COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(95) 41 final ; 
Brussels, 22.02.1'995 
95/0033 (ACC) 
Proposal for a 
COUNCIL DECISION 
on the conclusion of an Agreement in the form of an exchange of letters 
between the European Communities and Barbados, Belize, 
the Republic of the Congo, Fiji, the Cooperative Republic of Guyana, 
Republic of the Ivory Coast, Jamaica, the Republic of Kenya, 
the Republic of Madagascar, the Republic of Malawi, Mauritius, 
the Republic of Surinam, St. Christopher and Nevis, 
the Kingdom of Swaziland, the United Republic of Tanzania, 
Trinidad and Tobago, the Republic of Uganda, the Republic of Zimbabwe 
and the Republic of Zambia on the accession of the latter country 
to Protocol No 8 on ACP sugar annexed to the Fourth ACP-EEC convention 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
1. A joint declaration, annexed to Protocol 8 on ACP sugar, itself annexed 
to the Fourth ACP-EEC Convention of Lomé, concerning possible requests 
for participation in the provisions of that Protocol states : 
"Any request from an ACP State contracting party to the Convention not 
specifically referred to in Protocol 3 to participate in the provisions 
of that Protocol shall be examined.« 
2. Zambia requested by letter of 23 January 1987 its participation to that 
Protocol. The Community, by letter of 25 October 1988, agreed that 
Zambia could become signatory to the Protocol with a O agreed quantity, 
under the condition that a technical examination should establish the 
capacity of the applicant country to fulfill on a permanent basis the 
obligations imposed by the Protocol in regard to agreed quantities and 
that the new signatory would be eligible to benefit from future re­
allocation under Article 7(4) of that Protocol. 
The ACP accepted this position also with a letter dated 14 November 
1989. • r, 
3. A technical examination was carried out by the Commission in July 1990 
which resulted in the community position that it could not agree for 
the time being to Zambia's participating in the sugar Protocol, but 
that it would be prepared to resume examining this application should 
any change in the situation justify doing so (letter of 23.7.1991). 
4. Zambia requested by letter of 18.11.1993 to carry out a further 
technical examination of Zambia's sugar industry to establish its 
capability to fulfill the above-mentioned obligations. 
5. This examination was carried out by the Commission in June 1994. 
The conclusion to be drawn is that production has been stabilized at 
150.000 t and consumption has been established at a level of about 
85.000 to 90.000 t so that after serving the regional exports, a 
surplus of up to 30.000 t will be available on a permanent basis to 
export to the community or the world market. 
Recommendation 
6. The European Community could therefore now agree to Zambia's accession 
to the Sugar Protocol. 
Accordingly, the commission recommanda the council : 
(i) to agree that Zambia should be included in Article 3(1) of the 
Sugar Protocol with effect from 1 January 1995 with an agreed 
quantity of 0 ton; 
(ii) to approve the attached draft decision on the conclusion of an 
agreement^ in the form of an exchange of letters between the 
European community, the ACP states concerned and Zambia. 
7. Financial implications : the proposals set out above would be 
implemented within the framework of the management of the Common 
_ organization of the sugar markets and would not therefore, give rise to 
additional expenditure. ^ 
COUNCIL DECISION 
Of 
on the conclusion of an Agreement in the form of an exchange of letters 
between the European Communities and Barbados, Belize, 
the Republic of the Congo, Fiji, the Cooperative Republic of Guyana, 
Republic of the Ivory Coast, Jamaica, the Republic of Kenya, 
the Republic of Madagascar, the Republic of Malawi, Mauritius, 
the Republic of Surinam, St. Christopher and Nevis, 
the Kingdom of Swaziland, the United Republic of Tanzania, 
Trinidad and Tobago, the Republic of Uganda, the Republic of Zimbabwe 
and the Republic of Zambia on the accession of the latter country 
to Protocol No 8 on ACP sugar annexed to the Fourth ACP-EEC Convention 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in 
particular Article 113 thereof, 
Having regard to the proposal from the commission, 
Whereas the Joint Declaration annexed to Protocol 8 on ACP sugar to the 
Fourth ACP-EEC Convention (1) provides that any request from an ACP State 
Contracting Party to the Convention not specifically referred to in that 
Protocol to participate in its provisions shall be examined; 
Whereas the Republic of Zambia is an ACP State Contracting Party to the 
said Convention; whereas Zambia has requested to participate in the 
provisions of the said Protocol; 
Whereas the ACP States concerned, in a letter of 14 November 19 89, have 
signified their assent to the accession of Zambia to the said Protocol; 
Whereas it is appropriate to approve an Agreement in the form of an 
exchange of letters between the European Community, the States referred to 
in the said Protocol and the Republic of Zambia on the accession of the 
latter country to the said Protocol, 
(1) O.J. No 229, 17.8.1991, p. 1 
V\ 
HAS ADOPTED THIS DECISION : 
Article 1 
An Agreement in the form of an exchange of letters between the European 
Community and Barbados, Belize, the Republic of the Congo, Fiji, the 
Cooperative Republic of Guyana, the Republic of the Ivory Coast,' Jamaïca, 
the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, 
Mauritius, the Republic of Surinam, St. Christopher and Nevis, the Kingdom 
of Swaziland, the United Republic of Tanzania, Trinidad and Tobago, the 
Republic of Uganda, the Republic of Zimbabwe, and the Republic of Zambia on 
the accession of the latter country to Protocol 8 on ACP sugar annexed to 
the Fourth ACP-EEC Convention is hereby approved on behalf of the European 
Community. The text of the Agreement is attached to this Decision. 
