CELEX: 51980PC0630
Language: en
Date: 1980-10-28 00:00:00
Title: Recommendation for a COUNCIL REGULATION 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 Suriname, the Kingdom of Swaziland, the United Republic of Tanzania, Trinidad and Tobago, the Republic of Uganda, and the Republic of India, on guaranteed prices for cane sugar for 1980/81#Recommendation for a COUNCIL REGULATION fixing the guaranteed prices applicable for cane sugar originating in the overseas countries and territories (OCT) for 1980/81 (submitted to the Council by the Commission)

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                                                             Brussels . 28 October 1980
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                                  Recommendation for a
                                     COUNCIL REGULATION
       on the conclusion of the Agreements in the form of, exchanges of
       letters between the European Economic Community and Barbados , the
                  <                                        ,                      -   S
       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
     • Suriname , the Kingdom of Swaziland, the United Republic of Tanzania ,
       Trinidad and Tobago , the Republic of Uganda , and the Republic of
       India , on guaranteed prices for cane sugar for 1980 / 81
                                    Recommendation for a
                                      COUNCIL REGULATION
                                                                                                        /
       fixing the guaranteed prices applicable for cane sugar originating
       in the overseas countries and territories                  ( OCT )         for 1980 / 81
                    ( submitted to the Council by the Commission )
           ^                                               p..,
                                                                                    i
COM(80 ) 630 final
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 ---pagebreak---                                     EXPLANATORY MEMORANDUM
1.(a ) By Decision of the Council , the Commission was authorized to enter
         into negotiations on the guaranteed prices for cane sugar for
         1980/ 81 with the States referred to in Article 3 of the Protocol on
         ACP sugar annexed to the ACP-EEC Convention of Lome , the Republic of
         Suri name and with the Republic of India .      The results of those
         negotiations have to be approved by the relevant authorities of the
         Community and the countries referred to above .       The Commission .
         redommends to the Council that the results be embodied in agreements
         in the form of exchanges of letters between the Community on the one
         hand and each of the ACP States concerned and the Republic of India
         oh 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 Community undertook to ensure for
         sugar originating in certain overseas countries and territories
         ( OCT ) the same treatment as provided for in the Protocol on ACP
         sugar .   The Commission recommends that the Council fix for sugar
         originating in the countries specified by the said Declaration the
         same guaranteed prices for - 1 980/81 as those agreed with the ACP .
         States .      .          -                       -
2 . ANNEXES :      I. Recommendation 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
                       1980/ 81 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 Suriname , the Kingdom
                       of Swaziland , the United Republic of Tanzania , Trinidad
                       and Tobago , the Republic of Uganda and the Republic of
                       India .                              .      '
            -     II . Draft exchanges of letters .              ;   :
                 III . Recoranendation for a Council Regulation fixing the-
                       guaranteed prices applicable for cane sugar originating
                       in the overseas countries and territories ( OCT ) for
                         1980/ 81 .
 ---pagebreak--- Financial implications
The financial implications have been taken into account in the
framework of the financial implications of the agricultural prices for
1980 / 81 and of the draft budget proposals for 1 98 1 .
 ---pagebreak---                                                                      ANNEX  I
                                 Recommendation for a
                                  COUNCIL REGULATION .
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 Suriname , the Kingdom of Swaziland ,
the United Republic of Tanzania , Trinidad and Tobago , the Republic of
Uganda , and         the Republic of India , on      guaranteed prices for cane
sugar for 1980/ 81                                                   ' .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , :
and in particular Article 113 thereof ,
Having regard to the recommendation from the Commission ,
 i                                                           *
whereas the Protocol on ACP sugar annexed to the ACP-EEC Convention of
Lome ( 1 ) and the Agreement between the European Economic Community and
the Republic of India on cane sugar ( 2 ) . are implemented in the context of
the management of the common- organization of the sugar market ;
Whereas it is appropriate to approve the Agreements in the form of
exchanges of letters between the European Economic Community and the
States referred to in                  ' the Protocol on ACP sugar*    the '
Republic of Suriname < and          the Republic of India , on the guaranteed
prices fcr cane sugar for 1 980/ 81 ,
HAS ADOPTED THIS REGULATION
                                      Article 1
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 Suriname , the Kingdom of Swaziland , the United Republic of
Tanzania , Trinidad and Tobago , the Republic of Uganda , on the guaranteed
prices for cane sugar for 1980 /81 , and the 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 1980/ 81 , are
hereby approved on behalf of the Community .
 ( 1 ) 0J No L 25 , 30.1.1976 , p. 1
 ( 2 ) 0J No L 190 , 23.7.1975 , p. 36
 ---pagebreak---                                    - 2 -
The texts of these Agreements are annexed to this Regulation .
                                 Article 2
The President of the Council is hereby authorized to designate the person
empowered to sign the fgrqements referred to in Article 1 in order to bind
the Community .          –
                       /
                                 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                                          For the Council
                                                 The President
 ---pagebreak---                                                                     ANNE',? ' II
                                       AGREEMENT                       .
