Proposal for a Council Decision on the request by Burkina Faso to accede to the Protocol on ACP Sugar
Date: 2004-05-25
Institutions: European Commission
Subjects: Burkina Faso, accession to an agreement, protocol on sugar

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.5.2004 
COM(2004) 386 final 

2004/0126 (ACC) 

Proposal for a 

COUNCIL DECISION 

on the request by Burkina Faso to accede to the Protocol on ACP Sugar 

(presented by the Commission) 

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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." 

Burkina  Faso  requested  by  letter  of  8  November  2000  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  Burkina  Faso  is  not  a  permanent  net  exporter  of  sugar.  It  was 
established  that  consumption  is  higher  than  production  and  that  exports  under  the 
EBA (Everything But Arms Initiative) provisions are substituted by imports as well 
as that situation is not likely to change fundamentally in the short and medium term. 

4. 

Recommendation 

The Commission recommends the Council to adopt the attached Decision. 

This decision should be published in the Official Journal of the European Union. 

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2004/0126 (ACC) 

Proposal for a 

COUNCIL DECISION 

on the request by Burkina Faso to accede to the Protocol on ACP Sugar 

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 Convention not specifically referred to in 
that Protocol to participate in its provisions shall be examined. 

Burkina  Faso  is  an  ACP  State  Contracting  Party  to  the  ACP-EC  Partnership 
Agreement and has requested in November 2000 to participate in the provisions of the 
said Protocol. 

In  a  letter  of  30  September  2002,  the  ACP  States  have  signified  their  assent  to  the 
accession of Burkina Faso to the said Protocol. 

Following an examination of the request of Burkina Faso showing that the country is 
not a net exporter of sugar and not capable to export sugar on a permanent basis. 

(5) 

It is appropriate to transmit this conclusion to Burkina Faso by letter. 

1  

OJ L 317, 15.12.2000, p. 267. 

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HAS DECIDED AS FOLLOWS: 

Sole Article 

The  request  by  Burkina  Faso  to  accede  to  Protocol  3  on  ACP  sugar  of  Annex  V  to  the 
ACP-EC Partnership Agreement is not accepted. 

The attached letter is sent to Burkina Faso. 

Done at Brussels,  

For the Council 
Member of the Council 

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ANNEX 

Brussels, ……… 

Your Excellency, 

I have the honour to refer to your letter dated 8 November 2000 requesting accession to the 
Protocol on ACP sugar. In conformity with the Joint Declaration annexed to the Protocol on 
ACP  sugar  the  European  Community  has  examined  your  request  and  has  come  to  the 
conclusion that Burkina Faso is at present not in a position to fulfil on a permanent basis the 
obligations  of  the  Protocol.  In  previous  cases,  the  capacity  to  fulfil  these  obligations  was 
defined by the fact that the country in question was a net exporter of sugar. 

I regret therefore that the Community cannot accept Burkina Faso’s request to join the Sugar 
Protocol. 

A copy of this letter is sent to the Secretary General of the ACP States 

Please accept, Your Excellency, the assurance of my highest consideration. 

On behalf of the Council of the European Union 

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FINANCIAL STATEMENT 

1. 

2. 

3. 

4. 

BUDGET HEADING: 
05 02 05 01 and  
05 02 05 07 

APPROPRIATIONS: 
EUR 1 285 million and 
EUR 41 million 

TITLE:   
Council Decision on the request by Burkina Faso to accede to the Protocol on ACP Sugar 

LEGAL BASIS: 
Article 133 of the Treaty 

AIMS: 
To reject the request by Burkina Faso to accede to Protocol No 3 on ACP Sugar. 

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: 

The measure has no financial impact. 

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