Article 2 
The President of the Council is hereby authorized to designate the person 
empowered to sign the Agreement referred to in Article 1 in order to bind 
the European Community. 
Article 3 , • / 
This Decision shall be published in the Official Journal of the European 
Communities. This Decision is addressed to the Member states. 
Done at...... For the Council 
The President, 
AGREEMENT 
in the form of an exchange of letters between the European Community and 
Barbados, Belize, the Republic of the Congo, Fiji, the Cooperative Republic 
of Guyana, Jamaïca, the Republic of Kenya, the Republic of Madagascar, the 
Republic of Malawi, Mauritius, the Republic of Surinam, St. Christopher and 
Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, Trinidad 
and Tobago, the Republic of Uganda, the Republic of Zimbabwe and the 
Republic of Zambia on the accession of the latter country to Protocol No 8 
on ACP sugar annexed to the Fourth ACP-EEC Convention. 
Letter No 1 
Sir, 
The ACP States referred to in Protocol 8 on ACP sugar annexed to 
the Fourth ACP-EEC Convention, the Republic of Zambia and the European 
Community have agreed on the following. 
The Republic of Zambia is hereby included in Article 3(1) of the 
said Protocol with effect from 1 January 1995 with an agreed quantity of 
0 ton. 
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. 
On behalf of the Council 
of the European Union 
Letter No 2 
Sir, 
I have the honour to acknowledge receipt of your letter of today's date 
which reads as follows : 
•* The ACP States referred to in Protocol 8 on ACP sugar annexed to 
the Fourth ACP-EEC Convention, the Republic of Zambia and the European 
Community have agreed on the following. 
The Republic of Zambia is hereby included in Article 3(1) of the 
said Protocol with effect from 1 January 1995 with an agreed quantity of 
0 ton. 
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. " 
1 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, 
FINANCIAL STATEMEFff 
I 1. BUDGET HEADING: APPROPRIATIONS: 
TITLE: 
Draft Decision concerning an agreement relating to accession of Zambia to Protocol No 8 on ACP sugar 
LEGAL BASIS-
EEC Treaty, Article IB 
4. AIMS: 
Recommend the Council to agree to accession of Zambia without any increase in the total quantities of sugar specified 
in the Protocol 
FINANCIAL IMPLICATIONS PERIOD OF 12 
MONTHS 
(ECU million) CURRENT 
FINANCIAL 
YEAR 
(95) 
(ECU million) FOLLOWING 
FINANCIAL 
YEAR 
(96) 
(ECU million) 
5.0. EXPENDITURE 
- CHARGED TO THE EC BUDGET 
(REFUNDS/INTERVENTION) 
- NATIONAL AUTHORITIES 
-OTHER 1 
5.1. REVENUE 
- OWN RESOURCES OF THE EC 
(LEVIES/CUSTOMS DUTIES) 
-NATIONAL 
1997 
5.0.1. ESTIMATED EXPENDITURE 
5,1.1. ESTIMATED REVENUE 1998 1999 2000 
5.2. METHOD OF CALCULATION: 
6.0. CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT 
CHAPTER OF THE CURRENT BUDGET? YES/NO 
6.1. CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT 
BUDGET? YES/NO 
6.2. WILL A SUPPLEMENTARY BUDGET BE NECESSARY? YES/NO 
6.3. WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? YES/NO 
OBSERVATIONS Since this accession is envisaged without any increase in the initial preferential sugar import commitments 
(ACP + India),there are noi direct budgetary implications. 
-""~"N 
(o / 
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COM<?5) 41 final 
EN 11 03 02 
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