CELEX: 51979PC0466
Language: en
Date: 1979-09-06 00:00:00
Title: Recommendation for a COUNCIL REGULATION (EEC) on the conclusion of the Agreements in the form of exchanges of letters between the European Economic Community and Barbados, the People's Republic of the Congo, Fiji, the Cooperative Republic of Guyana, Jamaica, the Republic of Kenya, the Democratic Republic of Madagascar, the Republic of Malawi, Mauritius, the Republic of Surinam, the Kingdom of Swaziland, the United Republic of Tanzania, Trinidad and Tobago, the Republic of Uganda, and the Republic of India on on the guaranteed prices for cane sugar for 1979/80#Recommendation for a COUNCIL REGULATION (EEC) fixing for 1979/80 the guaranteed prices applicable forecane sugar originating in the overseas countries and territories (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 466
Vol. 1979/0162
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(79) 466 final
                                                    Brussels , 6 September 1979
                    F. !
  /*•
          V                   j-"*! Recommendation for a
                              COUNCIL REGULATION (EEC)
      Ci.
          on the conclusion of the Agreements in the form of exchanges
            " of .letters between the European Economic Community and
                Barbados , the People 's Republic of the Congo , Fiji ,
                  the Cooperative Republic of Guyana , Jamaica , the
                      Republic of Kenya , the Democratic Republic of
                   Madagascar , the Republic of Malawi , Mauritius ,
                the Republic of Surinam , the Kingdom of Swaziland ,
               the United Republic of Tanzania , Trinidad and Tobago ,
               the Republic of Uganda , and the Republic of India on
                on the guaranteed prices for cane sugar for 1979 /80
                                     Recommendation for a
                                   COUNCIL REGULATION ( EEC )
           fixing for 1979 / 80 the guaranteed prices applicable for' cane
           sugar originating in the overseas countries and territories
                      ( submitted to the Council by the Commission)
 COM(79 ) 466 final
 ---pagebreak---                                EXPIAD,1°"" '        'v-
1 . ( a)    By decision of the Council , the Comriission was authorized to
            enter into negotiations on. the guaranteed! prices for cane sugar
            for 1979/80 with the States referred to in article 3 of trie
            Protocol No 3 on ACP sugar annexed to the ACP-ESC Convention of
            Lom§, the Republic of Surinam and. with the Republic of India .
            The results of those negotiations have to be approved by the
            relevant authorities of the Ccrrmunity and the countries referred
            to above „    The Commission recommends to the Council that the
            results be embodied in agreements in the form of exchanges of
            letters between the Canrnunity on the one hand and each of the ACP
            States concerned aiid the Republic of India on the other according
            to the annexed drafts .
    (b)     According to the Declaration XXI annexed to the Final Act of the
            ACP-EEC Convention, of Lome , the Ccrtmunity undertook to ensure for
            sugar originating "m certain overseas countries and. territories
             ( OCT) the same treatment as provided for in Protocol No 3 on ACP
            sugar . The Cormission reccsrmends that the Council fix for sugar
            originating in the countries - specified by the said Declaration
            the same guaranteed prices for 1979/80 as those agreed with the
            ACP States .
2 . ANNEXES ; I. Recanmendation for a. Council Regulation concerning the
                    conclusion of the Agreements in the form of exchanges of
                    letters on the guaranteed prices for cane sugar for 1979/80
                    between the European Economic Community and Barbados , the
                    People 's Republic of the Congo , Fiji , the Republic of
                    Guyana , Jamaica , the Republic of Kenya , the Democratic
                    Republic of Madagascar , the Republic of Malawi , Mauritius ,
                    the Republic of Surinam, the Kingdom of Swaziland , the
                    United Republic of Tanzania , Trinidad and Tobago , the
                    Republic of Uganda and the Republic of India .
               II . Drafts exchanges of letters .
            III . Recommendation for a Council Regulation fixijng the guaranteed
                    prices applicable for cane sugar originating in the overseas
                    countries and territories (OCT) for 1979/80 .
3.     Financial implications
       The financial implications have been taken into account in the
       framework of the financial implications of the agricultural prices for
       1979/80 and of the draft budget proposals for 1980 .
 ---pagebreak---                                                                   ANNEX I
                             Pecornmendat ion for a
                            COUNCIL REGULATION ( EEC )
on the conclusion of the Agreenents in the £om c-f exchanges of letters
between the European Economic CbriTnunity and Baxbados , the People 's Rep.iblic
of the Congo , Fiji , the Cooperative Republic of G.iyana , Jamaica , the Re­
public of Kenya , the Denvocratic Republic of Madagascar , the Republic of
Malawi ., Mauritius , the Republic of Surinam, the Kingdom of Swaziland , the
United Republic of Tanzania , Trinidad axxX Tobago , the Republic of Uganda ,
and         the Republic of India on the guaranteed prices for cane sugar for
1979/80
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Ecorouic Community ,
and in particular Article 113 thereof ,
Having regard to the recommendation frcru the Ccsmiission ,
Whereas Protocol 3 on ACP sugar annexed to the ACP-EEC Convention of Lane
 (1 ) • and the Agreement between the European Economic Camiunity and the Re­
public of India on cane sugar ( 2 ) , are implemented in. the content of the
managanent of the cciiKon organization of the sugar' market ;
Whereas it is appropriate to approve the Agreements in the form of
exchanges of letters between the European Economic Ccrariunity and the States
referred, to in article 3 of the Protocol 3 on ACP sugar and the Republic of
Surinam, and also the Republic of India , on the guaranteed prices for cane
sugar for 1979/80 ,
HAS ADOPTED THIS REGULATION :
( 1 ) OJ No L 25 , 30.1.1976 , p. 1 .
