DISTURBED '.
394 TWO TELEX MESSAGES OF 20 AUGUST 1970 EXCHANGED IN SIMILAR CIRCUMSTANCES ( ANNEXES I 83, 84 TO THE STATEMENT OF DEFENCE ) READ AS FOLLOWS :
EXPORT'S TELEX MESSAGE :
'EXPORT RECORDS ITS AGREEMENT TO JOIN RT AS A MANUFACTURER OF BELGIAN SUGAR IN WORKING OUT AN AGREEMENT WITH SUIKER UNIE AND CENTRALE SUIKER MAATSCHAPPIJ AS MANUFACTURERS OF NETHERLANDS SUGAR FOR THE 1970/71 SUGAR MARKETING YEARS UPON THE FOLLOWING TERMS :
1 . EXPORT GIVES UP DEALING IN BELGIAN SUGAR WITH NETHERLANDS PURCHASER-CONSUMERS IN CONNEXION WITH WHAT WE CALL THE PARTICULAR REQUIREMENTS IN THE NETHERLANDS, THAT IS TO SAY, ON THE ONE HAND, FOR SUGAR IN ITS ORIGINAL STATE FOR HUMAN CONSUMPTION, AND, ON THE OTHER HAND, FOR SUGAR FOR FACTORIES MANUFACTURING SWEETS TO BE CONSUMED IN THE NETHERLANDS, THE OTHER EEC COUNTRIES AND THIRD COUNTRIES . THIS SWEET MANUFACTURING INDUSTRY DOES NOT INCLUDE THE MILK PROCESSING INDUSTRY .
THE DENATURING TRADE AND THE CHEMICAL INDUSTRY ARE ALSO EXCLUDED FROM THE TRADE WHICH EXPORT HAS GIVEN UP .
GROUNDS CONTINUED UNDER DOC.NUM : 673J0040.3
2 . GIVING UP THIS TRADE BY EXPORT IS LINKED ... SO FAR AS THE NETHERLANDS' IMPORT REQUIREMENTS OF EEC SUGAR ARE CONCERNED ..., WITH THE CONDITION THAT THE DELIVERIES TO BE CARRIED OUT BETWEEN BELGIAN AND NETHERLANDS SUGAR MANUFACTURERS IN ORDER TO SUPPLY THIS NETHERLANDS MARKET SHALL BE EFFECTED THROUGH THE LONG ESTABLISHED BELGIAN AND NETHERLANDS TRADE UPON TERMS WHICH ARE SATISFACTORY FOR EXPORT . THESE LAST WORDS MEAN THAT EXPORT'S RETURN ON THESE OPERATIONS MUST GIVE IT SATISFACTION, ON THE ONE HAND WITH REGARD TO ITS REMUNERATION PER UNIT OF SUGAR IN THE FORM OF COMMISSION OR COMMERCIAL PARTICIPATION IN THE FORM OF A MARGIN, AND, ON THE OTHER HAND, WITH REGARD TO THE AMOUNT OF SUGAR SUPPLIED BY THE BELGIAN SUGAR MANUFACTURERS, WHICH WILL BE SOLD TO THE NETHERLANDS SUGAR MANUFACTURERS ON THE BASIS OF THE NETHERLANDS' IMPORT REQUIREMENTS OF EEC SUGAR '.
RT'S REPLY :
'IT IS CLEAR FROM YOUR TELEX MESSAGE ... THAT WE ARE IN COMPLETE AGREEMENT ON THE METHOD TO ADOPT FOR DEALING IN BELGIAN SUGAR ON THE NETHERLANDS MARKET' ... 'WE DO NOT INTEND TO DO ANYTHING IN CONNEXION WITH CONSUMPTION IN THE NETHERLANDS WHICH IS NOT APPROVED BY OUR NETHERLANDS COLLEAGUES '.
395 EXPORT, IN A CONFIRMATION OF SALE OF 1 OCTOBER 1970 ADDRESSED TO THE NETHERLANDS DEALER JACOBSON ( ANNEX I 88 TO THE STATEMENTS OF DEFENCE ), FIRST STATED THAT RT 'HAS GIVEN THE EXCLUSIVE RIGHT, FOR THE 1970/71 MARKETING YEAR, TO SELL ITS GRANULATED SUGAR FOR EXPORT FROM BELGIUM TO THE LONG ESTABLISHED BELGIAN SUGAR TRADERS' - NAMELY EXPORT AND HOTTLET - THEN EMPHASIZED 'THE ESSENTIAL REQUIREMENTS OF RT'S GENERAL COMMERCIAL POLICY WHICH HAVE BEEN DEFINED FOR US, NAMELY THAT IT DOES NOT INTEND TO UNDERTAKE ANY BUSINESS FOR THE NETHERLANDS WHICH IS NOT APPROVED BY ... SU AND CSM' WENT ON AS FOLLOWS : 'WE CONSIDER ... THAT WE MUST DRAW YOUR ATTENTION EXPRESSLY TO THIS COMMERCIAL POLICY OF OUR