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( 1 ) OJ NO L 25 , 30 . 1 . 1976 , P . 1 .

( 2 ) OJ NO L 190 , 23 . 7 . 1975 , P . 36 .

COUNCIL REGULATION ( EEC ) NO 2298/79

OF 15 OCTOBER 1979

ON THE CONCLUSION OF THE AGREEMENTS IN THE FORM OF EXCHANGES OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND BARBADOS , THE PEOPLE ' S REPUBLIC OF THE CONGO , FIJI , THE COOPERATIVE REPUBLIC OF GUYANA , JAMAICA , THE REPUBLIC OF KENYA , THE DEMOCRATIC REPUBLIC OF MADAGASCAR , THE REPUBLIC OF MALAWI , MAURITIUS , THE REPUBLIC OF SURINAM , THE KINGDOM OF SWAZILAND , THE UNITED REPUBLIC OF TANZANIA , TRINIDAD AND TOBAGO , THE REPUBLIC OF UGANDA , AND ALSO THE REPUBLIC OF INDIA , ON THE GUARANTEED PRICES FOR CANE SUGAR FOR 1979/80

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 113 THEREOF ,

HAVING REGARD TO THE RECOMMENDATION FROM THE COMMISSION ,

WHEREAS PROTOCOL 3 ON ACP SUGAR ANNEXED TO THE ACP-EEC CONVENTION OF LOME ( 1 ), AND THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF INDIA ON CANE SUGAR ( 2 ), ARE IMPLEMENTED IN THE CONTEXT OF THE MANAGEMENT OF THE COMMON ORGANIZATION OF THE SUGAR MARKET ;

WHEREAS IT IS APPROPRIATE TO APPROVE THE AGREEMENTS IN THE FORM OF EXCHANGES OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE STATES REFERRED TO IN PROTOCOL 3 ON ACP SUGAR AND THE REPUBLIC OF SURINAM , AND ALSO THE REPUBLIC OF INDIA , ON THE GUARANTEED PRICES FOR CANE SUGAR FOR 1979/80 ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE AGREEMENT IN THE FORM OF EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND BARBADOS , THE PEOPLE ' S REPUBLIC OF THE CONGO , THE COOPERATIVE REPUBLIC OF GUYANA , JAMAICA , THE REPUBLIC OF KENYA , THE DEMOCRATIC REPUBLIC OF MADAGASCAR , THE REPUBLIC OF MALAWI , MAURITIUS , THE REPUBLIC OF SURINAM , THE KINGDOM OF SWAZILAND , THE UNITED REPUBLIC OF TANZANIA , TRINIDAD AND TOBAGO AND THE REPUBLIC OF UGANDA ON THE GUARANTEED PRICES FOR CANE SUGAR FOR 1979/80 , AND THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF INDIA ON THE GUARANTEED PRICES FOR CANE SUGAR FOR 1979/80 , ARE HEREBY APPROVED ON BEHALF OF THE COMMUNITY .

THE TEXTS OF THESE AGREEMENTS ARE ANNEXED TO THIS REGULATION .

ARTICLE 2

THE PRESIDENT OF THE COUNCIL IS AUTHORIZED TO DESIGNATE THE PERSON EMPOWERED TO SIGN THE AGREEMENTS REFERRED TO IN ARTICLE 1 SO AS TO BIND THE COMMUNITY .

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT LUXEMBOURG , 15 OCTOBER 1979 .

FOR THE COUNCIL

THE PRESIDENT

J . GIBBONS

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AGREEMENT

IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND BARBADOS , THE PEOPLE ' S REPUBLIC OF THE CONGO , FIJI , THE COOPERATIVE REPUBLIC OF GUYANA , JAMAICA , THE REPUBLIC OF KENYA , THE DEMOCRATIC REPUBLIC OF MADAGASCAR , THE REPUBLIC OF MALAWI , MAURITIUS , THE REPUBLIC OF SURINAM , THE KINGDOM OF SWAZILAND , THE UNITED REPUBLIC OF TANZANIA , TRINIDAD AND TOBAGO AND THE REPUBLIC OF UGANDA , ON THE GUARANTEED PRICES FOR CANE SUGAR FOR 1979/80

LETTER NO 1

BRUSSELS , SIR ,

1 . THE REPRESENTATIVES OF THE ACP STATES REFERRED TO IN PROTOCOL 3 ON ACP SUGAR ANNEXED TO THE ACP-EEC CONVENTION OF LOME , OF THE REPUBLIC OF SURINAM , AND OF THE COMMISSION , ON BEHALF OF THE EUROPEAN ECONOMIC COMMUNITY , HAVE AGREED WITHIN THE FRAMEWORK OF THE NEGOTIATIONS PROVIDED FOR IN ARTICLE 5 ( 4 ) OF THE SAID PROTOCOL , ON THE FOLLOWING :

