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 butteroil as food aid #Agreement between the European Economic Community and the People's Republic of Bangladesh on the supply of butteroil as food aid

31 . 10. 74                      Official Journal of the European Communities                      No L 293 / 11
                                                 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 butteroil as food aid
                                                     (74/522/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 by Regulation (EEC) No 530/74 (*) the Council decided to make 6 500 metric
            tons of butteroil available to the People's Republic of Bangladesh,
             HAS DECIDED AS FOLLOWS :
                                                        Article 1
            The Agreement between the European Economic Community and the People's Republic
             of Bangladesh on the supply of butteroil 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 powers necessary to bind the
             Community.
             Done at Luxembourg, 2 October 1974.
                                                                         For the Council
                                                                          The President
                                                                          Ch. BONNET
              (*) OJ No L 65, 7. 3. 1974, p. 1 .
 ---documentbreak--- No L 293 / 12                         Official Journal of the European Communities                            31 . 10. 74
                                                       AGREEMENT
              between the European Economic Community and the People's Republic of Bangladesh
                                           on the supply of butteroil 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 Pleni­
              potentiaries :
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF BANGLADESH :
              WHO HAVE AGREED AS FOLLOWS :
                            Article I                            subject of consultations under Article VIII of this
                                                                 Agreement.
The European Economic Community, hereinafter
referred to as the ' Community', shall supply as a
gift to the People's Republic of Bangladesh,                                            Article IV
hereinafter referred to as the 'country of
 destination', 6 500 metric tons of butteroil of the              The country of destination undertakes to use the
 quality and with the packaging specified in Annex I,             product received as aid for purposes of consumption
which forms an integral part of this Agreement.                   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 shall be made in accordance with the                  special account at the central bank of that country
 arrangements set out in Annex II which forms an                  and allocated to the financing of one or more
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
 the necessary arrangements for the transport and                 The Contracting Parties undertake to implement this
 insurance of the delivered product from the point of             Agreement in such a way as to avoid any prejudice
 delivery to their place 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 care to ensure            measures required to ensure that aid supplies are in
 that the tendering arrangements for sea transport do             addition to, and do not replace, commercial
 not prejudice the free play of competition. Any                  transactions which might reasonably be expected in
 problems arising in this connection shall be the                 the absence of such supplies.
 ---pagebreak--- 31 . 10 . 74                            Official Journal of the European Communities                           No L 293 / 13
                          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 derived from them ;
                                                                  3 . on 15 January every year until the special
— the export, commercially or otherwise, within six                   account has been fully used :
     months from the date of the last delivery,, either
     of the product obtained locally which should be                  ( a) state of this account (deposits and
     of the same kind as that received as aid or of any                     withdrawals) on 31 December of the
     products derived from them.                                            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                                       Article VIII
Community of the circumstances surrounding the
implementation of this Agreement. For this purpose,               At the request of either of them, the Contracting
it shall provide the Commission of the European                   Parties shall consult each other on any questions
Communities with the following details :                          concerning the implementation of this Agreement.
1 . immediately after the unloading of each cargo :
     port and date of arrival of vessel ; nature,                                          Article IX
     quantity and any observations as to the quality
     of the products unloaded ; date on which                     This Agreement is drawn up in duplicate in the
     unloading was completed ; costs of sea transport             Danish, Dutch, English, French, German and Italian
     and of insurance relating thereto ;                          languages, each of these texts being authentic.
                                                           ANNEX I
                                                          BUTTEROIL
                                        QUALITY AND PACKAGING REQUIREMENTS
               I. Quality
                  ( a) Product characteristics :
                       Concentrated milk fat containing no less than 99-8 % of pure fats.
                  (b ) Standard composition:
                       (Analysis made at time of manufacture and packing):
                       — moisture an non-fat ingredients of milk : not more than 0-2 %>;
                       — fats : not less than 99-8 % ;
                       — free fatty acids : not more than 0-5% (expressed as oleic acid);
                       — peroxide level/kg: not more than one unit (in milli equivalents of active oxygen
                          per kg);
                       — taste : pure ;
                       — smell : absence of smell extraneous to butteroil .
              II. Conditions of packaging
                  ( a) Metal cans of 20 kg — one can per carton
                  (b) Marking on the packaging (in English):
              'Butteroil — Gift of the European Economic Community to the People's Republic of
              Bangladesh.'
 ---pagebreak--- No L 293 / 14                         Official Journal of the European Communities                                31 . 10 . 74
                                                          ANNEX II
                      ARRANGEMENTS REFERRED TO IN ARTICLE II OF THE AGREEMENT
                        CHAPTER I                               The other costs referred to in the first subparagraph shall
                                                                be refunded by the Community only if they have been
                     General provisions                         paid by the country of destination with the approval of
                                                                the Community .
                          Article 1
Delivery shall be effected and all risk shall pass from the                                 Article 5
Community to the country of destination at the moment
at which the goods are put down at the point of                 Where it is impossible for the Community to supply all
exportation named by the Commission of the European             or part of the goods on the date and within the time
Communities at the berth specified by the country of            limits provided for in Article 6 the agents of the
destination or its agent referred to in Article 2 and under      Community and of the country of destination may,
the terms specified in this Annex. Without prejudice to          without prejudice to Article 4, agree on a new date and a
Articles 7 and 8 the Community shall bear all costs prior        new time limit for the delivery of all the goods or of the
to delivery and the country of destination those after          undelivered part thereof.
delivery .
