CELEX: 51998PC0187
Language: en
Date: 1998-03-25
Title: Proposal for a Council Decision on the conclusion of the Agreements in the form of an Exchange of Letters between the European Community and, on the one hand, Barbados, Belize, the Republic of the Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Surinam, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe and, on the other hand, the Republic of India on the guaranteed prices for cane sugar for the 1997/98 delivery period

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      Brussels, 25.03.1998
                                                      COM(1998) 187 final
                                                      98/0119 (ACC)
                                       Proposal for a
                                   COUNCIL DECISION
     on the conclusion of the Agreements in the form of an Exchange of Letters
              between the European Community and, on the one hand,
                     Barbados, Belize, the Republic of the Congo,
                       Fiji, the Cooperative Republic of Guyana,
           the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya,
                the Republic of Madagascar, the Republic of Malawi,
                 the Republic of Mauritius, the Republic of Surinam,
               Saint Christopher and Nevis, the Kingdom of Swaziland,
      the United Republic of Tanzania, the Republic of Trinidad and Tobago,
the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe and,
          on the other hand, the Republic of India on the guaranteed prices
                    for cane sugar for the 1997/98 delivery period
                              (presented by the Commission)
 ---pagebreak---  ---pagebreak---                          EXPLANATORY MEMORANDUM
   Protocol No 8 on ACP sugar annexed to the Fourth ACP-EEC Convention and the
   agreement on sugar between the European Community and the Republic of India
   provide for a Community undertaking to purchase and import at guaranteed prices
   cane sugar which the exporting countries concerned cannot market in the
   Community at prices equivalent to or higher than the guaranteed prices.
2. For the 1997/98 delivery period, the Commission has negotiated guaranteed prices
   with the ACP States and the Republic of India pursuant to Articles 5(4) of Protocol
   No 8 on ACP sugar and the agreement with India on cane sugar as well as in
   conformity with the guidelines for negotiations given by the Council on 22.9.1997.
   The Commission therefore proposes that the Council adopt the proposal for a
   decision on the conclusion of the agreements in the form of an exchange of letters
   as set out in Annex 1.
   Financial impact: These proposals have no financial impact other than that taken into
   account within the framework of the 1998 budget.
                                           z.
 ---pagebreak---                                             Proposal for a
                                   COUNCIL DECISION N.
                                                of
         on the conclusion of the Agreements in the form of an Exchange of Letters
                  between the European Community and, on the one hand,
                          Barbados, Belize, the Republic of the Congo,
                            Fiji, the Cooperative Republic of Guyana,
                the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya,
                     the Republic of Madagascar, the Republic of Malawi,
                      the Republic of Mauritius, the Republic of Surinam,
                   Saint Christopher and Nevis, the Kingdom of Swaziland,
           the United Republic of Tanzania, the Republic of Trinidad and Tobago,
    the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe and,
              on the other hand, the Republic of India on the guaranteed prices
                         for cane sugar for the 1997/98 delivery period
 THE COUNCIL OF THE EUROPEAN UNION,
 Having regard to the Treaty establishing the European Community, and in particular
Article 113, in conjunction with the first sentence of Article 228(2), thereof,
 Having regard to the proposal from the Commission,
Whereas implementation of Protocol 8 on ACP Sugar annexed to the Fourth ACP-EEC
Convention (1) and of the Agreement between the European Economic Community and the
Republic of India on cane sugar (2) is carried out, in accordance with Article 1 (2) of each,
within the framework of the management of the common organisation of the sugar market;
Whereas it is appropriate to approve the Agreements in the form of an Exchange of Letters
between the Community and, on the one hand, the States referred to in the Protocol and, on
the other hand, the Republic of India on the guaranteed prices for cane sugar for the 1997/98
delivery period,
(1)     OJL229, 17.8.1991, p. 216.
(2)     OJL190, 22.7.1975, p. 35.
                                               3
 ---pagebreak--- HAS DECIDED AS FOLLOWS:
                                            Article 1
The Agreements in the form of an Exchange of Letters between the European Community
and, on the one hand, Barbados, Belize, the Republic of the Congo, Fiji, the Cooperative
Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the
Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of
Surinam, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic of
Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of
Zambia and the Republic of Zimbabwe and, on the other hand, the Republic of India on the
guaranteed prices for cane sugar for the 1997/98 delivery period are hereby approved on
behalf of the Community.