- FOR THE PERIOD 1 JULY 1979 TO 30 JUNE 1980 THE GUARANTEED PRICES REFERRED TO IN ARTICLE 5 ( 4 ) OF THE PROTOCOL SHALL , FOR THE PURPOSE OF INTERVENTION WITHIN THE TERMS OF ARTICLE 6 OF THE PROTOCOL , BE :

( A ) FOR RAW SUGAR , 34.13 ECU PER 100 KILOGRAMS ;

( B ) FOR WHITE SUGAR , 42.30 ECU PER 100 KILOGRAMS .

THESE PRICES , WHICH REPRESENT AN INCREASE OF 1.5 % OVER THOSE OF THE PRECEDING YEAR , SHALL REFER TO SUGAR OF STANDARD QUALITY AS DEFINED IN COMMUNITY LEGISLATION , UNPACKED , CIF EUROPEAN PORTS OF THE COMMUNITY .

2 . IT IS NOTED BY THE PARTIES TO THE AGREEMENT THAT , HAVING REGARD TO MARKET CONDITIONS GENERALLY AND TO OTHER RELEVANT FACTORS AND FOLLOWING DISCUSSIONS WITH THE IMPORTERS , THE ACP STATES CONCERNED STRONGLY HOPED THAT IT WOULD BE POSSIBLE TO SECURE , IN ADDITION TO THE AGREED GUARANTEED PRICES , A PREMIUM ON COMMUNITY MARKETS DURING THE DELIVERY PERIOD 1979/80 .

3 . ALTHOUGH RETROACTIVITY IS NOT PROVIDED FOR IN RESPECT OF THE 1979/80 PRICES , IT IS AGREED THAT THIS YEAR ' S DECISION DOES NOT PREJUDICE THE POSITION OF THE ACP STATES IN RELATION TO RETROACTIVITY IN ANY FUTURE NEGOTIATION IN ACCORDANCE WITH ARTICLE 4 ( 3 ) OF PROTOCOL 3 ANNEXED TO THE ACP-EEC CONVENTION OF LOME .

4 . IT WAS NOTED THAT THE COUNCIL OF MINISTERS OF THE COMMUNITY HAD NOT AUTHORIZED THE INCLUSION OF ANY FACTOR IN RESPECT OF FREIGHT CHARGES IN THE DETERMINATION OF THE GUARANTEED PRICES FOR THE DELIVERY PERIOD 1979/80 . THE ACP STATES REITERATED THEIR CONCERN AT THE BURDEN OF THESE CHARGES AND REQUESTED THAT THE SUBJECT SHOULD REMAIN OPEN FOR FURTHER CONSIDERATION . THE COMMUNITY TOOK NOTE OF THIS REQUEST .

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 COMMUNITY .

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

FOR THE COUNCIL OF

THE EUROPEAN COMMUNITIES

****

LETTER NO 2

BRUSSELS , SIR ,

I HAVE THE HONOUR TO ACKNOWLEDGE RECEIPT OF YOUR LETTER OF TODAY WHICH READS AS FOLLOWS :

' 1 . THE REPRESENTATIVES OF THE ACP STATES REFERRED TO IN PROTOCOL 3 ON ACP SUGAR ANNEXED TO THE ACP-EEC CONVENTION OF LOME , OF THE REPUBLIC OF SURINAM , AND OF THE COMMISSION , ON BEHALF OF THE EUROPEAN ECONOMIC COMMUNITY , HAVE AGREED WITHIN THE FRAMEWORK OF THE NEGOTIATIONS PROVIDED FOR IN ARTICLE 5 ( 4 ) OF THE SAID PROTOCOL , ON THE FOLLOWING :

- FOR THE PERIOD 1 JULY 1979 TO 30 JUNE 1980 THE GUARANTEED PRICES REFERRED TO IN ARTICLE 5 ( 4 ) OF THE PROTOCOL SHALL , FOR THE PURPOSE OF INTERVENTION WITHIN THE TERMS OF ARTICLE 6 OF THE PROTOCOL , BE :

( A ) FOR RAW SUGAR , 34.13 ECU PER 100 KILOGRAMS ;

( B ) FOR WHITE SUGAR , 42.30 ECU PER 100 KILOGRAMS .

THESE PRICES , WHICH REPRESENT AN INCREASE OF 1.5 % OVER THOSE OF THE PRECEDING YEAR , SHALL REFER TO SUGAR OF STANDARD QUALITY AS DEFINED IN COMMUNITY LEGISLATION , UNPACKED , CIF EUROPEAN PORTS OF THE COMMUNITY .