                                                                                         CHAPTER III
                          Article 2
                                                                          Obligations of the country of destination
For the purpose of implementing the provisions of this
Annex the Community shall appoint — if necessary for                                        Article 6
each consignment — an agent whose name and address it
shall   make   known    to   the    country   of destination     After contacting the Community, the country of
immediately following his appointment. For each port of         destination shall procure to transport all the quantities
shipment the country of destination shall appoint an             provided for in Article I of the Agreement one or more
agent whose name and address it shall make known to              vessels of dimensions corresponding to the normal
the Community with all dispatch and if possible before           capacity of the port of shipment; these vessels must be
the appointment of the agent of the Community.                   ready for loading on a date falling within the period
                                                                 referred to in Article 3 .
                                                                 The agent of the country of destination shall inform the
                           Article 3
                                                                 Community of this date and of the date for
                                                                 commencement of delivery as soon as he knows them, if
                                                                 possible 20 days in advance and in any case 10 days
Before implementing the procedure for appointing the             before the date for commencement of delivery.
agent of the Community referred to in Article 2, the
Commission of the European Communities and the                   He shall establish with the agent of the Community the
country of destination shall establish by joint agreement        schedule according to which delivery shall take place.
the period during which delivery must begin.
                                                                                            Article 7
                                                                 Where the country of destination is unable to begin
                       CHAPTER II                                loading on the date provided for in the first
                                                                 subparagraph of Article 6, the agent of the country of
              Obligations of the Community                       destination shall inform the agent of the Community
                                                                 without delay.
                            Article 4
                                                                 In this event the agents of the Community and of the
Where the Community is not in a position to carry out            country of destination may agree on a new date for the
 delivery on the date, and, if applicable, according to the      commencement of delivery and, if applicable, a new
schedule laid down in Article 6, all costs arising for the       schedule. The costs arising from the delay in loading
country of destination — in particular demurrage void            shall in all cases except force majeure be borne by the
freight and dead freight — shall be borne by the                 country of destination.
Community.
                                                                 Should the, new date provided for in the second
The charges and the arrangements relating to demurrage           subparagraph be more than 30 clear days after the date
laid down in the contract concluded between the country          for loading provided for in the first subparagraph of
of destination and the carrier must have previously been         Article 6, the Community may dispose of the goods
 agreed by the country of destination and the agent of the       without prejudice to its commitment under Article I of
Community.                                                       this Agreement.
 ---pagebreak--- 31 . 10 . 74                         Official Journal of the European Communities                             No L 293 / 15
                           Article 8                            under Article I of this Agreement and shall bear the costs
                                                               resulting from renunciation.
Where the quantity made available for loading on a              In any event, after an interval of 15 clear days and in the
vessel cannot be loaded on board in its entirety, the           absence of any notice on the part of the country of
country of destination shall inform the Community as           destination, renunciation shall be deemed to have taken
soon as possible, and no later than 15 clear days after        place .
loading has been completed, whether it intends to accept
or to renounce the balance .
                                                                                         Article 9
In the former case the second and third subparagraphs of
Article 7 shall apply to the balance, if delivery has not      Upon delivery of the goods, the country of destination
yet taken place.                                               shall hand over to the agent of the Community a
                                                               certificate of acceptance stating the port of shipment,
                                                               date of acceptance and the nature and quantity of the
In the latter case the Community may consider that it has      goods accepted, together with any comments on the
discharged its commitment to the country of destination        quality of the goods.
               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 butteroil 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 Huq, Ambassador Extraordinary and Plenipotentiary, Head of the
               Mission of Bangladesh to the European Economic Community.
 ---documentbreak--- NA ---documentbreak--- 31 . 10 . 74                         Official Journal of the European Communities                             No L 293 / 15
                           Article 8                            under Article I of this Agreement and shall bear the costs
                                                               resulting from renunciation.
Where the quantity made available for loading on a              In any event, after an interval of 15 clear days and in the
vessel cannot be loaded on board in its entirety, the           absence of any notice on the part of the country of
country of destination shall inform the Community as           destination, renunciation shall be deemed to have taken
soon as possible, and no later than 15 clear days after        place .
loading has been completed, whether it intends to accept
or to renounce the balance .
                                                                                         Article 9
In the former case the second and third subparagraphs of
Article 7 shall apply to the balance, if delivery has not      Upon delivery of the goods, the country of destination
yet taken place.                                               shall hand over to the agent of the Community a
                                                               certificate of acceptance stating the port of shipment,
                                                               date of acceptance and the nature and quantity of the
In the latter case the Community may consider that it has      goods accepted, together with any comments on the
discharged its commitment to the country of destination        quality of the goods.
               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 butteroil 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 Huq, Ambassador Extraordinary and Plenipotentiary, Head of the
               Mission of Bangladesh to the European Economic Community.