Proposal for a Council Decision on the conclusion of the Agreement in form of an Exchange of Letters between the European Community and 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 Christopher 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 and the Republic of Zimbabwe on the accession of the Republic of Mozambique to Protocol No 3 on ACP Sugar of Annex V to the ACP-EC Partnership Agreement
Date: 2004-02-02
Institutions: European Commission
Subjects: ACP-EU Convention, Mozambique, accession to an agreement, protocol on sugar

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 2.2.2004 
COM(2004) 51 final 

2004/0013 (ACC) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement in form of an Exchange of Letters between the 
European Community and 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 Christopher 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 and the Republic of Zimbabwe on the 
accession of the Republic of Mozambique to Protocol No 3 on ACP Sugar of Annex V  
to the ACP-EC Partnership Agreement 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
  
EXPLANATORY MEMORANDUM 

1. 

2. 

3. 

A joint declaration, annexed to Protocol 3 on ACP sugar of Annex V to the ACP-EU 
Partnership  Agreement,  concerning  possible  requests  for  participation  in  the 
provisions of the 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." 

Mozambique  requested  by  letter  of  18  April  2002  its  participation  to  that  Protocol. 
The Community defined the conditions for this participation in earlier cases (Zambia 
and  Papua  New  Guinea)  as  being  that  a  new  signatory  to  the  Protocol  would  be 
allocated a 0 quota, that a technical examination should establish the capacity of the 
applicant  country  to  fulfil  on  a  permanent  basis  the  obligation  imposed  by  the 
Protocol  and  that  the  new  signatory  would  be  eligible  to  benefit  from  future 
reallocation under Article 7 of that Protocol. 

The technical examination was carried out by the Commission in 2003. It resulted in 
the  conclusion  that  Mozambique  is  a  permanent  net  exporter  of  sugar.  It  was 
established  that  in  addition  to  already  existing  preferential  exports  130 000  tons  of 
sugar are available for export to the world market. 

2 

 
 
  
 
2004/0013 (ACC) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement in form of an Exchange of Letters between the 
European Community and 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 Christopher 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 and the Republic of Zimbabwe on the 
accession of the Republic of Mozambique to Protocol No 3 on ACP Sugar of Annex V  
to the ACP-EC Partnership Agreement 

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: 

(1) 

(2) 

(3) 

(4) 

The  Joint  Declaration  in  Protocol  No  3  on  ACP  Sugar  of  Annex  V  to  the  ACP-EC 
Partnership  Agreement1  provides  that  any  request  from  an  African,  Caribbean  or 
Pacific (ACP) State Contracting Party to the Agreement not specifically referred to in 
that Protocol to participate in its provisions shall be examined; 

The  Republic  of  Mozambique  is  an  ACP  State  Contracting  Party  to  the  ACP-EC 
Partnership  Agreement  and  has  requested  to  participate  in  the  provisions  of  the  said 
Protocol; 

In  a  letter  of  20  October  2003,  the  ACP  States  have  signified  their  assent  to  the 
accession of Mozambique to the said Protocol; 

Following an examination of the request of the Republic of Mozambique showing that 
the  country  is  a  net  exporter  of  sugar  and  capable  to  export  sugar  on  a  permanent 
basis, it is appropriate to propose the accession of the Republic of Mozambique to the 
said Protocol, 

1 

OJ L 317, 15.12.2000, p. 269. 

3 

 
 
  
 
                                                 
HAS DECIDED AS FOLLOWS: 

Article 1 

The Agreement in the form of an Exchange of Letters between the European Community and 
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 Christopher 
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 and the Republic of 
Zimbabwe on the accession of the Republic of Mozambique to Protocol No 3 on ACP Sugar 
of  Annex  V  to  the  ACP-EC  Partnership  Agreement  is  hereby  approved  on  behalf  of  the 
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 Community. 

This Decision will be published in the Official Journal of the European Union. 

