2007/627/EC: Council Decision of 28 September 2007 denouncing on behalf of the Community Protocol 3 on ACP sugar appearing in the ACP-EEC Convention of Lomé and the corresponding declarations annexed to that Convention, contained in Protocol 3 attached to Annex V to the ACP-EC Partnership Agreement, with respect to Barbados, Belize, the Republic of Congo, the Republic of Côte d'Ivoire, the Republic of the Fiji Islands, the Republic of Guyana, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Mozambique, the Federation of Saint Kitts and Nevis, the Republic of Suriname, 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
Date: 2007-09-28
Institutions: Council of the European Union
Subjects: ACP-EU Convention, cane sugar, price agreement, protocol to an agreement, withdrawal from an agreement

L 255/38

EN

Official Journal of the European Union

29.9.2007

COUNCIL DECISION

of 28 September 2007

denouncing on behalf of the Community Protocol 3 on ACP sugar appearing in the ACP-EEC
Convention of Lomé and the corresponding declarations annexed to that Convention, contained
in Protocol 3 attached to Annex V to the ACP-EC Partnership Agreement, with respect to Barbados,
Belize, the Republic of Congo, the Republic of Côte d'Ivoire, the Republic of the Fiji Islands, the
Republic of Guyana, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of
Malawi, the Republic of Mauritius, the Republic of Mozambique, the Federation of Saint Kitts and
Nevis, the Republic of Suriname, 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

(2007/627/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 the first subparagraph of Article 300(2)
thereof,

provide the new legal framework for trade with ACP
States and will replace the trade regime of the ACP-EC
Partnership Agreement. Article 36(4) of the ACP-EC Part-
nership Agreement requires the parties to review the
Sugar Protocol in the context of EPA negotiations. The
waiver from the Community's obligations under Article I
of the GATT with regard to the trade preferences to ACP
States under ACP-EC Partnership Agreement, granted by
in Doha on 14
the WTO Ministerial Conference
November 2001, also expires on 31 December 2007.

Having regard to the proposal from the Commission,

Whereas:

(1)

Under Protocol 3 on ACP sugar appearing in the ACP-
EEC Convention of Lomé signed on 28 February 1975
and the corresponding declarations annexed to that
Convention (Sugar Protocol), contained in Protocol 3
attached to Annex V to the Partnership Agreement
the African, Caribbean and
between the members of
the one part, and the
Pacific Group of States of
European Community and its Member States, of
the
other part, signed in Cotonou on 23 June 2000 (ACP-
Agreement) (1),
EC
Community
at guaranteed
undertakes
prices, specific quantities of cane sugar, raw or white,
which originate in the signatory ACP States and which
those States undertake to deliver to the Community. The
the Protocol may be
that
Sugar Protocol provides
denounced by the Community with respect
to each
ACP State and by each ACP State with respect to the
Community, subject to two years' notice.

to purchase and import,

Partnership

the

(2)

The current trade provisions applicable to the ACP States,
set out
in Annex V to the ACP-EC Partnership
Agreement, expire on 31 December 2007. In accordance
with Article 36 of the ACP-EC Partnership Agreement,
(EPAs) will
the Economic

Partnership Agreements

(1) OJ L 317, 15.12.2000, p. 3, revised in Luxembourg on 25 June

2005 (OJ L 287, 28.10.2005, p. 4).

(3)

(4)

(5)

In order to ensure that the import regime for sugar is
included in the import regime envisaged by EPAs, it is
appropriate to take all necessary steps to ensure the
termination of the Sugar Protocol and any commitments
contained therein at a sufficiently early stage in view of
the two years' notice requirement under
the Sugar
Protocol.

The arrangements of the Sugar Protocol have served the
interests of both the ACP States and the Community, by
guaranteeing ACP exporters an outlet
to a profitable
market and ensuring a regular supply for Community
cane sugar refiners. However, the arrangements of the
In the
Sugar Protocol can no longer be maintained.
context of a reformed Community sugar market,
the
Community will cease to guarantee prices to European
sugar producers as the former mechanism of intervention
is being phased out.

In the context of a transition towards liberalisation of
ACP-EC trade, unlimited quantities cannot coexist with
the price and volume guarantees of the Sugar Protocol.
As regards least developed countries, unlimited access for
sugar is scheduled under the Everything But Arms (EBA)
initiative as from 1 July 2009. Since the beginning of the
second phase of the transition period is foreseen on 1
October 2009 the EBA sugar regime should be adjusted
accordingly.

29.9.2007

EN

Official Journal of the European Union

L 255/39

(6)

(7)

Denunciation does not prejudge a subsequent mutual
agreement between the Community and the ACP States
on the treatment of sugar in the context of compre-
hensive EPAs.

It is therefore necessary to denounce the Sugar Protocol
in accordance with Article 10 thereof, and to notify each
ACP State signatory to the Sugar Protocol of such de-
nunciation,

HAS DECIDED AS FOLLOWS:

Article 1

Protocol 3 on ACP Sugar appearing in the ACP-EEC Convention
of Lomé signed on 28 February 1975 and the corresponding
declarations annexed to that Convention, contained in Protocol
3 attached to Annex V to the ACP-EC Partnership Agreement
signed in Cotonou on 23 June 2000, is hereby denounced on
behalf of the Community with effect from 1 October 2009 with
respect to Barbados, Belize, the Republic of Congo, the Republic
of Côte d'Ivoire, the Republic of the Fiji Islands, the Republic of
Guyana, Jamaica, the Republic of Kenya, the Republic of Mada-
gascar, the Republic of Malawi, the Republic of Mauritius, the
Republic of Mozambique,
the Federation of Saint Kitts and
Nevis, the Republic of Suriname, the Kingdom of Swaziland,
the Republic of Trinidad
the United Republic of Tanzania,

and Tobago, the Republic of Uganda, the Republic of Zambia
and the Republic of Zimbabwe.

Article 2

The President of the Council is hereby authorised to designate
the person(s)
empowered to notify the Governments of
Barbados, Belize, the Republic of Congo, the Republic of Côte
d'Ivoire, the Republic of the Fiji Islands, the Republic of Guyana,
Jamaica, the Republic of Kenya, the Republic of Madagascar, the
Republic of Malawi, the Republic of Mauritius, the Republic of
Mozambique,
the
Republic of Suriname, 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 of the denunciation of the said Protocol.

the Federation of Saint Kitts and Nevis,

Article 3

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

Done at Brussels, 28 September 2007.

For the Council
The President

M. PINHO