EN Official Journal of the European Union L 356/1

COUNCIL DECISION

of 30 March 2004

on the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and Barbados, Belize, the Republic of Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Suriname, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe concerning the accession of the Republic of Mozambique to Protocol No 3 on ACP Sugar of Annex V to the ACP-EC Partnership Agreement

(2004/804/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The Joint Declaration in Protocol No 3 on ACP Sugar of Annex V to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000 (‘ACP-EC Partnership Agreement’) (1) provides that any request from an African, Caribbean or Pacific (ACP) State Contracting Party to the Agreement not specifically referred to in that Protocol to participate in its provisions shall be examined;

(2) The Republic of Mozambique is an ACP State Contracting Party to the ACP-EC Partnership Agreement and has requested to participate in the provisions of the said Protocol;

(3) In a letter of 20 October 2003, the ACP States have signified their assent to the accession of the Republic of Mozambique to the said Protocol;

(4) Following an examination of the request of the Republic of Mozambique showing that the country is a net exporter of sugar and capable to export sugar on a permanent basis, it is appropriate to propose the accession of the Republic of Mozambique to the said Protocol,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters between the European Community and Barbados, Belize, the Republic of Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d’Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Suriname, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe on the accession of the Republic of Mozambique to Protocol No 3 on ACP Sugar of Annex V to the ACP-EC Partnership Agreement is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.

Article 3

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 30 March 2004. For the Council The President M. McDOWELL

(1) OJ L 317, 15.12.2000, p. 269.

AGREEMENT

in the form of an exchange of letters between the European Community and Barbados, Belize, the Republic of Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Suriname, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe on the accession of the Republic of Mozambique to Protocol No 3 on ACP sugar of Annex V to the ACP-EC Partnership Agreement

Brussels, 16 September 2004

Sir,

The African, Caribbean and Pacific (ACP) States referred to in Protocol No 3 on ACP Sugar of Annex V to the ACP-EC Partnership Agreement, the Republic of Mozambique and the European Community have agreed on the following.

The Republic of Mozambique is hereby included in Article 3(1) of the said Protocol with effect from 1 July 2003 with an agreed quantity of 0 tonnes.

I should be obliged if you would acknowledge receipt of this letter and confirm that this letter and your reply constitute an Agreement between the Governments of the abovementioned ACP States and the European Community.

Please accept, Sir, the assurance of my highest consideration.

Por la Comunidad Europea For Det Europæiske Fællesskab Für die Europäische Gemeinschaft Για την Ευρωπαϊκή Κοινότητα For the European Community Pour la Communauté européenne Per la Comunità europea Voor de Europese Gemeenschap Pela Comunidade Europeia Euroopan yhteisön puolesta På Europeiska gemenskapens vägnar

Brussels, 16 September 2004

Sir,

I have the honour to acknowledge receipt of your letter of today which reads as follows:

‘The African, Caribbean and Pacific (ACP) states referred to in Protocol No 3 on ACP Sugar of Annex V to the ACP-EC Partnership Agreement, the Republic of Mozambique and the European Community have agreed on the following.

The Republic of Mozambique is hereby included in Article 3(1) of the said Protocol with effect from 1 July 2003 with an agreed quantity of 0 tonnes.

I should be obliged if you would acknowledge receipt of this letter and confirm that this letter and your reply constitute an Agreement between the Governments of the abovementioned ACP States and the European Community.’

I have the honour to confirm the agreement of the Governments of the ACP States referred to in your letter with the contents thereof.

Please accept, Sir, the assurance of my highest consideration.

For the Governments of the ACP States referred to in Protocol No 3 and of the Republic of Mozambique For the Government of Barbados

For the Government of Belize

Pour le gouvernement de la République du Congo

Pour le gouvernement de la République de Côte d’Ivoire

For the Government of the Sovereign Democratic Republic of Fiji

For the Government of the Cooperative Republic of Guyana

For the Government of Jamaica

For the Government of the Republic of Kenya

Pour le gouvernement de la République de Madagascar

For the Government of the Republic of Malawi

For the Government of the Republic of Mauritius

For the Government of Saint Kitts and Nevis

For the Government of the Republic of Suriname

For the Government of the Kingdom of Swaziland

For the Government of the United Republic of Tanzania

For the Government of the Republic of Trinidad and Tobago

For the Government of the Republic of Uganda

For the Government of the Republic of Zambia