Article 3 

Done at Brussels,  

For the Council 
The President 

4 

 
 
  
 
 
 
AGREEMENT 

in the form of an Exchange of Letters between the European Community and 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 
Christopher 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 and 
the Republic of Zimbabwe on the accession of the Republic of Mozambique to Protocol 
No 3 on ACP Sugar of Annex V to the ACP-EC Partnership Agreement 

A. Letter No 1 

Brussels, ……… 

Sir, 

The African, Caribbean and Pacific (ACP) States referred to in Protocol No 3 on ACP Sugar 
of  Annex  V  to  the  ACP-EC  Partnership  Agreement,  the  Republic  of  Mozambique  and  the 
European Community have agreed on the following. 

The  Republic  of  Mozambique  is  hereby  included  in  Article  3(1)  of  the  said  Protocol  with 
effect from 1 July 2003 with an agreed quantity of 0 tonnes. 

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 

5 

 
 
  
 
B. Letter No 2 

Brussels, ……… 

Sir, 

I have the honour to acknowledge receipt of your letter of today which reads as follows: 

"The African, Caribbean and Pacific (ACP) states referred to in Protocol No 3 on ACP Sugar 
of  Annex  V  to  the  ACP-EC  Partnership  Agreement,  the  Republic  of  Mozambique  and  the 
European Community have agreed on the following. 

The  Republic  of  Mozambique  is  hereby  included  in  Article  3(1)  of  the  said  Protocol  with 
effect from 1 July 2003 with an agreed quantity of 0 tonnes. 

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." 

I have the honour to confirm the agreement of the Governments of the ACP States referred to 
in your letter with the contents thereof. 

Please accept, Sir, the assurance of my highest consideration. 

For the Governments of the ACP States 
referred to in Protocol No 3 
and of the Republic of Mozambique 

6 

 
 
  
 
FINANCIAL STATEMENT 

1. 

2. 

3. 

4. 

BUDGET HEADING: 
02 05 01 : B1-110 

APPROPRIATIONS: 
€ 1 285 million 

TITLE:   
Council  Decision  on  the  conclusion  of  the Agreement  in  form  of  an  Exchange of  Letters between  the 
European Community and 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  Christopher  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  and  the  Republic  of  Zimbabwe  on  the 
accession of the Republic of Mozambique to Protocol No 3 on ACP Sugar of Annex V to the ACP-EC 
Partnership Agreement 

LEGAL BASIS:   
Article 133 of the Treaty, in conjunction with the first sentence of Article 300(2) thereof 

AIMS: 
To  agree  that  Mozambique  should  benefit  from  the  terms  of  Protocol  No  3  on  ACP  Sugar,  thereby 
facilitating its exports of sugar to the EU. 

5. 

FINANCIAL IMPLICATIONS 

5.0 

CHARGED TO THE EC BUDGET 

EXPENDITURE 
– 
(REFUNDS/INTERVENTIONS) 
– 
– 

NATIONAL AUTHORITIES 
OTHER 

5.1  REVENUE 

OWN RESOURCES OF THE EC  

– 
(LEVIES/CUSTOMS DUTIES) 
– 

NATIONAL 

5.0.1  ESTIMATED EXPENDITURE 
5.1.1  ESTIMATED REVENUE 

5.2  METHOD OF CALCULATION: 

– 

12 MONTH 
PERIOD 

(EUR million) 

CURRENT 
FINANCIAL 
YEAR  2004 
(EUR million) 

FOLLOWING 
FINANCIAL 
YEAR  2005 
(EUR million) 

– 

– 

– 

– 

– 

– 

2006 
– 
– 

2007 
– 
– 

2008 
– 
– 

2009 
– 
– 

6.0  CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE 

RELEVANT CHAPTER OF THE CURRENT BUDGET? 

6.1  CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF 

THE CURRENT BUDGET? 

6.2  WILL A SUPPLEMENTARY BUDGET BE NECESSARY? 

YES / NO 

YES / NO 

YES / NO 

6.3  WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS? 

YES / NO 

OBSERVATIONS: 

There are no budgetary implications. 

7