2 . IT IS NOTED BY THE PARTIES TO THE AGREEMENT THAT , HAVING REGARD TO MARKET CONDITIONS GENERALLY AND TO OTHER RELEVANT FACTORS AND FOLLOWING DISCUSSIONS WITH THE IMPORTERS , THE ACP STATES CONCERNED STRONGLY HOPED THAT IT WOULD BE POSSIBLE TO SECURE , IN ADDITION TO THE AGREED GUARANTEED PRICES , A PREMIUM ON COMMUNITY MARKETS DURING THE DELIVERY PERIOD 1979/80 .

3 . ALTHOUGH RETROACTIVITY IS NOT PROVIDED FOR IN RESPECT OF THE 1979/80 PRICES , IT IS AGREED THAT THIS YEAR ' S DECISION DOES NOT PREJUDICE THE POSITION OF THE ACP STATES IN RELATION TO RETROACTIVITY IN ANY FUTURE NEGOTIATION IN ACCORDANCE WITH ARTICLE 4 ( 3 ) OF PROTOCOL 3 ANNEXED TO THE ACP-EEC CONVENTION OF LOME .

4 . IT WAS NOTED THAT THE COUNCIL OF MINISTERS OF THE COMMUNITY HAD NOT AUTHORIZED THE INCLUSION OF ANY FACTOR IN RESPECT OF FREIGHT CHARGES IN THE DETERMINATION OF THE GUARANTEED PRICES FOR THE DELIVERY PERIOD 1979/80 . THE ACP STATES REITERATED THEIR CONCERN AT THE BURDEN OF THESE CHARGES AND REQUESTED THAT THE SUBJECT SHOULD REMAIN OPEN FOR FURTHER CONSIDERATION . THE COMMUNITY TOOK NOTE OF THIS REQUEST .

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 COMMUNITY . '

I HAVE THE HONOUR TO CONFIRM THE AGREEMENT OF THE GOVERNMENTS OF THE ACP STATES REFERRED TO IN THIS LETTER WITH THE FOREGOING .

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

FOR THE GOVERNMENTS

****

AGREEMENT

IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF INDIA ON THE GUARANTEED PRICES FOR CANE SUGAR FOR 1979/80

LETTER NO 1

BRUSSELS , SIR ,

1 . THE REPRESENTATIVES OF THE REPUBLIC OF INDIA AND OF THE COMMISSION , ON BEHALF OF THE EUROPEAN ECONOMIC COMMUNITY , HAVE AGREED WITHIN THE FRAMEWORK OF THE NEGOTIATIONS PROVIDED FOR IN ARTICLE 5 ( 4 ) OF THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF INDIA ON CANE SUGAR , ON THE FOLLOWING :

- FOR THE PERIOD 1 JULY 1979 TO 30 JUNE 1980 THE GUARANTEED PRICES REFERRED TO IN ARTICLE 5 ( 4 ) OF THE AGREEMENT SHALL , FOR THE PURPOSE OF INTERVENTION WITHIN THE TERMS OF ARTICLE 6 OF THE AGREEMENT , BE :

( A ) FOR RAW SUGAR , 34.13 ECU PER 100 KILOGRAMS ,

( B ) FOR WHITE SUGAR , 42.30 ECU PER 100 KILOGRAMS .

THESE PRICES , WHICH REPRESENT AN INCREASE OF 1.5 % OVER THOSE OF THE PRECEDING YEAR , SHALL REFER TO SUGAR OF STANDARD QUALITY AS DEFINED IN COMMUNITY LEGISLATION , UNPACKED , CIF EUROPEAN PORTS OF THE COMMUNITY .

2 . IT IS NOTED BY THE PARTIES TO THE AGREEMENT THAT , HAVING REGARD TO MARKET CONDITIONS GENERALLY AND TO OTHER RELEVANT FACTORS , THE REPUBLIC OF INDIA STRONGLY HOPED THAT IT WOULD BE POSSIBLE TO SECURE , IN ADDITION TO THE AGREED GUARANTEED PRICES , A PREMIUM ON COMMUNITY MARKETS DURING THE DELIVERY PERIOD 1979/80 .

3 . ALTHOUGH RETROACTIVITY IS NOT PROVIDED FOR IN RESPECT OF THE 1979/80 PRICES , IT IS AGREED THAT THIS YEAR ' S DECISION DOES NOT PREJUDICE THE POSITION OF THE REPUBLIC OF INDIA IN RELATION TO RETROACTIVITY IN ANY FUTURE NEGOTIATION IN ACCORDANCE WITH ARTICLE 4 ( 3 ) OF THE AGREEMENT .

