2001/870/EC: Council Decision of 3 December 2001 on the conclusion of the Agreements in the form of an Exchange of Letters between the European Community and, on the one hand, 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 Kitts 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, the Republic of Zimbabwe and, on the other hand, the Republic of India on the supply of raw cane sugar to be refined
Date: 2001-12-03
Institutions: Council of the European Union
Subjects: ACP countries, India, agreement (EU), cane sugar, raw sugar, supply

8.12.2001

EN

Official Journal of the European Communities

L 325/21

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 3 December 2001

on the conclusion of the Agreements in the form of an Exchange of Letters between the European
Community and, on the one hand, 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
Kitts 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, the Republic of Zimbabwe
and, on the other hand, the Republic of India on the supply of raw cane sugar to be refined

(2001/870/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:

agreements with States referred to in Article 35 of that
Regulation and other States with which agreements have
been concluded. These negotiations have resulted in a
tariff quota with varying quantities for the ACP countries
and 10 000 tonnes for India to which a minimum
purchase price applies. The reduced duty is set at zero in
view of the fact that other concessions are going to
reduce the quantities supplied until now by the ACP
countries and that the net earnings per tonne based on
the guaranteed price, are supposed to remain stable
during the five-year period of the current sugar market
organisation.

(1)

(2)

(3)

Negotiations with the ACP States referred to in Protocol
3 on ACP sugar of Annex V to the ACP-EC Partnership
Agreement (1) and India have taken place in order to
define the conditions under which imports of raw cane
sugar from those countries under the additional quota
will take place.

Article 26(1) of Council Regulation (EC) No 1260/2001
of 19 June 2001 on the common organisation of the
markets in the sugar sector (2), provides that tariff quotas
resulting from agreements concluded in the framework
of
trade nego-
tiations shall be opened and administered in accordance
with detailed rules adopted under the procedure laid
down in Article 42 of that Regulation.

the Uruguay Round of multinational

Article 39(3) of Regulation (EC) No 1260/2001 states
the
that a shortfall
Community refineries is to be covered by importing
special preferential sugar at a special rate of duty under

the maximum needs of

to fill

(1) OJ L 195, 1.8.2000, p. 46.
(2) OJ L 178, 30.6.2001, p. 1.

(4)

(5)

(6)

The said negotiations have resulted in agreements which
are subject to ratification by the Governments of the
ACP States concerned, on the one hand, and the
India, on the other hand, and by the
Republic of
Community.

It is appropriate therefore to open such a tariff quota for
raw cane sugar to be refined for maintaining the current
access for ACP States referred to in Protocol 3 of Annex
V to the ACP-EC Partnership Agreement and the current
access for the Republic of India.

It is appropriate to approve the Agreements in the form
of an Exchange of Letters between the European
Community and, on the one hand, the States referred to
in the Protocol and, on the other hand, the Republic of
India on the supply of raw cane sugar to refined,

L 325/22

EN

Official Journal of the European Communities

8.12.2001

HAS DECIDED AS FOLLOWS:

The text of Agreements are annexed to this Decision.

Article 1

Article 2

The Agreements in the form of an Exchange of Letters between
the European Community and, on the one hand, 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 Surinam, Saint Kitts and
the United Republic of
Nevis,
Tanzania, the Republic of Trinidad and Tobago, the Republic of
Uganda, the Republic of Zambia, the Republic of Zimbabwe
and, on the other hand, the Republic of India on the supply of
raw cane sugar to be refined are hereby approved on behalf of
the Community.

the Kingdom of Swaziland,

The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Agreements referred to in
Article 1 in order to bind the Community.

Done at Brussels, 3 December 2001.

For the Council

The President

F. VANDENBROUCKE