CELEX: 21972A1220(02)
Language: en
Date: 1972-12-19 00:00:00
Title: Exchange of letters pursuant to Article 3 of Protocol No 8

364                         Official Journal of the European Communities
                                       EXCHANGE OF LETTERS
    pursuant to Article 3 of Protocol No 8 of the Agreement between the European Economic
                     Community and the Portuguese Republic signed on 22 July 1972
                                               Letter No 1
    Sir,
    In pursuance of Article 3 of Protocol No 8 of the Agreement concluded between the European
    Economic Community and Portugal on 22 July 1972 and following the clarifications exchanged
    on the conditions governing imports into the Community of tomatoes which are prepared or
    preserved otherwise than by vinegar or acetic acid and originate in and come from Portugal,
    I have the honour to inform you that Portugal will take all necessary measures in order that the
    quantities supplied to the Community in 1973 will not exceed 70 000 tons, comprising 20 000 tons
    to the Community as originally constituted and a total of 50 000 tons to Denmark, Ireland and
    the United Kingdom.
    Furthermore, Portugal requests exemption from import licensing, as provided for in Article 1 (4)
    of Commission Regulation (EEC) No 1558/71 of 20 July 1971 , in respect of imports into the
    Community of tomatoes which are prepared or preserved otherwise than by vinegar or acetic acid
    and originate in and come from Portugal .
    To this end the Portuguese Government declares that all exports to the Community of tomatoes
    which are prepared or preserved otherwise than by vinegar or acetic acid and originate in and
    come from Portugal are effected exclusively by exporters whose operations are controlled by
    the 'Junta Nacional das Frutas' (National Fruit Office).
    The Portuguese Government undertakes to ensure that the prices of imports into the Commu­
    nity are not less than the prices set out in the Annex and also to prevent any deflection of
    trade .
    The assurances with regard to quantities and prices will be implemented in the manner agreed
    between the 'Junta Nacional das Frutas' and the Directorate-General for Agriculture of the
    Commission of the European Communities .
    Please accept, Sir, the assurance of my highest consideration.
                                                                         (signed) Ambassador
 ---pagebreak---                                          ANNEX
   Prices in u.a. per 1 000 kg, including customs duties (original Community)
                  Prices on the basis of 345 u.a. per i 000 kg
 bulk or in       Immediate packings        Immediate packings     Immediate packings       Immediate packings
iate packings      less than 4 kg but       less than 1-5 kg but   less than 0-7 kg but    less than 0-25 kg but   Immediate packings
  kg or over      not less than 1-5 kg      not less than 0-7 kg   not less than 0-25 kg   not less than 0-15 kg    less than 0-15 kg
 2701                   283-6                     310-7                  324-2                   378-2                  405-2
 285-2                  299-5                     328-0                   342-3                  399-3 .                427-9
 300-2                  315-2                     345-2                  360-2                   420-2                  450-3
 315-1                  330-8                     362-3                   378-1                   441-1                  472-6
 330-0                  346-6                     379-6                   396-0                   462-0                  495-1
 345-0                  362>2                     396-8                   414-0                   483-1                  517-5
 360-0                  378-0                     414-0                   431-9                  504-0                   540-0
 375-0                  393-8                     431-3                   449-9                   524-9                  562-4
                                                                                                                                        Official Journal of the European Communities
 389-8                  409-3                     448-3                   467-7                   545-8                  584-7
 404-8                  425-1                     465-5                   485-8                   566-7                  607-3
 419-8                  440-7                     482-7                   503-8                   587-7                  629-7
 434-7                  456-5                     499-0                   521-7                   608-6                  652-2
449-6                   472-1                     517-1                   539-6                   629-7                  674-5
                                                                                                                                               365
 ---pagebreak---                                                                                                                                          366
   Prices in u.a. per 1 000 kg, including customs duties (new Member States)
                  Prices on the basis of 270 u.a. per 1 000 kg
   lk or in     . Immediate packings     Immediate packings      Immediate packings       Immediate packings
te packings        less than 4 kg but    less than 1-5 kg but    less than 0-7 kg but    less than 0-25 kg but   Immediate packings
 g or over        not less than 1·5 kg   not less than 0-7 kg    not less than 0-25 kg   not less than 0-15 kg    less than 0-15 kg
                                                                                                                                          Official
  11-4                  222-0                  243-1                    253-7                   296-0                 317-1
  23 :2                 234-4                  256-7                    267-8                   312-5                  334-8
  34-9                  246-6                  270-1                    281-9                   328-9                 352-4
                                                                                                                                      Journal of
  46-6                  258-9                  283-6                    295-9                   345-2                 369-9
  58-3                  271-2                  297-0                    310-0                   361-6                 387-5
  70-0                  283-5                  310-5                   324-0                    378-0                 405-0
  81-7                  295-8                  324-0                    338-0                   394-4                 422-6
  93-4                  308-1                  337-4                   352-1                    410-8                 440-1
                                                                                                                                      the European Communities
  05-1                  320-4                  350-9                    366 1                   427-1                 457-7
  16-8                  332-6                  364-3                   380-2                    443-5                 475-2
  28-5                  344-9    -             377-8                   394-2                    459-9                 492-8
  40-2                  357-2                  391-2                   408-2                    476-3 '               510-3
  51-9                  369-5                  404-7                   422-3                    492-7                 527-9
 ---pagebreak---                           Official Journal of the European Communities                              367
                                              Letter No 2
 Your Excellency,
 I beg to acknowledge receipt of your letter of today worded as follows :
      £In pursuance of Article 3 of Protocol No 8 of the Agreement concluded between the European
      Economic Community and Portugal on 22 July 1972 and following the clarifications ex­
      changed on the conditions governing imports into the Community of tomatoes which are
      prepared or preserved otherwise than by vinegar or acetic acid and originate in and come
      from Portugal, I have the honour to inform you that Portugal will take all necessary
       measures in order that the quantities supplied to the Community in 1973 will not exceed
      70 000 tons, comprising 20 000 tons to the Community as originally constituted and a total
      of 50 000 tons to Denmark, Ireland and the United Kingdom.
