CELEX: 21973A1115(03)
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 common wheat as food aid

No L 23 / 14                        Official Journal of the European Communities                         28 . 1 . 74
                                                     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,
             ot the one part,
             THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF BANGLADESH,
             of the other part,                             f
             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 DECIDED AS FOLLOWS :
                         Article I                             ance of the delivered products from the ports of
                                                               discharge to the places of destination.
As part of its Food Aid Programme ( Cereals ) for
the year 1972/73 , the European Economic Commu­
nity, hereinafter referred to as the 'Community',                                     Article V
shall supply 175 000 metric tons of common wheat
of maize as a gift to the People's Republic of                 The country of destination undertakes to use the
Bangladesh, hereinafter referred to as the 'country            products received as aid for purposes of consump­
of destination'.                                               tion and to distribute such products to people in
                                                               need free of charge.
                        Article II
                                                                                      Article VI
Deliveries shall be made in bulk, cif at the ports of
discharge of the country of destination .                      The Contracting Parties undertake to implement
                                                               this Agreement in such manner as to avoid any prej­
                                                               udice to the normal structure of domestic produc­
                        Article III
                                                               tion and international trade. To this end they shall
The obligations and responsibilities of the Commu­             take any measures required to ensure that aid
 nity and of the country of destination relating to            supplies are in addition to, and do not replace,
 delivery and the taking of delivery are defined in            commercial transactions which might reasonably be
the Annex which forms an integral part of this                 expected to take place in the absence of such
 Agreement.                                                    supplies .
                        Article IV                                                    Article VII
 The country of destination undertakes to make all             The country of destination shall take all appro­
 necessary arrangements for the transport and insur-            priate measures to prevent :
 ---pagebreak--- 28 . 1 . 74                          Official Journal of the European Communities                               No L 23 / 15
— the re-export of the product received as aid and                       products discharged ; date on which discharge
    of products and by-products derived from it,                         was completed,
— the export, commercially or otherwise, within                     — every three months until the quantities received
    six months of the last delivery, either of the                       as aid have been fully used : the quantities distri­
    products obtained locally, of the same nature as                     buted, the number and type of recipients, and
    the products received as aid, or of any products                     the place and method of distribution.
    or by-products derived from them .
                                                                                           Article IX
                        Article VIII
                                                                     At the request of either of them, the Contracting
The country of destination undertakes to inform the                  Parties shall consult each other on any questions
Community as to how this Agreement is being                           concerning the implementation of this Agreement.
implemented . To this end, it shall provide the
Commission of the European Communities with the                                             Article X
following information :
— not more than 30 days after discharge of each                      This Agreement is drawn up in duplicate in the
    consignment : the port and date of ship's                        Danish, Dutch, English, French, German and Italian
    arrival ; nature, quantity and quality of the                    languages, each of these texts being authentic.
                                                            ANNEX
                                     Provisions laid down in Article III of the Agreement
                                                            Article 1
              Delivery shall be effected and all risk shall pass from the Community to the country of
              destination at the moment at which the goods are actually taken in charge in the ship's hold
              at the port of unloading.
              The country of destination shall pay all costs subsequent to delivery of the 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 be borne by 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 5 and the carrier
              must have been agreed in advance between that agent and the receiving agent of the country
              of destination referred to in Article 5 .
                                                            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 unloading.
                                                            Article 3
              The Community shall inform the country of destination of the ship's estimated date of arrival
              at the port of unloading 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 unloading.
 ---pagebreak--- No L 23 / 16                        Official Journal of the European Communities                                28 . 1 . 74
                                                            Article 4
             On delivery of the goods, a tolerance of 5 °/o less than the quantity to be supplied in accordance
             with Article I of the Agreement is permitted .
                                                           Article 5
             To implement the provisions of 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 imple­
             mented .
             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
             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.