid or of any products or by-products
        resulting from it .
                                 ARTICLE VIII
              The recipient country undertakes to inform the European Economic
 Community how this Agreement is being implemented . To this end it shall
 provide the Commission of the European Communities with the following
 information :
 ( i ) Not later than thirty days after the unloading of each cargo :
       ports and dates of "arrival of the vessel ; nature , quantity and quality
       of the products unloaded ; date on which unloading was completed ;
                                                             ./•
 ---pagebreak--- ( ii ) Every three months until the quantities received as aid have been
       fully used : reports indicating in particular number and nature of
       the beneficiaries , the quantities distributed , places and manner of
       distribution . .
                                 ARTICLE IX
             At the request of either of them , the Contracting Parties shall
consult each other on any questions concerning the implementation of this
Agreement .
                                ARTICLE X
             This Agreement is drawn up in duplicate in the Danish , Eutoh ,
English , French , German and Italian languages , each of these texts being
equally authentic .
                I
 ---pagebreak---           *               AMEX TO ARTICLD III OF THE AGREEMENT
                                    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 tne
goods , including the costs of unloading ( breaking , "bulk , hoisting , taking
delivery, for example ) as well as any lighterage costs .
Any demurrage costs or dispatch money at the port of unloading shall , as
                   I
the casd may be , '"-be borne by or paid to the recipient' country . The rates
and conditions of payment applying to any contract between the Community
lament 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 jirtioie.-.^.        .
                                    Article 2
The European Economic Community shall forward to the recipient country,
as coon ap 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 days before that date .
                                                                        •/.
 ---pagebreak--- 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 proba,ble date of the ship 's arrival in the
port .
                                 Article 4
On delivery of the goods , a tolerance of 5% less than the quantity to be
supplied in accordance with Article I of the Agreement is permitted .
                                Article 5
The European Economic Community shall appoint an agent to implement the
provisions of this Annex , and shall in good time , forward the latter 's
nc-rne and address to the recipient country.
The recipient country shall appoint an agent in each port of unloading,
end shall forward the latter' s name and address to the European Economic
Community prior to implementation of the Agreement .