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( 1 ) OJ NO L 263 , 27 . 9 . 1978 , P . 2 .

COUNCIL REGULATION ( EEC ) NO 3142/78

OF 18 DECEMBER 1978

ON THE CONCLUSION OF THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE PEOPLE ' S DEMOCRATIC REPUBLIC OF ALGERIA ON THE IMPORTATION INTO THE COMMUNITY OF TOMATO CONCENTRATES ORIGINATING IN ALGERIA ( 1979 )

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 THE COOPERATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE PEOPLE ' S DEMOCRATIC REPUBLIC OF ALGERIA ( 1 ) WAS SIGNED ON 26 APRIL 1976 AND ENTERED INTO FORCE ON 1 NOVEMBER 1978 ;

WHEREAS THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE PEOPLE ' S DEMOCRATIC REPUBLIC OF ALGERIA ON THE IMPORTATION INTO THE COMMUNITY OF TOMATO CONCENTRATES ORIGINATING IN ALGERIA SHOULD BE APPROVED ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE PEOPLE ' S DEMOCRATIC REPUBLIC OF ALGERIA ON THE IMPORTATION INTO THE COMMUNITY OF TOMATO CONCENTRATES ORIGINATING IN ALGERIA IS HEREBY APPROVED ON BEHALF OF THE COMMUNITY .

THE TEXT OF THE AGREEMENT IS ANNEXED TO THIS REGULATION .

ARTICLE 2

THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO DESIGNATE THE PERSON EMPOWERED TO SIGN THE AGREEMENT FOR THE PURPOSE OF BINDING 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 BRUSSELS , 18 DECEMBER 1978 .

FOR THE COUNCIL

THE PRESIDENT

H.-D . GENSCHER

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AGREEMENT

IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE PEOPLE ' S DEMOCRATIC REPUBLIC OF ALGERIA ON THE IMPORTATION INTO THE COMMUNITY OF TOMATO CONCENTRATES ORIGINATING IN ALGERIA

A . LETTER FROM ALGERIA

SIR ,

WITH A VIEW TO IMPLEMENTING THE 30 % REDUCTION IN THE COMMON CUSTOMS TARIFF DUTIES PROVIDED FOR IN ARTICLE 19 OF THE COOPERATION AGREEMENT CONCLUDED BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE PEOPLE ' S DEMOCRATIC REPUBLIC OF ALGERIA , AND FOLLOWING THE CLARIFICATIONS EXCHANGED CONCERNING THE CONDITIONS GOVERNING IMPORTS INTO THE COMMUNITY OF TOMATO CONCENTRATES PREPARED OR PRESERVED OTHERWISE THAN BY VINEGAR OR ACETIC ACID AND FALLING WITHIN SUBHEADING 20.02 EX C OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN ALGERIA , I HAVE THE HONOUR TO INFORM YOU THAT THE ALGERIAN GOVERNMENT UNDERTAKES TO TAKE ALL NECESSARY MEASURES IN ORDER THAT THE QUANTITIES SUPPLIED TO THE COMMUNITY FROM 1 JANUARY TO 31 DECEMBER 1979 SHALL NOT EXCEED 100 TONNES .

TO THIS END THE ALGERIAN GOVERNMENT DECLARES THAT ALL EXPORTS TO THE COMMUNITY OF THE SAID PRODUCTS WILL BE EFFECTED EXCLUSIVELY BY EXPORTERS WHOSE OPERATIONS ARE CONTROLLED BY THE ' SOCIETE DE GESTION ET DE DEVELOPPEMENT DES INDUSTRIES ALIMENTAIRES ' ( SOGEDIA ) ( SOCIETY FOR THE ADMINISTRATION AND DEVELOPMENT OF THE FOODSTUFFS INDUSTRIES ).

THE GUARANTEES RELATING TO QUANTITIES WILL BE MET IN ACCORDANCE WITH THE PROCEDURES AGREED BETWEEN SOGEDIA AND THE DIRECTORATE-GENERAL FOR AGRICULTURE OF THE COMMISSION OF THE EUROPEAN COMMUNITIES .

I SHOULD BE GRATEFUL IF YOU WOULD CONFIRM THE AGREEMENT OF THE COMMUNITY WITH THE FOREGOING .

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

FOR THE ALGERIAN GOVERNMENT

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B . LETTER FROM THE COMMUNITY

SIR ,

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

' WITH A VIEW TO IMPLEMENTING THE 30 % REDUCTION IN THE COMMON CUSTOMS TARIFF DUTIES PROVIDED FOR IN ARTICLE 19 OF THE COOPERATION AGREEMENT CONCLUDED BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE PEOPLE ' S DEMOCRATIC REPUBLIC OF ALGERIA , AND FOLLOWING THE CLARIFICATION EXCHANGED CONCERNING THE CONDITIONS GOVERNING IMPORTS INTO THE COMMUNITY OF TOMATO CONCENTRATES PREPARED OR PRESERVED OTHERWISE THAN BY VINEGAR OR ACETIC ACID AND FALLING WITHIN SUBHEADING 20.02 EX C OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN ALGERIA , I HAVE THE HONOUR TO INFORM YOU THAT THE ALGERIAN GOVERNMENT UNDERTAKES TO TAKE ALL NECESSARY MEASURES IN ORDER THAT THE QUANTITIES SUPPLIED TO THE COMMUNITY FROM 1 JANUARY TO 31 DECEMBER 1979 SHALL NOT EXCEED 100 TONNES .

TO THIS END THE ALGERIAN GOVERNMENT DECLARES THAT ALL EXPORTS TO THE COMMUNITY OF THE SAID PRODUCTS WILL BE EFFECTED EXCLUSIVELY BY EXPORTERS WHOSE OPERATIONS ARE CONTROLLED BY THE " SOCIETE DE GESTION ET DE DEVELOPPEMENT DES INDUSTRIES ALIMENTAIRES " ( SOGEDIA ) ( SOCIETY FOR THE ADMINISTRATION AND DEVELOPMENT OF THE FOODSTUFFS INDUSTRIES ).

THE GUARANTEES RELATING TO QUANTITIES WILL BE MET IN ACCORDANCE WITH THE PROCEDURES AGREED BETWEEN SOGEDIA AND THE DIRECTORATE-GENERAL FOR AGRICULTURE OF THE COMMISSION OF THE EUROPEAN COMMUNITIES .

I SHOULD BE GRATEFUL IF YOU WOULD CONFIRM THE AGREEMENT OF THE COMMUNITY WITH THE FOREGOING . '

I AM ABLE TO CONFIRM THE AGREEMENT OF THE COMMUNITY WITH THE FOREGOING AND THAT CONSEQUENTLY THE 30 % REDUCTION IN THE COMMON CUSTOMS TARIFF DUTIES WILL APPLY TO THE QUANTITIES OF TOMATO CONCENTRATES ORIGINATING IN ALGERIA REFERRED TO IN YOUR LETTER FROM 1 JANUARY TO 31 DECEMBER 1979 .

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

ON BEHALF OF THE COUNCIL

OF THE EUROPEAN COMMUNITIES