      Furthermore, Portugal requests exemption from import licensing, as provided for in Article
      1 (*-) of Commission Regulation (EEC) No 1558/71 of 20 July 1971 , in respect of imports
      into the Community of tomatoes which are prepared or preserved otherwise than by vinegar
      or acetic acid and originate in and come from Portugal.
      To this end, the Portuguese Government declares that all exports to the Community of
      torr atoes which are prepared or preserved otherwise than by vinegar or acetic acid and
      originate in and come from Portugal are effected exclusively by exporters whose operations
      are controlled by the "Junta Nacional das Frutas" (National Fruit Office).
      The Portuguese Government undertakes to ensure that the prices of imports into the Com­
      munity are not less than the prices set out in the Annex and also to prevent any
      deflection of trade .
      These assurances with regard to quantities and prices will be implemented in the manner
      agreed between the "Junta Nacional das Frutas" and the Directorate-General for Agriculture
      of trie Commission of the European Communities .'
 I have the honour to inform you that the provisions of Article 3 of Protocol 8 of the Agreement
 and the Arrangements agreed by this exchange of letters will be applicable from 1 February 1973 .
 The Commission has decided, in view of the assurances which have been given, that imports
from Portugal of tomatoes which have been prepared or preserved otherwise than by vinegar
 or acetic acid will be exempt from import licensing, as provided for in Article 1 (4) of Com­
mission Regulation (EEC) No 1558/71 of 20 July 1971 .
I beg to remind you that this exchange of letters forms part of a provisional solution applicable
 until the establishment of a common import system, subject to any measures which may be taken
before 31 January 1973 to obviate difficulties on the market of the enlarged Community. The
przces mentioned in this exchange of letters are valid for the period 1 February 1973 to 31 January
 1974.
I am also able to confirm to you that, should the case arise, in spite of the efforts of the Com­
munity, that the definitive system has still not come into force by 30 June 1973, the Commu­
nity is prepared to lay down a rate of increase of the quantities for the following year, should
that prove necessary in view of the state of the market, the term 'state of the market' being taken
in its widest sense to cover also exports from the Community.
At the same time and under the same conditions the minimum prices valid from 1 February
1974 will be fixed. I wish to make it clear that, should this provisional system be maintained
beyond 30 June 1973 , the minimum price to be observed by Portugal on the market of the new
Member States should be modified by progressive stages — and in any case before the end of
the transitional period — to the minimum price applicable to Portuguese exports to the present
Community.
I should be grateful if you would kindly confirm the agreement of your Government with the
four preceding paragraphs .
Please accept, Your Excellency, the assurance of my highest consideration .
                                                                   (signed) Director-General
 ---pagebreak--- 368                          Official Journal of the European Communities
                                              Letter No 3
    Sir,
    I have the honour to acknowledge receipt of your letter of today in which you informed me
    as follows :
         'I have the honour to inform you that the provisions of Article 3 of Protocol No 8 of the
         Agreement and the arrangements agreed by this exchange of letters will be applicable from
          1 February 1973 . The Commission has decided, in view of the assurances which have been
         given, that imports from Portugal of tomatoes which have been prepared or preserved other­
         wise than by vinegar or acetic acid will be exempt from import licensing, as provided for in
         Article 1 (4) of Commission Regulation (EEC) No 1558/71 of 20 July 1971 .
         I beg to remind you that this exchange of letters forms part of a provisional solution appli­
         cable until the establishment of a common import system, subject to any measures which
         may be taken before 31 January 1973 to obviate difficulties on the market of the enlarged
         Community. The prices mentioned in this exchange of letters are valid for the period 1 February
         1973 to 31 January 1974.
         I am also able to confirm to you that, should the case arise, in spite of the efforts of the
         Community, that the definitive system has still not come into force by 30 June 1973 ,
         the Community is prepared to lay down a rate of increase of the quantities for the follow­
         ing year, should that prove necessary in view of the state of the market, the term "state of
         the market" being taken in its widest sense to cover also exports from the Community.
         At the same time and under the same conditions the minimum price valid fom 1 February 1974
         will be fixed. I wish to make it clear that, should this provisional system be maintained
         beyond 30 June 1973 , the minimum price to be observed by Portugal on the market of the
         new Member States should be modified by progressive stages—and in any case before the
         end of the transitional period—to the minimum price applicable to Portuguese exports to the
         present Community.
         I should be grateful if you would kindly confirm the agreement of your Government with
         the four preceding paragraphs .'
    I have the honour to confirm the agreement of my Government with the foregoing.
    Please accept, Sir, the assurance of my highest consideration.
                                                                         (signed) Ambassador
 ---pagebreak---                     Official Journal of the European Communities                        369
Notice concerning the date of entry into force of the Agreement between the European
                 Economic Community and the Portuguese Republic
The Exchange of Instruments notifying the completion of the procedures necessary for
the entry into force of the Agreement between the European Economic Community
and the Portuguese Republic, signed at Brussels on 22 July 1972, took place at Brussels
on 21 December 1972. The Agreement shall, pursuant to Article 39 thereof, enter into
force on 1 January 1973 .