Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Sugar Council's Accessions Committee concerning the conditions of accession for Kuwait to become a member of the International Sugar Agreement, 1992
Date: 2024-04-18
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Kuwait, accession to an agreement, commodity agreement, international organisation, sugar

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   EUROPEAN COMMISSION  Brussels, 18.4.2024  COM(2024) 168 final 2024/0092 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Sugar Council's Accessions Committee concerning the conditions of accession for Kuwait to become a member of the International Sugar Agreement, 1992  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

This proposal concerns the decision establishing the position to be taken on the Union's behalf 
in the International Sugar Council’s Accessions Committee regarding the envisaged adoption 
of  a  decision  concerning  the  conditions  of  accession  for  Kuwait  to  the  International  Sugar 
Agreement, 1992. 

The International Sugar Agreement, 1992  

1.1. 
The  International  Sugar  Agreement,  19921  (‘the  Agreement’)  aims  to  enhance  international 
cooperation in connection with world sugar matters and related issues. It provides a forum for 
intergovernmental consultations on sugar and on ways to improve the world sugar economy. 
It  facilitates  trade  by  collecting  and  providing  information  on  the  world  sugar  market  and 
other sweeteners and to encourage increased demand for sugar, particularly for non‑traditional 
uses. The Agreement entered into force on 1 January 1993. 

Currently, the  Agreement  has 87 members, including  the world’s largest sugar producers as 
well as importers. The European Union is a party to the Agreement2. Among the Union and 
others, its members are, Brazil, India, Thailand, and Australia. 

1.2. 

The International Sugar Organization and its Accessions Committee 

The International Sugar Organization (‘ISO’) which administers the Agreement is a London-
based intergovernmental organisation that seeks to meet the objectives laid down by Article 1 
of the Agreement.  

Pursuant to Article 8 of the Agreement, the International Sugar Council (‘ISC’) performs or 
arranges  for  the  performance  of  all  functions  necessary  to  carry  out  the  provisions  of  the 
Agreement. 

During  the  sessions  of  the  International  Sugar  Council  or  its  subgroups,  the  Union  is 
represented by the Commission by virtue of Article 17 TEU.  

At its first meeting in 1993, the ISC established an Accessions Committee as a subgroup of 
the  ISC,  tasked  with  considering  the  applications  for  accession  of  States  not  listed  in  the 
Annex.  The  Committee  consists  of  Australia,  Brazil,  Cuba,  EU,  Japan,  and  Mauritius.  The 
ISC  decided  that  the  decision  on  the  conditions  of  accession  could  be  dealt  with  by  postal 
ballot.  In  its  meeting  on  10  November  2022,  the  Committee  agreed  that  the  postal  ballot 
procedure will be replaced by a consultation by email.  

1.3. 

The envisaged act of the International Sugar Council’s Accessions Committee 

Following Kuwait’s formal expression of interest to accede to the Agreement on 6 February 
2024,  the  Accessions  Committee  is  asked  to  take  a  decision  concerning  the  accession 
conditions of Kuwait.  

Article 41 of the Agreement lays down that accession is open to the Governments of all States 
upon  conditions  established  by  the  ISC.  These  conditions  are  the  number  of  votes,  the 
payment of an annual contribution, and the reporting obligations to the ISO. The number of 

1 
2 

International Sugar Agreement 1992 (OJ L 379, 23.12.1992, p. 16). 
Council Decision 92/580/EEC of 13 November 1992 on the signing and conclusion of the International 
Sugar Agreement 1992 (OJ L 379, 23.12.1992, p. 15). 

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votes is established in the Annex to the Agreement. However, when a Member accedes after 
the entry into force and is not listed in the Annex of the Agreement, the ISC shall decide the 
number  of  votes  to  be  allocated  to  that  Member,  in  accordance  with  Article  25(4)  of  the 
Agreement. The ISO Secretariat proposed to allocate six votes to Kuwait, based on the current 
calculation method.  

2. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

The  Union  is  an  active  member  of  the  International  Sugar  Agreement  and  supports  the 
extension of its membership.  

Approving  the  establishment  of  the  accession  conditions  of  Kuwait  under  the  conditions 
established  by  the  ISC  is  in  the  interest  of  the  Union  in  view  of  Kuwait’s  position  as  a 
significant regional importer of sugar and an established export destination of sugar produced 
in the Union. 

After  the  acceptance  of  the  accession  conditions  by  the  acceding  Member,  the  votes  of 
existing Members shall be re‑calculated so that the total of votes remains 2000, in accordance 
Article 25(4) of the Agreement. Once Kuwait becomes a member of the Agreement, the votes 
allocated to the European Union will be reduced. Consequently, the financial contribution of 
the  European  Union  would  be  reduced  accordingly  for  the  future  financial  years  in  which 
Kuwait is a member of the Agreement. 

The  purpose  of  the  envisaged  act  is  to  establish  the  Union’s  position  on  the  conditions  of 
accession for Kuwait to join the Agreement pursuant to Article 41 of the Agreement. 

3. 

LEGAL BASIS  

3.1 Procedural legal basis 

3.1.1.  Principles 

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for 
decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by 
an  agreement,  when  that  body  is  called  upon  to  adopt  acts  having  legal  effects,  with  the 
exception of acts supplementing or amending the institutional framework of the agreement.’ 

