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, 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
Date: 1995-02-22
Institutions: European Commission
Subjects: ACP countries, Zambia, agreement (EU), fourth Lomé Convention, protocol on sugar

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 
specifically  referred  to 
of that Protocol shall be  examined.« 

in  Protocol  3 

to  participate 

to  the  Convention not 
the  provisions 

in 

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. 

Sir, 

Letter No 1 

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 

Sir, 

Letter No 2 

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 

5.0.1. 
5,1.1. 

ESTIMATED  EXPENDITURE 
ESTIMATED  REVENUE 

5.2. 

METHOD OF CALCULATION: 

1997 

1998 

1999 

2000 

6.0. 

6.1. 

6.2. 

6.3. 

CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS  ENTERED  IN THE RELEVANT 
CHAPTER OF THE CURRENT BUDGET? 

CAN THE PROJECT BE FINANCED BY TRANSFER  BETWEEN  CHAPTERS OF THE CURRENT 
BUDGET? 

WILL A SUPPLEMENTARY  BUDGET BE NECESSARY? 

WILL FUTURE BUDGET APPROPRIATIONS  BE NECESSARY? 

YES/NO 

YES/NO 

YES/NO 

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  / 

ISSN 0254-1475 

COM<?5) 41  final 

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