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EXCHANGE OF LETTERS

PURSUANT TO ARTICLE 2 OF PROTOCOL NO 8 OF THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE PORTUGUESE REPUBLIC SIGNED ON 22 JULY 1972

LETTER NO 1

SIR ,

PURSUANT TO ARTICLE 2 OF PROTOCOL NO 8 OF THE AGREEMENT CONCLUDED BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND PORTUGAL AND FOLLOWING THE CLARIFICATIONS EXCHANGED ON THE CONDITIONS GOVERNING IMPORTS INTO THE COMMUNITY OF PREPARED OR PRESERVED SARDINES FALLING WITHIN THE COMMON CUSTOMS TARIFF SUBHEADING 16.04 D , I HAVE THE HONOUR TO INFORM YOU THAT PORTUGAL UNDERTAKES TO ENSURE THAT THE PRICES CHARGED FOR IMPORTS INTO THE COMMUNITY ARE NOT LESS THAN THE PRICES SET OUT IN THE ANNEX AND ALSO TO PREVENT ANY DEFLECTION OF TRADE .

TO THIS END THE PORTUGUESE GOVERNMENT DECLARES THAT ALL EXPORTS TO THE COMMUNITY OF PREPARED OR PRESERVED SARDINES FALLING WITHIN THE COMMON CUSTOMS TARIFF SUBHEADING 16.04 D AND WHICH ORIGINATE IN AND COME FROM PORTUGAL ARE EFFECTED EXCLUSIVELY BY EXPORTERS WHOSE OPERATIONS ARE CONTROLLED BY " L'INSTITUTO PORTUGUES DAS CONSERVAS DE PEIXE " ( PORTUGUESE INSTITUTE FOR PRESERVED FISH ) .

FURTHERMORE , THE ASSURANCES WITH REGARD TO PRICES WILL BE IMPLEMENTED IN THE MANNER AGREED BETWEEN " L'INSTITUTO PORTUGUES DAS CONSERVAS DE PEIXE " AND THE DIRECTORATE-GENERAL FOR AGRICULTURE OF THE COMMISSION OF THE EUROPEAN COMMUNITIES .

PLEASE ACCEPT , SIR , THE ASSURANCE OF MY HIGHEST CONSIDERATION .

... ( SIGNED ) AMBASSADOR

ANNEX

SIZE*NET WEIGHT*SEMI-GROSS WEIGHT*CAPACITY*COEFFICIENTS*MINIMUM PRICES CUSTOMS DUTIES INCLUDED U.A . PER CARTON OF 100 TINS*

