Indian Treaty Series

New Delhi, 15 March 1974

BEING desirous of further developing and consolidating cultural relations between the Federal Republic of Germany and India and

FOR THE PURPOSE of extending cooperation between the two countries in the field of radio and television,

IN CONFORMITY with the main Cultural Agreement between the Federal Republic of Germany and the Republic of India, signed on 20th March, 1969, DEUTSCHE WELLE (the Voice of Germany) as a member and on behalf of Arbeitsgemeinschaft Deutscher Rundfunkanstalen (ARD) and the All India Radio,

HAVE AGREED to the following :

Article I

RADIO

The two Parties shall exchange in the field of radiophonic programmes the following :

- recorded material and texts reflecting different aspects of social, economic, cultural, artistic and sports life;
- material pertaining to education, scientific and technical achievements;
- material intended for children’s and youth programmes and literary programmes;
- texts of plays written for radio;
- recordings of music and music programmes based on artistic music, folklores as well as recordings of entertainment music. The two sides shall exchange material on musical live-recordings of concerts, music competitions, festivals etc. accompanied with explanatory notes;
- material pertaining to history, geography, life of the people and development of tourism in the two countries;
- information regarding the development of relation between Federal Republic of Germany and India.

Article II
TELEVISION

To promote cooperation in the Field of Television, particularly the exchange of television programmes, DEUTSCHE WELLE will offer its services as coordinating agency to ARD in order to further the relations between AIR’s and ARD Television stations. Furthermore, they agree to intensify the cooperation between German Television distributors such as Trans-Tel and e-te- es (European Television Services) and All India Radio.

Article III

DEUTSCHE WELLE and All India Radio shall exchange special programmes on their national days and special occasions.

Article IV

The exchange of programmes between the two Parties shall be exercised on the basis of mutual offers and mutual agreement on a no-charge basis, as well as at the initiative or the request of other Party, according to their capacities. The Sending Party covers the expenses of forwarding the TV and radio material. Import duties, if any, will be borne by the Receiving Party. Mutual exchange of material, as indicated in the present Agreement does not bind the Receiving Party to pay for rights of and claims for remuneration by third Parties. These rights, if necessary, will be covered by the Party that sends the material. The payment of royalties for broadcasting of music or dramatic and musical-cum-dramatic works will be borne by the Party using the programme material, under the regulations in force in that country. Each side can supplement its supply by offering in specific cases programmes on a commercial basis.

Article V

Each Party shall use the material, obtained by means of exchange, at its own will. The material cannot be transferred to a third party without the agreement of the Sending Party. In specified cases the consigner is entitled to specify that recordings may only be broadcast a stated number of times and within a certain period of time covered by the licence, and that the recordings must thereafter be returned or destroyed.

Article VI

(1) The two Parties will afford facilities and necessary assistance, according to their respective capacities, to special reporters, radio and television teams and other associates for :

(i) exchange of views and experience, and
(ii) for consultation in order to continuously improve cooperation.

(2) While the Parties envisage to provide, by mutual agreement, personnel for temporary employment at the institution of the other Party, details of the cooperation in this field will have to be worked out separated by mutual agreement.

(3) Financial terms for the providing of personnel under this Article will be the same as those applicable to similar exchanges under the Cultural Exchange Programme between the India and the Federal Republic of Germany.

Article VII

DEUTSCHE WELLE and All India Radio agree on the exchange in information about the development of their Broadcasting Organisations in the field of Radio and TV programmes and technical methods by means of their programme journals or other material. This exchange shall be free of charge.

Article VIII

The two Parties will exchange annual reports of progress in implementing the protocol during the proceeding year and also make proposals concerning cooperation in the coming year.
Article IX

The Protocol will remain in force for a period of three years from the date of its signing and thereafter for another three years unless it is terminated by either of the Contracting Parties, by giving three months’ notice, in writing.

Amendments or additions to this Protocol shall be agreed upon between the two Parties in writing through an exchange of letters.

DONE in New Delhi on 15 March 1974 in two originals, one in the English and one in the German language, both texts being equally authentic.

For the ALL INDIA RADIO
Sd /-
S.K. MUKHERJEE

FOR DEUTSCHE WELLE
Sd /-
WALTER STEIGNER
Director-General