The text of the Agreements is attached to this Decision.
                                            Article 2
The President of the Council is hereby authorised to designate the person empowered to
sign the Agreements referred to in Article 1 in order to bind the Community.
                                            Article 3
This Decision will be published in the Official Journal of the European Communities.
Done at
                                                                For the Council
                                              M
 ---pagebreak---                                             Text No I
                                          AGREEMENT
                      IN THE FORM OF AN EXCHANGE OF LETTERS
               BETWEEN THE EUROPEAN COMMUNITY AND BARBADOS,
                       BELIZE, THE REPUBLIC OF THE CONGO, FIJI,
   THE COOPERATIVE REPUBLIC OF GUYANA, THE REPUBLIC OF CÔTE D'IVOIRE,
                           JAMAICA, THE REPUBLIC OF KENYA,
            THE REPUBLIC OF MADAGASCAR, THE REPUBLIC OF MALAWI,
             THE REPUBLIC OF MAURITIUS, THE REPUBLIC OF SURINAM,
           SAINT CHRISTOPHER AND NEVIS, THE KINGDOM OF SWAZILAND,
         THE UNITED REPUBLIC OF TANZANIA, THE REPUBLIC OF TRINIDAD
        AND TOBAGO, THE REPUBLIC OF UGANDA, THE REPUBLIC OF ZAMBIA
                            AND THE REPUBLIC OF ZIMBABWE
                    ON THE GUARANTEED PRICES FOR CANE SUGAR
                           FOR THE 1997/98 DELIVERY PERIOD
A. Letter No 1
                                                                         Brussels,
 Sir,
The representatives of the ACP States referred to in Protocol 8 on ACP sugar annexed to
the Fourth ACP-EEC Convention and of the Commission, acting on behalf of the European
Community, have agreed, pursuant to the provisions of the said Protocol, on the following:
For the delivery period 1 July 1997 to 30 June 1998, 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: ECU 52,37 per 100 kilograms;
(b) for white sugar: ECU 64,65 per 100 kilograms.
These prices shall refer to sugar of standard quality as defined in Community legislation,
unpacked, cif, free out of European ports of the Community. The introduction of these
prices in no way prejudices the respective positions of the Contracting Parties in respect of
the principles appertaining to the determination of the guaranteed prices.
! 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 mentionec ACP States and the Community.
Please accept, Sir, the assurance of my highest consideration.
                                                                      On behalf of the Council
                                                                     of the European Union
                                                       ^
 ---pagebreak--- B. Letter No 2
                                                                          Brussels,
Sir,
I have the honour to acknowledge receipt of your letter of today which reads as follows:
           "The representatives of the ACP States referred to in Protocol 8 on ACP sugar
       annexed to the Fourth ACP-EEC Convention and of the Commission, acting on behalf
       of the European Community, have agreed, pursuant to the provisions of the said
       Protocol, on the following:
           For the delivery period 1 July 1997 to 30 June 1998, 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: ECU 52,37 per 100 kilograms;
           (b) for white sugar: ECU 64,65 per 100 kilograms.
           These prices shall refer to sugar of standard quality as defined in Community
       legislation, unpacked, cif, free out of European ports of the Community. The
       introduction of these prices in no way prejudices the respective positions of the
       Contracting Parties in respect of the principles appertaining to the determination of the
       guaranteed prices.
           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."
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
                                                                      of the ACP States
                                                                  referred to in Protocol 8
                                                    G
 ---pagebreak---                                           Text No II
                                        AGREEMENT
                      IN THE FORM OF AN EXCHANGE OF LETTERS
                         BETWEEN THE EUROPEAN COMMUNITY
                                AND THE REPUBLIC OF INDIA
                   ON THE GUARANTEED PRICES FOR CANE SUGAR
                           FOR THE 1997/98 DELIVERY PERIOD
A. Letter No 1
                                                                     Brussels,
Sir,
The Representatives of India and of the Commission, acting on behalf of the European
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, on the following:
 For the delivery period 1 July 1997 to 30 June 1998, 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: ECU 52,37 per 100 kilograms;
(b) for white sugar: ECU 64,65 per 100 kilograms.