 ( 2 ) OJ No L 190 , 23.7.1975 , p. 36 .
 ---pagebreak---                                       Article 1
The Agreements in the form of exchanges of letters between the European
Economic CO-TTUP ;' ty arid Barbados , the People 's Rep.iblic of the Congo , Fiji ,
the Cooperative Republic of Guyana , Jamaica , the Republic of Kenya , the
Democratic Republic of Madagascar , toe Republic of Malawi , Mauritius , the
Republic of Surinam, the Kingdom of Swaziland , the United Republic of Tan­
zania , Trinidad and. Tobago and the Republic of Uganda , on. the guaranteed
prices for cane sugar for 1979/80 , and the Agreement in the form of an
exchange of letters between the European Economic Carrmunity and. the Repu­
blic of India on the guaranteed prices for cane sugar 1979/80 , are hereby
approved on behalf of the Community .
The texts of these Ag reorients are annexed to this Regulation .
                                      Article 2
The President of the Council is authorized, to designate the person
empowered to sign the Agreements referred to in Article 1 in order to bind
the CcirrrTunity ,
                                      Article 3
This Regulation shall enter into force on the day following its publication
in the Official Journal of the European Communities „
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,
                                              For the Council
                                              The President
 ---pagebreak---                                                                                ANNEX IT
                                           AGREEMENTS
ij": t1"1^ ).o: '.in C j: exciiaiees ox let '-.ers becwefci"! the Europecj) Economic Gcfsnunity
and Earbados , the People 1 s Republic ox the Congo , F ij \ f the Cooperative
Rspubl ic of Guyana . Jarrtajoa , Lbe Kep.iblxc oi Kenya , trie Democratic Republic
of Madagascar , the Republic of Malawi , r-iaux.i.Lius ,. the Republic of Surinam,
the Kingdom of Swaziland , the United Republic of Tanzania , Trinidad and
Tobago and the Republic of Ugaaxia , on tie guaranteed prices for cane sugar
for 1979/80
                                           Letter No 1
                                                                    Brussels ,
Sir ,
1.      The representatives of the ACP States referred to in the Protocol No 3
        on ACP sugar annexed to the ACP-EEC Convention of Lane , the Republic
        of Surinam , and of the Commission , on behalf of the European Economic
        Com-rainity , have agreed within the framework of the negotiations pro­
        vided for in Article 5 ( 4 ) of the said Protocol , the following :
        For the period 1 July 1979 to 30 June 1980 the guaranteed prices re­
        ferred to in Article 5 ( 4 ) of the Protocol shall , for the purpose of
        intervention within the terms of Article 6 of the Protocol , be
        a) for raw sugar , 34.13 ECU per 100 kilograms ,
        b) for white sugar , 42=30 ECU per 100 kilograms .
       These prices , which represent an increase of 1.5% over those of the
        preceding year , shall refer to sugar of standard quality as defined in
       ConTnunity legislation , unpacked , c.i.f ., European ports of the Commu­
       nity .
2.      It is noted by the parties to the agreement that , having regard to
       market conditions generally and to other relevant factors and
        following discussions with the importers , the ACP States concerned
        strongly hoped that it v.ould be possible to secure , in addition to the
        agreed guaranteed prices , a premium on Ccntnunity markets during the
        delivery period 1979/80 .
3.     A1 through retroactivity is not provided for in respect of the 1979/80
        prices it is agreed that this year 's decision does not prejudice the
        position of the ACP States in relation to retroactivity in any future
        negotiation in accordance with Article 4 ( 3 ) of Protocol No 3 annexed
        to the ACP-EEC Convention of Lone ,
 ---pagebreak---                                     - 2 -
4.   It was noted that the Council of Ministers of the Carmunity had not
     authorized the inclusion of any factor in respect of freight charges
     in the determination of the guaranteed prices for the delivery period
     1979/80 . The ACP States reiterated their concern at the burden of
     these charges and requested that the subject should remain open for
     further consideration. The Camunity took note of this request .
I should be obliged if you would acknowledge receipt of this letter and
confirm that this letter and your reply constitute an Agreement between the
Governments of the above mentioned ACP States and the Community .
Please accept, Sir , the assurance of my highest consideration.
