: THE RISK BEING THAT IF IT WAS A SUCCESSFUL TENDERER IT WOULD BE UNABLE IN PRACTICE TO COVER ITS POSITION )'.
391 BARON KRONACKER, CHAIRMAN OF EXPORT, IN A MEMORANDUM OF 26 MARCH 1970 ( ANNEX II 18 TO THE STATEMENT OF DEFENCE IN CASE 47/73 ) WROTE AS FOLLOWS : 'IT IS MY WISH THAT WE KEEP IN STEP WITH TIRLEMONT . IF WE DO SO, WE SACRIFICE OUR PRINCIPALS, WE AGREE TO REDUCE THE AMOUNTS IN RESPECT OF WHICH WE ATTEND THE INVITATION TO TENDER FOR EXPORT AND, ALTHOUGH WE HAVE NO SAY IN THE MATTER, WE AGREE TO ADOPT THE PRICES OF THE PARIS CONSORTIUM . THIS OF NECESSITY IMPLIES THAT TIRLEMONT ONLY TAKES PART IN THE INVITATIONS TO TENDER THROUGH US ... AS COMPENSATION FOR OUR SACRIFICES WE MUST BE GRANTED A COMMISSION OF THREE QUARTER PER CENT ON ALL TRANSACTIONS '.
392 A MEMORANDUM OF EXPORT 'ON MR ROLIN'S ORAL REPLY ON 21 MAY 1970 TO BARON KRONACKER'S WRITTEN PROPOSAL OF 20 MAY CONCERNING RELATIONS BETWEEN EXPORT AND RT FOR THE 1970/71 MARKETING YEAR' ( ANNEX I 131 TO THE STATEMENTS OF DEFENCE ) STATES THAT : 'IN ADDITION MR ROLIN STILL RESTRICTS OUR FREEDOM OF ACTION AND OUR OPPORTUNITIES FOR APPLYING FOR REFUNDS, SUCH APPLICATION, ACCORDING TO HIM, SHOULD BE MADE AFTER THEIR AMOUNT AND LEVEL HAVE BEEN COORDINATED WITH MR BERNARD, CHAIRMAN AND MANAGING DIRECTOR OF SAY WITHIN THE FRAMEWORK OF THE CONCERTED ACTION AGREED IN PARIS ( SAY, BEGHIN, VARSANO, SUCRE-UNION ETC .)'.
393 TWO TELEX MESSAGES OF 19 AUGUST 1970 EXCHANGED BETWEEN EXPORT AND RT ( ANNEXES I 81, 82 TO THE STATEMENTS OF DEFENCE ) STATE :
EXPORT'S TELEX MESSAGE :
'1 . HOLLAND : ON THE BASIS OF THE NETHERLANDS' DEMAND FOR IMPORTS OF EEC SUGAR WE AGREE THE PRINCIPLE MENTIONED AT LUNCH THE DAY BEFORE YESTERDAY : TO CARRY ON BUSINESS IN ACCORDANCE WITH YOUR PLAN, THAT IS TO SAY DELIVERIES BETWEEN SUGAR PRODUCERS THROUGH THE LONG ESTABLISHED BELGO-NETHERLANDS TRADING ORGANIZATIONS ON TERMS SATISFACTORY FOR EXPORT . IN ORDER TO GIVE EFFECT TO YOUR PROPOSAL WE ARE GETTING IN TOUCH WITH NETHERLANDS BUSINESS HOUSES ABOUT THESE QUESTIONS AND TECHNICAL PROBLEMS '.
RT'S TELEX MESSAGE IN REPLY :
'FOLLOWING YOUR TELEX MESSAGE 16.06 HOURS OF WHICH I WAS ABLE TO INFORM MR ROLIN BY TELEPHONE, THE LATTER ASKED ME TO LET YOU KNOW THAT HE IS VERY PLEASED INDEED TO TAKE NOTE OF YOUR AGREEMENT WITH THE PRINCIPLE UNDER POINT 1 .
CONSEQUENTLY WE ARE MAKING SUGAR AVAILABLE TO YOU FOR THE NETHERLANDS CONDENSED MILK INDUSTRY TO BE DEALT WITH THROUGH LONG ESTABLISHED TRADING ORGANIZATIONS ...
ON THE OTHER HAND, IF THE NETHERLANDS SUGAR INDUSTRY WERE TO ASK US TO SUPPLY ITS OWN REQUIREMENTS, ANY BELGIAN SUGAR WHICH MIGHT BE EXPORTED WOULD BE HANDLED WITH THE HELP OF OUR BUSINESS HOUSES .
IT FOLLOWS FROM THE BEFOREMENTIONED STIPULATIONS THAT YOU WILL REFRAIN FROM TAKING ANY KIND OF INITIATIVE ON THE NETHERLANDS MARKET SO THAT ITS PATTERN IS NOT