These prices shall refer to sugar of standard quality as defined in Community legislation,
unpacked, cif, free out of European ports of the Community. The introduction of these
prices in no way prejudices the respective positions of the Contracting Parties in respect of
the principles appertaining to the determination of the guaranteed prices.
I should be obliged if you would acknowledge receipt of this letter and confirm that this Setter
and your reply constitute an Agreement between your Government and the Community.
Please accept, Sir, the assurance of my highest consideration.
                                                          On behalf of the Council of the
                                                                 European Union
                                              3
 ---pagebreak---                                                                                  Brussels,
Sir,
I have the honour to acknowledge receipt of your letter of today which reads as follows:
           "The Representatives of India and of the Commission, acting on behalf of the
         European 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, on the following:
             For the delivery period 1 July 1997 to 30 June 1998, 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: ECU 52,37 per 100 kilograms;
             (b) for white sugar: ECU 64,65 per 100 kilograms.
             These prices shall refer to sugar of standard quality as defined in Community
         legislation, unpacked, cif, free out of European ports of the Community. The
         introduction of these prices in no way prejudices the respective positions of the
         Contracting Parties in respect of the principles appertaining to the determination of
         the guaranteed prices.
             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.".
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---         IJUDGEÏ HEADING: Bl                                                                     APPROPRIATIONS:
                                                                                                I ( I i I,OM) million
2.     TITLE:
       Council Decision on the conclusion of the Agreements in the form of an exchange of letters between the European Community
       and, on the one hand, the ACP States and, on the other hand, the Republic of India on the guaranteed prices for cane sugar for
       the 1997/98 delivery period.
3.     LEGAL BASIS: Article 113 of the Treaty
4.     AIMS:
       To guarantee cif prices for the ACP States and the Republic of India for their deliveries of white sugar and raw cane sugar to
       the Community which are comparable with the prices guaranteed to sugar producers in the Community for the 1997/98
       delivery period.
         ÏNANCIAL IMPLICATIONS:                                         PERIOD OF                CURRENT                 FOLLOWING
                                                                        12 MONTHS           FINANCIAL YEAR            FINANCIAL YEAR
                                                                                                 , (98)                       (99)
                                                                                                (ECU million)            (ECU million)
                                                                       (ECU million)
5.0.    EXPENDITURE
        -CHARGEDTO HIE EC BUDGET                                            M 5.7                    615.7
          (REFUNDS/INTERVENTION)
        -NATIONAL AUTHORITIES
        -OTHER
5.1.    REVENUE
        - OWN RESOURCES OF THE EC
          (LEVIES/CUSTOMS DUTIES)
        - NATIONAL
                                                                         1999             2000                2001              2002
5.0.1.  ESTIMATED EXPENDITURE
5.1.1.  ESTIMATED REVENUE
5.2.    METHOD OF CALCULATION:
         1.3 million t x ECU 443/1 (refunds) x 1.007 (DT)           ECU 579.9 million (B)
         1.2 million I x ECU 29.2/t (refining aid)       x 1.021 (DT)       ECU 35.8 million (Li)
                                                                            I'CU 615.7 million (B)
6.0.    CAN Till-: PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT
         CI IAITER OF' THE CURRENT BUDGET?                                                                                     YES
6.1.     CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT
         BUDGET?                                                                                                               XXXXXX
6.2.     WILL A SUPPLEMENTARY BUDGET BE NECESSARY?                                                                                 NO
 6.3.    WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?                                                                       YES
 OBSERVATIONS          This is an implementing regulation under Protocol 8 annexed to the Fourth Lomé Convention.
                       Accordingly, it has no newfinancialimpact compared with the previous situation.
                        The cost of re-exporting equivalent quantities of Community sugar and of aid for the refining of raw sugar, will be
                       taken into account in the 1998 budget.
                                                                 *3
 ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(98) 187 final
                                              DOCUMENTS
EN                                                            03  10 11 02
                                    Catalogue number : CB-CO-98-201-EN-C
                                                             ISBN 92-78-32588-0
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