COMMERCIAL DESIGNATION*TOTAL HEIGHT MM*OUNCES*G*G*CUBIC CM**COMMUNITY*UNITED KINGDOM*

*******IN OLIVE OIL*IN ANOTHER SAUCE*IN OLIVE OIL*IN ANOTHER SAUCE*

RECTANGULAR BOTTOM***********

1/10 CLUB*20*2*56*95*53*0,60*11,10*10,20*8,88*8,16*

1/8 CLUB*25*2 3/4*80*120*75*0,70*12,95*11,90*10,36*9,52*

1/4 REDUCED*18*2 5/8*74*130*73*0,77*14,25*13,09*11,40* 10,47*

1/8 CLUB*30*3 1/4*90*14093*0,80*14,80*13,60*11,84*10,88*

1/4 SPECIAL*25*3 1/6*90*140*90*0,85*15,73*14,45*12,58* 11,56*

1/8 LOW PLAT*24*3 3/8*95*145*96*0,90*16,65*15,30*13,32* 12,24*

1/4 CLUB*30*4 3/8*125*190*125*1,00*18,50*17,00*14,80*13,60*

1/6 P 25****176*125*1,00*18,50*17,00*14,80*13,60*

1/4 USUAL*22*3 3/4*105*180*106*1,00*18,50*17,00*14,80* 13,60*

1/6 ( CLUB 30 ) ****188*130*1,00*18,50*17,00*14,80*13,60*

1/4 USUAL*24*4 3/8*125*195*125*1,10*20,35*18,70*16,28* 14,96*

1/4 USUAL*30*5 1/4*150*240*169*1,30*24,05*22,10*19,24* 17,68*

1/4 CLUB*40*6 1/4*175*250*178*1,30*24,05*22,10*19,24*17,68*

1/4 P 30****250*187*1,30*24,05*22,10*19,24*17,68*

1/4 AMERICAN*30*7*200*300*207*1,60*29,60*27,20*23,68*21,76*

1/4 USUAL*40*9 1/4*260*326*250*1,80*33,30*30,60*26,64* 24,48*

1/3 P****337*250*1,80*33,30*30,60*26,64*24,48*

1/4 CLUB LONG*40*8 3/4*248*320*241*1,80*33,30*30,60*26,64* 24,48*

1/2 LOW*30*9 1/4*260*370*245*2,20*40,70*37,40*32,56*29,92*

1/4 USUAL LONG*40*11 1/2*325*423*313*2,50*46,25*42,50* 37,00*34,00*

1/4 USUAL*48*11*310*390*297*2,60*48,10*44,20*38,48*35,36*

1/2 LARGE*40*11 1/2*325*460*330*2,70*49,95*45,90*39,96* 36,72*

1/2 P****476*375*2,70*49,95*45,90*39,96*36,72*

1/1****902*750*4,65*86,03*79,05*68,82*63,24*

4/4*80*27 1/2*780*950*771*4,65*86,03*79,05*68,82*63,24*

OVAL BOTTOM***********

1/2 OVAL*40*15*425*555*452*3,40*62,90*57,80*50,32*46,24*

LETTER NO 2

YOUR EXCELLENCY ,

I BEG TO ACKNOWLEDGE RECEIPT OF YOUR LETTER OF TODAY WORDED AS FOLLOWS :

" PURSUANT TO ARTICLE 2 OF PROTOCOL NO 8 OF THE AGREEMENT CONCLUDED BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND PORTUGAL AND FOLLOWING THE CLARIFICATIONS EXCHANGED ON THE CONDITIONS GOVERNING IMPORTS INTO THE COMMUNITY OF PREPARED OR PRESERVED SARDINES FALLING WITHIN THE COMMON CUSTOMS TARIFF SUBHEADING 16.04 D , I HAVE THE HONOUR TO INFORM YOU THAT PORTUGAL UNDERTAKES TO ENSURE THAT THE PRICES CHARGED FOR IMPORTS INTO THE COMMUNITY ARE NOT LESS THAN THE PRICES SET OUT IN THE ANNEX AND ALSO TO PREVENT ANY DEFLECTION OF TRADE .

TO THIS END THE PORTUGUESE GOVERNMENT DECLARES THAT ALL EXPORTS TO THE COMMUNITY OF PREPARED OR PRESERVED SARDINES FALLING WITHIN THE COMMON CUSTOMS TARIFF SUBHEADING 16.04 D AND WHICH ORIGINATE IN AND COME FROM PORTUGAL ARE EFFECTED EXCLUSIVELY BY EXPORTERS WHOSE OPERATIONS ARE CONTROLLED BY " L'INSTITUTO PORTUGUES DAS CONSERVAS DE PEIXE " ( PORTUGUESE INSTITUTE FOR PRESERVED FISH ) .

FURTHERMORE , THE ASSURANCES WITH REGARD TO PRICES WILL BE IMPLEMENTED IN THE MANNER AGREED BETWEEN " L'INSTITUTO PORTUGUES DAS CONSERVAS DE PEIXE " AND THE DIRECTORATE-GENERAL FOR AGRICULTURE OF THE COMMISSION OF THE EUROPEAN COMMUNITIES . "

I HAVE THE HONOUR TO INFORM YOU THAT THE PROVISIONS OF ARTICLE 2 OF PROTOCOL NO 8 OF THE AGREEMENT AND THE ARRANGEMENTS AGREED BY THIS EXCHANGE OF LETTERS ARE APPLICABLE FROM 1 FEBRUARY 1973 .

WHEN A DIFFERENCE IS NOTED BETWEEN SELLING PRICES ON THE COMMUNITY MARKET AND SELLING PRICES ON THE UNITED KINGDOM MARKET , DIFFERENT MINIMUM PRICES MAY BE LAID DOWN FOR EACH OF THESE MARKETS .

I BEG TO REMIND YOU THAT THE PRICES SET OUT IN THE ANNEX ARE INCLUSIVE OF CUSTOMS DUTIES AND ARE VALID FOR ONE YEAR ONLY .

