BP 2007 Products

zero rated for VAT, the Buyer is required to provide the Seller, prior to commencement of
loading/ discharge/transfer, with a declaration (in accordance with the requirements of
Article 12 of the “Uitvoeringsbesluit Omzetbelasting 1968”) stating that “(a) the Product
delivered under the Agreement will be delivered into a suspension regime for excise duty
by delivery of the Product into an AGP (Accijnsgoederenplaats), the licence number of
which is [licence number], and (b) the Product will not be drawn from this regime for
purposes other than a fully VAT taxable supply”.
In addition to the foregoing, if the loading terminal is not operated by the Seller, the Seller
shall also require the declaration referred to above to include “and (c) the Buyer has
received confirmation from the receiving AGP licence holder, declaring that the Product
will be taken into its licence for itself or on behalf of its customer”.
6. Compulsory storage
All and any compulsory stock obligations arising out of the delivery to or by Barge by the
Seller to the Buyer of Product from a Loading Terminal in The Netherlands or Belgium
under the Agreement shall be for the Buyer’s account.
7. Other fiscal and excise documentary requirements
The parties will each comply with any applicable documentary requirement for fiscal or
excise purposes as now exists or comes into effect in the future. A party (a “defaulting
party”) that fails to comply with this obligation shall indemnify the other in respect of any
costs or expenses incurred by that party which would not have been incurred but for the
failure of the defaulting party.
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