4 . IT WAS NOTED THAT THE COUNCIL OF MINISTERS OF THE COMMUNITY HAD NOT AUTHORIZED THE INCLUSION OF ANY FACTOR IN RESPECT OF FREIGHT CHARGES IN THE DETERMINATION OF THE GUARANTEED PRICES FOR THE DELIVERY PERIOD 1979/80 . THE REPUBLIC OF INDIA REITERATED ITS CONCERN AT THE BURDEN OF THESE CHARGES AND REQUESTED THAT THE SUBJECT SHOULD REMAIN OPEN FOR FURTHER CONSIDERATION . THE COMMUNITY TOOK NOTE OF THIS REQUEST .

I SHOULD BE OBLIGED IF YOU WOULD ACKNOWLEDGE RECEIPT OF THIS LETTER AND CONFIRM THAT THIS LETTER AND YOUR REPLY CONSTITUTE AN AGREEMENT BETWEEN YOUR GOVERNMENT AND THE COMMUNITY .

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

FOR THE COUNCIL OF

THE EUROPEAN COMMUNITIES

****

LETTER NO 2

BRUSSELS , SIR ,

I HAVE THE HONOUR TO ACKNOWLEDGE RECEIPT OF YOUR LETTER OF TODAY WHICH READS AS FOLLOWS :

' 1 . THE REPRESENTATIVES OF THE REPUBLIC OF INDIA AND OF THE COMMISSION , ON BEHALF OF THE EUROPEAN ECONOMIC COMMUNITY , HAVE AGREED WITHIN THE FRAMEWORK OF THE NEGOTIATIONS PROVIDED FOR IN ARTICLE 5 ( 4 ) OF THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF INDIA ON CANE SUGAR , ON THE FOLLOWING :

- FOR THE PERIOD 1 JULY 1979 TO 30 JUNE 1980 THE GUARANTEED PRICES REFERRED TO IN ARTICLE 5 ( 4 ) OF THE AGREEMENT SHALL , FOR THE PURPOSE OF INTERVENTION WITHIN THE TERMS OF ARTICLE 6 OF THE AGREEMENT , BE :

( A ) FOR RAW SUGAR : 34.13 ECU PER 100 KILOGRAMS ,

( B ) FOR WHITE SUGAR : 42.30 ECU PER 100 KILOGRAMS .

THESE PRICES , WHICH REPRESENT AN INCREASE OF 1.5 % OVER THOSE OF THE PRECEDING YEAR , SHALL REFER TO SUGAR OF STANDARD QUALITY AS DEFINED IN COMMUNITY LEGISLATION , UNPACKED , CIF EUROPEAN PORTS OF THE COMMUNITY .

2 . IT IS NOTED BY THE PARTIES TO THE AGREEMENT THAT , HAVING REGARD TO MARKET CONDITIONS GENERALLY AND TO OTHER RELEVANT FACTORS , THE REPUBLIC OF INDIA STRONGLY HOPED THAT IT WOULD BE POSSIBLE TO SECURE , IN ADDITION TO THE AGREED GUARANTEED PRICES , A PREMIUM ON COMMUNITY MARKETS DURING THE DELIVERY PERIOD 1979/80 .

3 . ALTHOUGH RETROACTIVITY IS NOT PROVIDED FOR IN RESPECT OF THE 1979/80 PRICES IT IS AGREED THAT THIS YEAR ' S DECISION DOES NOT PREJUDICE THE POSITION OF THE REPUBLIC OF INDIA IN RELATION TO RETROACTIVITY IN ANY FUTURE NEGOTIATION IN ACCORDANCE WITH ARTICLE 4 ( 3 ) OF THE AGREEMENT .

4 . IT WAS NOTED THAT THE COUNCIL OF MINISTERS OF THE COMMUNITY HAD NOT AUTHORIZED THE INCLUSION OF ANY FACTOR IN RESPECT OF FREIGHT CHARGES IN THE DETERMINATION OF THE GUARANTEED PRICES FOR THE DELIVERY PERIOD 1979/80 . THE REPUBLIC OF INDIA REITERATED ITS CONCERN AT THE BURDEN OF THESE CHARGES AND REQUESTED THAT THE SUBJECT SHOULD REMAIN OPEN FOR FURTHER CONSIDERATION . THE COMMUNITY TOOK NOTE OF THIS REQUEST .

I SHOULD BE OBLIGED IF YOU WOULD ACKNOWLEDGE RECEIPT OF THIS LETTER AND CONFIRM THAT THIS LETTER AND YOUR REPLY CONSTITUTE AN AGREEMENT BETWEEN YOUR GOVERNMENT AND THE COMMUNITY . '

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

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

FOR THE GOVERNMENT OF

THE REPUBLIC OF INDIA