I SHOULD BE GRATEFUL IF YOU WOULD KINDLY CONFIRM THE AGREEMENT OF YOUR GOVERNMENT WITH THE THREE PRECEDING PARAGRAPHS .

PLEASE ACCEPT , YOUR EXCELLENCY , THE ASSURANCE OF MY HIGHEST CONSIDERATION .

... ( SIGNED ) DIRECTOR-GENERAL

ANNEX

SIZE*NET WEIGHT*SEMI-GROSS WEIGHT*CAPACITY*COEFFICIENTS*MINIMUM PRICES CUSTOMS DUTIES INCLUDED U.A . PER CARTON OF 100 TINS*

COMMERCIAL DESIGNATION*TOTAL HEIGHT MM*OUNCES*G*G*CUBIC CM**COMMUNITY*UNITED KINGDOM*

*******IN OLIVE OIL*IN ANOTHER SAUCE*IN OLIVE OIL*IN ANOTHER SAUCE*

RECTANGULAR BOTTOM***********

1/10 CLUB*20*2*56*95*53*0,60*11,10*10,20*8,88*8,16*

1/8 CLUB*25*2 3/4*80*120*75*0,70*12,95*11,90*10,36*9,52*

1/4 REDUCED*18*2 5/8*74*130*73*0,77*14,25*13,09*11,40* 10,47*

1/8 CLUB*30*3 1/4*90*140*93*0,80*14,80*13,60*11,84*10,88*

1/4 SPECIAL*25*3 1/6*90*140*90*0,85*15,73*14,45*12,58* 11,56*

1/8 LOW PLAT*24*3 3/8*95*145*96*0,90*16,65*15,30*13,32* 12,24*

1/4 CLUB*30*4 3/8*125*190*125*1,00*18,50*17,00*14,80*13,60*

1/6 P 25****176*125*1,00*18,50*17,00*14,80*13,60*

1/4 USUAL*22*3 3/4*105*180*106*1,00*18,50*17,00*14,80* 13,60*

1/6 ( CLUB 30 ) ****188*130*1,00*18,50*17,00*14,80*13,60*

1/4 USUAL*24*4 3/8*125*195*125*1,10*20,35*18,70*16,28* 14,96*

1/4 USUAL*30*5 1/4*150*240*169*1,30*24,05*22,10*19,24* 17,68*

1/4 CLUB*40*6 1/4*175*250*178*1,30*24,05*22,10*19,24*17,68*

1/4 P 30****250*187*1,30*24,05*22,10*19,24*17,68*

1/4 AMERICAN*30*7*200*300*207*1,60*29,60*27,20*23,68*21,76*

1/4 USUAL*40*9 1/4*260*326*250*1,80*33,30*30,60*26,64* 24,48*

1/3 P****337*250*1,80*33,30*30,60*26,64*24,48*

1/4 CLUB LONG*40*8 3/4*248*320*241*1,80*33,30*30,60*26,64* 24,48*

1/2 LOW*30*9 1/4*260*370*245*2,20*40,70*37,40*32,56*29,92*

1/4 USUAL LONG*40*11 1/2*325*423*313*2,50*46,25*42,50* 37,00*34,00*

1/4 USUAL*48*11*310*390*297*2,60*48,10*44,20*38,48*35,36*

1/2 LARGE*40*11 1/2*325*460*330*2,70*49,95*45,90*39,96* 36,72*

1/2 P****476*375*2,70*49,95*45,90*39,96*36,72*

1/1****902*750*4,65*86,03*79,05*68,82*63,24*

4/4*80*27 1/2*780*950*771*4,65*86,03*79,05*68,82*63,24*

OVAL BOTTOM***********

1/2 OVAL*40*15*425*555*452*3,40*62,90*57,80*50,32*46,24*

LETTER NO 3

SIR ,

I HAVE THE HONOUR TO ACKNOWLEDGE RECEIPT OF YOUR LETTER OF TODAY IN WHICH YOU INFORM ME AS FOLLOWS :

" I HAVE THE HONOUR TO INFORM YOU THAT THE PROVISIONS OF ARTICLE 2 OF PROTOCOL NO 8 OF THE AGREEMENT AND THE ARRANGEMENTS AGREED BY THIS EXCHANGE OF LETTERS ARE APPLICABLE FROM 1 FEBRUARY 1973 .