                                          For the Council
                                   of the European Ccrrcnunities
 ---pagebreak---                                 Letter No 2
                                               Brussels .
Sir .
I have the honour to acknowledge receipt of your letter of today which
reads as follows :
VI                      ft
I have the honour to confirm the agreement of the Governments of the ACP
States referred to in this letter with the foregoing .
Please accept, Sir , the assurance of try highest consideration.
                                               For the Goveriments
 ---pagebreak---                                        4
                                  AGREEMENT
in the form of an exchange of letters between the European Economic
Community and the Republic of India on the guaranteed prices for cane sugar
                                 for 1979 / 80
                                  Letter No 1
                                                       Brussels .
Sir-
1.   The representatives of the Republic of India and of the Commission , on
     behalf of the European Economic Community , have agreed within the
     framework of the negotiations provided for in Article 5 ( 4 ) of the
     Agreement between the European Economic Community and the Republic of
     India on cane sugar , the following :
     For the.period 1 July 1979 to 30 June 1980 on the guaranteed prices
     referred to in Article 5 ( 4 ) of the Protocol shall , for the- purpose of
     intervention within the terms of Article 6 of the Protocol , be
     a ) for raw sugar ,   34.13 ECU per 100 kilograms ,
     b ) for white sugar , 42.30 ECU per 100 kilograms .
     These prices , which represent an increase of 1.5% over those of the
     preceding year , shall refer to sugar of standard quality as defined in
     Community legislation , unpacked , c.i.f ., European ports of the Community .
2.   It is noted by the parties to the agreement that , having regard to
     market conditions generally and to other relevant factors ,
                                                  the Republic of India
     strongly hoped that it would be possible to secure , in addition to the
     agreed guaranteed prices , a premium on Community markets during the
     delivery period 1979 / 80 .
3.   Although retroactivity is not provided for in respect of the 1979/ 80
     prices it is agreed that this year 's decision does not prejudice the
     position of the Republic of India in relation to retroactivity in any
     future negotiation in accordance with Article 4 ( 3 ) of Agreement on
     cane sugar .
 ---pagebreak--- 4.   It was noted that the Council of Ministers of the Caimunity had not
     authorized the inclusion of any factor in respect of freight charges
     in the determination of the guaranteed prices for the delivery period
     1979/80 . The Republic of India reiterated its concern at the burden
     of these charges and requested that the subject should remain open for
     further consideration. The Caimunity took note of this request .
I should be obliged if you would acknowledge receipt of this letter and
confirm that this letter and your reply constitute an Agreement between
your Government and the Coirmunity.
Please accept, Sir, the assurance of my highest consideration.
                                          For the Council
                                    of the European commission
 ---pagebreak---                                     - 6 -
                                Letter No 2
                                              Brussels .
Sir .
I have the honour to acknowledge receipt of your letter of today which
reads as follows :
fl                      II
I have the honour to confirm the agreement of my Government with the
foregoing.
Please accept, Sir , the assurance of my highest consideration .
                                            For the Government
                                        of the Republic of India
 ---pagebreak---                                                                Annex III
                           Recommendation for a
                         COUNCIL REGULATION ( EEC )
       fixing for 1979/ 80 the guaranteed prices applicable for cane sugar
           originating in the overseas countries and territories
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 136 thereof .
Having regard to the recommendation from the Commission,
Whereas, in accordance with the terms of Annex XXI to the Final Act of the
                            A
ACP-EEC Convention of Lome , the Community guarantees, for cane sugar
originating in the overseas countries and territories mentioned in the said
Annex, the same treatment as provided for in Protocol 3 on ACP sugar
annexed to the said convention;
Whereas Council Decision 76/ 568/ EEC of 29 June 1976 on the association of
                                                                               2
the overseas countries and territories with the European Economic Community
embodies the application of this principle; whereas in accordance with
Article 4(4) of Annex IV to that Decision the guaranteed prices are fixed
annually;
Whereas the guaranteed prices valid for 1979/ 80 for cane sugar originating
in the ACP States have been fixed by Agreements in the form of exchanges of
letters with the relevant ACP States ; whereas it is now necessary for the
Council to fix the same guaranteed prices for cane sugar originating in the
overseas countries and territories concerned,
HAS ADOPTED THIS REGULATION :
                                    Article 1
For the period 1 July 1979 to 30 June 1980 the guaranteed prices referred
to in Article 4(4 ) of Annex IV to Decision 76 / 568/EEC shall be as follows :
Joj No L 25, 30. 1.1976, p. 1
*0J No L 176, 1 . 7.1976, p. 8
 ---pagebreak---                                     - 2 -
(a)  for raw sugar, 34.13 units of account per 100 kilograms ;
( b) for white sugar, 42.30 units of account per 100 kilograms .
These prices      . refer to sugar of standard quality as defined in
Community rules, unpacked and cif European ports in the Community .
                                  Article 2
This Regulation shall enter into force on the day following its publication
in the Official Journal of the European Communities .
It shall apply with effect from
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels,                                       For the Commission
                                                          The President