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 Suriname , the Kingdom of Swaziland , the United Republic of
Tanzania', Trinidad and Tobago and the Republic of Uganda , on the
guaranteed prices for cane sugar for 1 980/81 .
                                      Letter No 1                        •
                                                    .    Brussels ,
Sir ,                                          -
1 . The representatives of the ACP States referred to in the Protocol oh
     ACP sugar annexed to the ACP-EEC Convention of Lome , the republic of
     Suriname , 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 said Protocol , the following :
     For- the period 1 July 1980 to 30 June 1981 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
                                                      1-
     ( a ), for raw sugar , 35.89 ECU per 100 kilograms ,
   . ( b) for white sugar ," 14.48 ECU per 100 kilograms ,
     These prices , which represent an increase of 5.16 ? 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 . Although retroactivity is not provided for in respect of the 1980 /81
     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 the Protocol on ACP
     sugar annexed to the ACP-EEC Convention of Lome .
 ---pagebreak---                                       - 2 -
3 . It was no ted 'that despite the concern expressed by the ACP States the
    previous year over the burden of freight charges the Council of
    Ministers of the Community had not authorized the inclusion of any
    factor in respect of freight charges in the determination of the
    guaranteed prices for the delivery period 1 980 / 81 . The ACP States
    explained that this cost had risen by almost 60% since last year , thus
    constituting an important factor , and requested that the Community
    should give serious consideration to the possibility of alleviating the
    effect of these charges on the ACP States .   The Community , while
    reiterating that Article 5(4 ) set the guaranteed price at the c.i.f .
    stage , recognized the ACP States' concern at the increasing levels of
    freight rates and undertook to reconsider the ACP request .
I should be obliged if you vbuid 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 Communities
 ---pagebreak---                                        - 3 -
                                    Letter No 2
                                                   Brussels ,
Sir ,
                      »
I have the honour to acknowledge receipt of your letter of today which
reads as follows :                                 .  .
91                               ff
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 my highest consideration .
                                                   For the Governments
                                                              1
 ---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 1980 / 81
                                    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 1980 to 30 June 1981 the guaranteed prices
    referred to in Article 5(4 ) of the Agreement shall , for the purpose of
    intervention within the terms of Article 6 of the Agreement , be
    ( a ) for raw sugar , 35.89 ECU per 100 kilograms ,
    ( b ) for white sugar , 44.48 ECU per 100 kilograms .
    These prices , which represent an increase of 5.16% 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
    Coranunity .
2 . Although retroactivity is not provided for in respect of the 1 980 / 8 1
    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 the Agreement on
    cane sugar .
3 . It was noted that despite the concern expressed by the Republic of
    India the previous year over the burden of freight charges the Council
    of Ministers of the Community had not authorized the inclusion of any
    factor in respect of freight charges in the determination of the
    guaranteed prices for the delivery period 1 980 / 8 1 . The Republic of
    India . explained that this cost had risen by almost 60? since last year ,
    thus constituting an important factor , and requested that the Community
 ---pagebreak---    should give sarious consideration to the possibility of alleviating the
   effect of these charges on the Republic of India . The Community , while
   reiterating that Article 5(4 ) set the guaranteed price at the c.i.f .
   stage , recognized the concern of the Republic of India at the
   increasing levels of freight rates and undertook to reconsider the
   request of the Republic of India .
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 Community .
Please accept , Sir , the assurance of my highest consideration .
                                                   For the Council '
                                            of the European Communities
 ---pagebreak---                                   Letter No 2
                                                   Brussels ,
Sir ,
I have the honour to acknowledge receipt of your letter of today which
reads as follows :
II               ^ #             "
                                                                   i
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 /
      fixing the guaranteed prices applicable for cane sugar originating in
            the overseas countries and territories ( OCT ) for 1980 /81
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
ACP-EEC Convention of Lome ( 1 )^ 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 the Protocol on ACP
                  *                             '
sugar annexed to the said Convention ;
Whereas Council Decision 76 /568 /EEC of 29 June 1976 on the association of
the overseas countries and territories with the European Economic
Community ( 2 ), as last amended by Council Decision 80/ 162/EECC3 ) , puts
this principle into effect ; whereas under Article 4(4 ) of Annex IV to
that Decision the guaranteed prices are fixed .annually ;
                    • ' ' *                        .  '      ,          .
Whereas the guaranteed prices valid for 1980 /81 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 therefdre 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 19&0 to 31 June 1 98 1 the guaranteed prices referred
to in Article 1(4 ) of Annex IV to Decision 76 /568 /EEC shall be as follows : .
 ( a ) for raw sugar , 35.89 ECU per 100 kilograms ;
 ( b ) for white sugar , M4.18 ECU per 100 kilograms .
 (1 ) 0J No L 25 » 30 .1 . 1976 , p.   1
 ( 2 ) 0J No L 176 , 1.7.1976 , p.- 8
 ( 3 ) 0J No , L 35 , 12.2.1980 , p. 26
 ---pagebreak---                                     - 2 -
These prices shall 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     that of its
                                                                     *
publication in the Official Journal of the European Communities .
It shall apply with effect from 1 July 1980 .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at                                           For the CoMntil
                                                  The President