WITHIN THE PRESCRIBED TIME OF 2 500 METRIC TONS OF THE AMOUNT COVERED BY THE BEFORE MENTIONED CONTRACTS .
388 AN INTERNAL MEMORANDUM OF EXPORT 'ON THE OPPORTUNITIES FOR COOPERATING WITH RT' OF 23 APRIL 1970 ( ANNEX I 75 TO THE STATEMENTS OF DEFENCE ) AFTER COMPLAINING THAT 'THE REFINERS' POLICY' DOES NOT PERMIT EXPORT TO SUPPLY THE FRONTIER REGIONS OF THE NETHERLANDS, FRANCE AND GERMANY ENDS AS FOLLOWS : 'IT IS DOUBTFUL WHETHER WE CAN GET A QUOTA, BECAUSE RT WILL NOT WISH TO UNDERWRITE A POLICY RUNNING COUNTER TO THE AGREEMENTS WHICH IT HAS ENTERED INTO WITH OTHER REFINERS '.
389 ANOTHER INTERNAL MEMORANDUM OF EXPORT RELATING TO A DISCUSSION WHICH ITS REPRESENTATIVES HAD ON 17 FEBRUARY 1970 WITH MR MAISIN OF RT ( ANNEX I 78 TO THE STATEMENTS OF DEFENCE ) READS AS FOLLOWS :
'RAFFINERIE TIRLEMONTOISE PLANS TO EXPORT ABOUT 9 000 METRIC TONS OF RAW SUGAR WHICH WILL BE DELIVERED TO TATE . RT SUGGESTS THAT EXPORT ACTS IN THIS OPERATION AS BROKER . IF EXPORT DOES SO IT SHOULD ABIDE BY THE COMMON POLICY LAID DOWN FOR INVITATIONS TO TENDER .
WHEN INVITED TO CLARIFY THIS LAST POINT MR MAISIN ADMITS THAT THIS COMMITMENT ALSO COVERS INVITATIONS TO TENDER FOR THE EXPORT OF WHITE SUGAR . WE THEN REPLY THAT OUR ATTITUDE ON THIS POINT HAS NOT ALTERED SINCE LAST WEEK BUT FOR ALL THAT IS NEITHER FIXED NOR UNCHANGING .
MR MAISIN THEN REFERS TO THE LETTERS EXCHANGED BETWEEN BARON KRONACKER AND MR ROLIN AND DRAWS OUR ATTENTION TO THE FACT THAT IF A NEW "CLIMATE" HAS TO BE CREATED THIS CAN ONLY BE DONE BY PROGRESSIVE STAGES ...'.
CONCLUSION
'RAFFINERIE TIRLEMONTOISE PROPOSES THAT WE SHOULD ACT AS BROKER IN ITS INTENDED ( OR AGREED ) SALE OF 9 000 METRIC TONS OF RAW SUGAR TO TATE AND LYLE .
AS CONSIDERATION IT REQUESTS US TO GIVE UP OUR FREEDOM TO ATTEND THE INVITATIONS TO TENDER FOR EXPORTS OF RAW AS WELL AS WHITE SUGAR .
IT IS IMPLIED THAT RAFFINERIE TIRLEMONTOISE REFUSES TO OFFER US RAW SUGAR WHICH WE ARE FREE TO SELL WHEREVER WE LIKE '.
390 ON THE SAME DATE EXPORT'S MANAGING BOARD MADE A DECISION CONCERNING THE SAME QUESTIONS ( ANNEX II 17 TO THE STATEMENT OF DEFENCE IN CASE 47/73 ) WHICH INTER ALIA STATES 'WE AGREE IN A CONCILIATORY SPIRIT AND AS AN INDICATION THAT WE WISH TO BE COOPERATIVE NOT TO TENDER FOR A REFUND ON RAW SUGAR AT THE STANDING EEC INVITATIONS TO TENDER WHICH WILL TAKE PLACE ONCE A WEEK ON AND AFTER WEDNESDAY 18 FEBRUARY, SO THAT SUCH APPLICATIONS FOR REFUNDS DO NOT COMPETE WITH THE APPLICATIONS OF FRANCO-BELGIAN REFINERS AND IN PARTICULAR OF RAFFINERIE TIRLEMONTOISE . ( IT MUST BE NOTED THAT THIS WAS A PURELY FORMAL GESTURE BECAUSE, UNLESS EXPORT'S SUPPLIES OF RAW SUGAR WERE GUARANTEED BY TIRLEMONT, THE ONLY POSSIBLE BELGIAN UNDERTAKING, IT COULD NOT REASONABLY BE EXPECTED TO TENDER AT THE INVITATION TO TENDER FOR RAW SUGAR