WHEN A DIFFERENCE IS NOTED BETWEEN SELLING PRICES ON THE COMMUNITY MARKET AND SELLING PRICES IN THE UNITED KINGDOM MARKET , DIFFERENT MINIMUM PRICES MAY BE LAID DOWN FOR EACH OF THESE MARKETS .

I BEG TO REMIND YOU THAT THE PRICES SET OUT IN THE ANNEX ARE INCLUSIVE OF CUSTOMS DUTIES AND ARE VALID FOR ONE YEAR ONLY .

I SHOULD BE GRATEFUL IF YOU WOULD KINDLY CONFIRM THE AGREEMENT OF YOUR GOVERNMENT WITH THE THREE PRECEDING PARAGRAPHS . "

I HAVE THE HONOUR TO CONFIRM THE AGREEMENT OF MY GOVERNMENT WITH THE FOREGOING .

PLEASE ACCEPT , SIR , THE ASSURANCE OF MY HIGHEST CONSIDERATION .

... ( SIGNED ) AMBASSADOR

EXCHANGE OF LETTERS

PURSUANT TO ARTICLE 3 OF PROTOCOL NO 8 OF THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE PORTUGUESE REPUBLIC SIGNED ON 22 JULY 1972

LETTER NO 1

SIR ,

IN PURSUANCE OF ARTICLE 3 OF PROTOCOL NO 8 OF THE AGREEMENT CONCLUDED BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND PORTUGAL ON 22 JULY 1972 AND FOLLOWING THE CLARIFICATIONS EXCHANGED ON THE CONDITIONS GOVERNING IMPORTS INTO THE COMMUNITY OF TOMATOES WHICH ARE PREPARED OR PRESERVED OTHERWISE THAN BY VINEGAR OR ACETIC ACID AND ORIGINATE IN AND COME FROM PORTUGAL , I HAVE THE HONOUR TO INFORM YOU THAT PORTUGAL WILL TAKE ALL NECESSARY MEASURES IN ORDER THAT THE QUANTITIES SUPPLIED TO THE COMMUNITY IN 1973 WILL NOT EXCEED 70 000 TONS , COMPRISING 20 000 TONS TO THE COMMUNITY AS ORIGINALLY CONSTITUTED AND A TOTAL OF 50 000 TONS TO DENMARK , IRELAND AND THE UNITED KINGDOM .

FURTHERMORE , PORTUGAL REQUESTS EXEMPTION FROM IMPORT LICENSING , AS PROVIDED FOR IN ARTICLE 1 ( 4 ) OF COMMISSION REGULATION ( EEC ) NO 1558/71 OF 20 JULY 1971 , IN RESPECT OF IMPORTS INTO THE COMMUNITY OF TOMATOES WHICH ARE PREPARED OR PRESERVED OTHERWISE THAN BY VINEGAR OR ACETIC ACID AND ORIGINATE IN AND COME FROM PORTUGAL .

TO THIS END THE PORTUGUESE GOVERNMENT DECLARES THAT ALL EXPORTS TO THE COMMUNITY OF TOMATOES WHICH ARE PREPARED OR PRESERVED OTHERWISE THAN BY VINEGAR OR ACETIC ACID AND ORIGINATE IN AND COME FROM PORTUGAL ARE EFFECTED EXCLUSIVELY BY EXPORTERS WHOSE OPERATIONS ARE CONTROLLED BY THE " JUNTA NACIONAL DAS FRUTAS " ( NATIONAL FRUIT OFFICE ) .

THE PORTUGUESE GOVERNMENT UNDERTAKES TO ENSURE THAT THE PRICES OF IMPORTS INTO THE COMMUNITY ARE NOT LESS THAN THE PRICES SET OUT IN THE ANNEX AND ALSO TO PREVENT ANY DEFLECTION OF TRADE .

THE ASSURANCES WITH REGARD TO QUANTITIES AND PRICES WILL BE IMPLEMENTED IN THE MANNER AGREED BETWEEN THE " JUNTA NACIONAL DAS FRUTAS " AND THE DIRECTORATE-GENERAL FOR AGRICULTURE OF THE COMMISSION OF THE EUROPEAN COMMUNITIES .

PLEASE ACCEPT , SIR , THE ASSURANCE OF MY HIGHEST CONSIDERATION .

... ( SIGNED ) AMBASSADOR