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the 
rules of international law governing the body in question. It also includes instruments that do 
not  have  a  binding  effect  under  international  law,  but  that  are  ‘capable  of  decisively 
influencing the content of the legislation adopted by the EU legislature’3. 

3.1.2.  Application to the present case 

The International Sugar Council is a body set up by an agreement, namely the  International 
Sugar Agreement, 1992. 

The  envisaged  act  of  the  International  Sugar  Council  has  the  effect  of  expanding  the 
membership  of  the  International  Sugar  Agreement,  1992.  The  envisaged  act  of  the 
International Sugar Council has legal effects because  it will establish the conditions of such 
accession, notably because it will affect the decisional balance within the International Sugar 
Council,  whose  decisions  are  taken  and  recommendations  are  made,  in  principle,  by 

3 

Judgement  of 
ECLI:EU:C:2014:2258, paragraphs 61 to 64. 

the  Courts  of  Justice  of  7  October  2014,  Germany  v  Council,  C-399/12, 

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consensus. ln the absence of consensus, decisions and recommendations are made by simple 
majority  vote,  unless  this  Agreement  provides  for  a  special  vote,  and  are  binding  for  its 
Members, as expressed in Article 13 of the Agreement. The respective financial contributions 
of the Members will also be affected by the expanding of the membership of the International 
Sugar Agreement, 1992. The Union position will therefore need to be established. 

The  envisaged  act  does  not  supplement  or  amend  the  institutional  framework  of  the 
Agreement. 

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU. 

3.2. 

Substantive legal basis 

3.2.1.  Principles 

The  substantive  legal  basis  for  a  decision  under  Article  218(9)  TFEU  depends  primarily  on 
the objective and content of the envisaged act in respect of which a position is taken on the 
Union's  behalf.  If the  envisaged act  pursues two  aims or has two components  and if one of 
those  aims  or  components  is  identifiable  as  the  main  one,  whereas  the  other  is  merely 
incidental, the decision under Article 218(9) TFEU must be founded on a single substantive 
legal basis, namely that required by the main or predominant aim or component. 

3.2.2.  Application to the present case 

The main objective and content of the envisaged act relate to the common commercial policy. 

Therefore, the substantive legal basis of the proposed decision is Article 207 of the TFEU.  

3.3. 

Conclusion 

The legal basis of the proposed decision should be  Article 207 of the TFEU, in conjunction 
with Article 218(9) TFEU. 

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2024/0092 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union in the International Sugar 
Council's Accessions Committee concerning the conditions of accession for Kuwait to 
become a member of the International Sugar Agreement, 1992 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning  of the European Union, and in particular of 
Article 207(4), first subparagraph, in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  International  Sugar  Agreement,  1992  (‘the  Agreement’)  was  concluded  by  the 
Union by means of Council Decision 92/580/EEC1 and entered into force on 1 January 
1993. 

Article  41  of  the  Agreement  states  that  the  Agreement  is  open  for  accession  by 
Governments  of  all  States  in  accordance  with  the  conditions  established  by  the 
International Sugar Council (‘ISC’). At its first meeting in 1993, the ISC established 
an Accessions Committee subgroup, which was tasked to consider the applications for 
accession of States not listed in the Annex to the Agreement. The Union is a member 
of the Accessions Committee. 

The  Government  of  Kuwait  has  formally  expressed  its  interest  to  accede  to  the 
Agreement.  Kuwait  is  not  listed  in  the  Annex  to  the  Agreement,  which  means  that 
accession conditions  need to  be established. Therefore, the  Accessions Committee  is 
invited to take a decision, by exchange of correspondence, to establish the conditions 
for the accession of Kuwait. These conditions are the number of votes, the payment of 
an annual contribution, and the reporting obligations to the ISC. 

Approving the accession conditions of Kuwait under the approach established by the 
ISC  is  in  the  interest  of  the  Union  in  view  of  Kuwait’s  position  as  a  significant 
regional importer of sugar and as an established export destination of sugar produced 
in the Union. 

(5)  When a  State accedes  after the entry into force  and is  not  listed in  the Annex of the 
Agreement, the ISC shall decide the number of votes to be allocated to that Member, 
in accordance with Article 25(4) of the Agreement.  Kuwait’s accession will therefore 
affect the decisional balance within the ISC. 

(6) 

It is therefore appropriate to establish the positions to be taken on the Union's behalf in 
the International Sugar Council’s Accessions Committee, 

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Council Decision 92/580/EEC of 13 November 1992 on the signing and conclusion of the International 
Sugar Agreement, 1992 (OJ L 379, 23.12.1992, p. 15). 

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HAS ADOPTED THIS DECISION: 

Article 1 

The position to be taken on the Union's behalf in the International Sugar Council’s Accessions 
Committee taking place by exchange of correspondence, shall be to approve the conditions of 
accession for the State of Kuwait to the International Sugar Agreement, 1992, ensuring that 
the  number  of  votes  to  be  allocated  to  the  State  of  Kuwait  are  calculated  in  accordance  to 
Article 25(4) of this Agreement.  

This Decision is addressed to the Commission. 

Done at Brussels, 

Article 2 

For the Council 
The President 

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